Part 01 General Policies Procedures and Definitions
Part 01 General Policies Procedures and Definitions
SUBPART A: GENERAL
(d) Each Part shall, as indicated in the particular Part, apply to all persons
operating or maintaining the following:
(1) AOC issued by CAAV;
(2) Aircraft operation, maintenance registered Vietnamese nationality;
(3) AOC issued by the CAAV, operating aircraft registered with
nationality that is a member of ICAO and are maintained in
accordance with the standards of the aircraft State of Registry,
wherever that maintenance is performed, except when there is
another agreement in place.
(4) Aircraft of foreign nationality that is a member of ICAO and operates
in Vietnam.
1.007 DEFINITIONS
(a) The definitions provided in Appendix 1 for Article 1.007 of this Part apply
to all requirements included in the aviation safety regulations.
(b) Acronyms in this Subsection applicable to all requirement in this Aviation
safety regulations;
Note: Appendix 2 of Subsection 1.007 about explanation of Acronyms
and abbreviations.
(c) The following words and phrases, where found in these regulations,
outline the authority delegated to the CAAV:
(1) Acceptance: In these Parts, identifies documents, portions of
documents, formal procedures, facilities, equipment, or personnel
that must be found satisfactory by a technical review of the CAAV
prior to use in aviation;
(2) Approval. A formal document issued by the CAAV based on a prior
technical evaluation that authorizes the use of documents, portions
of documents, policies or formal procedures related to air worthiness
and aircraft operation;
1.010 APPLICABILITY
(a) This subpart outlines the delegation of responsibility and authority of the
CAAV to ensure compliance with the aviation safety regulations.
(b) This subpart refers possible enforcement actions. The actual enforcement
processes and penalties that may be administered with respect to these
regulations are located in an administrative enforcement decree.
1.030 APPLICABILITY
(a) This subpart outlines the delegation of responsibility and authority of the
CAAV to ensure compliance with the aviation safety regulations.
1.050 APPLICABILITY
(a) This subpart provides the general administrative rules applicable to the
documentation issued by the CAAV.
1.080 APPLICABILITY
(a) This subpart provides the general testing requirements applicable to
aviation personnel and organizations subject to these regulations.
1.090 APPLICABILITY
(a) This subpart prescribes procedures for the issuance, modification and
termination of exemptions or deviations from the requirements of the
aviation regulations
(b) Exemptions and deviations in aircraft operations and maintance
(abbreviated as waiver) for the operators with AOC certified by the CAAV,
Maintenance Organisation approved in accordance to Part 5; and aircraft
with Vietnamese nationality include the following details:
(1) Discrepancy to procedures in operation manual (OM), maintenance
management exposition (MME) of AOC holder or maintainance
organization exposition approved by the CAAV;
(2) Operating the aircraft over the limit specified in MEL/CDL (MEL –
Minimum equipment list /CDL – Component discrepancy list) as well
as other limits have been specified in maintainance data (AMM, IPC,
SRM...);
(3) Prolong the limit time aircraft maintenance/component stipulated in
Aircraft maintenance system approved by the CAAV.
(4) Discrepancies of the aircraft maintance equipment, component list
compared to those approved by the CAAV.
(3) Whether the approval of the alternative method will be in the public
interest; and
(4) Recommendations for the final form of a decision.
1.130 APPLICABILITY
(a) This subpart prescribes the general requirements and administrative rules
applicable to the use of licenses, certificates, approvals, designations, or
authorization issued by another ICAO member as the basis for the
issuance of similar documents by the CAAV.
1.160 APPLICABILITY
(a) This subpart prescribes the requirements the general requirements and
administrative rules for designating private persons to act as
representatives of the CAAV in evaluating, examining, inspecting, and
testing persons, aircraft and organizations for the purpose of issuing
licenses, certificates or authorizations.
(b) The requirements of this Subpart may also be used to designate a unit of
an organization to perform certain functions on behalf of the CAAV.
1.165 SELECTION
(a) The CAAV will assess the experience, training and commitment of these
persons before issuing a designation to perform on behalf of the CAAV.
