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MINISTRY
OF TRANSPORT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
42/2020/TT-BGTVT
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Hanoi,
December 31, 2020
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CIRCULAR
ON
AMENDMENTS TO VIETNAM AVIATION REGULATIONS CONCERNING AIRCRAFT AND OPERATION OF
AIRCRAFT
Pursuant to the Law on
Vietnam Civil Aviation dated June 29, 2006 and the Law on amendments to 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 functions, tasks,
powers and organizational structure of the Ministry of Transport;
At the request of Director
of Department of Traffic Safety and Director of the Civil Aviation Authority of
Vietnam;
The Minister of Transport
promulgates a Circular on amendments to Vietnam Aviation Regulations (VARs)
concerning aircraft and operation of aircraft.
Article
1. Amendments to VARs concerning aircraft and operation of aircraft
(hereinafter referred to as VARs):
1. Amendments to VARs Part 1
in Appendix I hereto.
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3. Amendments to VARs Part 3
in Appendix III hereto.
4. Amendments to VARs Part 4
in Appendix IV hereto.
5. Amendments to VARs Part 5
in Appendix V hereto.
6. Amendments to VARs Part 6
in Appendix VI hereto.
7. Amendments to VARs Part 7
in Appendix VII hereto.
8. Amendments to VARs Part 8
in Appendix VIII hereto.
9. Amendments to VARs Part 9
in Appendix IX hereto.
10. Amendments to VARs Part
10 in Appendix X hereto.
11. Amendments to VARs Part
11 in Appendix XI hereto.
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13. Amendments to VARs Part
13 in Appendix XIII hereto.
14. Amendments to VARs Part
14 in Appendix XIV hereto.
15. Amendments to VARs Part
15 in Appendix XV hereto.
16. Amendments to VARs Part
16 in Appendix XVI hereto.
17. Amendments to VARs Part
17 in Appendix XVII hereto.
18. Amendments to VARs Part
18 in Appendix XVIII hereto.
19. Amendments to VARs Part
19 in Appendix XIX hereto.
20. Amendments to VARs Part
20 in Appendix XX hereto.
21. Amendments to VARs Part
21 in Appendix XXI hereto.
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23. Amendments to VARs Part
23 in Appendix XXIII hereto.
Article
2. Entry in force
This Circular comes into
force as of March 15, 2021.
Article
3. Implementation
The Chief of the Ministry
Office, the Ministerial Chief Inspector, Directors, Director of the Civil
Aviation Authority of Vietnam, heads of organizations and relevant entities
shall implement this Circular./.
PP.
MINISTER
DEPUTY MINISTER
Le Anh Tuan
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APPENDIX
I
AMENDMENTS TO VARS PART 1
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Amendments to items 5,
36, 134, 138, 142, 145, 169, 290, 299, 316, 454 Appendix 1 to 1.007 in Section
3 of Circular No. 21/2017/TT-BGTVT dated June 30, 2017 of the Minister of
Transport (hereinafter referred to as Circular No. 21/2017/TT-BGTVT) as
follows:
a. Item 5 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(5) Line maintenance:
Any maintenance that is carried out before flight to ensure that the aircraft
is fit for the intended flight. Line maintenance may include:
(i) Trouble shooting.
(ii) Defect rectification.
(iii) Component replacement
with use of external test equipment (if required). Component replacement may
include components such as engines and propellers.
(iv) Scheduled maintenance
or checks including visual inspections that will detect obvious unsatisfactory
conditions/discrepancies but do not require extensive in depth inspection. It
may also include internal structure, systems and powerplant items which are
visible through quick opening access panels/doors.
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(vi) For temporary or
occasional cases (Airworthiness Directives, ADs; Service Bulletins, SBs), the
Quality Manager may accept base maintenance tasks to be performed by a line
maintenance organization provided all requirements are fulfilled as defined by
the competent authority.”
b. Item 36 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(36) Suitable
accommodation: A separate room for each crew member located in a quiet
environment and equipped with a bed, which is sufficiently ventilated, has a
device for regulating temperature and light intensity.”
c. Item 134 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(134) Landing decision
point (LDP): the point used in determining landing performance from which,
a power-unit failure occurring at this point, the landing may be safely
continued or a balked landing initiated. LDP applies to performance Class 1
helicopters.”
d. Item 138 Appendix 1 to 1.007
in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(138) En-route phase:
That part of the flight from the end of the take-off and initial climb phase to
the commencement of the approach and landing phase.”
dd. Item 142 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(142) Break: A
period of time within a flight duty period, shorter than a rest period,
counting as duty and during which a crew member is free of all tasks.”
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“(145) Operational
control: The exercise of authority over the initiation, continuation,
diversion or termination of a flight in the interest of the safety of the
aircraft and the regularity and efficiency of the flight.”
g. Item 169 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(169) Dangerous goods:
Articles or substances which are capable of posing a risk to health, safety,
property or the environment which are defined in the list of dangerous goods in
the technical instructions or which are classified according to these
instructions.”
h. Item 290 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(290) Flight dispatcher:
A person designated by the operator to engage in the control, assistance,
instruction and supervision of flight operations for safety purpose, suitably
qualified in accordance with Annex 1 in the Chicago Convention and licensed by
CAAV.”
i. Item 299 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(299) Incompatible:
Describing dangerous goods which, if mixed, would cause a dangerous evolution
of heat or gas or produce a corrosive substance.”
k. Item 316 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(316) Operational specifications:
The authorizations including specific approvals, conditions and limitations
associated with the air operator certificate and subject to the conditions in
the operations manual.”
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“(319) Instrument
approach operations - classifications of: Classifications of instrument
approach operations based on the designed lowest operating minima below which
an approach operation shall only be continued with the required visual
reference as follows:
(i) Type A: a minimum
descent height or decision height at or above 75 m (250 ft);
(ii) Type B: a decision
height below 75 m (250 ft). Type B instrument approach operations are
categorized as:
(a) Category I (CAT I): a
decision height not lower than 60 m (200 ft) and with either a visibility not
less than 800 m or a runway visual range not less than 550 m;
(b) Category II (CAT II): a
decision height not lower than 60 m (200 ft) and with either a visibility not
lower than 30 m (100 ft) or a runway visual range not less than 300 m;
(c) Category III (CAT III):
a decision height lower than 30 m (100 ft) or no decision height and a runway
visual range less than 300 m or no runway visual range limitation.”
m. Item 376 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
(376) Category III (CAT
III) operation: A precision instrument approach and landing with:
(i) A decision height lower
than 30 m (100 ft) or no decision height;
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n. Item 454 Appendix 1 to
1.007 in Section 3 of Circular No. 21/2017/TT-BGTVT is amended as follows:
“(454) Continuous
descent final approach (CDFA): A technique, consistent with stabilized
approach procedures, for flying the final approach segment of a non-precision
instrument approach procedure as a continuous descent, without level-off, from
an altitude/height at or above the final approach fix (FAF) altitude/height to
a point approximately 15 m (50 ft) above the landing runway threshold or the
point where the flare manoeuvre should begin for the type of aircraft flown; for
flying the final approach segment followed by an obstacle clearance, the CDFA
technique is in place until Obstacle Clearance Altitude/Height (OCA(H)) or
visual flight maneuver height is achieved
2. The definitions below are
added to Appendix 1 to 1.007 in Part 1 of Circular No. 01/2011/TT-BGTVT dated
January 27, 2011 of the Minister of Transport (hereinafter referred to as
Circular No. 01/2011/TT-BGTVT) as follows:
(486) Base maintenance:
It is all maintenance which does not fall under the line maintenance category.
(487) Agreement summary:
A document transmitted with the Article 83 bis Agreement registered with the
ICAO Council that succinctly and clearly which defines the functions and duties
to be carried by the State of registration of the aircraft nationality to the
Air Operator Country.
(488) Low visibility
operation (LVO): Approach operations in RVRs less than 550 m and/or with a
DH less than 60 m (200 ft) or take-off operations in RVRs less than 400m.
(489) Specific approval:
A specific approval is an approval which is documented in the Operations
Specifications for commercial air transport operations or in the list of
specific approvals for non-commercial operations.
(490) State of the
principal location of a general aviation operator: The State in which the
operator of a general aviation aircraft has its principal place of business or,
if there is no such place of business, its permanent residence.
(491) Pilot Flying (PF):
The pilot whose primary task is to control and manage the flight path. The
secondary tasks of the PF are to perform non-flight path related actions (radio
communications, aircraft systems, other operational activities, etc.) and to
monitor other crewmembers.
