DECREE

PROVIDING FOR CONDITIONAL BUSINESS SECTORS OR ACTIVITIES IN THE CIVIL AVIATION INDUSTRY

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006 and the Law on Amendment to and Supplementation of several Articles of the Law on Vietnam Civil Aviation dated November 21, 2014;

Pursuant to the Law on Investment dated November 26, 2014;

Upon the request of the Minister of Transport;

The Government hereby introduces the Decree on conditional business sectors or activities in the civil aviation industry

Chapter I

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Article 1. Scope of application

1. This Decree provides for conditional business sectors or activities in the civil aviation field, including:

a) Air transport business;

b) Airport or airdrome business;

c) Airport, airdrome service business;

d) Design, manufacture, maintenance or testing of aircraft, engines, propellers and equipment thereof in Vietnam;

dd) Air navigation service business;

e) Aviation staff training, coaching and mentoring service business.

2. This Decree shall not apply to specialized airports.

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This Decree shall apply to organizations or individuals engaged in providing for conditional business sectors or activities in the civil aviation field within the territory of Vietnam.

Article 3. Definition

1. Airport or airdrome service business refers to the services directly involved in aircraft operations, air transport operations and flight operations performed at airports or airdromes.

2. Airport operation service business refers to profitable airfield and other airport infrastructure operations under the authority of airport corporations.

3. Air transport service business includes two forms of air transport service business and general aviation service business.

a) Air transport service business refers to air transportation of passengers, luggage, goods and postal items for profitable purposes.

b) General aviation service business refers to profitable general aviation operation services performed by aircraft other than unmanned aircraft systems or ultralight aircraft vehicles as defined in Article 21 of the Law on Vietnam Civil Aviation.

Article 4. Capital confirmation

1. The confirmation of capital contribution shall conform to the following regulations:

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b) With respect to capital contribution made in the form of an asset directly serving business purposes, the certificate of valuation issued by a valuation body having authority to attest monetary value of an asset on the date of preparation of an application dossier for a license in accordance with laws on valuation;

c) Enterprises currently involved in conditional business sectors or activities in the civil aviation industry which have their demands for other additional business sectors or activities as defined herein may use financial statements receiving an auditor’s unqualified opinion prepared in the 02 years immediately preceding the date of submission of that application dossier, or submit a bank guarantee as a capital confirmation.

2. With respect to enterprises involved in multiple conditional business and investment sectors or activities referred to herein, the minimum applicable amount of capital is the highest level of capital required in all of business sectors and activities.

3. Any organization or individual directly providing a confirmation of capital owned by an enterprise shall assume responsibility for accuracy and authenticity of data on the date of submission of such confirmation.

Chapter II

AIR TRANSPORT SERVICE BUSINESS

Article 5. Eligibility requirements for air transport service business

1. Conform to the air transport development plan.

2. Meet requirements concerning plans to ensure availability of aircraft for operations, organizational machinery, capital, business plans and product development tactics referred to in Article 6, 7, 8, 9 hereof.

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4. Regulations laid down in this Chapter shall not apply to training, coaching or mentoring services provided to crew members, and coaches.

Article 6. Requirements concerning plans to ensure availability of aircraft for operations

1. Plans to ensure that aircraft is available for operations for the period of 05 years from the proposed date of business commencement shall include the following contents:

a) The number, type and service life of aircraft;

b) The form of ownership (purchase, hire-purchase or charter);

c) Operation and maintenance planning and scheduling, and arrangements for personnel to meet aircraft operation and maintenance requirements;

d) Financing for aircraft ownership.

2. The service life of used aircraft imported into Vietnam shall be provided for as follows:

a) With regard to aircraft used for carriage of passengers, the service life must be a period of less than 10 years ranging from the date of manufacture to the date of importation under terms and conditions of a purchase or hire-purchase agreement; a period of less than 20 years ranging from the date of manufacture to the date of termination of an aircraft charter agreement. As for used helicopters, the service life must be a period of less than 25 years ranging from the date of manufacture to the date of termination of a charter agreement;

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c) With regard to aircraft used for carriage of passengers, the service life must be a period of less than 10 years ranging from the date of manufacture to the date of importation under terms and conditions of a purchase or hire-purchase agreement; a period of less than 20 years ranging from the date of manufacture to the date of termination of an aircraft charter agreement.