This assessment shall determine if the nominated designee:
(1) Has sufficient facilities, resources, and personnel, to perform the
functions for which authorization are requested;
(2) Has sufficient experience with CAAV requirements, processes, and
procedures to perform the functions for which authorization is
requested; and
(3) Has sufficient, relevant experience to perform the functions for which
authorization is requested.
(b) The CAAV may select or designate representatives to perform aviation
safety inspection in accordance to the standards in Apendix of Subsection
1.033.
(c) In the case of being designated by the CAAV to perform aviation safety
inspection as well as being aviation personnel of aircraft operators or
relevant maitanance organisations, designated persons must commit
mimnimum 30% of his/her monthly working hours to aviation safety
inspection duty in order to conduct tasks given by the CAAV when
required.
(d) During performing the aviation safety inspection tasks requested by the
CAAV, aircraft operators and maintance organisations must maintain the
equivelant level of benefits for aviation safety inspectors as normal
working hours.
1.167 CERTIFICATION
(a) A “Certificate of Authority” shall be issued to each designee specifying the
kinds of designation for which the person concerned is qualified and
stating an expiration date.
(b) Each designee shall also be provided a “Certificate of Designation” for
display purposes, designating the holder as an authorized person and
specifying the kind of designation for which he is qualified.
1.173 REPORTS
(a) The designated representative shall make such reports as are prescribed
by the CAAV.
(b) The designated representative shall retain a copy of all documentation
1.175 PRIVILEGES
(a) A designated representative may, within limits prescribed by, and under
the general supervision of the CAAV as appropriate to and within the
limits of his designation:
(1) Perform authorized functions an any authorized location;
(2) Accept applications;
(3) Conduct evaluations, examinations, tests and/or inspections;
(4) Issue or deny licenses or authorisations;
(5) Approve technical documents;
(6) Charge a fee for his or her services in accordance to the law.
1.177 INSPECTION
(a) At any time and for any reason, the CAAV may inspect a designated
representative in the performance of his authorized functions and his
records.
(b) The CAAV has unrestricted access to the designated representative’s
location, personnel, records and function in support of the requirement of
paragraph (a).
(c) To facilitate inspections, the designated representative shall provide the
CAAV with timely prior notification of the time and location where the
performance of an authorized function is planned.
1.180 APPLICABILITY
(a) The following organizations shall implement a Safety Management
System (SMS) in support of the State Safety Program of Vietnam:
(1) Approved training organizations certificated in accordance with Part
9 of these regulations that areexposed to safety risks related to
aircraft operations during the provision of their services;
(2) Operators of aeroplanes or helicopters certificated in accordance
with Part 12 of these regulations, to conduct international
commercial air transport, including any maintenance activities not
conducted by an approved maintenance organization;
(3) Approved maintenance organizations certificated in accordance with Part 5
of these regulations and providing services to operators of aeroplanes or
helicopters engaged in international commercial air transport;
1.190 APPLICABILITY
(a) This Subpart prescribes procedures for the addition, amendment or
deletion of requirements to these regulations to:
(1) Maintain conformance to the applicable ICAO Annex Standards;
(2) Incorporate the applicable ICAO Annex Recommended Practices;
(3) Incorporate published and relevant international safety practices
critical to aviation safety;
(4) Incorporate requirements specific to the Vietnam aviation
environment identified as necessary to the public interest and safety;
and
(5) Replace or delete requirements that are no longer applicable.
(b) Interested parties of the Vietnam aviation community are invited to submit
proposed regulatory requirements for inclusion in the rule making
process.
APPENDICE
(52) Air traffic control service: A service provided for the purpose of:
(i) Preventing collisions;
(ii) On the manoeuvring area between aircraft and obstructions;
(iii) Expediting and maintaining an orderly flow of air traffic;
(iv) Provide consulting and useful information for the
implementation of flight safety and efficiency;
(v) Notify the relevant agencies and units of aircraft need to
search and rescue and support agencies, units as required.
