Thông tư 25/2022/TT-BGTVT hướng dẫn công tác bảo đảm chuyến bay chuyên cơ chuyên khoang

CIRCULAR

Elaborating the assurance of dignitary’s flights on private and commercial aircraft

Pursuant to the Vietnam Law on Civil Aviation dated June 29, 2006 and the Law on amendments to the Vietnam Law on Civil Aviation dated November 21, 2014;

Pursuant to Decree No. 96/2021/ND-CP dated November 02, 2021 of the Government of Vietnam on the assurance of dignitary’s flights on private and commercial aircraft;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government of Vietnam on functions, tasks, powers and organizational structure of the Ministry of Transport of Vietnam;

At the request of the Director General of the Department of Transport and Director General of the Civil Aviation Authority of Vietnam;

The Minister of Transport promulgates a Circular elaborating the assurance of dignitary’s flights on private and commercial aircraft.

Chapter I

...

...

...

Article 1. Regulated scope

This Circular provides for standards for aircraft and aviation personnel; process of administration, organization, operation and other necessary assurance works for dignitary’s flights on private and commercial aircraft operated by Vietnam’s airlines and service procedures for dignitary’s flights on private aircraft operated by foreign airlines.

Article 2. Regulated entities

This Circular applied to organizations and individuals related to the assurance of dignitary’s flights on private and commercial aircraft operated by Vietnam’s airlines and dignitary’s flights on private aircraft operated by foreign airlines in Vietnam's airspace and flight information region (FIR) under Vietnam’s control.

Article 3. Interpretation

For the purposes of this Circular, the terms below shall be construed as follows:

1. "Life limited part (LLP)" means any part for which a mandatory replacement limit in terms of operation time or process is specified in the aircraft and engine type design, the instructions for continued airworthiness, or the maintenance manual.

2. “Acceptable deferred defect (ADD)” means a defect on aircraft, its systems or its components which has been assessed as being within the approved requirements allowed for flight operations and has had rectification deferred within a specified time limit prescribed in the instructions for continued airworthiness, the minimum equipment list (MEL) or the configuration deviation list.

3. "Master minimum equipment list (MMEL)” is a list established by a manufacturer of aircraft or an organization responsible for its type design with the approval of the state of design. The MMEL may be associated with special operating conditions, limitations or procedures.

...

...

...

5. “Maintenance message” means information on defects of equipment and engines of aircraft to be monitored and displayed by the on-board maintenance system.

6. “Passengers on a dignitary’s flight on a private or commercial aircraft" are entities served on a dignitary’s flight on private or commercial aircraft (hereinafter referred to as “dignitary's flight”); official members and their entourages determined by an agency competent to notify the flight.

7. “Professional aviation resume” means a resume of an aviation personnel including a criminal record issued by a competent authority when applying for a position in an enterprise operating in the field of civil aviation and a personal curriculum vitae including full, clear and detailed information about the individual's identity. Annually, the head of an organization operating a dignitary’s flight shall be responsible for making comments and evaluations of resumes of aviation personnel serving its flights.

8. “ATS” is the abbreviation of Air Traffic Service.

9. “NOTAM” is the abbreviation of Notice to Airman.

Chapter II

AVIATION STANDARDS FOR AIRCRAFT, AIRCRAFT OPERATIONS, AVIATION PERSONNEL, VEHICLES AND EQUIPMENT FOR DIGNITARY’S FLIGHTS

Section 1. Standards for aircraft and aircraft operations

Article 4. Standards for a Vietnam’s airline operating a dignitary's flight on private aircraft

...

...

...

2. Have at least 05 years of commercial aviation; have an aviation safety action program (ASAP)/ aviation safety management system and an aircraft reliability program for the aircraft technical operation and assurance meeting aviation safety requirements prescribed in Circular No. 01/2011/TT-BGTVT dated January 27, 2011 of the Minister of Transport on promulgation of Vietnam Aviation Regulations concerning aircraft and operation of aircraft.

Article 5. Standards for private aircraft used for dignitary's flights operated by Vietnam's airlines

1. Aircraft must be registered as the Vietnam’s aircraft and used by a Vietnam's airline meeting requirements prescribed in Article 4 hereof.

2. The aircraft must be eligible for the type of which there are at least 2 engines.

3. At the time that a dignitary's flight on the private aircraft is operated by the Vietnam’s airline, the aircraft must meet the following adequate requirements:

a) For the main systems of aircraft including propulsion system, power supply system, fire alarm and suppression system, hydraulic and flight control system that have no recurrent defects (similar defects found within 03 days of operation or 07 consecutive flights on the same system or equipment) or defects that have not been completely repaired or acceptable deferred defects (ADDs) according to MEL or maintenance messages other than those which, in the manufacturer’s opinion, are false or not include any request for repair to the defects;

b) For other systems of the aircraft, in the case of delay due to defects according to the operation and maintenance manual, it is required to ensure the necessary backup for the aircraft to continue to fly if there are further defects in these systems during the dignitary’s flight on the private aircraft;

c) The aircraft must have adequate emergency and safety equipment in the state of readiness for operation.

4. For LLPs on the fuselage, the remaining useful life (RUL) of the each part is not less than 1000 takeoffs and landings or 10% of the total life (by time, by flight time or number of takeoffs and landings specified by the manufacturer), whichever is later.

...

...

...

6. The aircraft must have a configuration meeting requirements for diplomatic etiquette when being required.

7. The Head of the Vietnam’s airline issues a written permission for the aircraft to be used for operating the dignitary’s flight.

Article 6. Standards for engines of private aircraft used for dignitary's flights operated by Vietnam's airlines

1. For the main systems of an aircraft engine including an engine control system, a fire alarm and suppression system and a system displaying engine performance parameters that have no recurrent defects (similar defects found within 03 days of operation or 07 consecutive flights on the same system or equipment) or defects that have not been completely repaired or acceptable deferred defects (ADDs) according to MEL or maintenance messages other than those which, in the manufacturer’s opinion, are false or not include any request for repair of the defects.

