CIRCULAR

AVIATION STAFF; AVIATION STAFF TRAINING AND ASSESSMENT

Pursuant to the Law on Vietnam Civil Aviation No. 66/2006/QH11 dated June 29, 2006; Law on amendments to some Articles of the Law on Vietnam Civil Aviation No. 66/2006/QH11 dated November 21, 2014;

Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 on aviation authorities;

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

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

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

The Minister of Transport hereby promulgates a Circular on aviation staff; aviation staff training and assessment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for aviation staff; aviation staff training and assessment.

Article 2. Regulated entities

This Circular applies to aviation staff, organizations and individuals related to aviation staff training and assessment.

Article 3. Abbreviations

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

1. “ADS-B stands” for Automatic Dependent Surveillance - Broadcast.

2. “AFTN” stands for Aeronautical Fixed Telecommunication Network.

3. “AIP” stands for Aeronautical Information Publication.

4. “AIS” stands for Aeronautical Information Service.

5. “AMHS” stands for Air Traffic Service Message Handling System.

6. “ATFM” stands for Air Traffic Flow Management.

7. “CNS” stands for Communication, Navigation, Surveillance.

8. “DME” stands for Distance Measuring Equipment.

9. “FDP” means Flight Plan Data Processing.

10. “GBAS” stands for Ground Based Augmentation System.

11. “HF A/G” stands for High Frequency Air/Ground.

12. “IATA” stands for International Air Transport Association.

13. “ICAO” stands for International Civil Aviation Organization.

14. “ILS” stands for Instrument Landing System.

15. “ILS/DME/Marker” stands for Instrument Landing System/Distance Measuring Equipment/Marker.

16. “NDB” stands for Non Directional Radio Beacon.

17. “NOTAM” stands for Notice to Airmen.

18. “OJT” stands for On-Job-Training.

19. “PSR” stands for Primary Surveillance Radar.

20. “RDP” stands for Radar Data Processing.

21. “SSR” stands for Secondary Surveillance Radar.

22. “VHF A/G” stands for Very High Frequency Air/Ground.

23. “VOR” stands for Very High Frequency Omnidirectional Radio Range.

24. “VCCS” stands for Voice Communication Control System.

Article 4. Definitions

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

1. “rating” means the competency of an aviation staff member being certified conformable with all requirements for performing his/her tasks according to the title written in his/her aviation staff license.

2. “initial training program” means a training program including 02 (two) parts: general knowledge of civil aviation and professional training for aviation staff. After completing the program, learners shall be issued with a professional certificate.

3. “rating training program” means a program intended to provide training for aviation staff issued with a professional certificate to take a rating test as prescribed.

4. “recurrent training program” means a training program intended to review knowledge and update new aviation knowledge in order for an aviation staff member to maintain his/her competency according to the issued rating.

5. “refresh training program” means a program intended to provide training for aviation staff having an interval in excess of the prescribed time to refresh their ability to perform their professional duties.

6. “transition training program” means a program intended to provide training for aviation staff upon transition of their position or rating.

7. “familiarization flight training program” means a program intended to provide training for air traffic controllers to learn about activities of a cockpit crew during a commercial flight.

8. “aviation staff training institution” (hereinafter referred to as “training institution”) means an institution that is eligible for providing aviation staff training as prescribed by the law on business lines subject to conditions in the civil aviation industry.

9. “aviation staff assessment” means an assessment carried out to issue licenses, ratings or certificate of English language proficiency to aviation staff.

Article 5. Teaching time, conversion of teaching time

1. Teaching time specified in a training program shall be expressed in hours.

2. Conversion of teaching time: 45 minutes in reality are considered 01 (one) hour of theory class; 60 minutes in reality are considered 01 (one) hour of practice class.

Chapter II

AVIATION STAFF

Article 6. Titles of aviation staff

1. Flight crew members.

2. Flight instructors.

3. Cabin crew members.

4. Aircraft and aircraft equipment repairmen and maintenance technicians.

5. Flight dispatchers.

6. Air traffic controllers.

7. Aeronautical information officers.

8. Staff responsible for aeronautical maps, charts and data.

9. Communication, navigation and surveillance officers.

10. Aviation meteorologists.

11. Flight procedure designers.

12. Aviation search and rescue officers.

13. Aviation security inspectors.

14. Operators of aviation vehicle/equipment regularly operating in restricted areas of an airport/aerodrome.

15. Aircraft ground handling staff.

16. Airport/aerodrome rescue and firefighting staff.

Article 7. Tasks by titles of aviation staff

1. Aviation security inspectors shall carry out security inspection and screening, maintain order, patrol and stand guard at airports, aerodromes and other facilities in accordance with regulations specified in legislative documents about aviation security.

2. Operators of aviation vehicle/equipment regularly operating in restricted areas of an airport/aerodrome shall operate aviation vehicles/equipment in restricted areas of an airport/aerodrome in accordance with regulations specified in legislative documents about airport/aerodrome management and operation.