3. The minimum number of aircraft required for the entire process of providing air transport services is 03; for general aviation business is 01; and the number of chartered aircraft with aircrews available for use till the end of the second operation year shall not account for more than 30% of an aircraft fleet.

4. Aircraft must have a type certificate granted by the Federal Aviation Administration of the United States (FAA), European Aviation Safety Agency or Aviation Authority of Vietnam.

Article 7. Requirements concerning organizational machinery

1. Maintain an organizational machinery having competence in implementing the system for aircraft safety, security management, operations, maintenance, flight training and ground handling activities; product development, marketing and selling of air transport, general aviation services in accordance with laws on civil aviation; payment systems.

2. Appoint the person responsible for the system for aircraft safety, security management and operation, and aircraft maintenance and flight training, who must acquire the minimum of 03 years' continuously working experience related to his/her appointment, and achieve certificates or degrees which are issued or recognized in accordance with laws on civil aviation.

3. Appoint the legal representative of an airline who must be a Vietnamese national.

4. With regard to foreign-invested enterprises, the number of foreign members shall not exceed one third of total membership participating in the management board. The management board shall be composed of:

a) Director General (Director), Deputy Director General (Deputy Director);

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c) Persons taking charge of specific activities, such as safety management system; aircraft operations; aircraft maintenance; aircrew training; ground handling; product development; marketing and selling of air transport services.

Article 8. Requirements concerning capital

1. The minimum amount of capital required for establishment and maintenance of an airline shall comply with the following regulations:

a) With regard to an airline operating up to 10 airplanes, the minimum amount of capital shall be VND 700 billion required for an airline providing international air transport services; VND 300 billion required for an airline only providing domestic air transport services;

b) With regard to an airline operating from 11 to 30 airplanes, the minimum amount of capital shall be VND 1,000 billion required for an airline providing international air transport services; VND 600 billion required for an airline only providing domestic air transport services;

c) With regard to an airline operating up to 30 airplanes, the minimum amount of capital shall be VND 1,300 billion required for an airline providing international air transport services; VND 700 billion required for an airline only providing domestic air transport services.

2. The minimum amount of capital required for establishment and maintenance of a general aviation enterprise shall be VND 100 billion.

3. A foreign-invested airline must conform to the following requirements:

a) Foreign ownership shall not exceed 30% of the charter capital;

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4. Transfer of shares, portions of equity participation from airlines that do not have foreign investment capital to foreign investors shall be allowed only after 02 years from the date of issuance of a license for air transport service business.

In order to apply for such transfer, an airline must submit an application for transfer of shares or portions of equity participation to foreign investors to the Civil Aviation Authority of Vietnam, including the following information: transferee investor, transfer conditions, the number of shares, portions of equity participation; aircraft fleet development plans, business plans and developmental strategies, as referred to in Clause 1 Article 9 hereof (where applicable).

Within a maximum of 05 working days of receipt of such application, the Civil Aviation Authority of Vietnam shall submit an evaluation report to the Ministry of Transport.

Within a maximum of 05 working days of receipt of such report, the Ministry of Transport shall consider and send a notification of approval or refusal to applicants and expressly state reasons therefor.

Article 9. Business plans and developmental tactics

1. Business plans and developmental tactics of an airline shall be composed of the followings:

a) Anticipation of market demands and market growth trends;

b) Evaluation of actual status and level of competitiveness of services launched in the market;

c) Tactics for development of air transport products, aircraft fleet, and business development plans for 05 first years from the date of commencement of operations.

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a) Conform to the strategy for socio-economic development, tactics, planning or schemes for transport development;

b) Ensure consistency in the development of airports, airdromes, flight operations, transport equipment and resources that assure aircraft operation and maintenance capability of airlines, and safety control competence of aviation competent authorities; environmental protection and sustainable development;

c) Ensure healthy and equal competitiveness between airlines; harmonious development between different categories of air transport services.

Article 10. Procedures for issuance of a license for air transport service business and general aviation business

1. The applicant for a license for air transport service business and general aviation business shall send 01 set of application dossier directly or by post or other equivalents to the Civil Aviation Authority of Vietnam and assume responsibility for accuracy and authenticity of information included in such dossier.

