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.

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:

a) The written request by using the form No. 03 as stipulated in the Appendix hereto;

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:

a) The written request prepared by using the form No. 03 as stipulated in the Appendix hereto;

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.

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;

d) Terminate operations according to laws or upon the request of an enterprise;

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.

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

a) Have staff members who are trained in maintenance services and aviation safety to undertake their assigned responsibilities and duties;

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

AIR NAVIGATION SERVICE BUSINESS

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:

1. Requirements concerning the organizational machinery, facilities, equipment, components and teaching staff shall be provided for in Article 25, 26 hereof;

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

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;

e) With respect to professional training and coaching courses for aviation security officers, devices or equipment or simulated systems, and software used for screening passengers, baggage or cargoes; various types of weapons, supporting tools and dangerous articles must be available for use; practice rooms must have equipment and devices which are appropriate for professional training and coaching programs;

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

1. Aviation staff training, coaching and mentoring service providers must recruit the adequate number of theory and practice-based instructors or coaches in order to ensure that at least 01 instructor or coach will be in charge of an aviation subject. These providers may have full-time, part-time and visiting instructors or coaches of which the number of visiting ones employed by these providers shall not exceed more than 50% of total instructors or coaches available in these providers.

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.

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;

d) Report on facilities, such as classrooms, equipment, devices, practice learning facilities developed to ensure compliance with training contents;

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.

4. With respect to any improvement or modification of a certificate, within a permitted period of 20 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; re-issue the certificate of fulfillment of conditions for aviation staff training, coaching and mentoring services to the applicant , or send a written notification of refusal in which reasons therefor must be expressed.

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.

Chapter VIII

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:

a) Article 5 through Article 19 of the Government’s Decree No. 30/2013/ND-CP dated April 8, 2013 on air transport business and general aviation operations;

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./.