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(493) Maintenance
control manual: a document which describes the operator’s procedures
necessary to ensure that all scheduled and unscheduled maintenance is performed
on the operator’s aircraft on time and in a controlled and satisfactory manner.
(494) Maintenance
organization’s procedures manual: A document endorsed by the head of the
maintenance organization which details the maintenance organization’s structure
and management responsibilities, scope of work, description of facilities,
maintenance procedures and quality assurance or inspection systems.
(495) The items must be
double checked: Maintenance items and/or modifications that must be
inspected by a person other than the one performing the work, and include at
least those that could result in a failure, malfunction, or defect endangering
the safe operation of the aircraft, if not properly performed or if improper
parts or materials are used.
(496) Article: Any
item, including but not limited to, an aircraft, airframe, aircraft engine,
propeller, appliance, accessory, assembly, subassembly, system, subsystem,
component, unit, product, or part.
(497) Maintenance
release: A document which confirms the completion of maintenance record
entries of aircraft and aircraft equipment required by the operator in the
maintenance record performed by an authorized technical staff after
implementation of complete overhaul, repair or test of the aircraft or aircraft
equipment.
(498) Housing: Buildings,
hangers, and other structures to accommodate the necessary equipment and
materials of a maintenance organization that:
(i) Provide working space
for the performance of maintenance, preventive maintenance, or modifications
for which the maintenance organization is certificated and rated;
(ii) Provide structures for
the proper protection of aircraft, airframes, aircraft engines, propellers,
appliances, components, parts, and subassemblies thereof during disassembly,
cleaning, inspection, repair, modification, assembly, and testing;
(iii) Provide for the proper
storage, segregation, and protection of materials, parts, and supplies.
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(500) Aircraft type of:
All aircraft of the same basic design including all modifications thereto
except those modifications which result in a change in handling or flight
characteristics.
(501) Airmanship: The
consistent use of good judgment and well-developed knowledge, skills and
attitudes to accomplish flight objectives.
(502) Approved training:
Training carried out under special curricula and supervision approved by a Licensing
Authority.
(503) Pilot-in-command:
A Pilot Flying or Pilot Monitoring who fulfils his managing and decision-making
functions in a flight.
(504) High-performance
aeroplane: An aeroplane with an engine of more than 200 horsepower(hp);
(505) Pilot (to): To
manipulate the flight controls of an aircraft during flight time.
(506) Pilot-in-command
under supervision: Co-pilot performing, under the supervision of the pilot-in-
command, the duties and functions of a pilot-in-command, in accordance with a
method of supervision acceptable to the Licensing Authority.
(507) Helicopter external
loads: external loads by helicopter according to the following categories:(i)
Class A - external loads affixed to the exterior of the helicopter that cannot
move freely and does not extend below the landing gear, used to carry cargo;
(ii) Class B - external
loads affixed to the exterior of the helicopter that can move freely of the
land or water while the helicopter is operating;
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(iv) Class D - allows the
external carriage of a person outside of helicopter.
(508) Directly in
Charge: A person assigned to a position in which he or she is responsible
for the work of a shop or station that performed maintenance, preventive
maintenance, or modifications, or other functions affecting aircraft
airworthiness.
(509) Integrated flight
safety system: A set of documentation established by the operator, compiling
and organizing information necessary for flight and ground operations, and
comprising, as a minimum, the operations manual and the operator’s maintenance
control manual.
(510) Aircraft Technical
Log: A document attached to an aircraft for recording defects and malfunctions
discovered during operation and for recording details of all maintenance
carried out whilst the aircraft is operating between scheduled visits to the
base maintenance facility. It also contains operating information relevant to
flight safety and maintenance data that the operating crew need to know.
(511) Duty time: The total
time from the moment a crew member begins any work as required by the operator until
that person is relieved of all duties.
(512) Notification time:
The period of time that an operator allows between the time a crew member on
standby receives a call requiring him to report for duty and the time he is
required to report for that duty;
(513) Reporting time:
The time at which the crew member is required to report for any duty. The reporting
time is expressed in the local time at the reporting place. (514) IATA
Dangerous Goods Regulations: It is the International Air Transport
Association's (IATA) latest issue of Dangerous Goods Regulations based on the
requirements of Annex 18 to the Convention on International Civil Aviation
(Chicago, 1944) and the associated Technical Instructions for the Safe
Transport of Dangerous Goods by Air. Annex 18 to the Chicago Convention and the
associated Technical Instructions for the Safe Transport of Dangerous Goods by
Air are recognized as the sole authentic legal source material in the air
transport of dangerous goods. Consequently, any additional or explanatory
material added by IATA does not form part of the authentic text of the ICAO
Technical Instructions and does not have the same legal force.
(515) Technical
instructions: The latest effective edition of the Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Doc. 9284- AN/905),
including the supplement and any addendum, approved and published by decision
of the Council of the ICAO.
(516) Technical
modifications: changes to the configuration of the aircraft, equipment
installed on the airplane according recommendation of the manufacturer in
writing, which the Operator shall make the assessment and decision at his
option to apply in compliance with process approved by CAAV in the operations
manual and maintenance manual.
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(518) Primary structural
defect: defect of the structural components of the aircraft’s structures
undergoing the stresses caused by the weight and the main aerodynamic force during
the aircraft’s operation in the air and on the ground, which may lead to
serious menace to the flight’s safety.
(519) Acceptable
Deferred defect: defect of the aircraft, aircraft’s systems or equipments
installed on the airplane which do not need to be fixed in a period of time
stipulated in the Aircraft Maintenance Manual, Minimum Equipment List,
Configuration Deviation List, which do not affect the standards of the
airworthiness.
(520) Certificate of
Release to Service: confirmation by the technical staff who is approved to be
in compliance with Part 5 or Part 7 upon completion of any technical works on
the airplane aiming at maintenance or inspection of the operation the aircraft,
system, equipment installed on it, in order to affirm that such works were
carried out in accordance with the Aircraft Maintenance Manual and the
procedures approved to comply with Part 5.
(521) Manufacturer’s
aircraft maintenance manual (AMM): manual defining the procedures, specific
technical specifications used in the maintenance work of the aircraft, issued
by the aircraft’s manufacturer and approved or recognized by the aviation
authority of the country where the aircraft is designed and manufactured, the
aviation authority of the country where the airplane is registered.
(522) Technical service
bulletin (SB): Requirements for the maintenance, inspection or modification
applied to the aircraft or aircraft’s components issued by the aircraft
designer and manufacturer in order to increase the reliability level of the airplane,
or the operating function of some components, system of the aircraft; such
requirements are applied depending on the assessment of the aircraft operator
based on the evaluation of the reliability and the operating efficiency of the
aircraft, system or aircraft equipments subject to the technical service
bulletin.
(523) Flight test:
tests with the purpose of checking some running functions of the airplane,
system or equipments installed on the aircraft, where tests on the ground
cannot not be carried out.
(524) Foreign Operator:
A foreign person, organization or enterprise engaged in or offering to engage
in an operation in Vietnam with foreign registered aircraft.
(525) Prevent Flying Order:
A formal document issued by a person authorized by the Authority to conduct
safety oversight inspection and resolution of safety issues to advise the
operator or pilots of an imminent safety concern of the Authority.
(526) Rotorcraft flight
manual: A manual, approved by the State of the operator, provides procedures in
normal, abnormal, and emergent conditions, checklists, limitations, information
of productivity, specific information of aircraft system, and other concerned
documentations for operating rotorcraft flight.
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(528) Competency-based
training: training that is characterized by a performance orientation,
emphasis on standards of performance and their measurement, and the development
of training to the specified performance standards.
3. Item 11, point c,
paragraph 1.007 of Part 1 of 01/2011/TT-BGTVT is annulled.
4. Items 377 and 378 of
Appendix 1 to 1. 007 in Section 3 of Circular No. 21/2017/TT-BGTVT are
annulled.
APPENDIX
II
AMENDMENTS TO VARS PART 2
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 2.003 of Part 2
of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
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AMENDMENTS TO VARS PART 3
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 3.003 of Part 3
of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
APPENDIX
IV
AMENDMENTS TO VARS PART 4
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 4.003 of Part 4
of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
2. Item 5 Point a Paragraph
4.005 of Part 4 of Circular No. 01/2011/TT-BGTVT is amended as follows:
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3. Item 2 Point a Paragraph
4.023 of Part 4 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“2. A Certificate of
Airworthiness shall remain valid for 6 months, and if renewed, shall remain
valid for 1 year, provided that the continuing airworthiness of the aircraft
shall be determined by an inspection within 60 days before expiry.”