(53) Aerodrome control service: Air traffic control service for
aerodrome traffic;
(54) Approach control service: Air traffic control service for arriving or
departing controlled flights;
(55) Ground handling: Services necessary for an aircraft’s arrival at,
and departure from, an airport, other than air traffic services;
(56) Flight information service: A service provided for the purpose of
giving advice and information useful for the safe and efficient
conduct of flights;
(57) Air traffic advisory service: A service provided within advisory
airspace to ensure separation, in so far as practical, between aircraft
which are operating on IFR flight plans;
(58) Take-off alternate: An alternate aerodrome at which an aircraft can
land should this become necessary shortly after take-off and it is not
possible to use the aerodrome of departure;
(59) Destination alternate: An alternate aerodrome to which an aircraft
may proceed should it become either impossible or inadvisable to
land at the aerodrome of intended landing;
(60) En-route alternate: An aerodrome at which an aircraft would be
able to land after experiencing an abnormal or emergency condition
while en route;
(61) En-route alternate: An aerodrome at which an aircraft would be
able to land after experiencing an abnormal or emergency condition
while en route;
(62) Airworthiness data: Any information necessary to ensure that an
aircraft or aircraft component can be maintained in a condition such
that airworthiness of the aircraft, or serviceability of operational and
emergency equipment, as appropriate, is assured;
(63) Approved data. Technical information approved by the CAAV;
(64) Aerodrome control service: A unit established to provide air traffic
control service to aerodrome traffic;
(65) Distribution agency: Not applicable;
(66) Handling agent: A person, organization or enterprise engaged in or
for sufficient time for the pilot to have made an assessment of the
aircraft position and rate of change of position, in relation to the
desired flight path. In the case of a circling approach the required
visual reference is the runway environment.
Note 3: For convenience when both expressions are used they may
be written in the form“minimum descent altitude/height” and
abbreviated “MDA/H”.
(83) Obstacle clearance altitude (OCA) or obstacle clearance height
(OCH): The lowest altitude or the lowest height above the elevation
of the relevant runway threshold or the aerodrome elevation as
applicable used in establishing compliance with appropriate obstacle
clearance criteria.
(i) Obstacle clearance altitude is referenced to mean sea level
and obstacle clearance height is referenced to the threshold
elevation or in the case of non-precision approaches to the
aerodrome elevation or the threshold elevation if that is more
than 2 m (7 ft) below the aerodrome elevation;
(ii) An obstacle clearance height for a circling approach is
referenced to the aerodrome elevation;
(iii) For convenience when both expressions are used they may be
written in the form “obstacle
(iv) clearance altitude/height” and abbreviated “OCA/H”.
(84) Decision altitude/height (DA/H): A specified altitude or height in
the precision approach or approach with vertical guidance at which
a missed approach must be initiated if the required visual reference
to continue the approach has not been established. Decision altitude
(DA) is referenced to mean sea level and decision height (DH) is
referenced to the threshold elevation. For convenience where both
expressions are used they may be written in the form “decision
altitude/ height” and abbreviated “DA/H”.
(85) Altitude: The vertical distance of a level to a point or an object
considered as a point.
(86) Altitude from mean sea level: The vertical distance of a level, a
point or an object considered as a point, measured from mean sea
level (MSL).
(87) In flight service goods: All items, other than catering supplies,
associated with passenger in-flight services that include
newspapers, magazines, headphones, audio and video tapes,
pillows and blankets, amenity kits.
(88) Advisory route: A designated route along which air traffic advisory
service is available;
(89) Air traffic service route (ATS): A specified route designed for
channelling the flow of traffic as necessary for the provision of air
traffic services.
(90) Runway: A defined rectangular area on a land aerodrome prepared
for the landing and take-off of aircraft;
(91) Airway: A control area or portion thereof established in the form of a
corridor.