2. The application dossier shall be comprised of the followings:

a) The written request by using the form No. 01 as stipulated in the Appendix hereto;

b) The original copy of the capital confirmation;

c) The enterprise’s organizational machinery;

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dd) The agreement in principle or agreement on aircraft purchase, hire-purchase or charter;

e) The enterprise’s charter.

3. Within a maximum of 30 working days of receipt of the stipulated dossier, the Civil Aviation Authority of Vietnam shall submit an evaluation report to the Ministry of Transport.

Where the dossier is invalid, within a permitted period of 03 working days of receipt of that dossier, the Civil Aviation Authority of Vietnam must send a written response to the applicant and provide guidance on improvement of the dossier in accordance with laws and regulations.

4. Within a maximum of 15 working days of receipt of the evaluation report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider and submit that report to the Prime Minister. In case of rejection of such evaluation report, a written response should be sent to the Civil Aviation Authority of Vietnam and clearly state reasons therefor.

5. Within a maximum period of 10 days of receipt of the statement on evaluation results from the Ministry of Transport , the Prime Minister shall consider and make a decision to authorize the Ministry of Transport to grant the license for air transport service business, or general aviation service business.

6. Within a permitted period of 05 working days of receipt of the Prime Minister’s opinion, the Ministry of Transport shall grant the license by using the form No.02 stipulated in the Appendix hereto.

7. Within a maximum period of 05 working days of receipt of the said license, the airline must post such license on 03 consecutive issues of a newspaper.

Article 11. Procedures for re-issuance of a license for air transport service business and general aviation business

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2. The airline shall submit 01 set of application dossier directly or by post or other equivalents to the Civil Aviation Authority of Vietnam and assume responsibility for accuracy and authenticity of information included in such dossier. The application dossier shall include:

a) The written request prepared by using the form No. 01 as stipulated in the Appendix hereto;

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

3. Procedures for re-issuance of a license due to any change in contents of that license (except for the case referred to in Clause 6 of this Article):

a) Within a maximum of 15 working days of receipt of the stipulated dossier, the Civil Aviation Authority of Vietnam shall submit an evaluation report to the Ministry of Transport;

b) Within a permitted period of 03 working days of receipt of the evaluation report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall re-issue a license by using the form No.02 stipulated in the Appendix hereto.

4. Procedures for re-issuance of a license because of loss, wear and tear or damage:

a) Within a maximum of 03 working days of receipt of the stipulated dossier, the Civil Aviation Authority of Vietnam shall report to the Ministry of Transport;

b) Within a permitted period of 02 working days of receipt of the report from the Civil Aviation Authority of Vietnam, the Ministry of Transport shall consider re-issuing a license by using the form No.02 stipulated in the Appendix hereto.

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Article 12. Elimination of a license for air transport service business and general aviation business

1. A license for air transport service business and general aviation business shall be invalidated and eliminated in the following cases:

a) Fail to meet capital adequacy requirements during operations;

b) Intentionally falsify information included in the application dossier;

c) Pend air transport services that must be commenced within a permitted period of 18 months from the date of issuance of a license;

d) Cease air transport service operations for a consecutive period of 12 months;

dd) Fail to apply for an air operator’s certificate within a permitted period of 18 months from the date of issuance of a license;

e) Have an air operator’s certificate which is revoked or eliminated for a period of more than 12 months, and is not re-issued;

g) Misuse contents stated in a license;

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i) Commit serious violations against laws on national security and defence;

k) Commit serious violations against laws on aviation security, safety, organizational machinery for administration and operation of air transport and general aviation services;

l) Terminate operations according to laws or upon the request of an airline;

m) No longer meet licensing requirements in accordance with laws.

2. In case of a license subject to invalidation or elimination, the Ministry of Transport shall grant a decision on elimination of that license and an airline must immediately put an end to its air transport operations.

3. Organizations or individuals shall be entitled to obtain re-issued licenses after 01 year from the date of elimination or invalidation of their licenses.

Chapter III

AIRPORT OR AIRDROME BUSINESS

Article 13. Eligibility requirements for airport or airdrome business

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2. A license for airport or airdrome business shall be granted if requirements stated in Article 14 hereof are satisfied.