2. For other systems of the aircraft engine, in case of application of defect deferral according to the operation and maintenance documentation, it is required to ensure the necessary backup for the aircraft to continue to fly if there are further defects in these systems during the dignitary’s flight on the private aircraft operated by the Vietnam’s airline;

3. For LLPs on the aircraft engine, the remaining useful life (RUL) of the each part is not less than 1000 takeoffs and landings or 10% of the total life (by time, by flight time or number of takeoffs and landings specified by the manufacturer), whichever is later.

4. The engine used for the aircraft of the Vietnam’s airline operating the dignitary’s flight on the private aircraft must be permitted in writing to be used by the head of the airline.

Article 7. Separation between aircraft used for dignitary’s flights and other aircraft and separation between aircraft used for dignitary’s flights

1. At the airport, the separation between aircraft used for dignitary's flights and other aircraft on the ground of the air operation area must be in accordance with the operational restrictions specified in Article 28 hereof.

...

...

...

a) For the separation based on the use of ATS surveillance systems: the separation shall be increased by 02 times in comparison with the separation minima announced by Civil Aviation Authority of Vietnam and applied according to the provisions in Article 37 of Circular. No. 19/2017/TT-BGTVT dated June 6, 2017 of the Minister of Transport on air traffic management and air navigation (hereinafter referred to as “Circular No. 19/2017/TT-BGTVT”);

b) For other separation methods, regulations in Article 36 of Circular No. 19/2017/TT-BGTVT shall be applied.

3. In the area control center, the following requirements for the separation between aircraft used for dignitary’s flights and other aircraft must be met:

a) Air traffic control (ATC) shall not change the altitude of long-haul flights in comparison with the planned flight path of aircraft used for dignitary’s flights, except for reasons of security and safety;

b) It is not required to change speed of aircraft used for dignitary’s flights;

c) The separation minima between aircraft used for dignitary’s flights and other aircraft in the area control center shall comply with regulations at points a, b, clause 2 of this Article.

4. The separation between aircraft used for dignitary’s flights shall comply with regulations in Clauses 1, 2 and 3 of this Article.

Section 2. Standards for vehicles and equipment used for the dignitary’s flight and aviation security equipment

Article 8. Standards for vehicles and equipment used for a dignitary’s flight

...

...

...

2. Vehicles and equipment serving the dignitary’s flight (including backups) must ensure no incident occurred within 07 days from the date of flight service.

3. There must be 01 fire truck and 01 ambulance on duty with their engines running at the fire station during the service period of the dignitary’s flight.

Article 9. Standards for metal detector gates and X-ray scanners

1. They must meet technical requirements according to regulations in the Program on aviation security and aviation security quality control in Vietnam.

2. They must be checked for the manufacturer’s standard operating procedures by the aviation security force at the airport or aerodrome at least 30 minutes before the time of flight service.

Section 3. Standards for aviation personnel

Article 10. Standards for pilots of an aircraft used for a dignitary’s flight operated by a Vietnam’s airline

1. For aircraft pilots who have Vietnamese nationality:

a) Have a valid aircraft pilot licence granted by Civil Aviation Authority of Vietnam (CAAV) pertaining to the aircraft type used for planned dignitary’s flight operated by the Vietnam’s airline and a valid rating associated therewith;

...

...

...

c) For the first officer (FO): have at least 3.000 hours of the total cumulative flight time on the aircraft whose average flight time is more than 02 hours; have at least 2.000 hours of the total cumulative flight time on the aircraft whose average flight time is shorter than 02 hours;

d) For the operator of a new type of aircraft, if there is a request for the dignitary’s flight on the private aircraft of the Vietnam’s airline in 01 year since its launch: be responsible for evaluating the flight pilots’ qualifications by their accumulation of sufficient flight hours, as stipulated at points b and c clause 1 of this Article, on previous private aircraft used for dignitary’s flight and report to CAAV for monitoring;

dd) Have a sense of responsibility, good sense of discipline and clear resume;

e) Have not been disciplined in the employment process for any mistakes that threaten safety at level D or higher in 24 months prior to the operation of the dignitary’s flight on the private aircraft;

g) Be permitted in writing to operate the dignitary’s flight on the private aircraft of the Vietnam's airline by the head of the airline.

2. For aircraft pilots having foreign nationality: (only be permitted to operate dignitary's flights on commercial aircraft, having more than 2000 flight hours on commercial aircraft used for dignitary’s flights)

a) Must conclude an employment contract with a minimum term of 24 months with a Vietnam’s airline that is ordered for operating the dignitary's flight on the commercial aircraft operated by the Vietnam's airline prior to the selection of it to serve such flight; in case there is a request for using a new type of aircraft that is operated in Vietnam with a maximum of 24 months, may use the pilots of the new type of aircraft who concluded an employment contract with a minimum term of 03 months;

b) Have a valid operating licence granted by CAAV pertaining to the aircraft type used for the dignitary’s flight on the commercial aircraft operated by the Vietnam’s airline and a valid type rating associated therewith;

c) Have a sense of responsibility, good sense of discipline and clear resume;

...

...

...

dd) Operate the dignitary’s flight on the commercial aircraft of the Vietnam’s airline with Vietnamese pilots;

e) Be permitted in writing to operate the dignitary’s flight on the commercial aircraft of the Vietnam's airline by the head of the airline.

Article 11. Standards for flight attendants of aircraft used for dignitary’s flights operated by Vietnam’s airlines

1. Have Vietnamese nationality.

2. Meet standards for health as prescribed in Joint Circular No. 18/2012/TTLT-BYT-BGTVT dated November 05, 2012 on standards for health of aviation personnel and requirements for health facilities set examinations on aviation personnel.

3. Have a valid flight crew licence (FCL) granted by CAAV pertaining to the aircraft type used for the planned dignitary’s flight operated by the Vietnam’s airline and a valid rating associated therewith;

4. Have at least 400 hours of the total cumulative flight time as a flight attendant, including at least 100 cumulative flight hours as a flight attendant serving on the private aircraft used for the dignitary’s flight operated by the Vietnam’s airline.

For the operator of a new type of aircraft, if there is a request for the dignitary’s flight on the private aircraft operated by the Vietnam’s airline in 01 year since its launch: be responsible for evaluating the flight attendants’ qualifications by their accumulation of 700 flight hours or higher and that of 100 flight hours or higher on the previous private aircraft used for the dignitary’s flight and report to CAAV for monitoring.

