Circular No. 61/2011/TT-BGTVT of December 21, 2011, on aviation staff, aviation training institutions, and the basis for assessing the English proficiency of aviation staff

• Official number: 61/2011/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 21/12/2011

THE MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 61/2011/TT-BGTVT	Hanoi, December 21, 2011

CIRCULAR

ON AVIATION STAFF, AVIATION TRAINING INSTITUTIONS, AND THE BASIS FOR ASSESSING THE ENGLISH PROFICIENCY OF AVIATION STAFF

THE MINISTER OF TRANSPORT

Pursuant to the Law on Civil aviation of Vietnam dated June 29^th 2006;

Pursuant to the Government's Decree No. 51/2008/NĐ-CP dated April 22^nd 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

The Minister of Transport promulgates a Circular on aviation staff, aviation training institutions, and the basis for assessing the English proficiency of aviation staff as follows:

Chapter 1.

GENERAL PROVISIONS

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This Circular deals with the job titles, tasks, and standards of aviation staff; the procedure for licensing aviation staff; the procedure for issuing the certificate of qualified aviation training institution, and the certificate of eligibility for assessing English proficiency of aviation staff.

Article 2. Subjects of application

This Circular is applicable to the organizations and individuals relevant to aviation staff, aviation training institutions, and the basis for assessing the English proficiency of aviation staff.

Chapter 2.

JOB TITLES, TASKS, LICENSES AND QUALIFICATIONS OF AVIATION STAFF

Article 3. Job titles of aviation staff

1. Pilot

2. Flight instructor

3. Flight attendant

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5. Air traffic controller.

6. Airport announcer.

7. Communications, Navigation and Surveillance staff

8. Aviation meteorologist

9. Flight coordinator.

10. Civil aviation planner.

11. Aviation search and rescue staff.

12. Operator of aviation instruments in restricted area of airports.

13. Aviation security staff.

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Article 4. The tasks of aviation jobs

1. Pilots shall control the plane and ensure the safety of the flight as prescribed in specialized law documents on aviation and airplanes.

2. Flight instructors shall teach trainee to fly airplanes as prescribed in specialized law documents on aviation and airplanes.

3. Flight attendants shall ensure the safety for passengers during the flight, serve on airplanes under the appointment by the flight coordinator or the pilot in accordance with the specialized law documents on flight coordination and airplanes.

4. Airplane maintenance staff shall maintain, repair airplanes and parts thereof as prescribed in specialized law documents on maintaining, repairing airplanes and parts thereof.

5. Air traffic controllers shall perform the following tasks: ground controllers, airport controllers, approach controller; en-route controllers; flight announcement; air traffic advising; alarm, and other tasks prescribed in specialized law documents on air traffic control.

6. Airport announcers shall collect, process, and provide aviation information for domestic and foreign organizations and individuals, and perform other tasks prescribed in specialized law documents on aviation information.

7. The Communications, Navigation and Surveillance staff shall use, maintain, repair the Aeronautical Fixed Telecommunication Network (AFTN), High-frequencies Air/Ground radio equipment, Very-high-frequency radio equipment, Voice Communication Control Systems (VCCS), the recorders; the VHF omnidirectional radio range (VOR), the Distance measuring equipment (DME), the Non-directional beacon (NDB), the instrument landing system (ILS/DME/Marker); the perimeter surveillance radar (PSR), the secondary surveillance radar, the flight data processing system, the radar data processing system; the power supply and signal lights at the airports, testing, adjusting the CNS equipment, and the flight plan.

8. Aviation meteorologist shall use, maintain, repair the meteorological devices; collect, analyze, process the meteorological data, make weather forecasts; provide meteorological information to organizations and individuals relevant to the flights, and perform other tasks prescribed in specialized law documents on meteorology and aviation.

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10. Civil flight designer shall design the civil flights and perform other tasks prescribed in specialized law documents on designing civil flights.

11. Aviation search and rescue staff shall perform the tasks of searching and rescuing, cooperate with relevant agencies in searching and rescuing, and perform other tasks prescribed in specialized law documents on designing civil flights.

12. Operator of aviation instruments working in restricted areas of airports shall control, operate the aviation instruments in restricted areas of airports as prescribed in specialized law documents on using airports.

