2.1   General

International scheduled flights to be operated by foreign airlines into, from or over Viet Nam territory shall be subject to the permission of the Government of the Socialist Republic of Viet Nam on the basic of the Air Services Agreements and Arrangements signed with foreign States by the Socialist Republic of Viet Nam and the provisions of the laws of Viet Nam.

Flight permission application shall be submitted to Civil Aviation Authority of Viet Nam, addressed as follows:

Working hours: From Monday to Friday

1. Morning: 08h00 - 11h30 (local time)

1. Afternoon: 13h00 - 17h00 (local time)

2.2   Documentary requirements for clearance of aircraft

Notes:

1. One copy of the General Declaration is endorsed and returned by customs, signifying clearance.

2. If no passengers embarking/disembarking and no goods articles are laden (unleaded), no aircraft documents except copies of the General Declaration need to be submitted to the above Authorities.

2.3   Application for flight permission shall include:

1. Carrier/Operator: name, IATA 2 letter code, ICAO 3 letter code, postal and telegram addresses (AFTN/SITA), telephone, fax;

2. Itinerary: effective time, flight number, days of services, airport and estimated time of departure/arrival (on 24 hours basis and according to Universal Time Coordinated – UTC);

3. Aircraft: type, nationality, registration marks, configuration, maximum take-off weight and maximum payload;

4. ATS/RNAV routes: name, entry/exit points of flight into the Flight Information Regions of Viet Nam, estimated time to fly over (on 24 hours basis and according to Universal Time Coordinated – UTC);

5. Billing address: name, postal and telegram address;

6. Applicant: name, contact address.

3.1  Foreign VIP flights

An application for flight permission to operate VIP flight(s) carrying guests of the Party and States, and escorting flights or other flights associated with the VIP flight shall be submitted to the Ministry of Foreign Affairs, addressed as follows:

3.2  Foreign military and foreign military charactered flights

Application for flight permission to foreign military flight aircraft operating within the airspace of Viet Nam and to foreign unmanned aircraft shall be submitted to Ministry of National Defence, addressed as follows:

3.3  Other Non - Scheduled flights

3.4  Documents Required

Same as specified in the subsection GEN 1.2, item 2.2.

3.5  Application for flight permission shall include:

1. Carrier/Operator: name, IATA 2 letter code, ICAO 3 letter code, postal and telegram addresses (AFTN/SITA), telephone, fax;

2. Aircraft: type, nationality, registration marks, configuration, maximum take-off weight and maximum payload;

3. Itinerary: dates of flight, flight number, airport and estimated time of departure/arrival (on 24-hour basis – UTC);

4. ATS/RNAV routes: name of ATS/RNAV routes, entry/exit points of flight into the Flight Information Region(s) of Viet Nam, estimated time to fly over (on 24 hours basis – UTC);

5. Cockpit crew: name and nationality (only requested in case the aircraft is privately owned);

6. Purpose of flight (only requested to flight to operate outside air traffic service routes);

7. Flight chart/Area of generation aviation operation (only requested to flight operated outside air traffic service routes);

8. Billing address: name, postal and telegram addresses;

9. Applicant: name, contact address.

3.6  Application for flight permission in respect of balloon shall contain the following information:

1. These as specified in item 3.5 above;

2. Aerodromes of departure and landing or location from which the balloon becomes detached (with reference to VN2000 or WGS 84 coordinates);

3. Period of operation (time, date, month, year);

4. Maximum altitude;

5. Airways, flying direction;

6. Identification features;

7. Communication equipment;

8. Other noteworthy information.

4.1  

Operator/carrier shall submit an application to the appropriate authorities of Viet Nam with respective addresses indicated in items 2.1, 3.1, 3.2 and 3.3. The operator/carrier can delegate other persons by written form to apply for flight permission.

4.2  

In the event of in-flight emergency, pilot may request for flight approval to make landing at the nearest civil airports of Viet Nam or to change the details of issued permission through direct contact with the appropriate ATS unit of Viet Nam.

4.3  

In case the time for application submission defined in the item 4.1 is not complied with, the application may be not considered or be refused.

5.1  

Each flight operation validity shall be defined in accordance with granted flight permission.

5.2  

Flight permission granted to flights arriving at the airports of Viet Nam shall become effective at 01 (one) hour prior to and until 24 (twenty four) hours after the ETA indicated in the permission.

5.3  

Flight permission granted to flights departing from the airports of Viet Nam shall become effective within 24 (twenty four) hours from the ETD indicated in the permission. In case departure is requested at least 01 (one) hour earlier than the ETD indicated in the flight permission, such flight shall only be performed with the approval of ATS unit and the Air Traffic Management and Control Centre of Air Force and Defence.

5.4  

Over-flight permission shall become effective 01 (one) hour prior to and until 72 (seventy two) hours after estimated over-flight time indicated in the flight permission.