4. Item 2 Point c Paragraph
4.035 of Part 4 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“2. Testing after
modifications or repairs according to additional certificate
5. Point a Paragraph 4.063
in Section 6 of Appendix III issued together with Circular 03/2016/TT-BGTVT
dated March 31, 2016 of the Minister of Transport (hereinafter referred to as
Circular No. 03/2016TT-BGTVT) is amended as follows:
“a. Except for operator
operating under an AOC, the registered owner or operator of each large
aeroplane, turbojet multi-engine aeroplane, turbo propeller-powered
multi-engine aeroplane, and turbine-powered rotorcraft shall select, identify
in the aircraft maintenance records, and use one of the following program for
the inspection of the aircraft:
1. A current inspection
program recommended by the manufacturer;
2. A inspection program that
is part of a continuous maintenance program for that make and model of aircraft
currently approved by CAAV for use by an AOC holder;
3. Any other inspection
program established by the registered owner or operator of that aircraft and
approved by CAAV.”
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“a. The following persons
are authorized to perform any task defined as maintenance on an aircraft or
aircraft components:
1. Aviation maintenance
technician (AMT), aviation repair specialist (ARS) and a person defined in
clause i Article 5.095 Part 5 authorized by an Approved Maintenance
Organization (AMO) within the approved functions;
2. Aviation maintenance
technician, aviation repair specialist and a person defined in clause i Article
5.095 Part 5 authorized by an AOC holder having a maintenance system to maintain
an aircraft or aircraft components in accordance with Part 5 of these
regulations;
3. Aviation maintenance
technician, pilot with a license granted by the CAAV with the appropriate
ratings are authorized to perform maintenance or preventive maintenance on an
aircraft if such aircraft is not the one approved by an AOC holder;
4. A person worked under the
control of AMT or ARS provided the AMT or ARS directly controls the work to a
degree that the work is performed in accordance with the maintenance data.
7. Items 3, 4, and 5 Point a
Paragraph 4.077 of Part 4 of Circular No. 01/2011/TT-BGTVT is amended as
follows:
“3. AMT and pilot with AMT license
granted by the CAAV may grant an authorized release certificate to the aircraft
or aircraft components if such aircraft is not the one approved by an AOC
holder;
4. The AMO may grant an
authorized release certificate to the aircraft or aircraft components within
the scope of approval;
5. The operator with AMO may
grant an authorized release certificate to the aircraft or aircraft components
within the scope of approval.”
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“b. The minimum contents of
this maintenance release shall be:
1. The basic details (or
reference to data acceptable to the CAAV) of the maintenance performed;
2. The date such maintenance
was completed;
3. The maintenance
incomplete;
4. When applicable, the
identity of the approved maintenance organization;
5. The identity of the
authorized person or persons signing the release (name, signature, license
number, and kind of license held by the person).
6. The signature constitutes
the approval for maintenance release only for the work performed.”
APPENDIX
V
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1. Point b is amended and
Point d is added to Paragraph 5.083 in Section 8 of Appendix IV issued together
with Circular No. 03/2016/TT-BGTVT as follows:
a. Point b Paragraph 5.083
in Section 8 of Appendix IV issued together with Circular No. 03/2016/TT-BGTVT
is amended as follows:
“b. The AMO holder shall
have qualified personnel, with proven competency in civil aviation, available
and serving in the following positions or their equivalent:
1. Base Maintenance Manager;
2. Line Maintenance Manager;
3. Workshop Manager;
4. Safety and Quality
Assurance Manager.”
b. Point d Paragraph 5.083
in Section 8 of Appendix IV issued together with Circular No. 03/2016/TT-BGTVT
is amended as follows:
“d. Responsibilities of the
management personnel are specified in the Appendix 1 to 5.083.”
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“i. Apart from maintenance
staff specified in 7.043 Part 7 of the VARs, AMO may set up following repair
staff authorized by a maintenance organization: repairing airframe, powerplant,
sheet metal, composite, painting, repairing upholstery and furnishings (of the
cabin). The staff shall sign off the release certificate only for the work
performed by themselves and may not sign the release certificate for an
aircraft or aircraft components to operate.
k. An AMO shall develop its
training program and testing or qualification system for the job positions to
meet the AMO functions and are outlined in the Maintenance Organization’s
procedures manual.
l. The AMO shall ensure that
personnel perform or control non-destructive testing (NDT) of aircraft
structures or aircraft components and that personnel performing work in
specialties such as painting and welding undergo competence assessment
according to standard documents approved by the European Aviation Safety Agency
(EASA) or the US Federal Aviation Administration (FAA) recognized by the CAAV.”
3. The note to Paragraph
5.095 of Part 5 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“i. See Appendix 1 to 5.095
for detailed personnel training requirements.”
4. Point o Appendix 1 to
5.067 in Section 17 of Appendix IV issued together with Circular No.
03/2016/TT-BGTVT is amended as follows:
“o. According to the scope
and amount of the intended work, the AMO shall ensure that sufficient
supervisors with Certificate of AMT level B1, B2 to supervise the maintenance
work of staff authorized by the AMO as specified in points i and l Paragraph
5.095.”
5. Amend point i, annul the
note of point j of Appendix 1 to 5.083 in Part 5 of Circular No.
01/2011/TT-BGTVT as follows:
a. Point i Appendix 1 to
5.083 of Part 5 of Circular No. 01/2011/TT-BGTVT is amended as follows:
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6. Item 18 Point a Appendix
1 to 5.067 in Section 19 of Appendix IV issued together with Circular No.
03/2016/TT-BGTVT is amended as follows:
“18. A description of the
AMO’s maintenance program including initial testing, potential defect testing;
inspection procedures during maintenance; final testing and issuance of
authorized release certificate and other maintenance procedures.”
APPENDIX
VI
AMENDMENTS TO VARS PART6
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 6.003 of Part 6
of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
2. Point k is added to
Paragraph 6.007 of Part 6 of Circular No. 01/2011/TT-BGTVT as follows:
“k. The passenger safety
instruction board shall be written in Vietnamese and English (to be applied to
aircraft which operates commercial aviation transport).”
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“b. Category IIIA Approach
Minima, with a decision height lower than 30 m (100 ft) or no decision height
and a RVR less than 300 m or no RVR. In addition to the instrument and
equipment requirements for aircraft operated under IFR with 2 pilots, the
specific requirements for the type of aircraft and the requirements of Category
II, the following additional equipment and instruments requirements apply:
1. A redundant, acceptable
flight guidance or control systems that provides:
(i) A fail operational or
fail passive automatic landing system at least to touchdown;
(ii) A fail operational or
fail passive manual flight guidance system with suitable head-up or head-down
command guidance, and suitable monitoring capability at least to touchdown;
(iii) A hybrid system, using
automatic landing capability as the primary means of landing at least to
touchdown; or
(iv) Other system that can
provide an equivalent level of performance and safety.
2. An automatic throttle or
automatic thrust control system that meets approved criteria as specified in
the AFM. However, for operations with a 15 m (50 ft) DH, or other operations
that have been specifically evaluated such as for engine inoperative landing
capability, automatic throttles may not be required if it has been demonstrated
that operations can be safely conducted, with an acceptable work load, without
their use;
3. At least two independent
navigation receivers/sensors providing lateral and vertical position or
displacement information, typically with the first pilot’s station receiving
the information from one and the second pilot’s station receiving the
information from the other. The navigation receivers/sensors shall meet the
criteria specified for CAT III operations;
4. At least two approved
radio altimeter systems that meet the performance requirements criteria as
specified in the AFM, typically with the first pilot’s station receiving
information from one and the second pilot’s station receiving information from
the other;
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6. Missed approach guidance
provided by one or more of the following means:
(i) Attitude displays that
include suitable pitch attitude markings, or a pre-established computed pitch
command display;
(ii) An approved flight path
angle display;
(iii) An automatic or flight
guidance go-around capability.
7. Suitable forward and side
flight deck visibility for each pilot as specified in the AFM;
8. Suitable wind shield rain
removal, ice protection, or defog capability as specified in the AFM.”
4. Point b Paragraph 6.090
in Section 8 of Appendix V of Circular No. 21/2017/TT-BGTVT is amended as
follows:
“b. Crash protected flight
recorders comprise one or more of the following systems:
1. A flight data records
(FDR);
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3. An airborne image records
(AIR);
4. A data link recorder (DLR).”
5. Point e Paragraph 6.090
in Section 8 of Appendix V of Circular No. 21/2017/TT-BGTVT is amended as
follows:
“e. Image and data link
information may be recorded on either the CARS or ADRS.”