5. Have a sense of responsibility, good sense of discipline and clear resume.

...

...

...

7. Be permitted in writing to serve the dignitary’s flight operated by the Vietnam's airline by the head of the airline.

Article 12. Standards for aircraft maintenance technicians (AMTs) serving on private aircraft used for dignitary’s flights operated by Vietnam’s airlines

1. Have Vietnamese nationality or foreign nationality. If an AMT holds foreign nationality, the Vietnam’s airline shall add one more ATM having Vietnamese nationality.

2. Have a category B1 or B2 aircraft maintenance license for the type of aircraft on which such AMTs serve.

3. Have a sense of responsibility, good sense of discipline and clear resume;

4. Have not been disciplined in the employment process for any errors that threaten safety at level D or higher in 12 months prior to the selection of the AMTs to serve the dignitary’s flight on the private aircraft operated by the Vietnam’s airline;

5. Be permitted in writing to serve the dignitary’s flight on the private aircraft operated by the Vietnam's airline by the head of the airline.

6. For the operator of a new type of aircraft, if there is a request for the dignitary’s flight on the private aircraft of the Vietnam’s airline in 01 year since its launch: be responsible for evaluating the qualifications of the AMTs accompanying the aircraft, as stipulated at clauses 1, 2, 3, 4 and 5 of this Article, on previous private aircraft used for the dignitary’s flight and report to CAAV for monitoring.

Article 13. Standards for air traffic controllers

...

...

...

2. Have 03 consecutive years of performance as an air traffic controller at air traffic control units by the time of serving the dignitary’s flight on the private aircraft.

3. Have a sense of responsibility, good sense of discipline and clear resume.

4. Have not been disciplined in the employment process for any air traffic incidents that threaten safety at level D or higher due to direct actions of the air traffic controllers in 12 months prior to the operation of the dignitary’s flight.

5. Be permitted in writing to control the dignitary’s flight operated by the Vietnam's airline by the head of the air navigation service (ANS).

Article 14. Standards for ground operators and airport equipment operators serving dignitary’s flights at airports and aerodromes

1. Have a valid license, type rating and certificate of aviation personnel pertaining to the type of aircraft, position of the aviation personnel.

2. Have at least 12 consecutive months of working at the assigned position by the time of serving the dignitary's flight on the private aircraft; except for aircraft fuelers, must have at least 24 consecutive months of working as an aircraft fueler by the time of serving the dignitary's flight on the private aircraft.

3. Have a sense of responsibility, good sense of discipline and clear resume.

4. Have not incurred any mistakes disciplined by warning or stricter penalty in 12 months by the time of serving the dignitary’s flight.

...

...

...

Article 15. Standards for ground operators serving dignitary's flights on private aircraft who perform weight and balance control and loading instruction for dignitary’s flights on private aircraft operated by Vietnam's airlines to foreign countries

1. Have Vietnamese nationality.

2. Have a valid certificate of completion of a training course on aircraft weight and balance control and loading instruction conformable to the type of aircraft used for the private flight; a valid certificate of completion of a training course on dangerous cargo, aviation security and apron safety.

3. Have at least 5 consecutive years of working as a ground operator of weight and balance control and loading instruction prior to the operation of the dignitary’s flight on the private aircraft, including at least 01 year of working on aircrafts in the same type with the private aircraft used for the dignitary’s flight.

4. Have a sense of responsibility, good sense of discipline and clear resume.

5. Have not incurred any mistakes disciplined by warning or stricter penalty in 12 months prior to the selection of them to serve the dignitary’s flight on the private aircraft.

6. Be permitted in writing to serve the dignitary’s flight on the private aircraft by the head of the enterprise.

Article 16. Standards for aviation security officers

1. Have a valid license and a valid rating of aviation security officer issued by CAAV.

...

...

...

3. Have not incurred any mistakes disciplined by warning or stricter penalty in 12 months prior to the selection of them to serve the dignitary’s flight.

4. For airport security screeners, have at least 02 consecutive years of screening directly by the time of serving the dignitary’s flight.

5. Be permitted in writing to serve the dignitary’s flight by the head of the enterprise.

Section 17. Standards for flight dispatchers/flight operations officers

1. Have a valid flight dispatcher licence issued by CAAV.

2. Have at least 05 consecutive years of working as a flight dispatcher by the time of serving the dignitary’s flight.

3. Have a sense of responsibility, good sense of discipline and clear resume.

4. Have not incurred any mistakes disciplined by warning or stricter penalty in 12 months prior to the selection of them to serve the dignitary’s flight on the private aircraft.

5. Be permitted in writing to serve the dignitary’s flight on the private aircraft by the head of the enterprise.

...

...

...

SERVING DIGNITARY’S FLIGHTS

Section 1. Confirmation and operation of dignitary’s flights

Article 18. Accepting and implementing assurance of the dignitary’s flight operated by the Vietnam’s airline

1. Immediately after receiving a notification of the dignitary’s flight operated by the Vietnam’s airline and changes to the notification from an agency competent to notify the dignitary’s flight on the private aircraft operated by the Vietnam’s airline, CAAV shall be responsible for sending the notification to the following agencies and units:

a) Airport authority;

b) Vietnam’s airlines operating dignitary's flights on order;

c) Vietnam Air Traffic Management Corporation (VATM) and Air Traffic Flow Management Center (ATMC);

d) Operators of airports or aerodromes where aircraft used for dignitary's aircraft take off or land.

2. Agencies and units prescribed in clause 1 of this Article shall be responsible for fully implementing, recording and storing information on the performance of their tasks as prescribed by law on archives.

...

...

...

1. Immediately after receiving a notification of the dignitary’s flight on the private aircraft operated by the foreign airline and changes to the notification from an agency competent to notify the dignitary’s flight on the private aircraft operated by the foreign airline, CAAV shall be responsible for sending the notification to the following agencies and units:

a) Airport authority;

b) Vietnam Air Traffic Management Corporation (VATM) and Air Traffic Flow Management Center (ATMC);

c) Airport enterprises and operators of airports or aerodromes where private aircraft used for dignitary’s flights take off or land.