13. Aviation security staff shall inspect and supervise the aviation security in restricted areas of airports; maintain the supplies in public areas of airports; patrol and guard the perimeter of airports and restricted areas of airports, of airplanes parking at airports, ensure the security on the flights, and perform other tasks prescribed in specialized law documents on aviation security.

14. the ground crew shall supervise the flight services, inspect and carry out the procedures for transporting the passengers, luggage, and goods at airports, balance the load of airplanes; check the dangerous goods before putting on airplanes; clean the airplanes; instruct the loading and unloading of luggage and goods, and perform other tasks as prescribed in relevant law documents.

Article 5. Standards of aviation staff

1. Having appropriate qualifications of aviation staff.

2. Having completed one of the appropriate aviation training program at an aviation training institution as prescribed in Point a and b Clause 1 Article 6 of this Circular.

3. Satisfying the requirements of professional skills, health, ages, training period as prescribed in the specialized law documents on aviation.

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1. The qualifications of aviation staff prescribed in this Circular is one of the following:

a) The qualification or certificate of completing a basic aviation training program from a training institution in Vietnam according to the national education system;

b) The certificate of completing a basic aviation training program at an aviation training institution which is issued with the certificate of eligibility for training aviation staff by the Civil Aviation Authority of Vietnam;

c) The certificate of completing a basic aviation training program at a training institution being an official member of TRAINAIR of the International Civil Aviation organization (ICAO); the International Air Transport Association; the equipment producers; the aviation training institutions accredited by the Civil Aviation Authority of Vietnam as prescribed in Article 23 of this Circular, and other law documents on aviation.

2. The qualifications of aviation staff prescribed in Point c Clause 1 this Article are only recognized in Vietnam when the qualification holders are provided with additional training in the contents that have not been trained according to the basing aviation training program, prescribed in Point a Clause 1 Article 18 of this of this Circular, at the training institutions which is issued with the certificate of eligibility for training aviation staff by the Civil Aviation Authority of Vietnam.

Article 7. Licenses of aviation staff

1. The following job titles must have licenses when performing their tasks

The job titles prescribed in Clause 1, 2, 4, 5, 6, 8, 9, 10, 12 and 13 Article 3 of this Circular;

b) The Communications, Navigation and Surveillance (CNS)staff prescribed in Clause 7 Article 3 of this Circular, when using, maintaining, repairing the Aeronautical Fixed Telecommunication Network (AFTN), High-frequencies Air/Ground radio equipment, Very-high-frequency radio equipment, Voice Communication Control Systems (VCCS), the recorders; the VHF omnidirectional radio range (VOR), the Distance measuring equipment (DME), the Non-directional beacon (NDB),  the instrument landing system (ILS/DME/Marker); the perimeter surveillance radar (PSR), the secondary surveillance radar, the flight data processing system, the radar data processing system; the power supply and signal lights at the airports, testing, adjusting the CNS equipment, and the flight plan.

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a) Meet the standards prescribed in Article 5 of this Circular;

b) Take and pass the test on professional skills of the Civil Aviation Authority of Vietnam;

c) Satisfy the requirements prescribed in the specialized law documents on aviation.

3. The aviation staff License contains:

a) The official name of the Socialist Republic of Vietnam;

b) The issuer

c) The License name;

d) The License number;

dd) The date of issue and validity period of the License;

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g) The rights and obligations of the licensee;

h) The certificate of proficiency;

i) The signature of the licensee and the stamp of the licensing agency;

k) Other requirements prescribed in the law documents on aviation.

4. The aviation staff not being regulated in Clause 1 this Article must have qualifications when performing their tasks as prescribed in Clause 1 Article 6 of this Circular.

Article 8. Procedure for issuing and certifying aviation staff licenses

1. The applicant for issuing or certifying the aviation staff license shall send 01 dossier directly or by post to the Civil Aviation Authority of Vietnam, including:

a) The application for issuing or certifying the aviation staff license according to the form in Annex I enclosed with this Circular (applicable to applicants being individuals not belonging to an organization). The application for issuing or certifying the aviation staff license according to the form in Annex Ia enclosed with the recommended list according to the form in Annex Ib enclosed this Circular (applicable to applicants being organizations).

b) The copy of an appropriate qualification;

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d) The written certification of the proficiency training prescribed in Clause 2 Article 5 of this Circular;

dd) Other documents prescribed in the other law documents on aviation.