Article 14. Eligibility requirements for issuance of a license for airport business

1. Have business plans and developmental tactics which include the followings:

a) Staff members must achieve appropriate licenses or certificates and comply with professional requirements concerning airport operations in accordance with laws on civil aviation;

b) Necessary equipment or facilities must be provided to ensure aviation safety and security in accordance with laws on civil aviation.

2. Conform to capital requirements as follows:

a) The minimum level of capital required for establishment and maintenance of an airport enterprise with respect to domestic airport business shall be VND 100 billion; with respect to international airport business shall be VND 200 billion;

b) Foreign ownership shall not exceed 30% of the charter capital.

Chapter IV

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Article 15. Eligibility requirements for airport or airdrome service business

1. Airport or airdrome services shall include:

a) Passenger terminal operation services;

b) Airfield operation services;

c) Air cargo terminal or warehouse operation services;

d) Aviation fuel supply services;

dd) Ground engineering and commercial services;

e) Airline catering services;

g) Aviation equipment repair and maintenance services;

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i) Aviation security services.

2. Air service enterprises shall be entitled to provide air services referred to in Clause 1 of this Article after obtaining the license for airport or airdrome service supply, unless otherwise stipulated by Clause 3 and 4 of this Article.

3. Airfield operation services shall be provided by airport enterprises or any organization in the exercise of authority delegated by the Ministry of Transport to manage airport infrastructure.

4. Aviation security services shall be provided by the aviation security control force which is organized in accordance with Article 195 of the Law on Vietnam Civil Aviation.

Article 16. Licensing requirements for airport, airdrome service business

1. Conform to the detailed plan of an airport, airdrome, and correspond with the capacity of airport or airdrome infrastructure.

2. An enterprise applying for a license for airport, airdrome service business must satisfy the following requirements:

a) Have its organizational machinery that ensure that supply of relevant airport, airdrome services complies with legislative regulations on civil aviation;

b) Employ staff members that achieve appropriate licenses or certificates and comply with professional requirements concerning airport, airdrome operations in accordance with laws on civil aviation;

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d) Satisfy requirements concerning capital as stipulated by Article 17 hereof.

Article 17. Requirements concerning capital

1. The minimum amount of capital required for establishment and maintenance of an airport, airdrome service enterprise shall comply with the following regulations:

a) Passenger terminal operation services: VND 30 billion;

b) Air cargo terminal or warehouse operation services: VND 30 billion;

c) Aviation fuel supply services: VND 30 billion.

2. As for enterprises providing passenger terminal, air cargo terminal operation, fuel supply, ground engineering and commercial, and airfield operation services, foreign equity participation shall not exceed 30% of the charter capital of these enterprises.

Article 18. Licensing procedures for airport, airdrome service supply

1. Individuals or organizations applying for a license for airport, airdrome service supply shall send 01 set of application dossier directly or by post or other equivalents to the Civil Aviation Authority of Vietnam and assume responsibility for accuracy and authenticity of information included in such dossier. The application dossier shall include:

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b) The original copy of the capital confirmation;

c) The duplicate of documents proving that staff members have achieved appropriate licenses or certificates and comply with professional requirements concerning airport, airdrome operations;

d) Documents proving conformity with technical requirements, regulations and standards concerning aviation safety and security, fire and explosion prevention, and environmental protection.

2. Within a permitted period of 15 working days of receipt of the application dossier for licenses in accordance with laws and regulations, the Civil Aviation Authority of Vietnam shall issue a license for airport, airdrome service supply by using the form No.04 stipulated in the Appendix hereto. In case of refusal to grant a license, a written response, expressing reasons therefor, must be sent to the applicant.

Where the dossier is invalid, within a permitted period of 03 working days of receipt of that dossier, the Civil Aviation Authority of Vietnam must send a written response to the applicant and provide guidance on further improvement of the dossier in accordance with laws and regulations.

3. The Civil Aviation Authority of Vietnam shall report on issuance of licenses to the airport authority to conduct any inspection or control.

Article 19. Procedures for reissuance of a license for airport, airdrome service supply

1. In case of loss, wear and tear, damage or change in contents of a license for airport, airdrome service supply, it shall be re-issued.