2. Agencies and units prescribed in clause 1 of this Article shall be responsible for fully implementing, recording and storing information on the performance of their tasks as prescribed by law on archives.

Section 2. Pre-flight preparation procedures, flight plans and security and safety assurance of dignitary’s flights on private aircraft

Article 20. Determination of aircraft and airways

1. Vietnam’s airlines operating dignitary's flights on private aircraft on order shall prepare plans for serving such flights, including: determining the official and backup aircraft according to standards prescribed in Articles 5 and 6 of this Circular; airways; list of nations and territories requesting the approval for flying over/flying to points of departure and arrival of other nations and territories; details related to the operation, technical assurance; notify the Consular Department - Ministry of Foreign Affairs and CAAV for monitoring and supervision as follows:

a) For dignitary’s flights on private aircraft operated by Vietnam’s airlines: at least 02 days prior to the scheduled operation of domestic flights; at least 07 days prior to the scheduled operation of international flights;

...

...

...

2. Vietnam’s airlines operating dignitary's flights on order must promulgate procedures for serving dignitary’s flights on commercial aircraft to be applied and notify CAAV immediately after the procedures are approved or amended.

3. Vietnam’s airlines operating dignitary's flights shall fully perform essential maintenance and repair according to the approved maintenance data in order to fix all detects on the essential systems of the aircraft; ensure that the aircraft and engines selected to operate the dignitary’s flights on private aircraft no longer have any maintenance alerts, except for maintenance messages which, are considered by manufacturer to be false or not requiring repair.

Article 21. Confirmation of technical status of private aircraft used for dignitary's flights operated by Vietnam’s airlines

1. In addition to compliance with regulations on maintenance certificate, aircraft maintenance technicians (AMTs) and heads of the Vietnam’s airlines serving dignitary’s flights must put their signatures to logbooks of such dignitary’s flights operated by the Vietnam's airlines for confirming that the qualified aircraft are eligible for the flights.

2. In case a Vietnam’s airline operates a dignitary's flight on a private or commercial aircraft on order but there are no aircraft maintenance technicians (AMTs) performing their tasks prescribed in clause 1 of this Article, the Vietnam's airline must use aircraft maintenance technicians (AMTs) of an aircraft maintenance provider approved by CAAV in terms of meeting the standards prescribed in Article 12 of this Circular.

Article 22. Taking charge and cooperating in assurances about the safety and security of dignitary’s flights

1. Vietnam’s airlines operating dignitary’s flights on private aircraft shall be responsible for the cooperation with agencies and units related to serving the dignitary’s flights on private aircraft in ensuring the safety, security and take-off and landing schedules for the dignitary’s flights on private aircraft operated by the Vietnam's airlines during the implementation period; cooperation with agencies having competence in notifying the dignitary’s flights on private aircraft operated by the Vietnam’s airlines, the State Protocol Department of the Ministry of Foreign Affairs, CAAV and units working as advance parties to plan services at foreign airports.

2. Vietnam’s airlines operating dignitary's flights shall preside over the guidance and maintenance of orders on the private aircraft used for dignitary’s flights if entourages and other entities are flying together with served entities on the dignitary's flights.

3. Vietnam’s airlines operating dignitary’s flights shall be responsible for the cooperation with agencies and units related to serving the dignitary’s flights on private aircraft in ensuring the safety and security of cargo, luggage, documents and property of the passengers on the dignitary’s flights on private aircraft.

...

...

...

5. For dignitary’s flights on commercial aircraft, Vietnam’s airlines shall be responsible for the cooperation with agencies and units related to serving the dignitary’s flights on commercial aircraft in implementing measures for ensuring the safety and security of passengers of these flights; not transport passengers who are the arrestees, defendants, prisoners, expellees, extraditors, persons who are refused to enter Vietnam without voluntary repatriation, people arrested under pursuit warrants, people who lose their capacity to control their behavior and dangerous goods in accordance with regulations on ensuring aviation security and safety for the dignitary’s flights on commercial aircraft.

6. Vietnam’s airlines shall be responsible for arrangement of seats on aircraft at the requests of agencies having competence in notifying dignitary’s flights on private aircraft.

7. Vietnam’s airlines operating dignitary’s flights on private aircraft to foreign countries on order shall be responsible for the cooperation with agencies prescribed in Article 5 of Decree No. 96/2021/ND-CP dated November 02, 2021 of the Government of Vietnam on the governing of dignitary’s flights in assessing the capacity to receive, ensuring the safety and security of the airports expected to land in such foreign countries and organizing delegations to perform work of ensuring the security and safety of the dignitary’s flights on private aircraft.

8. Aviation service providers in airports and aerodromes serving dignitary’s flights shall formulate procedures for serving these flights and cooperate with airport/aerodrome operators and airlines in facilitating the governance of dignitary’s flights.

Article 23. Managing list of private aircraft used for dignitary’s flights and its engines and list of flight crews and aircraft maintenance technicians (AMTs) serving dignitary’s flights on private aircraft operated by Vietnam’s airlines

1. Vietnam’s airlines operating dignitary's flights shall formulate, manage and notify in writing to CAAV and airport authorities:

a) List of aircraft used for dignitary’s flights operated by Vietnam’s airlines and their engines that meet the requirements and standards prescribed in Articles 5 and 6 hereof;

b) List of flight crews and aircraft maintenance technicians (AMTs) permitted to dignitary’s flights on private aircraft operated by Vietnam’s airlines that meet the requirements and standards prescribed in Articles 10, 11, 12 and 21 hereof.

2. Vietnam’s airlines operating dignitary's flights shall notify in writing to CAAV and airport authorities related to the list of officials and personnel of the airlines, flight crews, attendants, aircraft maintenance technicians (AMTs), ground operators of weight and balance control and loading instruction loading and dispatchers serving dignitary’s flights operated by the Vietnam’s airlines before loading passengers onto the aircraft.

...

...

...

Article 24. Noticing aviation news

1. Units affiliated to Vietnam Air Traffic Management Corporation (VATM) shall be responsible for the following tasks:

a) Air Traffic Flow Management Center shall notify related units of a dignitary’s flight plan for a private aircraft and related amendments;

b) Center for noticing aviation news shall not issue NOTAM about the limit of operation at airports when receiving the plan for operating the dignitary’s flight on the private aircraft from the Air Traffic Flow Management Center, including amended flight plans.