2. Within 30 days as from receiving the complete dossier, the Civil Aviation Authority of Vietnam shall organize the test and issue or certify the aviation staff licenses.

3. If the dossier is not complete as prescribed, within 03 working days as from the day of receiving the dossier directly or the date on the postal package, the Civil Aviation Authority of Vietnam must notify the insufficient information to the applicant and request them to complete the dossier. If the test or the issue of aviation staff license is refused, the Civil Aviation Authority of Vietnam must notify the applicant and provide the explanation.

Article 9. Period and validity of the aviation staff license

1. A aviation staff license is valid for 07 years, unless otherwise prescribed by law documents on aviation.

2. For the jobs that require unexpired certificates of proficiency, the license is only valid when the certificate of proficiency is unexpired.

Article 10. Procedure for reissuing aviation staff licenses

1. The license is reissued when the it is expired, lost, or damaged.

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a) The application for reissuing the aviation staff license according to the form in Annex II enclosed with this Circular (applicable to applicants being individuals not belonging to an organization). The application for reissuing the aviation staff license according to the form in Annex IIa enclosed with the recommended list according to the form in Annex IIb enclosed with this Circular (applicable to applicants being organizations).

b) The original license (unless the license is expired or damaged);

c) 02 color picture (3 x 4 cm) taken within 06 months in the form of that on the ID card.

3. If the license is lost or damaged, within 10 days as from receiving the complete dossier, the Civil Aviation Authority of Vietnam shall issue the license to the applicant, or make a written refusal and specify the reason.

4. If the license is expired, within 20 days as from receiving the complete dossier, the Civil Aviation Authority of Vietnam shall issue the license to the applicant, or make a written refusal and specify the reason.

Article 11. Certificate of proficiency and the validity period thereof

1. A certificate of proficiency is a certification that the capability of the aviation staff satisfies the requirements for performing their tasks according to the job title in their aviation staff license. The list of certificates of aviation staff is prescribed in Annex III promulgated together with this Circular.

2. The validity period of the certificate of proficiency is the validity period of the license, except for the cases specified in other law documents on aviation.

3. The first certificate of proficiency is issued together with the aviation staff license prescribed in Article 8 of this Circular. The dossier of application for the certificate of proficiency is also the dossier of application for the license.

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1. Article 12. Procedure for reissuing, supplementing, or restoring the certificate of proficiency:

a) The application for reissuing, supplementing, or restoring the certificate of proficiency in accordance with the form in Annex IV enclosed with this Circular (applicable to applicants being individuals not belonging to an organization). The application for reissuing, supplementing, or restoring the certificate of proficiency in accordance with the form in Annex Ia enclosed with the recommended list in accordance with the form in Annex IVb enclosed this Circular (applicable to applicants being organizations).

b) The copy of the proficiency training result that suit the reissued or restored certificate of proficiency;

c) The copy of a qualification that suit the supplementary certificate of proficiency;

d) The original aviation staff license;

dd) Other documents prescribed in the other law documents on aviation.

2. Within 20 days as from receiving the complete dossier, the Civil Aviation Authority of Vietnam shall organize the test and reissue, supplement, or restore the certificate of proficiency, or make a written refusal and specify the reason.

3. While pending for the reissue or restoration of the certificate of proficiency, the aviation may perform the tasks according to the unexpired certificates of proficiency without presenting the aviation staff license.

4. Other reissue, supplementation, and restoration of certificates of proficiency prescribed in other law documents on aviation must comply with such documents.

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1. The aviation staff license shall be revoked in the following cases:

a) The licensee no longer satisfies the conditions for licensing;

b) The license is falsified;

c) The licensee use the license for inappropriate purposes;

d) The licensee commit violations that threaten the aviation safety and security;

dd) The licensee use drugs or is liable to criminal prosecution.

2. The authority to revoke licenses

The agency authorized to issue the licenses is also entitled to revoke them.

Article 14. The inspectorate

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2. The Inspectorate shall formulate their internal regulation, the inspection content, the questions and answers, then submit them to the Director of the Civil Aviation Authority of Vietnam for approval.

3. The Inspectorate under the majority rule; its meeting must be attended by at least two third of the members; the conclusion of the Inspectorate is valid when at least 70% of the present members agree.

4. The inspectorate may employ proficient officers and employees from the units that have the inspected employees to assist them in carrying out the test.

Chapter 3.