6. Points k, l are added to
Paragraph 6.090 in Section 8 of Appendix V of Circular No. 21/2017/TT-BGTVT as
follows:
“k. The crash-protected
flight recorders shall be installed so that they receive electrical power from
a bus that provides the maximum reliability for operation of the flight
recorder systems
l. The lightweight flight
recorders shall be connected to a power source having the characteristics which
ensure proper and reliable recording in the operational environment.”
7. Point k is added to
Paragraph 6.091 in Section 1 of Appendix IV of Circular No. 56/2018/TT-BGTVT
dated December 11, 2018 of the Minister of Transport (hereinafter referred to
as Circular No. 56/2018/TT-BGTVT) as follows:
k. Operating status of
flight recording equipments: FDR or ADRS, CVR or CARS, AIR or AIRS shall start
to record prior to the aeroplane moving under its own power and record
continuously until the termination of the flight when the aeroplane is no
longer capable of moving under its own power. In addition, depending on the
availability of electrical power, the CVR or CARS shall start to record as
early as possible during the cockpit checks prior to engine start at the
beginning of the flight until the cockpit checks immediately following engine
shutdown at the end of the flight.”
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“4. If further ADRS
recording capacity is available, the recording of any parameters from 8 onwards
defined in Appendix 2 to 6.093 of this Part.”
9. Point c Appendix 1 to
6.090 in Section 68 of Appendix V of Circular No. 03/2016/TT-BGTVT is amended
as follows:
“c. Annual Recording system
inspections shall be carried out as follows:
1. An analysis of the
recorded data from the flight recorders shall ensure that the recorder operates
correctly for the nominal duration of the recording as specified in 6.092,
6.093 and 6.094 of this Part.
2. A complete flight from
the FDR or the ADRS shall be examined in engineering units to evaluate the
validity of all recorded parameters.
(i) Particular attention
shall be given to parameters from sensors dedicated to the FDR or the ADRS.
(ii) Parameters taken from
the aircraft’s electrical bus system need not be checked if their
serviceability can be detected by other aircraft systems.
3. The readout facility
shall have the necessary software to accurately convert the recorded values to
engineering units and to determine the status of discrete signals.
4. An annual examination of
the recorded signal on the CVR or the CARS shall be carried out by replay of the
CVR or CARS recording. While installed in the aircraft, the CVR or CARS shall
record test signals from each aircraft source and from relevant external
sources to ensure that all required signals meet intelligibility standards.
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6. An annual examination of
the recorded images on the AIR or AIRS shall be carried out by replay of the
AIR or AIRS recording. While installed in the aircraft, the AIR or AIRS shall
record test images from each aircraft source and from relevant external sources
to ensure that all required images meet recording quality standards.”
10. The name of Paragraph
6.095 in Section 9 of Appendix V of Circular No. 21/2017/TT-BGTVT is amended as
follows:
“6.095 COCKPIT VOICE
RECORDERS (CVR) AND COCKPIT AUDIO RECORDING SYSTEMS (CARS)”
11. Items g and h are added
to Paragraph 6.094 in Section 4 Appendix IV of Circular No. 56/2018/TT-BGTVT as
follows:
“g. All aircrafts with the
individual certificate of airworthiness is first issued on and after 1 January
2016, using the parameter link application recommended in Appendix 3 to 6.094,
shall record every information in the crash-protected flight recorders.
h. All aeroplanes with the
individual certificate of airworthiness is first issued on and after 1 January
2016, equipped with CVR and updated since 1 January 2016 to use any parameter
link application recommended in point a Appendix 3 to 6.094, shall record all
information on a crash-protected flight recorder, except parameter link
communication equipment installed in conformity with a type certificate or
modification certificate issued or approved prior to 1 January 2016.”
12. Point c Paragraph 6.095
in Section 5 of Appendix IV of Circular No. 56/2018/TT-BGTVT is amended as
follows:
13. Points dd and e are
added to Paragraph 6.097 in Section 34 of Appendix V of Circular No. 03/2016/TT-BGTVT
as follows:
“dd. All aeroplanes for
which the individual certificate of airworthiness is first issued on and after
1 January 2016 which use any of data link communications applications referred
in item 2 point a Appendix 1 to 6.096 and are required to carry a CVR shall
record all data link communications on a crash-protected flight recorder.
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14. Point dd is added to
Paragraph 6.170 Part 6 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“dd. Life jackets
accessible from seats or berths located in crew rest compartments are required
only if the seats or berths concerned are certified to be occupied during
take-off and landing.”
15. Point dd is added to
Paragraph 6.007 Part 6 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“dd. The operator shall
implement database management procedures that ensure the timely distribution
and update of current terrain and obstacle data to the ground proximity warning
system.”
16. Point i Paragraph 6.180
in Section 12 of Appendix V of Circular No. 21/2017/TT-BGTVT is amended as
follows:
“i. All aeroplanes of a
maximum certificated take-off mass of over 5 700 kg for which the individual
certificate of airworthiness is first issued on or after 1 January 2023, shall
autonomously transmit information from which a position can be determined at
least once every minute, when in distress as specified in Appendix 1 to 6.180.”
17. Appendix 1 to 6.180 is
added to Part 6 of Circular No. 01/2011/TT-BGTVT as follows:
“APPENDIX 1 TO 6.180
LOCATION OF AN AEROPLANE IN DISTRESS
1. Location of an aeroplane
in distress aims at establishing, to a reasonable extent, the location of an
accident site within a 6 NM radius. 2. Operation of the distress tracking
equipment
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b. An aircraft is considered
to be in a distress condition when it is in a state that, if the aircraft event
is left uncorrected, may result in an accident. Autonomous transmission of
position information shall be active when an aircraft is in a distress
condition. This aims at establishing the location of an accident site within a
6 NM radius. The operator shall be alerted when an aircraft is in a distress
condition with an acceptable low rate of false alerts. In case of a triggered
transmission system, initial transmission of position information shall be commence
immediately or no later than five seconds after the detection of the activation
event.
c. Aeroplane behavior events
can include, but are not limited to, unusual attitudes, unusual
d. A distress alert can be
triggered using criteria that may vary as a result of aircraft Further guidance
regarding in-flight event detection and triggering criteria may be found in the
EUROCAE ED-237, Minimum Aviation System Performance Specification (MASPS) for
Criteria to Detect In-Flight Aircraft Distress Events to Trigger Transmission
of Flight Information.
dd. When autonomous
transmission of position information has been activated, it shall only be
e. The accuracy of position
information shall, as a minimum, meet the position accuracy
APPENDIX
VII
AMENDMENTS TO VARS PART 7
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Points b and c Paragraph
7.040 in Section 10 of Appendix VI of Circular No. 03/2016/TT-BGTVT is amended
as follows:
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1. Level A;
2. Level B1;
3. Level B2;
4. Level C.
C. The A and B1 are divided
into sub-level configuration related to a combination of aircraft type and
engine according to the following:
1. Sublevel A1 and B1.1:
turbine engine aircraft;
2. Sublevel A2 and B1.2:
piston engine aircraft;
3. Sublevel A3 and B1.3:
turbine engine helicopters;
4. Sublevel A4 and B1.4:
piston engine helicopter.”
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“a. The CAAV may issue the
following ratings for aviation repair specialists:
1. Propellers;
2. Avionics;
3. Instrument
4. Computer;
5. Accessories;
6. Experimental Aircraft Builder.”
3. Point a Paragraph 7.350
Part 7 of Circular No. 01/2011/TT is amended as follows:
"a. This Subpart
prescribes the requirements for issuance, condition to maintain the validity of
license and associated ratings of an AMT license.”
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“b. Procedures for
issuance/reissuance of license and rating for AMT personnel are specified in
Appendix 1 to 7.350.”
5. Point c Paragraph 7.353
Part 7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“c. The following privileges
will be applied to aircraft maintenance technician staff to ensure compliance
with the conditions at (d) of this Section :
1. Certificate of AMT level
A allows aircraft maintenance technician signing the completion of maintenance
for outdoor maintenance in small as planned or repair simple failures within
duty specified in the license. Privilege to sign completion of maintenance is
limited in the scope of the work that the certificate was directly carried out
at an approved maintenance organization in accordance with Part 5;
2. Certificate of AMT level
B1 allows aircraft maintenance technician sign completion of maintenance after
performing maintenance work on the aircraft structure, propulsion systems and
engine and electric systems. Rating of B1 also includes the replacement of the
electronic mass required to perform simple checks to confirm the good working
status of the block machine. B1 will automatically include sub-level A;
3. Certificate of AMT level
B2 allows aircraft maintenance technician to sign completion of maintenance
after performing maintenance work on the electrical and electronic systems of
the aircraft and the propulsion systems only require a simple test to confirm
the working condition;
4. AMT certificate level C
allows aircraft maintenance technician to sign certifying completion of
maintenance after implementation maintenance work planned on aircraft. This
applies to all aircraft in the approved maintenance organization in accordance
with Part 5.”