2. If the actual time for taking off or landing of the aircraft differs from the estimated time specified by the flight plan by more than 10 minutes, the following solutions shall be adopted:

a) For an arriving flight: Regional aircraft management company shall promptly notify the airport operator and the Air Traffic Flow Management Center; the Air Traffic Flow Management Center shall promptly notify the Center for noticing aviation news for issuance of amended NOTAM; the airport operator may not promptly notify to the airport authority and the aircraft operator;

b) For a departing flight: Vietnam’s airline shall promptly notify the airport operator; the airport operator shall promptly notify the airport authority, the Regional aircraft management company, Air Traffic Flow Management Center; the Air Traffic Flow Management Center shall promptly notify the Center for noticing aviation news for issuance of NOTAM about this issue;

c) Relative units shall, based on their functions and tasks, serve the dignitary's flight on the private aircraft according to the revised aircraft.

Article 25. Priority principals for operation of dignitary’s flights in case multiple aircraft operate

...

...

...

2. When landing: aircraft used for dignitary’s flights shall be given priority over landing after aircraft that must be landed urgently and aircraft whose remaining fuel is not sufficient to fly a hold or fly to an alternate airport in a safe manner.

Section 4. Procedures for operating airports and aerodromes to serve dignitary’s flights.

Article 26. Reserved areas for dignitary’s flights

1. Aircraft aprons or stands intended to be used for parking aircraft used for dignitary’s flights shall be secured with surrounding protective corridors and conditions to ensure security, safety, solemnity and convenience for the welcome and farewell ceremonies of passengers on dignitary’s flights on private aircraft.

2. Airport/aerodrome operators and operators of works determined in airport operations manual (AOM) and aerial work operations manual: procedures for operation of aprons, stands, taxiways and guest houses serving dignitary’s flights on private aircraft at the airport under their management.

3. Airport/aerodrome operators shall take charge and cooperate with aviation service providers at the airport or aerodrome in determining areas and serving procedures for goods and luggage of passengers on the dignitary’s flights on private aircraft in the airport operations manual in a convenient and rapid manner and in compliance with regulations related to aviation security and safety.

Article 27. Inspecting runways, taxiways, aprons and air traffic quality assurance systems serving dignitary flights and compartments.

1. Airport/aerodrome operators shall inspect runways, taxiways and aprons to ensure safe conditions for flights. Inspection and troubleshooting (if any) must be completed before 10 minutes in comparison with scheduled time of take-off or landing of each aircraft used for each dignitary’s flight.

2. Air navigation service (ANS) provider shall cooperate with airport/aerodrome operators in formulating lists and contents and inspecting technical conditions of primary and backup air traffic quality assurance systems. The inspection must be completed within from 90 to 180 minutes before the scheduled time of take-off or landing of each aircraft used for each dignitary’s flight.

...

...

...

Article 28. Restricting operations at airports and aerodromes during dignitary’s flight

1.  Restrictions on operations at an airport or aerodrome during the time for landing of a dignitary’s flight are as follows:

a) 05 minutes before the aircraft lands, the designed runway shall be reserved for the aircraft used for the dignitary’s flight; after the aircraft has landed and ran off the runway, the runway will return to normal operation;

b) 30 minutes before the aircraft used for the dignitary’s flight lands, the designed apron shall be reserved for the aircraft.

2. Restrictions on operations at an airport or aerodrome during the time for takeoff of a dignitary’s flight are as follows:

a) The aircraft apron shall be protected and isolated from the time that the aircraft used for the dignitary’s flight enters it to make preparations for the flight;

b) 05 minutes before the aircraft used for the dignitary’s flight enters its runway, the runway shall be reserved for the aircraft used for the dignitary’s flight under control of the air traffic control unit. After the aircraft used for dignitary's flight takes off, the runway is allowed to be operated as normal.  If the aerodrome has multiple runways, undesigned runways for the aircraft used for the dignitary’s flight are allowed to be normally operated according to regulations on parallel runway operation.

3. When an aircraft used for a dignitary's flight is taxiing on a taxiway on an apron, people, vehicles and other aircraft must maintain the safe distance of 500 meters in the front and behind of the aircraft.

4. Airport/aerodrome operators shall be responsible for promptly sending an announcement via walkie-talkies or telephones to drivers working at areas related to the operation of a dignitary’s flight for their compliance with the restrictions on operation when having the dignitary’s flight operating at the airport or aerodrome.

...

...

...

6. Regulations in clauses 1, 2, 3 and 4 of this Article do not apply in distress cases at the airport.

Section 5. Regulations on aviation security assurance

Article 29. Aviation security identification cards (ASICs) and aviation security passes issued to people and vehicles serving dignitary’s flights

1. The issuance of ASICs and aviation security passes to people and vehicles serving dignitary’s flights on private aircraft as well as management and use thereof shall comply with regulations in Circular No. 13/2019/TT-BGTVT dated March 29, 2019 of the Minister of Transport of Vietnam elaborating the Program for Vietnam’s aviation security and aviation security quality control; Circular No. 41/2020/TT-BGTVT dated December 31, 2020 of the Minister of Transport amending certain Articles of Circular No. 13/2019/TT-BGTVT.

2. Head of a unit participating in serving a dignitary’s flight shall make a list of people who regularly serve the flight and request CAAV and its Regional Airport Authority to issue long-term ASICs. The list also clarifies regular tasks of these people.

3. Manager of a vehicle management unit (VMU) regularly participating in serving a dignitary’s flight shall make a list of vehicles requiring long-term aviation security passes granted by a Regional Airport Authority. The list also clarifies functions of these vehicles.

4. Head of a unit participating in serving a dignitary’s flight shall make a list of people and vehicles requiring short-term ASICs and aviation security passes in accordance with the regulations granted by the Airport Authority.

5. Locations of issuing short-term ASICs and passes must be outside servicing areas of dignitary's flights on private aircraft.