(92) Taxiway: A defined path on a land aerodrome established for the
taxiing of aircraft and intended to provide a link between one part of
the aerodrome and another
(93) Survival ELT (ELT(S)): An ELT which is removable from an aircraft,
stowed so as to facilitate its ready use in an emergency, and
manually activated by survivors;
(94) Automatic fixed ELT [ELT (AF)]: An automatically activated ELT
which is permanently attached to an aircraft;
(95) ) Automatic deployable [ELT(AD)]: An ELT which is rigidly
attached to an aircraft and which is automatically deployed and
activated by impact, and, in some cases, also by hydrostatic
sensors. Manual deployment is also provided;
(96) Automatic portable [ELT(AP)]: An automatically activated ELT
which is rigidly attached to an aircraft but readily removable from the
aircraft;
(97) Approach and landing phase — helicopters: That part of the
flight from 300 m (1 000 ft) above the elevation of the FATO, if the
flight is planned to exceed this height, or from the commencement of
the descent in the other cases, to landing or to the balked landing
point;
(98) Accountable manager: The manager who has corporate authority
for ensuring that all safety-related functions of the organization can
be financed and carried out to the standard required;
(99) Operational control: The exercise of the CAAV in the interest of
the safety of the aircraft and the regularity and efficiency of the flight
(100) Automatic dependent surveillance (ADS): A surveillance
technique in which aircraft automatically provide, via a data link,
data derived from on board navigation and position fixing systems,
including aircraft identification, 04 dimensional position and
additional data as appropriate.
(101) Category of certificate: Certificate for an aircraft, including the
design, the limitation of operation, type certificate data sheet,
airworthiness standards and any conditions or restrictions apply to
aircraft type such as Vietnam defined or recognized.
(102) Air operator certificate (AOC): A certificate authorizing an operator
to carry out specified commercial air transport operations;
(103) Maintenance Certificate: A document confirming that the
maintenance work, depending on the completed level as expected,
(118) Engine system: A system of one or more engines and related parts
to produce thrust, continuous operation independent of other air
units, but does not include devices generate thrust in a short time.
(119) Safety management system: A systematic approach to managing
safety, including the necessary organizational structures,
accountabilities, policies and procedures;
(120) Powerplant: An engine that is used or intended to be used for
propelling aircraft. It includes turbosuperchargers, appurtenances,
and accessories necessary for its functioning, but does not include
propellers;
(121) Airborne collision avoidance system (ACAS): An aircraft system
based on secondary surveillance radar (SSR) transponder signals
which operates independently of ground-based equipment to
provide advice to the pilot on potential conflicting aircraft that are
equipped with SSR transponders;
(122) Record: Any writings, drawings, maps, recordings, films, pictures or
other electronic media or microfilm used to store information.
(123) Airport activity: Are all operating on the movement area of an
aircraft at an airport and all aircraft flying in the vicinity of an airport
area. An aircraft is considered to be in the vicinity of an area airport
when the aircraft is flying in, flying out of the airport operation
perimeter.
(124) Approach and landing operations using instrument approach
procedures Instrument approach and landing operations are
classified as follows:
(i) Non-precision approach and landing operations. An instrument
approach and landing which utilizes lateral guidance but does
not utilize vertical guidance;
(ii) Approach and landing operations with vertical guidance. An
instrument approach and landing which utilizes lateral and
vertical guidance but does not meet the requirements
established for precision approach and landing operations;
(iii) Precision approach and landing operations. An instrument
approach and landing using precision lateral and vertical
guidance with minima as determined by the category of
operation..
(125) Non commercial general aviation operation: is the general
aviation operation not for commercial purpose.
(126) General aviation: General aviation is defined as all civil aviation
operations other than scheduled air services and non-scheduled air
transport operations for remuneration or hire. General avivation
associated with specialized services such as industry, agriculture,
sylviculture, piscicuture, construction, photography, surveying,
observation and patrol, search and rescue, aerial development,
above the land areas or territorial waters of a State, within which the
flight of aircraft is restricted in accordance with certain specified
conditions;
(159) Manoeuvring area: That part of an aerodrome to be used for the
take-off, landing and taxiing of aircraft, excluding aprons;
(160) Terminal control area: A controlled area that would normally be set
at the point where most of the ATS routes adjacent to one or more
major airports.
