GEN 1.2 ENTRY, TRANSIT AND DEPARTURE OF AIRCRAFT

1 General

1.1 
International flights into, from or over the territory of the Socialist Republic of Viet Nam shall comply with the current Viet Nam regulations on civil aviation. These regulations correspond in all essentials to the Standards and Recommended Practices contained in Annex 9 to the Convention on International Civil Aviation.
1.2 
All flight operation within the territory of the Socialist Republic of Viet Nam shall be conducted only in accordance with the permission of the competent authorities of Viet Nam. In case of entering Vietnamese airspace without permission from the appropriate authorities of Viet Nam, the aircraft is considered to violate the laws of Viet Nam, and will be settled under the provisions of the laws of Viet Nam.
1.3 
Civil aircraft operating within the territory of the Socialist Republic of Viet Nam shall carry the documents indicated in item 2.2.1 hereunder, aircraft shall be registered and painted with nationality and registration marks in accordance with the laws of the State in which the aircraft is registered. No aircraft without nationality and registration marks shall fly within the territory of Viet Nam.
1.4 
No war materials, explosive, weapon, ammunition, radioactive or nuclear materials and toxic chemicals, harmful or latently harmful materials are allowed to be carried on a foreign aircraft operating into or over territory of the Socialist Republic of Viet Nam. Activities such as making film and taking photograph from aircraft over the territory of Viet Nam or using radio apparatus, except the equipment registered of the pertinent aircraft, or other activities from aircraft which may be harmful to national security of Viet Nam, violating the laws of Viet Nam and the International Conventions contracted by Viet Nam are prohibited, unless the activity has obtained special authorization from the competent authorities of Viet Nam.
1.5 
Aircraft flying into or departing from Viet Nam territory shall make their first landing at, or final departure from an international aerodrome of Viet Nam (see pages AD 1.3, AD 2 further hereunder).
1.6 
The applicant (aircraft operator, air carrier or authorized representative) for flight permission shall pay related charges for using aerodrome and air navigation services in accordance with Viet Nam regulation on civil aviation for their flight (for more details see GEN 4 further hereunder).
1.7 
Boeing 737 MAX aircraft are permitted for commercial operation (both overflight and take-off/landing at airports) within FIRs of Viet Nam from 1700 (UTC) on 30 DEC 2021.

2 Scheduled Flights

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:
Civil Aviation Authority of Viet Nam (CAAV)
Air Transport Department
119 Nguyen Son Street, Long Bien District
Ha Noi, Viet Nam
Tel:(84 -24) 38 272 281
Fax:(84 -24) 38 272 290
AFS:VVVVYVYX
Email:atd@caa.gov.vn
Web:http://caa.gov.vn
Working hours: From Monday to Friday
  • Morning: 08h00 - 11h30 (local time)
  • Afternoon : 13h00 - 17h00 (local time)
2.2 Documents Required
2.2.1 
Flight permission applicant shall be responsible for the legality of the under mentioned documents:
  1. Air Operator Certificate (AOC), Aircraft Maintenance Organization (AMO);
  2. Certificate of Registration, Certificate of Airworthiness, Noise Certificate (if applicable), Aircraft Radio License;
  3. Appropriate license and certificate of each member of the crew and persons relating to operation, maintenance and repair of the aircraft.
2.2.2 
Documents required for clearance of aircraft on entry and departure to and from Viet Nam must be submitted by aircraft operator. All documents listed below must follow ICAO standard format as set forth in the relevant Appendixes to Annex 9 and are only acceptable when published in English.
2.2.3 
Documents required for entry and departure of aircraft
Required by
General Declaration
Passenger Manifest
Cargo Manifest
Airport Authority
111
Customs
222
Immigration
111
Total
444
Notes:
  1. One copy of the General Declaration is endorsed and returned by customs, signifying clearance.
  2. If no passengers embark/disembark and no goods articles are laden (unladed), 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 Non - Scheduled Flights

