Circular 35/2021/TT-BGTVT amendments to some articles of Circular 10/2018/TT-BGTVT

• Official number: 35/2021/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Le Anh Tuan
• Issued Date: 17/12/2021

MINISTRY OF TRANSPORT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 35/2021/TT-BGTVT	Hanoi, December 17, 2021

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF THE CIRCULAR NO. 10/2018/TT-BGTVT DATED MARCH 14, 2018 OF THE MINISTER OF TRANSPORT ON AVIATION STAFF; AVIATION STAFF TRAINING AND ASSESSMENT

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

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on business lines subject to conditions in the civil aviation industry;

Pursuant to the Government’s Decree No. 89/2019/ND-CP dated November 15, 2019 on amendments to some Articles of the Government’s Decree No. 92/2016/ND-CP dated July 01, 2016 on conditional business lines in the civil aviation industry and Government’s Decree No. 30/2013/ND-CP dated April 08, 2013 on air transport business and general aviation activities;

At the request of the Director General of the Department of Traffic Safety and the Director General of the Civil Aviation Authority of Vietnam,

The Minister of Transport hereby promulgates a Circular on amendments to some Articles of the Circular No. 10/2018/TT-BGTVT dated March 14, 2018 of the Minister of Transport on aviation staff; aviation staff training and assessment.

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1. Clause 8 is amended and Clauses 10 and 11 are added to Article 4 as follows:

a) Clause 8 of Article 4 is amended as follows:

8. “aviation staff training institution” (hereinafter referred to as “training institution”) means an institution that is eligible for providing aviation staff training as prescribed by law.”.

b) Clause 10 is added to Article 4 as follows:

“10. “online training” means a form of aviation staff training provided via online training software and information technology infrastructure on the Internet.”.

c) Clause 11 is added to Article 4 as follows:

“11. “online training materials” include textbooks, teaching materials, references or assessment tests presented in the form of slideshows, images, videos and applications involving direct interaction between teachers and learners.”.

2. Article 5 is amended as follows:

“Article 5. Teaching time, conversion of teaching time

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2. Conversion of teaching time: 45 minutes in reality are considered 01 (one) theory lesson, 60 minutes in reality are considered 01 (one) practice lesson.”.

3. Clause 1 of Article 6 is amended as follows:

“1. Flight crew members, including captain, first officer and other aviation staff appropriate to the type of aircraft.”

4. Clause 3 of Article 7 is amended as follows:

“3. Aircraft ground handling staff shall perform one or more following tasks: supervising, coordinating or servicing passengers, baggage, cargo and aircrafts at airports, aerodromes and aviation service providers beyond the boundary of the airport and aerodromes issued with a license by the Civil Aviation Authority of Vietnam.”.

5. Clause 1 of Article 10 is amended as follows:

“1. The aviation staff license will be issued to an individual if he/she satisfies the regulations specified in Article 8 of this Circular and passes the assessment test to be issued with the aviation staff license and rating by the Civil Aviation Authority of Vietnam.”.

6. Article 15 is amended as follows:

“Article 15. Online training of aviation staff

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2. Contents of online training shall be consistent with those of training programs prescribed in Article 12 and Clause 1 Article 21 of this Circular.

3. Training materials shall be designed according to the aviation staff training programs prescribed in Article 12 and Clause 1 Article 21 of this Circular.

4. Online training software provides classes online through video, audio and text channels (computer and electronic device screen sharing) and has the following functions:

a) Assist teachers in giving lectures, storing and transferring online training materials to learners; supervising, testing and assessing learners’ learning results; supervising and supporting students to exploit learning contents from online training materials; providing advice, supporting, answering questions of learners during the learning process;

b) Assist learners in accessing and exploiting learning contents from online training materials; conducting learning activities and taking tests as requested by teachers; raising questions and answering questions of teachers and other learners during the learning process;

c) Allow training institutions to manage learning records, progress and results of learners and teaching activities of teachers; assist in the management of other information at the request of training institutions and regulatory bodies agencies in charge of aviation staff training.