6. Point a Paragraph 7.357
Part 7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. Each applicant for an
AMT license or rating shall present:
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2. Acceptable documentary
evidence of practical experience for the period of time and types of work
prescribed by the CAAV appropriate to the rating(s) sought.
3. See Appendix 1 to 7.357
for the prescribed AMT experience requirements.”
7. Point a Paragraph 7.360
Part 7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. Each applicant for an
AMT license or rating shall have demonstrated the ability to perform those
functions applicable to the privileges to be granted by satisfactory
accomplishment of an oral and a practical test on the rating he seeks.”
8. Paragraph 7.363 in
Section 58 Appendix VI of Circular No. 03/2016/TT-BGTVT is annulled.
9. Point f is amended and
Points h, i are added to Appendix 1 to 7.350 in Part 7 of Circular No.
01/2011/TT-BGTVT is amended as follows:
a. Point f Appendix 1 to
7.350 Part 7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“f. Applicant for renewal
of AMT/ARS rating to send 01 set of records in person or by mail to the CAAV
and is responsible for the information in this profiled. Application includes
the following documents:
1. Application for renewal
of AMT/ARS rating;
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3. The documented practical
experience in accordance with the requested rating.”
b. Points h and i are added
to Appendix 1 to 7.350 Part 7 of Circular No. 01/2011/TT-BGTVT as follows:
"h. An application for
the issuance, re-issuance and extension of the AMT/ARS staff's rating specified
at Point 1, Clause a, Point 1, Clause d, Point 1, Clause e, and Point 1, Clause
f, of this Article, include at least the following contents:1. Application
content (first issuance, reissuance, extension), type of certificate
2. Rating applied.
3. Applicant information
such as full name, permanent address, date of birth, place of birth,
nationality, gender, height, weight, hair color, email address.
4. Current license
information (if applicable).
5. Date of application,
signature and photo of the applicant.
6. Information about the
test results and the authorized judge.
7. Enclosed reports such as
theory and practice test results
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1. Part 1 Personal
information: Full name, permanent address, date of birth, place of birth,
nationality; training process.
2. Part 2 Information about
working history: employer, time, working position, type of aircraft engaged in
maintenance.
3. Part 3 Information about
trainer, maintenance supervisor.
4. Part 4 Basic practical
experience.
5. Part 5 On the Job
Training experience (ỌT).”
10. Point d Appendix 1 to
7.350 in Section 4 of Appendix V of Circular No. 56/2018/TT-BGTVT is amended as
follows:
“d. Applicant for
reissuance of AMT/ARS license to send 01 set of records at least 10 days before
the expiration date of the granted license. Application includes:
1. Application form for
reissuance, clearly stating reason;
2. The documented practical
experience in accordance with the requested rating.”
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“APPENDIX 1 TO 7.353:
TRAINING AND APPROVE AIRCRAFT RATING AND SPECIFIC TASKS
a. The person who has the
license AMT rating A is only allowed to perform the work under the authority
approved on a specific type of aircraft after completion of specific training
in accordance with rating A by a maintenance organization in accordance with
Section 5 or Section 9. The training will include both theory and practice in
accordance with the work will be approved. Completion of the course must be
demonstrated by test results/or direct assessment practices implemented by
approved organizations in accordance with Part 5 or Part 9.
b. Licensed technical staff
AMT with rating B1, B2 and C only to perform his particular aircraft type
rating on the type aircraft that is approved.
c. Rating may only be
granted after the applicant has completed training course approved by CAAV or
conducted by maintenance training organization is CAAV approved in accordance
with Part 9.
d. The training to upgrade
aircraft type for technical staff with rating of B1 or B2 must include the
theory and practice and includes courses related to the functions specified in
paragraph (c) of 7.353. Theory and practice training must complied with the
specific requirements prescribed by the CAAV.
dd. Training program for AMT
licensed staff with rating C type must comply with the specific requirements
prescribed by the CAAV. In the case of AMT with rating C has a degree in
aerospace engineering, training of the first aircraft to be equivalent to level
B1 or B2, practical training is not required.
e. The completion of the
training specified in paragraph (b) to (dd) must be demonstrated by test
results. Testing for AMT licensed staff with rating B1, B2 and C must be
performed by an approved training organization in accordance with Part 9 or
approved by training organizations conducted the approved aircraft type upgrade
training.
g. Contrary to the
provisions of paragraph (b), for the type of aircraft is not large aircraft
(takeoff weight greater than 5700 kg), the licensed with rating B1 and B2 can
perform discretion if the license has the record for the group of aircraft
suitable or group of manufacturers unless the CAAV determines the complexity of
the aircraft involved must be approved separately.
1. Rating of the aircraft by
manufacturer may be granted upon compliance with the rating type of aircraft
class 2 representing a group of manufacturers.
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3. Groups will include:
(i) For a license for
rating type B1 or C: Engine piston helicopter or turbine engine helicopters;
single-engine piston aircraft with a metal structure; aircraft many engine
piston-metal structure; single-engine piston aircraft with a wooden structure;
aircraft many piston engines - wooden structure; single-engine piston aircraft
– have body structure made of composite materials; aircraft many piston engines
- composite structure; aircraft single turbine engine; aircraft many turbine
engine;
(ii) For the rating type B2
and C licenses: aircraft; helicopter.
h. In contrast to the
provisions of paragraph (c), rating for the aircraft is not large aircraft may
also be granted on the basis of the complete test on the rating type of
aircraft involved B1, B2 and C, and has sufficient evidence of actual
experience on the aircraft type. For the rating C aircraft is not a large
aircraft of a person who holds an aircraft engineer degree, the first aircraft
in test must be equivalent to level B1 or B2.
1. The test for aircraft
type must include mechanical tests on aircraft for rating B1 and specific
subjects test for B2 and also tests B1 and B2 for the rating type C.
2. Tests must be conducted
by approved training organizations in accordance with Part 9 or directly
carried out by the CAAV.
3. Practice test will have
to include representative maintenance work groups related to the requested
rating.”
12. Appendix 1 to 7.357 Part
7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“APPENDIX 1 TO 7.357:
AVIATION MAINTENANCE TECHNICIAN EXPERIENCE REQUIREMENTS
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1. For rating A or sub
rating B1.2 and B1.4:
(i) ) 3 years of practical maintenance
experience on related aircraft type if the applicant is not technically trained
on related aircraft;
(ii) 2 years of practical
maintenance experience on the type of aircraft involved and completed training
in accordance with skilled technical staff in other technical fields;
(iii) 1 years of practical
maintenance experience on the type of aircraft involved and completed training
at an approved training organization in accordance with Part 9.
2. For the B2 rating or sub
rating B1.3 or B1.3:
(i) ) 5 years of practical
maintenance experience on related aircraft type if the applicant is not
technically trained on related aircraft;
(ii) 3 years of practical
maintenance experience on the type of aircraft involved and completed the
training appropriate to the CAAV and is consistent with skilled technical staff
in other technical fields;
(iii) 2 years of practical
maintenance experience on the type of aircraft involved and completed training
at an approved training organization in accordance with Part 9.
3. For rating C of large
aircraft:
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(ii) 5 years of practical
maintenance experience with the rating types B1.2 and B1.4 on large aircraft or
as support staff to the B1.2 and B1.4 of the approved maintenance organization
in accordance with part 5 or a combination of both conditions.
4. For rating C of not a
large aircraft: 3 years of practical maintenance experience with the rating
types B1.1, B1.3 or B2 aircraft type is not large aircraft or as support staff
to B1.1, B1.3or B2 of the maintenance organization approved in accordance with
Part 5 or a combination of both conditions.
5. For the rating C of an
aircraft engineering graduate: Applicant with technical engineers degree, from
universities or other higher education recognized by the CAAV, 3 years experience
in civil aircraft maintenance environment with the representation related to
aircraft maintenance including 6 months of follow-up maintenance work inhouse.
b. Applicant for
modification to or upgrade of AMT license must have minimum maintenance experience
in accordance with the rating or proposed supplement rating in the following
table:
From
A1
A2
A3
A4
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B1.2
B1.3
B1.4
B2
To
A1
-
6
mt.