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:
Ministry of Foreign Affairs
Consular Department
6 Chu Van An Street, Ba Dinh District
Ha Noi, Viet Nam
Tel:(84-24) 38 234 510; (84-24) 37 993 108
Fax:(84-24) 38 236 928; (84-24) 37 993 505
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:
Ministry of National Defence
Operation Department under The General Staff
1 Hoang Dieu Street, Ba Dinh District
Ha Noi, Viet Nam
Tel:Working hour: (84-24) 069 551324;
(84-24) 069 553 200
Outside working hour: (84-24) 38 455 812
Fax:(84-24) 069 551 325; (84-24) 37 337 994
3.3 Other Non - Scheduled flights
3.3.1 
Flight permission applications shall be submitted to the appropriate Departments of CAAV indicated in item 2.1.
3.3.2 
On holiday/days off, outside working-hours or in the emergency case, flight permission application shall be submitted to:
Viet Nam Air Traffic Management Corporation (VATM)
Air Traffic Flow Management Center
Building B, No 5, Alley 200, Nguyen Son Street, Bo De Ward, Long Bien District,Ha Noi City, Viet Nam
Tel:(84-24) 38 725 302
Fax:(84-24) 38 733 310
AFS:VVVVZGZX
Email:hiepdongbay@vatm.vn
Working hour: 24/24 daily
to operate:
  1. Flights carrying mechanics, engines, equipment and facilities used for aircraft repair or passengers, baggage, cargo, parcels and mail unloaded from aircraft that have been broken down;
  2. Search and rescue, salvage, ambulance and medical flights;
  3. Domestic ferry flights or testing flights;
  4. Flights by State aircraft of Viet Nam.
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 Time to submit an application for flight permission

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.
4.1.1 
At least 30 days before the intended date to operate:
  1. Scheduled international flights into, from or over the territory of Viet Nam;
  2. Scheduled domestic flights.
4.1.2 
At least 10 days before the intended date to operate:
  1. Trial, performing and demonstration flights;
  2. Flights serving scientific research, national economy, cultural and sport activities;
  3. Flights operated by foreign military aircraft for civil purposes in Viet Nam.
4.1.3 
At least 7 days before the intended date to operate:
  1. Foreign VIP flights carrying guests of the Party and States, and escorting flights or other flights associated with the VIP flight; other foreign VIP flights and escorting flights or other flights associated with the VIP flights;
  2. International charter flights, extra fights into/from the territory of Viet Nam;
  3. Flights operated by foreign State aircraft.
4.1.4 
At least 3 working days before the estimated departure time of operating:
  1. Non-scheduled international flights that overfly Vietnamese airspace or make stop in Viet Nam for technical purpose;
  2. Flight that are performed at the decision of Court or governmental competent agency of Viet Nam;
  3. Flights that are performed under contract for lease, purchase of aircraft;
  4. International ferry flights;
  5. Flights intended for private demands of agencies, organizations, individuals;
  6. Humanitarian flights;
  7. Other flights intended for general aviation operations.
4.1.5 
At least 24 hours before the estimated departure time to operate domestic ferry flights and flights for technical tests.
4.1.6 
The time limits shall not applied for the following:
  1. Flights in emergency conditions;
  2. Flights carrying mechanics, engines, equipment and facilities used for aircraft repair or passengers, baggage, cargo, parcels and mail unloaded from aircraft that have been broken down; search and rescue, medical flights; flight by State aircraft of Viet Nam;
  3. In case of changing of following details to approved flight permission: airways, entry/exit points, change of gauge for non-commercial purpose and for commercial purpose in respect of domestic flights; changing of aerodrome of departure/landing outside the territory of Viet Nam in respect of flights operated by aircraft overflying Vietnamese airspace.
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 Permission Validity

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 Defense.
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 Revision, Cancellation

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 Corporation (Air Traffic Flow Management Center) 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 Corporation (Air Traffic Flow Management Center).
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 Operation of 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.