5. Information technology infrastructure servicing management and provision of online training must meet the following requirements:

a) The Internet connection must meet users’ access needs and network congestion or overload must be avoided;

b) Connecting devices, computers and terminal equipment must have suitable configurations to install online training software;

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6. Testing, assessment of online training results:

a) Testing, assessment of online training results of learners shall be carried out directly at training institutions. If a learner is not able to come to the training institution at the time of testing or assessment of training results due to force majeure, natural disaster or epidemic, the testing or assessment of training results shall be carried out online;

b) The online testing and assessment of online training results shall be carried out in a accurate, fair and objective manner.

7. Online training records managed and archived by a training institution include:

a) Records related to the contents specified in Clauses 3 and 6 of this Article;

b) Online training data on the online training system;

c) Plans for provision of online training at the training institution by classes and subjects;

d) Files on testing and assessment of learning process and training results of learners.”.

7. Clauses 6 and 7 are added to Article 17 as follows:

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7. Make assessment records using the form in the Appendix 06 hereof.”.

8. Article 18 is amended as follows:

“Article 18. Tasks of assessment teams

1. Design theory and practice tests, answer keys and grading scale in an appropriate manner and report them to the assessment council.

2. Inspect assessment facilities and equipment and locations of assessment, implement plans to ensure safety during assessment process.

3. Request candidates to abide by the test rules; do not allow unauthorized persons to enter the theory and practice test rooms.

4. Make records of and impose penalties for violations against regulations within their jurisdiction or notify the assessment council.

5. Conduct assessment, consolidate assessment results and evaluate the assessment period for reporting to the assessment council.

6. Every assessor shall take responsibility for assessment results as assigned by the assessment team. The leader of the assessment team shall be responsible for assessment results and reporting such results to the assessment council.”.

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a) Clause 2 of Article 20 is amended as follows:

“2. Design and promulgate training textbooks in compliance with Clause 2 Article 12 and Clause 1 Article 21 of this Circular; decide on the face-to-face or online training.”.

b) Clause 5 of Article 20 is amended as follows:

“5. An aviation staff training report shall be reported to the Civil Aviation Authority of Vietnam. To be specific:

a) Title of the report: Aviation staff training report;

b) Contents of the report: contents related to aviation staff training specified in the Appendices 07, 07A and 07B;

c) Methods of sending and receiving reports: Periodical reports are presented in either documentary or electronic form, and sent by employing one of the following methods: in person; by post or another method prescribed by law;

d) Reporting frequency: every year;

dd) Submission deadline: before December 20 every year;

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g) Sample report layout: According to the Appendices 07, 07A and 07B enclosed herewith.”.

Article 2. Addition and replacement of several Appendices enclosed with the Circular No. 10/2018/TT-BGTVT dated March 14, 2018 of the Minister of Transport on aviation staff; aviation staff training and assessment.

1. The Appendix 03 is replaced with the Appendix I enclosed herewith.

2. The Appendix 04 is replaced with the Appendix II enclosed herewith.

3. The Appendix 05 is replaced with the Appendix III enclosed herewith.

4. The Appendix 06 which is the Appendix IV enclosed herewith is added to the Circular No. 10/2018/TT-BGTVT dated March 14, 2018.

5. The Appendix 07 which is the Appendix V enclosed herewith is added to the Circular No. 10/2018/TT-BGTVT dated March 14, 2018.

6. The Appendix 07A which is the Appendix VI enclosed herewith is added to the Circular No. 10/2018/TT-BGTVT dated March 14, 2018.

7. The Appendix 07B which is the Appendix VII enclosed herewith is added to the Circular No. 10/2018/TT-BGTVT dated March 14, 2018.

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1. This Circular comes into force from February 02, 2022.

2. Training courses running before the effective date of this Circular shall keep running until their completion.

3. The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors General, the Director General of the Civil Aviation Authority of Vietnam, heads of agencies and organizations, and individuals concerned are responsible for the implementation of this Circular./.

PP. THE MINISTER
THE DEPUTY MINISTER




Le Anh Tuan