AVIATION TRAINING INSTITUTIONS IN VIETNAM

Article 15. General requirements of aviation training institutions

1. The organizational structure, the board of managers, and the system of training documents are appropriate.

2. The classrooms, equipment, and the workshops suit the training purposes and training programs, and satisfy the requirements.

3. The teaching staff is suitable for the trained majors and satisfy the requirements.

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5. The training program is appropriate and satisfy the requirements.

6. Satisfy the requirements prescribed by laws on civil aviation, education, and vocational training.

Article 16. The minimum requirements of classrooms, equipment, and workshops of aviation training institutions.

1. The area, light, space, audio and visual equipment, and other equipment serving the training of the classrooms must be adequate.

2. The area and space of the workshops must suit the machinery and equipment therein, and ensure the minimum conditions in accordance with the State’s regulations on vocational training institutions.

3. The books, textbooks, and documents in the library must be sufficiency for studying and teaching.

4. The specialized teaching and training equipment serving some specialties must satisfy the following requirements:

a) For pilot training, the flight instructor must have a training airplane and a flight simulator; the airplane workshop; the equipment for testing pilots, training physical strength, and other equipment as prescribed by law documents relevant to training pilots and flight instructors;

b) The training for flight attendants: having a model of plane cabin with the system of security, safety, emergency, oxygen, and other instruments serving the passengers that are licensed or approved by the Civil Aviation Authority of Vietnam, and other equipment prescribed in specialized law documents on training flight attendants.

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d) For training air traffic controllers: having a simulation training system for air traffic controllers (except for the employees that carry out flight procedures) that suit the training program, and other equipment prescribed in specialized law documents relevant to the training of air traffic controllers;

dd) For training Communications, Navigation and Surveillance staff: having the practicing equipment that suit the training program, and other equipment prescribed in specialized law documents on training Communications, Navigation and Surveillance staff;

e) For training aviation security staff: having equipment or simulators and software to teach how to scan passengers, luggage, goods; the weapons, gadgets, dangerous items; the practicing room must have teaching materials suitable for the training program, and other equipment prescribed in specialized law documents on training aviation security staff;

dd) For training airport announcers: having the system of information and data that suit the training program;  the practicing equipment suitable for the training program, and other equipment prescribed in the law documents on training airport announcers;

h) For training aviation meteorologists: having the equipment and system of information and data suitable for the training program, and other equipment prescribed in the law documents on training aviation meteorologists;

i) For training flight coordinators: having documents about the features and specifications of the airplanes being used, the flight coordination software; the equipment for practicing and the information system suitable for the training program, and other documents that suit the requirements of ICAO;

k) For training operator of aviation instruments in restricted areas of airports: having equipment and instruments for practicing, the training yard, instruction documents that suit the training program, and other documents prescribed in specialized law documents on using airports.

l) For training ground crew: having the equipment, documents, information system, and software suitable for the training program, and other equipment prescribed in relevant law documents;

m) For training civil flight designer: having a process of designing flights, aviation map; information system, and equipment serving the design that suit the training program, and other documents prescribed in specialized law documents on designing civil flights and relevant requirements of ICAO;

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Article 17. Teachers of aviation training institutions

1. The aviation training institutions must have adequate teachers teaching theory and practice. Each aviation subject must be taught by at least one teacher. The training institutions may employ professional teachers, part-time teachers, and visiting aviation teachers. The quantity of visiting aviation teachers must not exceed 50% of the total aviation teachers of the institution.

2. Standards of aviation teachers

a) Satisfy the requirements prescribed by laws on education and vocational training. Professional and part-time teachers must have pedagogy certificates;

b) Satisfy the requirements prescribed in corresponding specialized law documents on aviation;

c) Have relevant qualifications or at least 5-year experience in a relevant discipline.

Article 18. Aviation training programs

1. The aviation training programs include:

a) Training programs for issuing qualifications to aviation staff in accordance with the form in Annex V enclosed with this Circular;

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b) Proficiency training for aviation staff;

d) Acquaintance training programs (for air traffic controllers);

dd) Program for complementing, updating, and improving aviation knowledge and skills.

2. The training programs prescribed in Point a, b Clause 1 this Article must be approved by the Civil Aviation Authority of Vietnam; the applicant for the approval shall send 01 dossier directly or by post to the Civil Aviation Authority of Vietnam. The dossier includes:

a) The written application for approving the aviation training program in accordance with the form in Annex VI enclosed with this Circular;

b) The documents to be approved.