2. The enterprise applying for re-issuance of such license shall submit 01 set of application dossier directly or by post or other equivalents to the Civil Aviation Authority of Vietnam and assume responsibility for accuracy and authenticity of information included in such dossier. The application dossier shall include:

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

3. With respect to any license reissued because of any change in contents thereof, within a permitted period of 05 working days of receipt of the required dossier, the Civil Aviation Authority of Vietnam shall re-issue a license for airport, airdrome service supply. In case of refusal to grant such license, a written response to the applicant, expressing reasons therefor, must be sent.

4. With respect to re-issuance of a license which has been lost, torn or damaged, within a permitted period of 03 working days of receipt of the application, the Civil Aviation Authority of Vietnam shall be responsible for considering and making its decision on re-issuance of that license, or sending a notification of rejection to the applicant.

5. The Civil Aviation Authority of Vietnam shall send a notification of re-issuance of a license to the airport authority to conduct any inspection or control operation.

Article 20. Elimination or cancellation of a license for airport, airdrome service supply

1. A license for air service supply shall be eliminated or cancelled in the following cases:

a) Provide unauthentic information included in the application dossier;

b) Fail to meet minimum capital requirements during operations;

c) Commit serious violations against laws on national security and defence;

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dd) Receive the Civil Aviation Authority of Vietnam’s third warning within 12 months without taking any remedial actions;

e) Commit serious violations against regulations on aviation security, safety, regulatory business requirements, service price, fire fighting and prevention, and environmental protection;

g) Pend supply of airport, airdrome services that must be commenced within a permitted period of 12 months from the date of issuance of a license.

2. The Civil Aviation Authority of Vietnam shall issue a decision on elimination or cancellation of a license, expressing reasons therefor. Upon receipt of the decision, enterprises supplying airport, airdrome services must immediately terminate their supply of such services.

Chapter V

DESIGN, MANUFACTURE, MAINTENANCE, TESTING OF AIRCRAFT, ENGINES, PROPELLERS AND EQUIPMENT THEREOF

Article 21. Conformity requirements for supply of services relating to design, manufacture, maintenance, testing of aircraft, engines, propellers and equipment thereof within Vietnam

1. An organization supplying services relating to maintenance of aircraft, propellers and equipment thereof within Vietnam must be granted the Certificate of approval of maintenance operations.

2. Conformity requirements for issuance of the certificate of approval of maintenance operations

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b) Maintain testing equipment or devices used for the manufacturing process, or for assessment of airworthiness, which are properly calibrated to ensure compliance with accepted standards, and enable reference to the original standards issued by designers thereof;

c) Have maintenance instructional manuals;

d) Maintain the management machinery in which employees shall be trained to develop appropriate civil aviation capability to hold the following positions, such as base maintenance, line maintenance, component workshop and quality assurance managers.

3. Requirements stated in Clause 2 of this Article must conform to civil aviation technical regulations and standards.

4. This Article shall be applied to maintenance of aircraft that has the registration of Vietnamese nationality, propeller and equipment thereof within Vietnam.

Article 22. Eligibility requirements for providers of services related to design, manufacture, maintenance or testing of aircraft, engines, propellers and equipment thereof within Vietnam

1. Ensure that providers of services related to design, manufacture, maintenance or testing of aircraft, engines, propellers and equipment thereof have been accredited by the Civil Aviation Authority of Vietnam to comply with requirements concerning their organizational machinery; required facilities; working conditions; manufacture, design, maintenance and testing processes; materials available for use; personnel, in accordance with civil aviation technical regulations and standards.

2. This Article shall only be applied to the case in which design, manufacture, maintenance or testing of aircraft, engines, propellers and equipment thereof within Vietnam comply with the type certificate granted by the Civil Aviation Authority of Vietnam.

Chapter VI

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Article 23. Eligibility requirements for air navigation service business

1. Ensure that providers of air navigation services, technical systems and equipment have been licensed for operations by the Civil Aviation Authority of Vietnam provided that they conform to regulatory requirements concerning technical systems, equipment and operational processes in uniformity with civil aviation technical regulations and standards.

2. Conform to capital requirements as follows:

a) Enterprises providing air traffic and aeronautical information, search and rescue services must be wholly state-owned ones;

b) An enterprise providing communication, navigation and surveillance, and aviation meteorology services must have state-owned equity participation which is not less than 65% of its charter capital, and foreign equity participation which does not exceed 30% of its charter capital.