6. Officials and soldiers of the Guards Command - Ministry of Public Security, who are carrying out their duties to ensure security for dignitary’s flights, are allowed to use cards or pins issued by the Guards Command - Ministry of Public Security to work in restricted areas and must notify the card or pin template to CAAV.  In case guards accompany guarded persons who also carry weapons or combat gears, regulations shall be complied with.

...

...

...

Article 30. Ensuring security and safety of fuels and refuelling of dignitary’s flights operated by Vietnam's airlines

1. A Vietnam's airline operating a dignitary’s flight shall inspect and supervise the assurance of quality and safety of fuels and refuelling of the flight according to Circular No. 04/2018/TT-BGTVT dated January 23, 2018 of the Minster of Transport on technical assurance of aviation fuels (hereinafter referred to as “Circular No. 04/2018/TT-BGTVT dated January 23, 2018”).

2. Fuel service providers of the dignitary’s flight on private aircraft in Vietnam must ensure that refuelling vehicles of aircraft used for dignitary’s flights operated by Vietnam's airlines must be inspected and confirmed to be of good technical conditions; must be approved by the heads of vehicle users in the lists of vehicles permitted to be used for dignitary's flights on private aircraft operated by Vietnam's airlines.

3. Before fuel are put into the aircraft used for the dignitary’s flight, they must be confirmed to have quality meeting requirements specified in Circular No. 04/2018/TT-BGTVT dated January 23, 2018. Confirmations of fuel quality must be signed by the heads or authorized persons of the fuel service providers and persons in charge of the laboratories and must be valid.

4. The remaining fuel of the aircraft before fuelling must undergo quality inspection by the Vietnam's airline operating the dignitary’s flight according to the maintenance manual; the remaining fuel of the aircraft which does not meet requirements must be withdrawn from the aircraft, the aircraft fuel tank must be treated according to regulations before refuelling to ensure that the fuel is not affected  or altered when being putted into the aircraft according to the standards.

5. The security inspection of the refuelling vehicle, drivers and persons in charge of other tasks accompanying the refuelling vehicle (if any) of the fuel service providers of the private or commercial aircraft used for the dignitary’s flight operated by the Vietnam’s airline before entering an airfield in Vietnam:

a) Inlets and outlets of the refuelling vehicle must be sealed after the vehicle is filled up with fuel at the depot. In case the refuelling vehicle of the aircraft used for the dignitary's flight operated by the Vietnam's airline passing through an area apart from the restricted area, the refuelling vehicle must be escorted by 01 vehicle and aviation security officers of the fuel service provider; the refuelling vehicle must have a camera and a vehicle tracking system;

b) The aviation security force at the airport/aerodrome shall be responsible for inspecting all persons accompanying the aircraft and its refuelling vehicle, ensuring that inlets and outlets of the refuelling vehicle remain their seals before entering the restricted area;

c) The fuel service providers shall comply with procedures for inspecting the refuelling vehicle and procedures for controlling fuel quality before refuelling.

...

...

...

a) The refuelling of the private or commercial aircraft used for the dignitary’s flight in Vietnam shall be carried out under direct supervision of a supervisory team including a representative of the Airport Authority; representative of a technical team of preparation for the private or commercial aircraft used for the dignitary's flight operated by the Vietnam’s airline; representative of the Vietnam’s airline having the private or commercial aircraft used for the dignitary’s flight; representative of airport/aerodrome operators; representative of aviation security control units at the airport/aerodrome; representative of fuel service providers of the private or commercial aircraft used for the dignitary’s flight operated by the Vietnam’s airline. The refuelling must be recorded in writing by a representative of the Airport Authority;

b) The refuelling of the private or commercial aircraft used for the dignitary’s flight in a foreign country shall be carried out under direct supervision of a supervisory team including a representative of a technical team of preparation for the private aircraft used for the dignitary's flight; specialized security personnel of the Vietnam’s airline accompanying the dignitary’s flight on the private aircraft (if any);

c) The supervisory team shall verify the legitimacy of the confirmations of the fuel quality; check the seals on inlets and outlets of the fuelling vehicle; supervise the refuelling process; supervise the sampling and sealing of the samples after refuelling; supervise the visual inspection of the aviation fuel before and during the refuelling according to the procedures of refuelling of the aircraft in case the refuelling is carried out in Vietnam.

7. The sampling and storage of samples and certificates of fuel quality inspection in Vietnam:

a) Before refuelling, the airline operating the dignitary’s flight shall take a sample of at least 01 liter of the remaining fuel of the aircraft and the fuel contained in the refuelling vehicle, seal and store the fuel sample; the objects used for the storage must meet the applicable Vietnamese or international standards of aviation fuel;

b) Container, flight number, refuelled aircraft call sign, license plate of the refuelling vehicle, sampling time, name of sample taker, sampling date, name and signature of the sealing person must be labelled clearly on each sample and there must have a Sampling Record signed by the sample taker and supervisor;

c) Confirmations of fuel quality and fuel sample must be stored by the fuel service provider and the operator of the airport where the refuelling is carried out until the aircraft used for the dignitary’s flight operated by the Vietnam’s airline lands at the arriving airport.

8. For dignitary’s flights on private aircrafts operated by foreign airlines, the fuel security and safety of aircrafts used for dignitary’s flights shall be governed by this Article.

Article 31. Ensuring food security and safety of meals for dignitary’s flights

...

...

...

2. The aviation security forces of catering service providers shall cooperate with airlines operating dignitary’s flights on private aircraft in carrying out visual inspections of meals for dignitary’s flights on private aircraft departing from Vietnam before being contained/wrapped and sealed and arranging aviation security officers of airline meal service providers.

3. Vietnam’s airlines operating dignitary's flights shall cooperate with the Guards Command - Ministry of Public Security in testing food and drink for guarded persons and drink for guarded persons undertaking tasks in foreign countries.

4. Flight crews shall only accept meal containers for passengers of dignitary's flights with security seals which are intact.

Article 32. Ensuring aviation security and safety in public areas of airports/aerodromes when having dignitary’s flights operating in there

1. Airport/aerodrome operators shall direct aviation security forces at the airports/aerodromes to cooperate with local public security in setting up checkpoints at the entrances, exits and public areas of airports/aerodromes.