3. Within 30 days as from receiving the complete dossier, the Civil Aviation Authority of Vietnam shall examine it and request the applicant to provide explanation, additional documents, adjust the documents and the program; then issue the written approval or refusal attached to the explanation.

4. The programs prescribed in Point d and dd Clause 1 this Article shall be approved by the training institutions.

Article 19. Teachers and documents of aviation training institutions

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2. The textbook assessment council of an aviation training institution is established by its director and must suit the corresponding aviation disciplines. The composition of the textbook assessment council includes the representative of the institution managers and the theoretical and practical experts that have at least 5 years of experience in such disciplines.

Article 20. The certificate of eligibility for training aviation staff, and the validity period thereof

1. Aviation training institutions must be issued with the certificate of eligibility for training aviation staff by the Civil Aviation Authority of Vietnam.

2. The form of the certificate of eligibility for training aviation staff is provided in Annex VII enclosed with this Circular.

3. The certificate of eligibility for training aviation staff takes effect on the date of its signing and expires in the following cases:

a) At the request of the licensee;

b) The certificate is revoked as prescribed in Article 24 of this Circular.

Article 21. The procedure for issuing the certificate of eligibility for training aviation staff

1. The aviation training institution shall send 01 dossier directly or by post to the Civil Aviation Authority of Vietnam, including. The dossier includes:

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b) The photocopy of the Establishment Decision of the institution or the Certificate of Enterprise registration  or the equivalent issued by competent agencies as prescribed by law;

c) The aviation training programs approved or accredited by the Civil Aviation Authority of Vietnam;

d) The list of professional teachers and part-time teachers enclosed with their qualifications, certificates, and the sheets of works experience;

dd) The plan for visiting teachers enclosed with the copy of the agreements between the institution and them or their managing organization;

e) The report on the facilities: classrooms, equipment, and workshops in accordance with the training program;

g) The report on the textbooks and teaching material for theory and practice of each subject;

h) The report on the organizational structure, the managerial staff, and the system of documents about aviation training; the form of qualification provided in Annex IX enclosed with this Circular.

2. Within 45 days as from receiving the complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall appraise the dossier, carry out on-the-spot inspection, request the applicant to provide additional explanation for relevant content, adjust the documents; issue the certificate of eligibility for training aviation staff or refuse the issue and provide explanation.

3. The on-the-spot inspection of the training institution is carried out in accordance with the Note of inspection of aviation training institution, provided in Annex X enclosed with this Circular.

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5. The procedure for issuing the certificate of eligibility for training aviation staff shall comply with the regulations in other law documents on aviation.

Article 22. Reissuing, amending, and supplementing the certificate of eligibility for training aviation staff

1. The certificate is reissued when it is lost or damaged. The certificate is amended and supplemented it needs to be amended and supplemented.

2. The dossier of application for the reissue, amendment, or supplementation includes:

a) The written application for reissuing, amending, or reissuing the certificate of eligibility for training aviation staff in accordance with the form Annex VIII enclosed with this Circular, specifying the reasons;

b) The original certificate, unless it is lost;

c) The amendment and supplementation when amending or supplementing the certificate.

3. For the reissue of the lost or damaged certificate: within 03 days as from receiving the complete dossier , the Civil Aviation Authority of Vietnam shall reissue the certificate or refuse the reissue and provide explanation.

4. For the amendment and supplementation of the certificate: within 30 days as from receiving the complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall appraise the dossier, carry out on-the-spot inspection, request the applicant to provide additional explanation for relevant content, adjust the documents; amend or supplement the certificate, or refuse to amend and supplement the certificate, and provide explanation.

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1. The Civil Aviation Authority of Vietnam shall decide the accreditation for foreign aviation training institutions when they satisfy the conditions in Article 15, 16, 17, 18 and 19 of this Circular, and in other relevant law documents on aviation.

2. The procedure for accrediting aviation training institutions is similar to the procedure for issuing the certificate of eligibility for training aviation staff prescribed in Article 21 of this Circular, unless otherwise prescribed by other law documents on aviation.

Article 24. Revoking the certificate of eligibility for training aviation staff

1. The certificate is revoked in the following cases:

a) At the request of the institution issued with the certificate;

b) The institution issued with the certificate in dissolved;

c) The institution provide false information in the application;

d) The institution operates inconsistently with the purpose in the certificate;

dd) The institution commits violations of aviation safety and security;

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g) The certificate is falsified.