(161) Danger area: An airspace of defined dimensions within which
activities dangerous to the flight of aircraft may exist at specified
times;
(162) Required visual reference: For instrument approaches, this term
means that section of the visual aids or of the approach area which
should have been in view for sufficient time for the pilot to have
made an assessment of the aircraft position and rate of change of
position, in relation to the desired flight path. In Category III
operations with a decision height the required visual reference is
that specified for the particular procedure and operation;
(163) Final approach and take-of area (FATO): A defined area over
which the final phase of the approach manoeuvre to hover or
landing is completed and from which the take-off manoeuvre is
commenced. Where the FATO is to be used by performance Class
1 helicopters, the defined area includes the rejected take-off area
available;
(164) Signal area: An area on an aerodrome used for the display of
ground signals;
(165) Airframe: The fuselage, booms, nacelles, cowlings, fairings, airfoil
surfaces (including rotors but excluding propellers and rotating
airfoils of a powerplant), and landing gear of an aircraft and their
accessories and controls.
(166) Knowledge test: A test on the aeronautical knowledge areas
required for an airman licence or rating that can be administered in
written form or by a computer;
(167) Practical test: A competency test on the areas of operations for a
licence, certificate, rating, or authorisation that is conducted by
having the applicant respond to questions and demonstrate
manoeuvres in flight, in an approved flight simulator, or in an
approved flight training device, or in a combination of these;
(168) Pre-flight inspection: The inspection carried out before flight to
insure that the aircraft is fit for the intended flight;
(169) Aviation inspector: Competent personnel employed by the
operator and authorized by the CAAV to do inspection.
(170) Inspector: A qualified individual authorized by the CAAV to inspect
350 m;
(184) Category IIIA (CAT IIIA) operation: A precision instrument
approach and landing with:
(i) A decision height lower than 30 m (100 ft) or no decision
height; and
(ii) A runway visual range not less than 200 m.
(185) Category IIIB (CAT IIIB) operation: A precision instrument
approach and landing with:
(i) A decision height lower than 15 m (50 ft) or no decision
height; and
(ii) A runway visual range less than 200 m but not less than 50 m.
(186) Category IIIC (CAT IIIC) operation: A precision instrument
approach and landing with no decision height and no runway visual
range limitations;
(187) Aircraft type: All aircraft of the same basic design, including all
modifications there to except those modifications which result in a
change in handling or flight characteristics;
(188) Total vertical error (TVE): The vertical geometric difference
between the actual pressure altitude flown by an aircraft and its
assigned pressure altitude (flight level);
(189) Propeller driven aeroplane: A reciprocating or turbine powered
aeroplane that is derives its primary thrust from propellers;
(190) Large aeroplane: An aeroplane of a maximum certificated take-off
mass of over 5 700 kg;
(191) Small aeroplane: An aeroplane having a maximum certified take-off
mass of less than 5,700 kg;
(192) Aeroplane: A power driven heavier than air aircraft, deriving its lift
in flight chiefly from aerodynamic reactions on surfaces which
remain fixed under given conditions of flight;
(193) Emergency locator transmitter (ELT): A generic term describing
equipment which broadcast distinctive signals on designated
frequencies and, depending on application, may be automatically
activated by impact or be manually activated;
(194) VFR flight A VFR flight cleared by air traffic control to operate within
a control zone in meteorological conditions below;
(195) Flight level: A surface of constant atmospheric pressure which is
related to a specific pressure datum, 1 013.2 hPa, and is separated
from other such surfaces by specific pressure intervals. A pressure
type altimeter calibrated in accordance with the standard
atmosphere:
(i) when set to a QNH altimeter setting, will indicate altitude;
(ii) when set to a QFE altimeter setting, will indicate height above
the QFE reference datum;
(iii) when set to a pressure of 1 013.2 hPa, may be used to
indicate flight levels.