2. Airports/aerodromes where there are dignitary’s flights operating shall arrange appropriate aviation security officers, equipment and support tools together with local public security to organize patrols, control and keep order in public areas of airports and aerodromes during the preparation and service of dignitary’s flights; detect, prevent and promptly handle acts that cause insecurity for the flights.

1. Served passengers and their luggage prescribed in Article 4, Decree No. 96/2021/ND-CP dated November 02, 2021 of the Government of Vietnam on the assurance of dignitary’s flights on private aircraft shall be exempted from aviation security inspections. 

2. Aviation security forces are not responsible for cooperating with units affiliated to the Guards Command - Ministry of Public Security in inspecting lists of entities eligible for exemption from aviation security inspections.

Article 34. Ensuring security of dignitary’s flights operated by Vietnam’s airlines

...

...

...

2. For a private aircraft used for a dignitary’s flight parked overnight, the airline must seal the aircraft door and hand it over to the aviation security force at the airport or aerodrome; the handover must be shown in writing and kept at the workplace of the aviation security force at the airport or aerodrome; The stand of the aircraft must have sufficient light intensity and be arranged with guards or monitored by technical means to detect and prevent people and vehicles from illegally approaching the aircraft. Ramps, jet bridges, conveyor belts and other equipment shall be moved out of the aircraft.

3. Airport/aerodrome operators shall direct aviation security forces at the airports/aerodromes to cooperate with units affiliated to the Guards Command – Ministry of Public Security in inspecting and supervising aviation security of aircraft, passengers, luggage and goods of dignitary's flights.

4. Objects served on board must, before being brought into the aircraft, pass aviation security inspections conducted by X-ray scanners or visual inspection and be subject to continuous security surveillance until they are brought on board; When they are took off the aircraft, objects must be checked and compared in terms of quantity and types.

5. Vietnam’s airlines operating dignitary’s flights shall cooperate with the Guards Command - Ministry of Public Security and relative units in carrying out suitable security inspection and supervision of aircraft, people, luggage and goods of dignitary’s flights on private aircraft when they are in foreign countries.

Article 35. Ensuring security of dignitary’s flights on private aircraft operated by foreign airlines departing from or arriving in Vietnam

1. For a dignitary’s flight on a private aircraft operated by a foreign airline departing from or arriving in Vietnam, aviation security forces are not responsible for conducting security inspections of all people, luggage, goods and objects of the passengers on the dignitary’s flight on private aircraft at its airport; cooperate with security forces of the group in escorting consignments and goods from security inspection locations to the aircraft.

2. If a foreign party sends a diplomatic note to CAAV or a Vietnamese governing body of welcoming or farewelling or the Ministry of Foreign Affairs has a written request for exemption from aviation security inspection, CAAV shall send a written request for compliance with the diplomatic note to the aviation security force at the airport/aerodrome and an official dispatch on request for exemption from aviation security inspection of people, luggage and goods of the group of passengers served on the dignitary's flight on private aircraft and report them to the Airport Authority for inspection and supervision.

3. The official dispatch and the diplomatic note on request for exemption from aviation security inspection of the dignitary's flight on private aircraft must include the aircraft type, flight number, taking-off and landing time and locations and a commitment on “Chúng tôi cam kết sẽ chịu hoàn toàn trách nhiệm về an ninh, an toàn hàng không đối với chuyến bay chuyên cơ” (“we hereby commit to take full responsibility for aviation security and safety of the dignitary's flight on private aircraft”)

4. The official dispatch and the diplomatic note on request for exemption from aviation security inspection of the dignitary's flight on commercial aircraft must include the aircraft type, flight number, taking-off and landing time and locations and a commitment on “Chúng tôi cam kết sẽ đề nghị người được miễn kiểm tra an ninh hàng không không mang theo bất cứ vật, chất cấm lên tàu bay theo quy định của pháp luật Việt Nam và chịu trách nhiệm về cam kết này” (“we hereby commit to request the person who is exempted from the aviation security inspection to not carry any objects or substances forbidden on board in accordance with the Vietnamese laws and take responsibility for such commitment”).

...

...

...

Article 36. Standards and procedures for serving dignitary’s flights on private aircraft operated by foreign airlines departing from or arriving in Vietnam

Standards and procedures for serving dignitary's flights on private aircraft operated by Vietnam's airlines shall be applicable to dignitary's flights on private aircraft operated by foreign airlines departing from or arriving in Vietnam, except for regulations in Articles 4, 5, 6, 10, 11, 12, 15, 17, 18, 20, 21, 22, 23, 30, 31 and clause 5 Article 34 hereof.

Chapter IV

RESPONSIBILITIES OF RELATED AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 37. Responsibilities of CAAV

1. Accept and implement notifications of dignitary’s flights operated by Vietnam’s airlines and dignitary’s flights on private aircraft operated by foreign airlines.

2. Direct and supervise agencies and units of the aviation sector to operate dignitary’s flights, implement safety and security measures for dignitary’s flights; implement documents on the exemption from security inspection of cases prescribed in clause 2 Article 35 hereof; urge and monitor the preparation of serving dignitary’s flights; cooperate in handing abnormal situations during the period of serving dignitary’s flights.

3. Grant long-term ASICs to people regularly serving dignitary’s flights as prescribed; inform card templates or pins of officials and soldiers of the Guards Command - Ministry of Public Security used in the period of serving and ensuring security of dignitary’s flights; card templates and lists of entities eligible for using cards granted by the Guards Command - Ministry of Public Security and directly participating in serving international events at airports.

Article 38. Responsibilities of Airport Authorities

...

...

...

2. Organize implementation of the assurance of dignitary’s flights for state regulatory authorities, and aviation service providers operating at airports/aerodromes that have dignitary’s flights; cooperate with related agencies and organizations in providing the assurance of dignitary’s flights.

3. Organize the direct supervision of performing tasks for dignitary’s flights, the compliance with technical standards, assurance about safety and security of dignitary’s flights of organizations and individuals at airports under their management.