2. The authority to revoke the certificate

The agency authorized to issue the certificates is also entitled to revoke them.

Chapter 4.

BASIS FOR ASSESSING ENGLISH PROFICIENCY OF AVIATION STAFF

Article  25. English proficiency requirements applicable to aviation staff

1. The aviation staff using communication devices must reach the level 4 of English proficiency according to the rating scale of ICAO, including:

a) Pilots;

b) Air traffic controllers working as air traffic instructors, ground controllers at the airport; airport controller; approach controllers; approach radar controllers; area controllers. Area radar controllers; air traffic shift manager;

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2. Other aviation staff shall implement other relevant law documents on aviation.

3. The Civil Aviation Authority of Vietnam shall issue the certificate of eligibility for assessing English proficiency of aviation staff to the institutions that satisfy the conditions in Article 26 of this Circular.

4. The institution that assess the English proficiency of aviation staff shall write the result on the assessment note in accordance with the form provided in Annex XII enclosed with this Circular, and obtain the approval from the English assessment council of the institution. The result written on the note is the certification of the English proficiency of aviation staff.

5. The English assessment council is established by the head of the institution. The composition of the English assessment council comprises of the representative of the board of directors, the corresponding aviation experts, and at least 02 teachers that meet the standards prescribed in Clause 2 Article 26 of this Circular.

Article 26. The requirements of the institution that assess the English proficiency of aviation staff

1. Having an English proficiency assessment program according to the rating scale of ICAO, including:

a) The test method (direct or indirect test) that suit the profession of the tested persons;

b) A question bank that is suitable and eligible for assessing various level as prescribed by ICAO;

c) Grading the papers based on the criteria. Each paper must be graded by at least 02 teachers. The result of each criterion is the arithmetic mean, and written on the English assessment note, signed by the 02 teachers; the oral test must be recorded and kept;

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dd) The testing regulation: the testing order, testing process; testing time; regulations on testing rooms; equipment and materials of testing rooms; tasks and authority of contestants, examiners, invigilators; violations handling;

e) Announcing the test results, re-examination, and settling complaints;

g) The regime for keeping the testing documents, materials, and reports;

h) Other relevant contents.

2. Having teachers that satisfy one of the following requirements;

a) Being an expert in corresponding aviation discipline, having at least 5 years of experience, having an bachelor degree in English or the equivalent, having a certificate of aviation English examiner issued by a training institution accredited by the Civil Aviation Authority of Vietnam;

b) Being an English teacher that has at least 05 years of teaching in universities and colleges, having a certificate of aviation English at level 6 according to the rating scale of ICAO, or a certificate of aviation English examiner issued by a training institution accredited by the Civil Aviation Authority of Vietnam.

3. The assessment equipment and system must satisfy the following requirements:

a) The audio and video devices must work perfectly;

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c) The storage capacity of recorders must suit the test duration;

d) Other equipment prescribed in other law documents on testing and assessing English proficiency of aviation staff.

4. The overall score is the lowest score among average scores (column 4) of each criterion expressed in the assessment note. 1 copy of the result of the English proficiency assessment (written on the assessment note) shall be sent to the Civil Aviation Authority of Vietnam and written on the aviation staff license.

Article 27. The certificate of eligibility for assessing English proficiency of aviation staff, and the validity period thereof

1. The Civil Aviation Authority of Vietnam shall issue the certificate of eligibility for assessing English proficiency of aviation staff in Vietnam.

2. The form of the certificate of eligibility for assessing English proficiency of aviation staff is provided in Annex XII enclosed with this Circular.

3. The certificate of eligibility for assessing English proficiency of aviation staff takes effect on the date of its signing and expires in the following cases:

a) At the request of the institution issued with the certificate;

b) The certificate is revoked as prescribed in Article 31 of this Circular.