6
mt.
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2
year
6
mt.
2
year
1
year
2
year
A2
6
mt.
-
6
mt.
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2
year
6
mt.
2
year
1
year
2
year
A3
6
mt.
6
mt.
-
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2
year
1
year
2
year
6
mt.
2
year
A4
6
mt.
6
mt.
6
mt.
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2
year
1
year
2
year
6
mt.
2
year
B1.1
No
6
mt.
6
mt.
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-
6
mt.
6
mt.
6
mt.
1
year
B1.2
6
mt.
No
6
mt.
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2
year
-
2
year
6
mt.
2
year
B1.3
6
mt.
6
mt.
No
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6
mt.
6
mt.
-
6
mt.
1
year
B1.4
6
mt.
6
mt.
6
mt.
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2
year
6
mt.
2
year
-
2
year
B2
6
mt.
6
mt.
6
mt.
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1
year
1
year
1
year
1
year
-
c. For rating type A, B1, B2
the experience must be practical work in areas related to maintenance work on
aircraft.
d. For all licensed
technician, practical experience is necessary to have at least one year working
experience on aircraft prior to applying for the first time. For the next
supplement rating depend on practical experience and need not to have one year but
no less than 3 months. Practical experience requirements will depend on the
difference between current and additional proposed rating. Practical
experience must suitable with the proposed additional rating.”
13. The name of Point a is
amended and Point e is added to Paragraph 7.193 Part 7 of Circular No.
01/2011/TT-BGTVT as follows:
a. The name of Point a
Paragraph 7.193 Part 7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
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b. Point e is added to
Paragraph 7.193 Part 7 of Circular No. 11/2011/TT-BGTVT as follows:
“e. Approval of a multi-crew
(aeroplane category) pilot license training course is only granted to a
training organization belonging to an aircraft operator that has been certified
in accordance with Part 9 or the training program must be specifically prepared
and provided by the aircraft operator.”
14. Points a and b Paragraph
7.195 Part 7 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. To be eligible for a
multi-crew pilot license, applicant shall meet the following requirements:
1. Theoretical knowledge at
the level of the aviation transport pilot's license specified in Paragraph
7.215;
2. VFR and IFR training;
3. Multi-crew training to
operate a multi-engine aeroplane;
4. Aeroplane type rating
training.
b. A MPL trainee who does
not complete the MPL course may apply for theoretical knowledge and practice
test to be licensed with the lower privileges as CPL, PPL and IR rating if meeting
the equivalent requirements in Chapter F of this Part.”
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“1. Training
a. The flight experience
required in this license is not less than 240 hours as pilot flying and pilot
not flying of actual and simulated flight with 4 phases of training below:
1. Phase 1: basic flying is
a phase of flying training with single pilot on the aeroplane.
2. Phase 2: introduction of
multi-crew operations and instrument flight.
3. Phase 3: Application of
multi-crew operations in a high performance, multi-engine turbine aeroplane.
4. Phase 4: Type rating
training within an airline-oriented environment Flight experience in actual
flight shall include at least the experience requirements as prescribed, upset
recovery training, night flying, instrument flying and flight by reference
solely to instruments.
b. The multi-crew
coordination training specified in Part 7 shall not be combined with above
phases of training.
c. Training on an asymmetric
flight must be performed on a real aircraft or on a training simulator.
d. Each training period
according to the flight training curriculum must be trained with basic
knowledge and practical training phases.
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1. Skills and evaluations
related to the mission of a co-pilot on a multi-engine aeroplane;
2. Trainees acquire the
necessary skills according to the process and requirements.
e. Training must include at
least 12 takeoffs and landings to ensure sufficient skill. These takeoffs and
landings must be performed under the supervision of a teacher on the aircraft
to be rated.
2. Assessment:
a. The applicant for a
multi-crew pilot license shall meet the requirements in 9 levels specified in
point 3 of this Paragraph, at the advanced capacity required to operate and
co-pilot on the multi-engine turbine aeroplane following the VFR and IFR. The
assessment must confirm the ability to control the aeroplane or the situation
is maintained continuously, to ensure a good result of the operation method or
movements of the aeroplane. The applicant for a multi-crew pilot license must
demonstrate a certain level of knowledge, skills and attitudes required to
ensure safe operation on the type of aircraft in service in accordance with the
criteria of a multi-crew pilot license."
16. Paragraph 7.407 is added
to Part 7 of Circular No. 01/2011/TT-BGTVT as follows:
“7.407 COMPETENCY-BASED
TRAINING
a. Competency-based training
for a dispatcher must be performed by an approved training organization.
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AMENDMENTS TO VARS PART 8
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Item 1 Point c Paragraph
8.007 in Section 1 of Appendix VII of Circular No. 03/2016/TT-BGTVT is amended
as follows:
"1. 6 months, following
their 40th birthday, for airline transport and commercial pilots exercising
privileges in commercial air transport carrying passengers.”
2. Item 2 Point c Paragraph
8.007 in Section 1 of Appendix VII of Circular No. 03/2016/TT-BGTVT is
annulled.
APPENDIX
IX
AMENDMENTS TO VARS PART 9
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Item 4 is added to Point
a Paragraph 9.1555 of Part 9 of Circular No. 01/2011/TT-BGTVT as follows:
“4. There is a minimum area
of 1.5 square meters per student for theory classes and a minimum of 3 square
meters for practice classes.”
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“2. Easy to access or use
for the purpose of practicing, at least one aircraft of a type acceptable to
the CAAV;”
APPENDIX X
AMENDMENTS TO VARS PART 10
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 10.003 of Part
10 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
2. Paragraph 10.381 is added
to Part 10 of Circular No. 01/2011/TT-BGTVT as follows:
“10.381 AIRSPACE REQUIREMENTS
FOR SAFE FLIGHT OPERATIONS
The operator shall ensure
that a flight will not commence or continue as planned unless it has been
ascertained by every reasonable means available that the airspace containing
the intended route from aerodrome of departure to aerodrome of arrival,
including the intended take-off, destination and en-route alternate aerodromes,
can be safely used for the planned operation. When intending to operate over or
near conflict zones, a risk assessment shall be conducted and appropriate risk
mitigation measures taken to ensure a safe flight.”
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“10.037 AIRCRAFT OPERATING
UNDER ARTICLE 83BIS AGREEMENT OF CHICAGO CONVENTION
a. Aircraft operating under
the Agreement of Article 83 bis of the Chicago Convention (hereinafter referred
to as: Article 83 bis) between the State of registry of aircraft nationality
and the State of operator must carry a certified copy of Agreement summary in
electronic or paper format. When the Summary is issued in a different English
language, an English translation is required.
b. A summary of the
Agreement Article 83 bis shall be presented to the Aviation Safety Supervisor
when conducting an aircraft inspection at the airport to determine the
functions and authority to be transferred by agreement from the State of the
registry to the State of the aircraft operator.
c. The State of registry of
aircraft nationality or State of operator of aircraft must submit a summary of
the agreement together with Agreement Article 83 bis for registration to the
ICAO Council.”
APPENDIX XI
AMENDMENTS TO VARS PART 11
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 11.003 Part 11
of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
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APPENDIX XII
AMENDMENTS TO VARS PART 12
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Point a Paragraph 12.001
Part 12 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. This Part prescribes
requirements for the original certification and continued validity of Air
Operator Certificates (AOC) of Vietnamese operators to carry out commercial
aviation operations.”
2. Point h Paragraph 12.060
in Section 11 of Appendix X issued together with Circular No. 03/2016/TT-BGTVT
is amended as follows:
“h. The minimum entry
qualifications for the postholder responsible for the safety management system
is:
1. at least 3 years
experience at management level in aircraft flight operations or aircraft
maintenance;
2. have adequate knowledge
about safety management system;
3. be accountable to the
Accountable manager;
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3. Point b is amended and
Point c is added to Paragraph 12.143 Part 12 of Circular No. 01/2011/TT-BGTVT
as follows:
a. Point b Paragraph 12.143
of Circular No. 01/2011/TT-BGTVT is amended as follows:
“b. The operator of
aircraft is not allowed to operate wet leasing aircraft unless:
1. The foreign aircraft
operator having an AOC or an equivalent of an ICAO member country that allows
such operations and is recognized by the CAAV in accordance with Section 22 of
the VARs;
2. The operator must notify
CAAV about this operation;
3. In case of lease with a
foreign aircraft crew, the CAAV must coordinate in writing with the Authorities
of the State of registry of foreign aircraft, the authorities of the State
operating foreign aircraft to assign responsibility for aviation safety
supervision. ”
b. Point c is added to
Paragraph 12.143 of Circular No. 01/2011/TT-BGTVT as follows:
“c. The operator may not
operate a wet-leasing aircraft unless it is issued with a certificate of airworthiness
by the CAAV.”