The terms “height” and “altitude” as used above, indicate altimetric
rather than geometric heights and altitudes.
(196) Performance Class-Helicopters:
(i) Performance Class 1 helicopter: A helicopter with
performance such that, in case of engine failure, it is able to
land on the rejected take-off area or safely continue the flight
to an appropriate landing area;
(ii) Performance Class 2 helicopter: A helicopter with
performance such that, in case of engine failure, it is able to
safely continue the flight, except when the failure occurs prior
to a defined point after take-off or after a defined point before
landing, in which cases a forced landing may be required;
(iii) Performance Class 3 helicopter: A helicopter with
performance such that, in case of engine failure at any point in
the flight profile, a forced landing must be performed.
(197) Level: A generic term relating to the vertical position of an aircraft
and meaning in different case of height, altitude or flight level.
(198) Civil aviation capability: an individual technical qualified and / or
management experience approved by the CAAV for the position
they are holding.
(199) Pilot in command: The pilot-in-command is a flight crewmember
designated for a flight by the operator or the aircraft owner in case of
general aviation not for commercial purposes. The pilot-in-
command shall have the highest authority on board an aircraft and
be responsible for the safety and security of the aircraft, persons
and properties on board the aircraft during the flight;
(200) Authorised person: As authorized by law to perform the duties of
aviation safety surveillance on behalf of the CAAV, including the
evaluation, inspection and investigation. These people are recruited
by the CAAV and assigned to work in flight safety. They have the
right to review, permit or supervise qualified individuals in aviation
perform tasks as a "competent person".
(201) Aircraft operator: an organization, individual engaged in the aircraft
operation;
(202) Operator: see definition of aircraft operator;
(203) Cruise relief pilot: A flight crew member who is assigned to
perform pilot tasks during cruise flight, to allow the pilot in command
or a co pilot to obtain planned rest.
(204) Security officer or security screening officer: A duly trained and
land;
(251) Design taxiing mass: The maximum mass of the aircraft at which
structural provision is made for load liable to occur during use of the
aircraft on the ground prior to the start of take-off;
(252) Runway visual range (RVR): The range over which the pilot of an
aircraft on the center line of a runway can see the runway surface
markings or the lights delineating the runway or identifying its centre
line;
(253) Flight visibility. The visibility forward from the cockpit of an aircraft
in flight;
(254) Ground visibility: The visibility at an aerodrome, as reported by an
accredited observer;
(255) Visibility: Visibility for aeronautical purposes is the greater of:
(i) The greatest distance at which a black object of suitable
dimensions, situated near the ground, can be seen and
recognized when observed against a bright background;
(ii) The greatest distance at which lights in the vicinity of 1 000
candelas can be seen and identified against an unlit
background.
(256) Rebuild: The restoration of an aircraft/aircraft component by using
methods, techniques, and practices acceptable to the CAAV, when
it has been disassembled, cleaned, inspected as permitted, repaired
as necessary, reassembled, and tested to the same tolerances and
limits as a new item, using either new parts or used parts that
conform to new part tolerances and limits. This work will be
performed by only the manufacturer or an organization approved by
the manufacturer, and authorised by the state of registry.
(257) Aeronautical Information Publication (AIP): A publication issued
by or with the authority of a State and containing aeronautical
information of a lasting character essential to air navigation;
(258) Pressurized aircraft: For airman licensing purposes, means an
aircraft that has a service ceiling or maximum operating altitude,
whichever is lower, above 25,000 feet MSL);
(259) Rotorcraft: A power driven heavier than air aircraft supported in
flight by the reactions of the air on one or more rotors;
(260) Powered-lift: A heavier than air aircraft capable of vertical takeoff,
vertical landing, and low speed flight that depends principally on
engine driven lift devices or engine thrust for lift during these flight
regimes and on nonrotating airfoil(s) for lift during horizontal flight;
(261) Cargo aircraft: Any aircraft, other than a passenger aircraft, which
is carrying goods or property;
(262) Passenger aircraft: An aircraft that carries any person other than a