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1. The applicant for the certificate of eligibility for assessing English proficiency of aviation staff shall send 01 dossier directly or by post to the Civil Aviation Authority of Vietnam. The dossier includes:

a) The application for the certificate of eligibility for assessing English proficiency of aviation staff in accordance with the form provided in Annex VIII enclosed with this Circular;

b) The photocopy of the Establishment Decision or Certificate of business registration or the equivalent papers of the legal person issued by competent agencies as prescribed by law (applicable to applicants being legal persons). In case the institution that assesses the English proficiency of aviation staff is an organization belonging to a legal person, the Certificate of business registration or the equivalent papers of the legal person must be enclosed with a copy of the Establishment Decision of the institution that assess the English proficiency of aviation staff issued by the legal person;

c) The English proficiency assessment program prescribed in Clause 1 Article 26 of this Circular;

d) The list of qualified teachers prescribed in Clause 2 Article 26 of this Circular, enclosed with the copies of appropriate qualifications;

dd) The report on the facilities of the assessing institution: the assessment room; the assessment equipment;

e) The report on the organizational structure and the documents on the management of  the institution that assess English proficiency of aviation staff.

2. Within 30 days as from receiving the complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall appraise the dossier, carry out on-the-spot inspection, request the applicant to provide additional explanation for relevant content, adjust the documents; issue the certificate of eligibility for assessing English proficiency of aviation staff, or refuse the issue and provide explanation.

Article 29. Reissuing, amending, and supplementing the certificate of eligibility for assessing English proficiency of aviation staff

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2. The dossier of application for the reissue, amendment, or supplementation includes:

a) The application for the reissue, amendment, or supplementation provided in Annex XI enclosed with this Circular, specifying the reason;

b) The original certificate, unless it is lost;

c) The report on the operation of the institution and the maintenance of the conditions during the validity period of the certificate, when applying for reissuing an expired certificate, or amending and supplementing the certificate;

d) The amendment and supplementation when amending or supplementing the certificate.

3. When reissuing the certificate: within 07 days as from receiving the complete dossier , the Civil Aviation Authority of Vietnam shall reissue the certificate or refuse the reissue and provide explanation.

4. When amending and supplementing of the certificate: within 30 days as from receiving the complete dossier as prescribed, the Civil Aviation Authority of Vietnam shall examine the dossier, carry out on-the-spot inspection, request the applicant to provide additional explanation for relevant content, adjust the documents; amend or supplement the certificate, or refuse to amend and supplement the certificate, and provide explanation.

Article 30. Certifying the eligibility for assessing English proficiency of aviation staff

1. The Civil Aviation Authority of Vietnam shall decide the certification of the eligibility for assessing English proficiency of aviation staff when the conditions in Article 26 of this Circular, and in other relevant law documents on aviation, are satisfied

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Article 31. Revoking the certificate of eligibility for assessing English proficiency of aviation staff

1. The certificate is revoked in the following cases:

a) At the request of the institution issued with the certificate;

b) The institution issued with the certificate in dissolved;

c) The institution provide false information in the application;

d) The institution operates inconsistently with the purpose in the certificate;

dd) The institution commits violations of aviation safety and security;

e) The institution fails to sustain the conditions according to the issued certificate;

g) The certificate is falsified.

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The agency authorized to issue the certificates is also entitled to revoke them.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 32. Inspecting and supervising aviation staff, aviation training institutions, and the basis for assessing the English proficiency of aviation staff

1. The Civil Aviation Authority of Vietnam shall inspect and supervise the activities of aviation staff, ensure the standards of aviation staff; inspect and supervise the conditions of aviation training institutions, and the institutions that assess English proficiency of aviation staff that have been issued with the certificates.

2. The annual inspection plan is approved by the Director of the Civil Aviation Authority of Vietnam, and notified to the institution before 15 working days.

3. The Civil Aviation Authority of Vietnam may carry out irregular inspection if the institution is suspected of violating this Circular.

Article 33. Effects

This Circular takes effect after 45 days as from the date of signing, and supersedes that Decision No. 19/2007/QĐ-BGTVT dated April 04^th 2007 of the Minister of Transport on aviation staff and aviation training institution, and the Circular No. 11/2011/TT-BGTVT dated March 28^th 2011 of the Minister of Transport, amending and supplementing a number of articles of the Decision No. 19/2007/QĐ-BGTVT dated April 04^th 2007 of the Minister of Transport on aviation staff and aviation training institution.

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the Chief of the Ministry Office, the Ministerial Chief Inspector, Directors of Departments, the Director of the Civil Aviation Authority of Vietnam, Heads of relevant organizations and individuals concerned are responsible for the implementation of this Circular.

THE MINISTER




Dinh La Thang