4. Item 2 Point a Paragraph
12.245 in Section 45 of Appendix X issued together with Circular No.
03/2016/TT-BGTVT is amended as follows:
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5. Point c Paragraph 12.245
Part 12 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“c. The AOC holder shall,
promptly upon its completion, prepare a report of each major modification or
major repair to the CAAV of an airframe, aircraft engine, propeller, or
appliance of an aircraft within 48 hours after the authorized release
certificate is granted.”
6. Point d Paragraph 12.245
Part 12 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“d. The AOC holder shall
submit a copy of each report of a major modification or a major repair
available for inspection.”
APPENDIX XIII
AMENDMENTS TO VARS PART 13
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 13.003 of Part
13 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
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“13.007 PASSENGER CARRYING
REQUIREMENTS”
3. Item 5 Point a Paragraph
13.007of Part 13 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“5. That person has been
orally briefed by a crew member on the use of emergency equipment and exits.”
4. Item 6 is added to Point
a Paragraph 13.007 of Part 13 of Circular No. 01/2011/TT as follows:
“6. For instructions on how
to use emergency equipment, doors and exits, smoking prohibitions, prohibitions
of wireless receivers, transmitters, devices with wifi, personal computers,
wired and wireless headphones, personal electronic toys, cell phones, the
operator can deploy with a radio guide with a flight attendant performing
visually or making a video with clear images and sound suitable for each type
of aircraft configuration and is approved by the CAAV in the operating manual.”
5. Point c is added to
Paragraph 13.007 Part 13 of Circular No. 01/2011/TT-BGTVT as follows:
“c. Smoking is not allowed
on board.”
6. Items 2 and 3 are amended
and Item 4 is added to Point d Paragraph 13.010 in Section 4 of Appendix XI
issued together with Circular No. 03/2016/TT-BGTVT as follows:
a. Items 2 and 3 Point d
Paragraph 13.010 in Section 4 of Appendix XI issued together with Circular No.
03/2016/TT-BGTVT are amended as follows:
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3. But, in no case, will the
number of cabin crew members be less than the number of life rafts required to
be carried as specified in 6.173 of Part 6.
b. Item 4 is added to Point
d Paragraph 13.010 in Section 4 of Appendix XI issued together with Circular
No. 03/2016/TT-BGTVT is amended as follows:
“4. The operator shall
assign a crew member to a floor-level exit. In a case where a crew member is
assigned to two floor-level exits, the operator shall demonstrate the
equivalent safety requirements approved by the CAAV in the operations manual.”
7. Items 3, 4 Point b
Paragraph 13.025 Part 13 of Circular No. 01/2011/TT-BGTVT is amended as
follows:
“3. Persons with reduced
mobility;
4. Persons requiring medical
oxygen.”
8. Point b Paragraph 13.027
in Part 13 of Circular No. 01/2011/TT-BGTVT is annulled.
9. The name of Point a
Paragraph 13.030 Part 13 of Circular No. 01/2011/TT is amended as follows:
“a. No person may allow a
person of reduced mobility to occupy seats where their presence could:”
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“13.035 EXIT ROW SEATINGS”
11. Items 1, 6 Point a
Paragraph 13.043 Part 13 of Circular No. 01/2011/TT-BGTVT is amended as
follows:
a. Item 51 Point a Paragraph
13.043 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“1. Smoking prohibitions;”
b. Item 6 Point a Paragraph
13.043 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“6. If flight is above
12,000 feet (3,600 m) MSL, the normal and emergency use of oxygen; and”
12. The name of Appendix 1
to 13.035 Part 13 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“13.035 EXIT ROW SEATINGS”
13. The name of Point a
Appendix 1 to 13.035 Part 13 of Circular No. 01/2011/TT-BGTVT is amended as
follows:
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APPENDIX XIV
AMENDMENTS TO VARS PART 14
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Appendix 1 to 14.071 is
added to Section 1 of Appendix IX issued together with Circular No.
56/2018/TT-BGTVT as follows:
“APPENDIX 1 TO 14.071 UPSET
PREVENTION AND RECOVERY TRAINING (UPRT)
a. Definition, description
of unusual conditions of aircraft requiring recovery and prevention.
b. Knowledge, skills and
awareness of situations in recognition, prevention of recovery.
c. Completion criteria for recognition,
prevention and recovery.
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dd. Flight simulation
training device (FSTD) requirements.
e. FSTD training
requirements.
g. Develop specific
situations to explain, assign responsibility, and coordinate the pilot in
aircraft recovery.
h. Develop training
scenarios on aircraft status; completion criteria; review requirements for the
setup and installation of FSTD; common errors made by instructors and trainees.
”
2. Paragraph 14.097 of Part
14 of Circular No. 01/2011/TT-BGTVT is amended as follows:
"a. No person may
serve nor may any person use a person as a flight dispatcher unless, since the
beginning of the 12th calendar month before that service, that person has
observed, on the flight deck, the conduct a minimum of two complete flights
over routes representative of those for which that person is assigned duties.
b. The flight should include
landings at as many aerodromes, heliports or landing sites as practicable.
c. For the purpose of the
qualification flight, the flight dispatcher shall be able to:
1. Monitor the flight crew
intercommunication system and radio communications; and
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3. Items 1 and 2 Point b
Paragraph 14.169 in Section 3 of Appendix X issued together with Circular No.
21/2017/TT-BGTVT are annulled.
APPENDIX XV
AMENDMENTS TO VARS PART 15
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 15.003 of Part
15 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
2. Item 1(iii) Point c
Appendix 1 to 15.025 in Section 7 of Appendix XI issued together with Circular
No. 21/2017/TT-BGTVT and Circular No. 03/2016/TT-BGTVT is amended as follows:
“(iii) ‘Class 3 rest
facility’ means a seat in an aircraft cabin or flight crew compartment that is
separated from passengers by at least a curtain to provide darkness and some
sound mitigation, and is not adjacent to any seat occupied by passengers.”
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AMENDMENTS TO VARS PART 16
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Point c Paragraph 16.010
Part 16 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“c. The responsibility for
operational control shall be delegated only to the pilot-in-command and to a
flight dispatcher, if the AOC holder’s approved method of control and
supervision of flight operations requires the use of flight dispatcher
personnel.”
APPENDIX XVII
AMENDMENTS TO VARS PART 17
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Item 2 Point a Appendix 2
Paragraph 17.035 of Part 17 of Circular No. 01/2011/TT-BGTVT is amended as
follows:
“2. Weight value of charter
flight shall be applied if less than 5% the number of passenger seats are used
for some particular passengers.
Table 1
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20
or more
30
or more (all adult)
Men
Women
All flights except charter
88
kg
70
kg
75
kg
Charter
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69
kg
75
kg
Children
35
kg
35
kg
35
kg
2. Paragraph 17.061 is added
to Part 17 of Circular No. 01/2011/TT-BGTVT as follows:
“17.061 TAKE-OFF OBSTACLE
CLEARANCE
a. No aeroplane should
commence a take-off at a mass in excess of that shown in the flight manual to
correspond with a net take-off flight path which clears all obstacles either by
at least a height of 10.7 m (35 ft) vertically or at least 90 m (300 ft) plus
0.125D laterally, where D is the horizontal distance the aeroplane has
travelled from the end of take-off distance available, except as provided in
point b to d inclusive.
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1. For aeroplanes with a
wingspan of less than 60m (200 ft) a horizontal obstacle clearance of half the
aeroplane wingspan plus 60 m (200 ft), plus 0.125D may be used.
2. In determining the allowable
deviation of the net take-off flight path in order to avoid obstacles by at
least the distances specified, it is assumed that the aeroplane is not banked
before the clearance of the net take-off flight path above obstacles is at
least one half of the wingspan but not less than 15.2 m (50 ft) height and that
the bank thereafter does not exceed 15°, except as provided in point e.