Article 39. Responsibilities of airport operators at airports or aerodromes where private aircrafts used for dignitary’s flights take off or land

1. Develop procedures for serving dignitary’s flights in the airport operations manual and report CAAV.

2. Determine aprons, stands, guest houses to serve dignitary’s flights; take charge and cooperate with aviation service providers at the airports/ aerodromes in serving dignitary’s flights operated by Vietnam’s airlines and foreign airlines; arrange guards for such flights and preside over cooperation in guarding and protecting private aircraft used for dignitary's flights.

3. Inspect runways, taxiways and aprons; Save certificates of completion of fuel and fuel sample quality inspection until the private aircraft used for dignitary’s flights lands safely at arrival airports.

4. Notify the restriction of operation at airports while having dignitary's flights on private aircraft operating; promptly notify agencies and units according to regulations in clause 2 Article 24 of this Circular in case of the estimated time of landing/taking off of the private aircraft used for dignitary’s flights (calculated by the departure/arrival airports based on estimated time of operation (ETO)) is within 10 minutes different from ETO specified in the flight plan.

5. Preside over assurance about the safety of fire and explosion prevention and control for the aircraft used for dignitary’s flights, entities eligible to be served on dignitary’s flights on private aircraft operated by Vietnam’s airlines and foreign airlines, high-ranking Vietnamese delegations and high-ranking foreign delegations accompanying such dignitaries on dignitary’s flights on private aircraft to and from Vietnam as well as luggage and goods in the aerodrome; cooperate in ensuring the security of dignitary's flights.

6. Enable private aircraft service and preparation divisions to perform their tasks and ensure estimated time for taking off and landing of private aircraft used for dignitary’s flights.

...

...

...

8. For dignitary’s flights on private aircraft operated by foreign airlines, airport/aerodrome operators shall cooperate with related agencies of the Ministry of Foreign Affairs and the Ministry of Public Security in strengthening security and safety for aircraft and entities eligible to be served on dignitary’s flights on private aircraft operated by foreign airlines at Vietnam's airports at the requests of foreign agencies.

9. Ensure security for private aircraft used for dignitary’s flights, passengers served on the aircraft, cargo and luggage of passengers served on the aircraft at airports/aerodromes.

Article 40. Responsibilities of Vietnam’s airlines

1. Receive and perform tasks in assurance of dignitary’s flights.

2. Make plans for serving dignitary's flights on private aircraft including: determine private aircraft and backup aircraft used for dignitary's flights, airways, list of nations requesting the approval for flying over/flying to points of departure and arrival of other nations, details related to the operation and technical assurance, and notify them to CAAV.

3. Organize operations of ad hoc dignitary's flights on private aircraft that occur outside of the periods specified in Clause 3 Article 7 and Clause 3 Article 10 of Decree No.  96/2021/ND-CP in accordance with regulations on aircraft, engines and flight crew of dignitary's flights on private aircraft, and send reports to CAAV as soon as possible.

4. Ask permission for domestic dignitary’s flights on private aircraft operated by Vietnam’s airlines in accordance with applicable regulations. Cooperate with the Consular Department - Ministry of Foreign Affairs in asking permission for domestic dignitary’s flights on private aircraft operated by Vietnam’s airlines to foreign countries.

5. Prepare procedures for serving, arrange seats, separate ordinary passengers and dignitary passengers, notify the Office of the Party Central Committee, the Office of the National Assembly, the Office of the President, the Office of the Government, the Foreign Affairs Committee of the Party Central Committee, the State Protocol Department, CAAV and organize the implementation.

6. Take charge and cooperate with agencies and units related to dignitary’s flights on private aircraft in ensuring the safety, security and scheduled time for landing/taking off private aircraft used for dignitary’s flights operated by Vietnam’s airlines during the performance of tasks; strictly cooperate with the Office of the Party Central Committee, the Office of the National Assembly, the Office of the President, the Office of the Government, the Foreign Affairs Committee of the Party Central Committee, the State Protocol Department - Ministry of Foreign Affairs and preparation units in making plans for serving flights at foreign airports.

...

...

...

8. Cooperate in ensuring the safety and security of cargo, luggage, documents and assets of dignitaries on private aircraft.

9. Cooperate with Guards Command of the Ministry of Public Security in ensuring the safety of the private aircraft used for dignitary’s flights, dignitaries served on such private aircraft, cargo and luggage of dignitaries on such private aircraft in foreign countries.

10. For dignitary’s flights on commercial aircraft, Vietnam’s airlines shall be responsible for the cooperation with relevant agencies and units in implementing effective measures to minimize the risk of insecurity for dignitary passengers on the commercial aircraft; avoidance of transporting special passengers according to regulations on assurance about aviation security on commercial flights.

Article 41. Responsibilities of air traffic assurance providers

1. Cooperate with air traffic operators and airspace management agency of the military in operating flights.

2. Cooperate in implementing regulations on restriction on operation at airports and aerodromes.  

3. Ensure separation between private aircraft used for dignitary’s flights and other aircraft, flight corridors, communication methods during the operation of dignitary’s flights on private aircraft.

4. Ensure the continuous working mode of air traffic control devices during the entire operation of dignitary’s flights on private aircraft.

5. Check the system of air traffic assurance equipment for dignitary’s flights.

...

...

...

Article 42. Responsibilities of relative organizations and individuals

1. Fully comply with regulations on assurance of dignitary’s flights at airports and aerodromes.

2. Cooperate in implementing the requirements of agencies and units responsible for assurance of dignitary’s flights.

Chapter V

IMPLEMENTATION CLAUSES

Article 43. Effect

1. This Circular comes into force from December 15, 2022.

2. This Circular replaces Circular No. 28/2010/TT-BGTVT dated September 13, 2010 of the Minister of Transport elaborating the assurance of dignitary's flights on private aircraft and Circular No. 53/2015/TT-BGTVT dated September 24, 2015 of the Minister of Transport amending certain Articles of Circular No. 28/2010/TT-BGTVT dated September 13, 2010 of the Minister of Transport elaborating the assurance of dignitary’s flights on private aircraft. 

3. In case the documents referred to this Circular are amended or replaced, the revised documents shall be applied.

...

...

...

Chief of the Ministry Office, Chief Inspector of the Ministry, Director Generals of Departments, Director General of CAAV, Heads of relevant agencies, organizations and individuals are responsible for the implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER




Le Anh Tuan