6.1  

In case of intending to change the approved main details, the applicant shall submit a new application for permission to the respective authorities addressed as indicated in items 2 and 3 via AFS, E-mail or FAX, except items 6.2 and 6.3 below.

6.2  

In case of intending to change the approved times of flight operation within the validity of flight permission, the applicant or designated representatives of operator shall make revised flight plan and notify the respective authority via either AFS, E-mail or FAX. The flight can only be operated when obtained the acceptable confirmation from the respective authority.

6.3  

On holidays/days off, outside working-hour or in emergency case the applicant shall send request to Viet Nam Air Traffic Management CorporationTORG_AUTH;TXT_NAME;1319 (Viet Nam Air Traffic Flow Management CenterTORG_AUTH;TXT_NAME;1269) in case of wishing to change:

1. Airways, entry/exit points within airspace of Viet Nam;

2. Change of gauge for non-commercial purpose and for commercial purpose in respect of domestic flights;

3. Change of aerodromes of departure/landing outside the territory of Viet Nam in respect of flights overflying Vietnamese airspace.

The flight can only be operated obtained the acceptable confirmation from Viet Nam Air Traffic Management CorporationTORG_AUTH;TXT_NAME;1319 (Viet Nam Air Traffic Flow Management CenterTORG_AUTH;TXT_NAME;1269).

6.4  

Authority responsible for issuing flight permission may revoke a granted permission for the following reasons:

1. National security and defense;

2. Flight safety;

3. Public order and interests;

4. Benefits of State;

5. To comply with the international conventions to which Viet Nam is a Contracting Party;

6. In case of provision of incorrect information by applicant or other defrauding acts are found.

6.5  

In case of cancellation of a flight to which flight permission has been granted, the applicant shall notify the flight permission issuing authority prior to scheduled performance of that flight.

7.1  

The pilot in command, the designated representatives of operators have responsibilities to complete all necessary formalities for flight in accordance with the relevant regulations. Aircraft can take off only when obtained the clearance from ATS units at the aerodrome and shall follow the flight plan appropriately approved.

7.2  

Civil aircraft which operates in or over the territory of Viet Nam shall:

1. Comply with the Rules of the Air and defined procedures (see AIP Viet Nam ENR 1);

2. Comply with the provisions prescribed in the flight permission or revised flight permission issued;

3. Fly on the specified airways, entry/exit points and flight levels;

4. Maintain communication continuously with ATS units of Viet Nam;

5. Comply with the control and instructions of ATS units of Viet Nam;

6. Only make landing only to and departure from airports specified in the permission.

In case of having request to change the submitted flight plan, the pilot-in-command shall follow the items 5.3, 6.2 and 6.3 mentioned above (GEN 1.2).

7.3  

In case of aircraft in an emergency situation and wishing to change air route or make emergency landing to an airport of Viet Nam, the pilot-in-command shall report and request for approval from the ATS unit of Viet Nam in its control, and carry out that intention only when the approval has been obtained from the AIS unit. In case of lost communication, the pilot shall strictly follow the procedures for radio failure indicated in ENR 1 further hereunder.

7.4  

Departure of an aircraft shall be suspended in any of the following cases:

1. Urgent situations require the protection of national sovereignty and security; or it is found that the aircraft is in breach of national defense and security;

2. Violation of regulations on airworthiness standards, aircraft operations, aviation security and safety, flight procedures, flight plan filing and implementation, and flight permit performance;

3. The flight appears being interfered threatening its aviation security and safety;

4. Other cases as required by the competent governmental authorities.

7.5  

Aircraft may be temporarily seized in one of the following cases:

1. It is in breach of national sovereignty and security of Viet Nam;

2. It has no corrective actions against the violations referred to in 7.4 item b) above, or it does not comply with the violations handling measures;

3. It has taken prohibited actions regarding flight and aircraft operations, and air transportation;

4. It violates regulations on flight crews, passengers, baggage and cargo transported on board the aircraft;

5. Other cases as may be required by the competent governmental authorities.

7.6  

Aircraft can be intercepted or forced to land at airports and aerodromes or be applied other coercive measures in the following situations:

1. Violating the prohibited, restricted areas;

2. Violating the provisions of Regulations on Air Traffic Services, provisions on the management of civil flight operations, management and utilisation of airspace;

3. Not complying with the instructions of the air traffic control unit.

7.7  

Aircraft operators shall be liable for compensation in accordance with the law of Viet Nam if their aircraft have caused damaged to life, health, property of the third parties on the surface within the territory of Viet Nam, or of citizen/legal person of Viet Nam within the territorial waters which not belong to the sovereignty, jurisdiction of Viet Nam, or the land or water which do not belong to the sovereignty of any countries.