3. The net take-off flight
path considered is for the altitude of the aerodrome and for the ambient
temperature and not more than 50 per cent of the reported headwind component or
not less than 150 per cent of the reported tailwind component existing at the
time of take-off. The take-off obstacle accountability area defined above is
considered to include the effect of crosswinds.
b. Where the intended track
does not include any change of heading greater than 15°, obstacles at a
distance greater than 300 m (1,000 ft) on either side of the intended track
need not be cleared in the following:
1. for operations conducted
in VMC by day;
2. for operations conducted
with navigation aids such that the pilot can maintain the aeroplane on the
intended track with the same precision as for operations specified in item 1
point b herein.
c. Where the intended track
does not include any change of heading greater than 15°, obstacles at a
distance greater than 600 m (2,000 ft) on either side of the intended track
need not be cleared in the following:
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2. or in VMC by night,
except as provided in item 2 point b herein.
3. where the intended track
includes changes of heading greater than 15° for operations conducted in VMC by
day.
d. Where the intended track
includes changes of heading greater than 15° for operations conducted in IMC,
or in VMC by night, obstacles at a distance greater than 900 m (3,000 ft) on
either side of the intended track need not be cleared.
e. An aeroplane may be
operated with bank angles of more than 15° below 120 m (400 ft) above the
elevation of the end of the take-off run available, provided special procedures
are used that allow the pilot to fly the desired bank angles safely under all
circumstances. Bank angles should be limited to not more than 20° between 30 m
(100 ft) and 120 m (400 ft), and not more than 25° above 120 m (400 ft). The net
take-off flight path in which the aeroplane is banked by more than 15° should
clear all obstacles by a vertical distance of at least 10.7 m (35 ft) relative
to the lowest part of the banked aeroplane within the horizontal distance
specified in point a. The use of bank angles greater than those mentioned above
should be subject to the approval for the CAAV in the operation manual.”
APPENDIX XVIII
AMENDMENTS TO VARS PART 18
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Item 3 Point a Paragraph
18.003 of Appendix XVI issued together with Circular No. 03/2016/TT-BGTVT is
amended as follows:
“3. Dangerous goods
transport document: A document specified by the ICAO Technical Instructions for
the Safe Transportation of Dangerous Goods by Air. It is completed by the
person who offers dangerous goods for air transport and contains information
about those dangerous goods. The document bears a signed declaration indicating
that the dangerous goods are fully and accurately described by their proper
shipping names and UN numbers (if assigned) and that they are correctly
classified, packed, marked, labeled and in a proper condition for transport.”
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APPENDIX XIX
AMENDMENTS TO VARS PART 19
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Point b Paragraph 19.063
in Section 1 of Appendix X issued together with Circular No. 56/2018/TT-BGTVT
is amended as follows:
“b. If the State of
Occurrence does not conduct an investigation, and does not delegate the
investigation to another State or a regional accident and incident
investigation organization, Vietnam as a State of Registry or, the State of
the Operator is entitled to request in writing the State of Occurrence to
delegate the conducting of such investigation. If the State of Occurrence
gives express consent or does not reply to such a request within 30 days,
Vietnam should institute and conduct the investigation with such information as
is available.”
2. Point d Paragraph 19.113
Part 19 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“d. In situations where
Vietnam is either the State of Registry or the State of the Operator, if it is
determined that the civil aviation authorities of the State of Occurrence is
not aware of a serious incident, the CAAV shall forward a notification of such
an incident to the:”
3. Points a and k Paragraph
19.115 Part 19 of Circular No. 01/2011/TT-BGTVT is amended as follows:
a. Point a Paragraph 19.115
of Circular No. 01/2011/TT-BGTVT is amended as follows:
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b. Point k Paragraph 19.115
of Circular No. 01/2011/TT-BGTVT is amended as follows:
k. Description of the
accident or serious incident and the extent of damage to the aircraft so far as
is known.”
4. Point a Paragraph 19.143
in Section 1 of Appendix XVII issued together with Circular No.
03/2016/TT-BGTVT is amended as follows:
“a. The CAAV shall
acknowledge receipt of the notification of an accident or serious incident from
the State of Occurrence.”
5. Section 24 Appendix XIV
issued together with Circular No. 21/2017/TT-BGTVT is annulled.
6. Point a Paragraph 19.245
Part 19 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. At any stage of the
investigation of an accident or incident, investigator-in-charge conducting the
investigation shall recommend to the appropriate authorities any preventive
action that it considers necessary to be taken promptly to enhance aviation
safety. This provision does not waive the responsibility of the country
conducting the investigation to consult with other countries participating in
the investigation for safety recommendations.”
7. Point d is added to
Paragraph 19.157 in Section 3 of Appendix X issued together with Circular No.
56/2018/TT-BGTVT as follows:
“d. Issuing safety
recommendations is the priority of the country conducting the investigation. In
order to prevent recurrence of accidents and incidents when participating in
accident investigation, aircraft incidents, the CAAV has the right to issue
safety recommendations after agreeing with the country to investigate the accident
or incident. Agreement on safety recommendations should be effective in order
to avoid issuing conflicting recommendations between countries participating in
the investigation.”
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“(i). An incident involving
circumstances indicating that there was a high probability of an accident and
associated with the operation of an aircraft which, in the case of a manned
aircraft, takes place between the time any person boards the aircraft with the
intention of flight until such time as all such persons have disembarked; or in
the case of an unmanned aircraft, takes place between the time the aircraft is
ready to move with the purpose of flight until such time it comes to rest at
the end of the flight and the propulsion is shut down.”
9. Point q Appendix 2 to
19.010 Part 19 of Circular No. 01/2011/TT-BGTVT is amended as follows:
APPENDIX XX
AMENDMENTS TO VARS PART 20
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Point a Paragraph 20.037
Part 20 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. In addition to the
supply of documents as required in Article 20.033 or Article 20.035 to apply
for aircraft, the applicant for the Certificate of airworthiness shall provide
to CAAV the documents related to the whole previous operation of the airplane,
engine, propeller and equipment installed on the aircraft, including:1. Total
take-off and landing cycles; total operating hours and scheduled time;
2. Aircraft maintenance
program applied to the previous maintenance of the aircraft, including the
previous periodical checks and the next one.”
“b. The operating time of
the aircraft, engine, propeller and parts of limited service life from the
manufacturing time."
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“c. The operating time and
due time of the aircraft’s equipment, engine, propeller and parts, which need
to be maintained periodically as approved by the aviation authority, from their
production and from their latest overhaul.
4. Point d Paragraph 20.037
Part 20 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“d. Detailed records on the
replacement of the main components of the aircraft including engines,
propellers, auxiliary engines, and gearboxes, and flight controls and major
parts of the structure such as wing, tail, helicopter’s propeller or drive unit
and proofs of the source, origin, of new parts for replacement.”
5. Point e Paragraph 20.037
Part 20 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“e. A summary record of all
structural failures and the causes of the failure, including: diagram number
(frame, wing, engine, propeller); location and size; repair classification
(major or minor repair); grounds for approval of repairs; repair description
(permanent, temporary, repeating status ...); if it is repeated, the next term
must be stated; if it is temporary, the flight limits must be clearly stated on
the flight date, time, and number of takeoffs and landings at the time of
repair or damage assessment; repair or evaluation record reference number.”
6. Point f Paragraph 20.037
Part 20 of Circular No. 01/2011/TT-BGTVT is amended as follows:
"g. Detailed records
on the results of the inspection flight for the delivery of the airplane (if
any).”
APPENDIX XXI
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1. Point a Paragraph 21.003
Part 21 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
2. The name of Appendix 2 to
21.157 Part 21 of Circular No. 01/2011/TT-BGTVT is amended as follows:
“APPENDIX 2 TO 21.157: FORM
1 AUTHORIZED RELEASE CERTIFICATE”
3. Appendix 2 to 21.157 Part
21 of Circular No. 01/2011/TT-BGTVT is amended as follows:
APPENDIX XXII
AMENDMENTS TO VARS PART 22
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
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“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”
2. Item 6 is added to Point
a Paragraph 22.170 of Part 22 of Circular No. 01/2011/TT-BGTVT as follows:
“6. There are no safety
concerns in the area of aircraft licensing, airworthiness, and operations
according to the ICAO database or the aircraft operator's national aviation
authority.”
APPENDIX XXIII
AMENDMENTS TO VARS PART 23
(Issued together with Circular No. 42/2020/TT-BGTVT dated December 31, 2020
of the Ministry of Transport)
1. Paragraph 23.003 of Part
23 of Circular No. 03/2016/TT-BGTVT is amended as follows:
“a. The definitions in this
Part are defined in Appendix to 1.007 of Part 1.”