3. Aircraft ground handling staff shall supervise aircraft ground handling services; inspect and follow procedures for transporting passengers, luggage and cargo at airports/aerodromes; balance aircraft load; check dangerous cargos before loading them onto an aircraft; clean aircraft; provide guidelines for loading and unloading of luggage and cargos.

4. Airport/aerodrome rescue and firefighting staff shall deliver a rescue and firefighting service in the event of an airport/aerodrome accident or incident.

5. The titles of aviation staff specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 Article 6 of this Circular shall perform their tasks as prescribed in legislative documents about aviation, regarding aircraft, aircraft operation and air navigation services management.

Article 8. Standards to be satisfied by aviation staff

1. The aviation staff specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 Article 6 of this Circular shall satisfy the standards prescribed in legislative documents about aviation, regarding aircraft, aircraft operation and air navigation services management.

2. The aviation staff member specified in Clause 13 Article 6 of this Circular must:

a) be a Vietnamese citizen aged 18 or older, have an explicit personal history, be physically fit and possess at least a high school diploma;

b) carry no prior conviction or administrative penalty and use no narcotics or stimulants;

c) be granted the aviation security inspector license by the Civil Aviation Administration of Vietnam.

3. The aviation staff specified in Clauses 14, 15 and 16 Article 6 of this Circular must satisfy the following standard:

a) They must be Vietnamese citizens aged 18 or older, have an explicit personal history, be physically fit and possess at least a high school diploma;

b) They must carry no prior conviction or administrative penalty and use no narcotics or stimulants;

c) The aviation specified in Clause 14 Article 6 of this Circular must be granted a license for operation of aviation vehicle/equipment regularly operating in restricted areas of an airport/aerodrome;

d) The aviation staff specified in Clauses 15 and 16 Article 6 of this Circular must obtain a professional certificate set forth in Clause 1 Article 9 of this Circular.

Article 9. Professional certificate and Certificate of English language proficiency

1. The professional certificate mentioned in this Circular includes one of the following types:

a) Certificate of completion of initial aviation training program issued by a training institution licensed by the Civil Aviation Authority of Vietnam, adopting the sample in the Appendix 01 hereof;

b) Certificate issued by a training institution recognized by ICAO or IATA or a foreign training institution recognized by the Civil Aviation Authority of Vietnam as prescribed in Article 14 of this Circular;

c) Certificate of operation of aviation vehicle/equipment issued by the vehicle/equipment manufacturer;

d) Certificate of completion of basic aviation training program issued by a training institution in Vietnam as prescribed by the law on higher education and vocational education.

2. The professional certificates prescribed in Points b, c and d Clause 1 of this Article will be recognized in Vietnam if certificate holders are provided with supplemental training in the contents that have not yet been trained according to the initial aviation training program at the training institution licensed by the Civil Aviation Authority of Vietnam.

3. The certificate of English language proficiency specified in this Circular shall be issued to aviation staff by the General Director of the Civil Aviation Authority of Vietnam adopting the sample in the Appendix 02 hereof.

Article 10. Aviation staff license

1. An aviation staff member will be issued with the aviation staff license if he/she:

a) satisfies the standards specified in Article 8 of this Circular;

b) takes and passes the assessment test to be issued with the aviation staff license and rating by the Civil Aviation Authority of Vietnam.

2. An aviation staff license includes the following contents:

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

b) The licensing authority;

c) Name of the license;

d) License number;

d) Date of issue, effective period of the license (if any);

e) Full name, date of birth, place of birth, address and nationality of the licensee;

g) Rating;

h) Signature of the licensee and seal of the licensing authority;

i) The licensee’s photo bearing the affixed seal;

k) Other requirements mentioned in legislative document about aviation.

3. The titles of aviation staff specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 Article 6 of this Circular must carry their aviation staff license upon performance of their tasks.

4. The aviation staff other than those specified in Clause 3 of this Article must carry an appropriate professional certificate upon performance of their tasks.

Article 11. List and effective period of aviation staff license and rating

1. The list of aviation staff license and rating is provided in the Appendix 03 to this Circular.

2. The aviation staff license will be valid if the rating remains valid. The aviation staff license set forth in Clause 14 of this Circular shall remain valid for 07 (seven) years.

Chapter III

AVIATION STAFF TRAINING

Article 12. Aviation staff training programs

1. Aviation staff training programs include:

a) Initial training program intended to issue professional certificates;

b) Aviation staff rating training program;

c) Aviation staff refresh training program;

d) Aviation staff transition training program;

dd) Aviation staff recurrent training program;

e) Familiarization flight training program intended to provide training for air traffic controllers.

2. The training programs intended to provide training for the titles of aviation staff specified in Clauses 1, 2, 3, 4, 5, 6 and 13 Article 6 shall comply with regulations specified in legislative documents about aviation. Aviation staff training program intended to provide training for the remaining titles of aviation staff shall comply with regulations mentioned in Appendix 04 and Appendix 05 to this Circular.

