Decree No. 125/2015/NĐ-CP: Authority to issue, modify and cancel the flight permit in Vietnam

According to the Decree No. 125/2015/NĐ-CP of Vietnam’s Government, authority to issue, modify and cancel the flight permit is prescribed as follows:

1. The Consular Department shall issue, modify and cancel the flight permit specified under Point a, Paragraph 2, Article 81 of the Law on Civil Aviation of Vietnam amended and added under Paragraph 18, Article 1 of the Law amending and adding some articles of the Law on Civil Aviation of Vietnam.

2. The Department of Operations shall issue, modify and cancel the flight permit specified under Point a, Paragraph 2, Article 81 of the Law on Civil Aviation of Vietnam amended and added under Paragraph 18, Article 1 of the Law amending and adding some articles of the Law on Civil Aviation of Vietnam.

3. The Civil Aviation Authority of Vietnam shall issue, modify and cancel the flight permit specified under Point c, Paragraph 2, Article 81 of the Law on Civil Aviation of Vietnam amended and added under Paragraph 18, Article 1 of the Law amending and adding some articles of the Law on Civil Aviation of Vietnam. Where the flights are carried out partially in the airway and the special flight activities in the airway, the Civil Aviation Authority of Vietnam shall issue, modify and cancel the flight permit after having the consent from the Department of Operations.

4. On days-off, holidays, after office hours or in cases of necessity, the Civil Aviation Authority of Vietnam shall authorize the air traffic flow management Center to issue, modify and cancel the flight permit for the following flights:

- The flights transporting the mechanics, engine, equipment to serve and repair the malfunctioning aircraft or transporting passengers, luggage, cargo and postal items of the malfunctioning aircraft.

- The flights for search, rescue, medical emergency aid, salvage;

- The domestic flights transferred to another aerodrome and flights for technical testing;

- The flights of Vietnamese public service aircraft;

- Modifying the following contents of flight permit: Airway, points of flight into and out of the airspace of Vietnam; change of aircraft for commercial reasons; change of aircraft for commercial reasons for the domestic flights; change of departure and arrival aerodrome outside the territory of Vietnam for the flights over the airspace of Vietnam.

The Civil Aviation Authority of Vietnam must supervise the issue of flight permit under authorization. The air traffic flow management Center shall announce the contents of the flight permit issued, modified or canceled for the national Center for flight operation management and the relevant air traffic service providers right after the issue, modification or cancellation of flight permit and prior to the expected time of flight or time to fly into the flight information region under the management of Vietnam for the flights over the airspace of Vietnam.

5. In case of necessary flight safety assurance, the air traffic controller who is directly operating the flights has the right to give the order to change the flight plan to the flying aircraft. The facility which directly operates the flights shall inform immediately the relevant area center for flight operation management of the order giving to the flights;

6. The flight permit issuing bodies must publicly announce the focal point and address of the body receiving the request for issue flight permit.

7. The Ministry of Transport shall coordinate with the Ministry of Foreign Affairs and the Ministry of Defense to stipulate the order and procedures for issuing, modifying and canceling the flight permit of the flights specified in sections 1, 2 and 3.

View more details at the Decree No. 125/2015/NĐ-CP of Vietnam’s Government, effective from January 26, 2016.

Thuy Tram

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