Chapter VII

AVIATION STAFF TRAINING, COACHING AND MENTORING SERVICE BUSINESS

Article 24. Requirements for aviation staff training, coaching and mentoring service business

Providers of aviation staff training, coaching and mentoring services shall be granted the certificate of fulfillment of conditions for supply of aviation staff training, coaching and mentoring services when the following requirements are satisfied:

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2. Requirements concerning training courses, training or coaching materials shall be provided for by the Minister of Transport.

Article 25. Minimum conformity requirements for classrooms, equipment and practice facilities of aviation staff training, coaching and mentoring service providers.

1. Practice rooms and facilities must be spacious enough to store equipment or machinery for use and ensure compliance with minimum regulatory requirements as applied to vocational education institutions.

2. Training or coaching equipment and facilities used for training in several disciplines must meet the following requirements:

a) With respect to professional training and coaching for flight crews and flight instructors, trainer aircraft, simulators, pilot testing and physical training equipment must be available for use;

b) With respect to professional training and coaching for flight attendants, aircraft cabins must be equipped with security, safety, emergency and distress safety, oxygen and passenger service devices and systems must be licensed or approved by the Civil Aviation Authority of Vietnam;

c) With respect to professional training and coaching for engineering officers performing maintenance and repair of aircraft and equipment or components thereof, real aircraft used for hands-on practice activities must be equipped with electric, electronic, communications systems still in normal working conditions, tools or devices used for hands-on practice of mechanical, electric, electronic, information technology maintenance and repair, and aircraft structure schematic diagrams to the extent that it is appropriate for professional training and coaching courses;

d) With respect to professional training and coaching courses for air traffic controllers, a simulated system particularly designed for air traffic controller training activities (except for flight check-in counter, flight information – coordination and signaling officers) must be appropriate for professional training and coaching programs;

dd) With respect to professional training and coaching courses for flight information, navigation and surveillance officers, the adequate number of devices and equipment available for hands-on practice must be appropriate for professional training and coaching contents;

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g) With respect to professional training and coaching courses for aviation communication officers, communication and data systems must be appropriate for professional training and coaching programs; all necessary equipment and devices used for hands-on practice activities must be available for use, which are appropriate for professional training and coaching contents;

h) With respect to professional training and coaching courses for aviation meteorological officers, information and data systems appropriate for professional training and coaching contents must be in place;

i) With respect to professional training and coaching courses for flight dispatchers and flight operations officers, materials pertaining to technical functions and specifications of aircraft of different types currently in service, flight dispatching and operation software; equipment or devices used for hands-on practice activities and information and data systems, must be appropriate for professional training and coaching programs, together with other materials which conform to requirements set out by the International Civil Aviation Organization (ICAO);

k) With respect to professional training and coaching courses for aviation equipment controllers and operators working at airport restricted areas, devices and equipment available for hands-on practice, practice grounds, and operational manuals for these equipment and devices, must be appropriate for professional training and coaching contents;

h) With respect to professional training and coaching courses for aircraft ground handling officers, equipment and devices, materials, information and data systems, and software providing operational manuals, must be appropriate for professional training and coaching contents, and other instructional manuals must be available for use as well;

m) With respect to professional training and coaching courses for flight procedure design officers, regulatory processes for establishment, design or implementation of flight procedures, aeronautical maps, information and data systems, and equipment and devices used for designing flight procedures, must be appropriate for professional training and coaching contents must be in place;

n) With respect to professional training and coaching courses for aviation search and rescue officers, organizational charts, models of aviation search and rescue systems, search and rescue procedures; simulated emergency situations, aviation search and rescue drilling and training video resources; systems of equipment or devices, description lists of international aeronautical code signals relating to civil aviation and search and rescue operations, and information and data systems used for aviation search and rescue operations, must be appropriate for professional training and coaching programs;

o) These equipment and facilities must conform to civil aviation technical regulations and standards in accordance with laws and regulations.

Article 26. Instructors or coaches of aviation staff training, coaching and mentoring service providers

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2. Standards of aviation instructors or coaches

a) Meet requirements referred to in laws on training, education and vocational education. Full-time or part-time instructors or coaches must complete pedagogic professional degree programs;

b) Conform to regulatory professional requirements referred to in relevant legislative documents pertaining to civil aviation;

c) Obtain professional certificates or acquire 5 years’ professional experience in their assigned subjects.