Article 13. Aviation staff training textbooks

Aviation staff training textbooks shall be promulgated by training institutions and conformed to the training program specified in Clause 2 Article 12 and Clause 1 Article 21 of this Circular.

Article 14. Recognition of foreign training institutions

The Civil Aviation Authority of Vietnam shall, according to legislative documents about aviation and international treaties to which the Socialist Republic of Vietnam is a signatory, recognize foreign training institutions providing training for Vietnamese aviation staff.

Article 15. Online training of aviation staff

A training institution will be allowed to provide online training in theory if it satisfies the following requirements:

1. Instructors must be able to organize and manage classes and have online teaching skill.

2. Contents of electronic textbooks and documents must be conformable with the training program specified in Clause 2 Article 12 and Clause 1 Article 21 of this Circular.

3. Infrastructure, equipment and technologies, including e-learning web portal, server system and Internet infrastructure must satisfy online teaching requirements.

4. An online training procedure should be established.

Chapter IV

AVIATION STAFF ASSESSMENT

Article 16. Assessment council

1. The General Director of the Civil Aviation Authority of Vietnam shall establish an assessment council to carry out professional assessment and English language proficiency assessment to issue license and rating to aviation staff.

2. The Civil Aviation Authority of Vietnam is allowed to employ infrastructure and experts of domestic and foreign organizations to assess aviation staff.

3. Upon the assessment, at least 2/3 of the council’s members must participate and make a decision under the majority rule. In case of an equality of votes, the President of the council shall cast the deciding vote.

Article 17. Tasks of assessment council

1. Formulate and promulgate working regulation of the assessment council.

2. Establish a team responsible for carrying out professional assessment and English language proficiency assessment.

3. Organize formulation of assessment plan, procedure and content, and design of tests and answer key and submit them to the General Director of the Civil Aviation Authority of Vietnam for promulgation.

4. Carry out assessment and report assessment results to the General Director of the Civil Aviation Authority of Vietnam for issuance of professional license, rating and certificate of English language proficiency to aviation staff.

5. The President of the assessment council shall be responsible to the General Director of the Civil Aviation Authority of Vietnam for selection of assessors and assessment results.

Article 18. Tasks of assessment team

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

2. Carry out professional assessment and English language proficiency assessment, and re-grade assessment tests (if any).

3. Consolidate assessment results and report them to the assessment council.

4. The leader of the assessment team shall be responsible to the assessment council for assessment results.

Article 19. Standards to be satisfied by assessors

1. A professional assessor must:

a) possess political and ethical credentials and incur no disciplinary penalties in the last 03 (three) years;

b) possess a certificate relevant to the assessment;

c) have at least 03 (three) years of experience in a position relevant to the assessment;

2. An English language proficiency assessor must:

a) be an expert in the corresponding aviation, have at least 05 (five) years of experience, a degree in English language or equivalent document and certificate of aviation English language proficiency issued by the training institution recognized by ICAO or Civil Aviation Authority of Vietnam;

b) be an English teacher having at least 05 (five) consecutive years of teaching English at universities and the certificate of aviation English language proficiency issued by the training institution recognized by ICAO or Civil Aviation Authority of Vietnam.

Chapter V

IMPLEMENTATION CLAUSE

Article 20. Responsibility of training institutions

1. Report any changes to the application for issuance of the certificate of eligibility for provision of aviation staff training to the Civil Aviation Authority of Vietnam in accordance with regulations of the law on aviation.

2. Design and promulgate training textbooks according to Clause 2 Article 12 and Clause 1 Article 21 of this Circular.

3. Provide aviation staff training program and issue professional certificates as prescribed in this Circular.

4. Adopt solutions for improving aviation staff training quality.

5. Notify the Civil Aviation Authority of Vietnam of result of provision of aviation staff training; plans and solutions for ensuring and improving training quality before December 15.

6. Keep aviation staff training records as prescribed by the law on archives.

7. Be subject to inspection and supervision by the Ministry of Transport, Civil Aviation Authority of Vietnam and competent agencies in accordance with applicable regulations.

Article 21. Responsibility of Civil Aviation Authority of Vietnam

1. Promulgate detailed aviation staff training programs.

2. Inspect and supervise the assessment and issuance of licenses, ratings or certificates of English language proficiency to aviation staff.

3. Establish database, invest in equipment and infrastructure, and apply information technology to manage aviation staff and training institutions.

Article 22. Transition clauses

Any training institutions issued with a certificate by the Civil Aviation Authority of Vietnam shall complete all training programs and textbooks as prescribed in this Circular within 06 months from the effective date of this Circular.

Article 23. Effect

This Circular comes into force from May 10, 2018 and replaces the Circular No. 61/2011/TT-BGTVT dated December 21, 2011 of the Minister of Transport.

Article 24. Responsibility for implementation

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

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