Article 27. Procedures for certification of fulfillment of conditions for aviation staff training, coaching and mentoring services

1. The aviation staff training, coaching and mentoring service provider shall submit 01 set of application dossier directly or by post or other equivalents to the Civil Aviation Authority of Vietnam. The application dossier shall include:

a) An application form for certification of fulfillment of conditions for aviation staff training, coaching and mentoring services by using the form No. 05 stipulated in the Appendix hereto;

b) Description of aviation staff training, coaching and mentoring programs;

c) List of full-time or part-time instructors or coaches with attached copies of diplomas, degrees, certificates, brief summary of their work experience placement, and plans for hiring of visiting instructors or coaches with attached copies of agreements between providers and instructors or coaches, or their main governing bodies;

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dd) Report on theory or practice-based training or coaching programs, materials and resources used for specific subjects;

e) Report on the organizational system, machinery, management staff and administrative documents or records used for administering aviation staff training, coaching and mentoring operations.

2. Within a permitted period of 30 working days of receipt of the required application dossier, the Civil Aviation Authority of Vietnam shall verify the dossier, inspect actual conditions of these providers; request the applicant to further explain, improve or correct submitted documents; issue the certificate of fulfillment of conditions for aviation staff training, coaching and mentoring services to the applicant by completing the form No. 07 stipulated in the Appendix hereto. In case of refusal, reasons therefor should be clearly stated.

Article 28. Re-issuance of certificate of fulfillment of conditions for aviation staff training, coaching and mentoring services

1. In case of loss, wear and tear, damage or change in contents of that certificate, it shall be re-issued.

2. The application dossier for reissuance shall be comprised of the followings:

a) The application form according to the form No. 06 as stipulated in the Appendix hereto;

b) Relevant documents related to any change in contents of the certificate (if any).

3. With respect to re-issuance of a certificate which has been lost, torn or damaged, within a permitted period of 03 working days of receipt of the required application dossier, the Civil Aviation Authority of Vietnam shall re-issue the certificate or send a notification of refusal in which reasons therefor must be expressed.

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Article 29. Elimination or cancellation of certificate of fulfillment of conditions for aviation staff training, coaching and mentoring services

1. That certificate shall be eliminated or cancelled in the following cases:

a) Terminate operations according to laws or upon the request of the provider fulfilling conditions for aviation staff training, coaching and mentoring services;

b) Deliberately falsify information included in the application dossier;

c) Misuse contents stated in a certificate;

d) Intentionally violate aviation security and safety regulations;

dd) Fail to maintain fulfillment of conditions stated in the issued certificate;

e) Find that the certificate has been erased, defaced or altered.

2. In case of a certificate subject to cancellation or elimination, the Civil Aviation Authority of Vietnam shall grant a decision on elimination or cancellation of that certificate. In such case, aviation staff training, coaching and mentoring providers must immediately terminate their operations under the decision of the Civil Aviation Authority of Vietnam.

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IMPLEMENTARY PROVISIONS

Article 30. Responsibilities of enterprises operating in conditional business sectors or activities in the civil aviation field

1. Ensure that their operations comply with contents given in a license or certificate issued by competent authorities.

2. Maintain conformity with requirements for licenses or certificates as provided for herein.

3. Comply with conformity requirements for their operations in accordance with laws on civil aviation.

4. With respect to those that must conform to minimum capital requirements, they shall be obliged to send financial statements subject to auditor's unqualified opinions to the Civil Aviation Authority of Vietnam on an annual basis to implement regulations on inspection and oversight of conformity to capital safety requirements referred to in this Decree.

Article 31. Entry into force

1. This Decree shall enter into force from July 1, 2016.

2. This Decree shall repeal:

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b) Article 36 and 37, Clause 1 Article 38, Clause 1 and 2 Article 39 of the Government’s Decree No. 102/2015/ND-CP dated October 20, 2015 on management and operation of airport or airdrome.

3. Ministers, Heads of Ministry-level agencies, Heads of Government bodies, Presidents of the People’s Committees of centrally-affiliated cities, and organizations or individuals involved, shall be responsible for implementing this Decree./.

PP. THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc