| Số hiệu | 42/2023/TT-BGTVT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 29/12/2023 |
| Người ký | |
| Ngày hiệu lực | |
| Tình trạng |
|
THE MINISTRY OF TRANSPORT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
|
No. 42/2023/TT-BGTVT |
Hanoi, December 29, 2023 |
CIRCULAR
AMENDMENTS TO CIRCULAR NO. 13/2019/TT-BGTVT DATED MARCH 29, 2019 OF THE MINISTER OF TRANSPORT ON ELABORATION OF VIETNAM’S AVIATION SECURITY PROGRAM AND AVIATION SECURITY QUALITY CONTROL AND CIRCULAR NO. 41/2020/TT-BGTVT DATED DECEMBER 31, 2020 OF THE MINISTER OF TRANSPORT ON AMENDMENTS TO CIRCULAR NO. 13/2019/TT-BGTVT DATED MARCH 29, 2019 ON ELABORATION OF VIETNAM’S AVIATION SECURITY PROGRAM AND AVIATION SECURITY QUALITY CONTROL
Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006; Law on amendments to the Law on Vietnam Civil Aviation dated November 21, 2014;
Pursuant to the Government’s Decree No. 92/2015/ND-CP dated October 13, 2015 on aviation security;
Pursuant to the Government’s Decree No. 56/2022/ND-CP dated August 24, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s Decree No. 93/2022/ND-CP dated November 07, 2022 on controlling and maintaining security and order in air border gate;
At the request of the Director General of Department of Transport and the Director of Civil Aviation Authority of Vietnam;
The Minister of Transport hereby promulgates a Circular on amendments to Circular No. 13/2019/TT-BGTVT dated March 29, 2019 of the Minister of Transport on elaboration of Vietnam’s aviation security program and aviation security quality control and Circular No. 41/2020/TT-BGTVT dated December 31, 2020 of the Minister of Transport on amendments to Circular No. 13/2019/TT-BGTVT dated March 29, 2019 on elaboration of Vietnam’s aviation security program and aviation security quality control.
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1. Article 5 of the Circular No. 13/2019/TT-BGTVT amended by clauses 5 and 6 Article 1 of the Circular No. 41/2020/TT-BGTVT is amended as follows:
“Article 5. Procedures for approving aviation security programs (ASPs) and aviation security regulation (ASRs) and ASPs of foreign airlines
1. The applicant having the ASP or ASR shall submit 01 application (if the applicant is a Vietnamese enterprise, the application shall be made in Vietnamese language; if the applicant is a foreign airline, the application shall be made in English language) to the Civil Aviation Authority of Vietnam (CAAV), whether directly or by post or another appropriate manner. The application includes:
a) An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof;
b) A physical or electronic copy of the draft ASP/ASR;
c) A physical or electronic copy of the comparison form of differences of the airline’s ASP from regulations of Vietnamese law and measures for remedying differences (if the application for approval for ASP is submitted by the foreign airline).
2. If the application is not completed as prescribed in Clause 1 of this Article, within 03 working days from the date of receiving the application, the CAAV shall send the applicant in person or by post or online a document requesting it to complete the application.
3. In case of receiving an adequate application specified in clause 1 of this Article, within 10 working days (in case of approving ASP/ASR) or 05 working days (in case of approving amendments to ASP/ASR) from the date of receiving the adequate application, the CAAV shall appraise it and consider carrying out a site inspection if necessary:
a) If a site inspection is needed, the CAAV shall send a notification of the reason and time for the inspection included in the time limit for handling administrative procedures to the applicant;
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c) If the ASP or ASR is ineligible for approval, the CAAV shall send a document stating the reason for its failure to grant approval in person or by post or online.”
2. Article 17 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
a) An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof, enclosed with a brief list provided in Appendix VII hereof;
b) An application form for airport/aerodrome security control badge with long-term use, which is made using the form in the Appendix VIII hereof (except in the case where the police and customs authorities directly work at the airport), includes a 04x06 cm color photo and bears a joint page seal in the case of a physical copy (the photo must be taken on a white background within the last 06 months, the applicant’s head and shoulders must be kept straight and his/her face must cover 70% to 80% of the photo area);
c) A certified true copy or copy presented together with its original for comparison or a copy prepared by the same organization that prepared the authenticated copy or copy or electronic certified true copy of the original or electronic copy of the document proving juridical personality, and defining functions and tasks of the enterprise, except for aviation service providers and non-aviation service providers at the airport/aerodrome;
d) 01 color photo (if the application is submitted directly or by post) or digitized color photo (if the application is submitted online) as specified in point d clause 1 of this Article.
2. The issuing authority shall appraise the application and consider whether to issue the badge. To be specific:
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b) Within 07 working days from the receipt of an adequate application, the applicant has paid fees as prescribed, if the conditions for badge issuance are satisfied as prescribed, the issuing authority shall issue the badge in person or by post; if the conditions for badge issuance are not satisfied as prescribed, the issuing authority shall issue a written or electronic notification of its refusal to issue the badge and reasons therefor to the applicant;
c) If the application is adequate but there is still an issue in doubt and the applicant has paid fees as prescribed, the issuing authority shall, within 03 working days from the receipt of an adequate application, issue a written or electronic notification of the reason and the issue in doubt.
Within 04 working days from the date on which the issue is clarified, if the conditions for badge issuance are satisfied as prescribed, the issuing authority shall issue the badge in person or by post; if the conditions for badge issuance are not satisfied as prescribed, the issuing authority shall issue a written or electronic notification of its refusal to issue the badge and reasons therefor to the applicant.”
3. Article 18 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
a) In case of reissuance due to badge expiration, the application shall include the documents prescribed in points a, c and d clause 1 Article 17 of this Circular;
b) In case of reissuance to replace an unexpired badge that is blurred, damaged or no longer bears the security symbol, the application shall include the documents prescribed in points a and c clause 1 Article 17 of this Circular and such badge must be returned;
c) In case of reissuance due to loss, the application shall include the documents prescribed in points a and c clause 1 Article 17 of this Circular and an applicant’s written representation of the date, place and cause of loss, which must be certified by the head of the applicant’s authority/unit;
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2. The issuing authority shall appraise the application and consider whether to issue the badge. To be specific:
a) Within 01 working day from the receipt of the application, if the application is inadequate as prescribed, the issuing authority shall notify and request the applicant to complete it as prescribed;
b) Within 07 working days from the receipt of an adequate application, the applicant has paid fees as prescribed, if the conditions for badge issuance are satisfied as prescribed, the issuing authority shall issue the badge in person or by post; if the conditions for badge issuance are not satisfied as prescribed, the issuing authority shall issue a physical or electronic notification of its refusal to issue the badge and reasons therefor to the applicant;
c) If the application is adequate but there is still an issue in doubt and the applicant has paid fees as prescribed, the issuing authority shall, within 03 working days from the receipt of an adequate application, issue a written or electronic notification of the reason and the issue in doubt.
Within 04 working days from the date on which the issue is clarified, if the conditions for badge issuance are satisfied as prescribed, the issuing authority shall issue the badge in person or by post; if the conditions for badge issuance are not satisfied as prescribed, the issuing shall authority issue a written or electronic notification of its refusal to issue the badge and reasons therefor to the applicant.”
4. Article 19 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
“Article 19. Procedures for issuance of airport/aerodrome security control badges with short-term use by airports authorities
1. The authority applying for the badge shall submit an application in person or online to the airports authority. The application includes: An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof, enclosed with a list provided in Appendix X hereof.
2. If the applicant has paid fees as prescribed, the airports authority shall, within 60 minutes from the receipt of an adequate application, appraise it; if the conditions for badge issuance are satisfied, the issuing authority shall issue the badge in person to the applicant; if the conditions for badge issuance are not satisfied, the airports authority shall notify the reasons directly to the applicant.”
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1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
a) An original or electronic copy of the list of officials and staff applying for the permit, which is compiled using the form in Appendix VII hereof;
b) A physical or electronic copy of the application form for airport/aerodrome security control badge with long-term use, which is made using the form in the Appendix VIII hereof (except in the case where the police and customs authorities directly work at the airport), includes a 04x06 cm color photo and bears a joint page seal in the case of a physical copy (the photo must be taken on a white background within the last 06 months, the applicant’s head and shoulders must be kept straight and his/her face must cover 70% to 80% of the photo area);
c) 01 color photo (if the application is submitted directly or by post) or digitized color photo (if the application is submitted online) as specified in point b clause 1 of this Article.
2. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall compile a list of badge holders using the form in the Appendix VII hereof and send it directly or by post or online to the regional airports authority.”
6. Article 21 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
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b) In case of reissuance to replace an unexpired badge that is blurred, damaged or no longer bears the security symbol, the application shall include the documents prescribed in points a and c clause 1 Article 20 of this Circular and such badge must be returned;
c) In case of reissuance due to loss, the application shall include the documents prescribed in points a and c clause 1 Article 20 of this Circular and a written confirmation of the date, place and cause of loss provided by the head of the authority/unit applying for the badge;
d) In case of reissuance due to reassignment, the application shall include the documents prescribed in points a and b clause 1 Article 20 of this Circular.
2. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall compile a list of badge holders using the form in the Appendix VII hereof and send it directly or by post or online to the regional airports authority.”
7. Article 22 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes a physical or electronic copy of the list of officials and staff applying for the badge, which is compiled using the form in Appendix X hereof;
2. The airports authority shall, within 60 minutes from the receipt of an adequate application as prescribed, issue the badge in person to the applicant; in case of rejection of the application, the airports authority shall notify the reasons in person or online to the applicant.”
8. Article 23 of the Circular No. 13/2019/TT-BGTVT amended by clause 14 Article 1 of the Circular No. 41/2020/TT-BGTVT is amended as follows:
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1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
a) An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof, enclosed with a list of vehicles to be issued with the airport/aerodrome security control permit with long-term/short-term use, which is compiled using the form in the Appendix IX hereof;
c) A copy or electronic copy (if the application is submitted online) of the valid certificate of inspection of technical and environmental safety issued by a competent authority.
2. The issuing authority shall appraise the application and consider whether to issue the badge. To be specific:
a) Within 01 working day from the receipt of the application, if the application is inadequate as prescribed, the issuing authority shall notify and request the applicant to complete it as prescribed;
b) Within 07 working days from the receipt of an adequate application, the applicant has paid fees as prescribed, if the conditions for permit issuance are satisfied as prescribed, the issuing authority shall issue the permit in person or by post; if the conditions for permit issuance are not satisfied as prescribed, the issuing shall issue a physical or electronic notification of its refusal to issue the permit and reasons therefor to the applicant;
c) If the application is adequate but there is still an issue in doubt and the applicant has paid fees as prescribed, the issuing authority shall, within 03 working days from the receipt of an adequate application, issue a written or electronic notification of the reason and the issue in doubt.
Within 04 working days from the date on which the issue is clarified, if the conditions for permit issuance are satisfied as prescribed, the issuing authority shall issue the permit in person or by post; if the conditions for permit issuance are not satisfied as prescribed, the issuing shall issue a physical or electronic notification of its refusal to issue the permit and reasons therefor to the applicant;
3. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall send a list of vehicles to be issued with the airport/aerodrome security control permit with long-term/short-term use using the form in the Appendix IX hereof to the regional airports authority, whether in person or by post or online.”
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1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
a) In case of reissuance due to permit expiration, the application shall include the documents prescribed clause 1 Article 23 of this Circular;
b) In case of reissuance to replace an unexpired permit that is blurred, damaged or no longer bears the security symbol, the application shall include the documents prescribed in point a clause 1 Article 23 of this Circular and such permit must be returned;
c) In case of reissuance due to loss, the application shall include the documents prescribed in point a clause 1 Article 23 of this Circular and a written confirmation of the date, place and cause of loss provided by the head of the authority/unit applying for the permit;
2. The issuing authority shall appraise the application and consider whether to issue the badge. To be specific:
a) Within 01 working day from the receipt of the application, if the application is inadequate as prescribed, the issuing authority shall notify and request the applicant to complete it as prescribed;
b) Within 07 working days from the receipt of an adequate application, the applicant has paid fees as prescribed, if the conditions for permit issuance are satisfied as prescribed, the issuing authority shall issue the permit in person or by post; if the conditions for permit issuance are not satisfied as prescribed, the issuing shall issue a physical or electronic notification of its refusal to issue the permit and reasons therefor to the applicant;
c) If the application is adequate but there is still an issue in doubt and the applicant has paid fees as prescribed, the issuing authority shall, within 03 working days from the receipt of an adequate application, issue a written or electronic notification of the reason and the issue in doubt.
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3. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall send a list of vehicles to be issued with the airport/aerodrome security control permit with long-term/short-term use using the form in the Appendix IX hereof to the regional airports authority, whether in person or by post or online.”
10. Article 25 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
1. The applicant shall submit an application to the issuing authority, whether directly or by post or online. The application includes:
a) An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof, enclosed with a list of vehicles to be issued with the airport/aerodrome security control permit with short-term use, which is compiled using the form in the Appendix IX hereof;
c) A copy or electronic copy of the valid certificate of inspection of technical and environmental safety issued by a competent authority.
2. Within 60 minutes from the receipt of an adequate application, the applicant has paid fees as prescribed, the issuing authority shall appraise the application; if the conditions for permit issuance are satisfied as prescribed, the appraising authority shall issue the permit in person to the applicant; if the conditions for permit issuance are not satisfied as prescribed, the appraising shall issue a notification of the reason the applicant, whether in person or online;
11. Clause 9 Article 36 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
“9. When going through the aviation security checkpoint, the border checkpoint police officers performing their duties at the airport/aerodrome and wearing their border police badge are entitled to enter, exit and operate in restricted areas within their jurisdiction do not need to take off their coats, hats, shoes, sandals and belts. When going through the door-frame metal detector, people, documents and special equipment are not required to be manually searched. The following shall be checked:
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c) Vehicles and items on the vehicles.”
12. Clause 9 of Article 38 of the Circular No. 13/2019/TT-BGTVT amended by clause 22 Article 1 of the Circular No. 41/2020/TT-BGTVT is amended as follows:
“9. The road in front of doors of the arrival section of a terminal or near the air traffic control tower must be at least 30 meters from the terminal and air traffic control tower (except for roads for in-airport vehicles, priority vehicles, official duties vehicles, emergency vehicles). Fixed or mobile barriers must be erected adjacent to the road in front of doors of the passenger terminal, cargo terminal and motorcycle and motor vehicle parking lots to prevent vehicles from attacking the terminal or aerodrome.”
13. Clauses 1 and 2 and point a clause 7 Article 41 of the Circular No. 13/2019/TT-BGTVT are amended as follows:
a) Clause 1 of Article 41 is amended as follows:
“1. Each airline shall be only allowed to agree to transport and let a passenger board if:
a) He/She has his/her boarding pass and identity documents (or his/her electronic identity information having the same validity as that of identity documents) specified in the Appendix XIV hereof; are compared against their documents (or his/her electronic identity information having the same validity as that of identity documents or biometric authentication data) and boarding pass to make sure that the passenger, his/her documents and boarding pass match.
b) He/She and his/her baggage have undergone security inspection.”
b) Clause 2 of Article 41 is amended as follows:
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c) Point a clause 7 of Article 41 is amended as follows:
“a) Check and compare passengers’ identity documents (or their biometric authentication data electronic identity information having the same validity as that of identity documents) against their tickets or boarding passes physically or electronically and passengers;”
14. Clause 1 Article 67 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
“1. When passengers embark the aircraft, the airline shall check and compare their identity documents (or their biometric authentication data electronic identity information having the same validity as that of identity documents) and boarding passes to ensure that they board the correct flight. The checking measures shall be elaborated in ASPs of airlines.”
15. Clause 3 Article 70 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
“3. The passenger that is an officer or bodyguard accompanying the client or in-flight security officers performing their tasks shall complete the declaration using the form in the Appendix XV hereof and deliver it to the check-in agent before boarding the aircraft and take responsibility for safety of pistol, ammunition and support tools carried along.”
16. Clauses 4, 5, 6 and 7 Article 98 of the Circular No. 13/2019/TT-BGTVT are amended as follows:
a) Clause 4 of Article 98 is amended as follows:
“4. An application for an initial permit includes:
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b) A copy presented together with its original of the appropriate professional diploma/certificate or certified true copy of the appropriate professional diploma/certificate for comparison or electronic certified true copy (if the application is submitted online) of the appropriate professional diploma/certificate;
c) 01 03x04 cm color photo (if the application is submitted directly or by post) or 03x04 cm digitized color photo (if the application is submitted online) (the photo must be taken on a white background within the last 06 months, the applicant’s head and shoulders must be kept straight and his/her face must cover 70% to 80% of the photo area).”
b) Clause 5 of Article 98 is amended as follows:
“5. An application for re-issuance of the permit when expired, lost or damaged includes:
a) An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof;
b) 01 03x04 cm color photo (if the application is submitted directly or by post) or 03x04 cm digitized color photo (if the application is submitted online) (the photo must be taken on a white background within the last 06 months, the applicant’s head and shoulders must be kept straight and his/her face must cover 70% to 80% of the photo area).”
c) Clause 6 of Article 98 is amended as follows:
6. An application for extension, addition or restoration of validity of the rating includes:
a) An original or electronic copy of the written request, which is made using the form in the Appendix VI hereof;
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c) A copy presented together with its original of the appropriate professional diploma/certificate for comparison or certified true copy of the appropriate professional diploma/certificate or electronic certified true copy (if the application is submitted online) of the appropriate professional diploma/certificate (in the case of addition of rating).”
d) Clause 7 of Article 98 is amended as follows:
“7. Procedures for issuing the permit or rating:
a) Within 02 working days from the receipt of the application, if the application is inadequate or the applicant has not paid fees as prescribed, the CAAV shall notify the applicant of necessary additional documents in writing, whether in person or by post or online or notify the applicant of its failure to issue the permit or rating and reasons therefor;
b) If the application for issuance or re-issuance of the permit or rating or extension, addition or restoration of validity of the aviation security control staff rating is submitted to the CAAV, whether directly or by post or online and the applicant shall assume responsibility for the truthfulness and accuracy of the information in the application;
c) The CAAV shall appraise the application, carry out inspection and issue/reissue the permit or extend, add or restore validity of the rating within 20 working days in the case of issuance or re-issuance of the permit when expired, extension, addition or restoration of validity of the rating; within 07 working days in the case of re-issuance of the permit when lost or damaged, from the date on which an adequate application is received; the permit or rating issued, re-issued, extended, added or validity restored shall be sent to directly or by post to the enterprise having employees having their permit or rating issued, re-issued, extended, added or validity restored; in case of failure to issue, re-issue, extend, add or restore validity of the permit or rating, a written explanation shall be provided in writing.”
17. Clause 2 Article 108 of the Circular No. 13/2019/TT-BGTVT is amended as follows:
“2. Security and safety of people, property and activities of the tester and tested subject shall be ensured during the process of conducting the test. When the confidential test is discovered, the tester shall immediately present the test decision together with his/her aviation security inspector card or identity document to which his/her photo is attached or his/her level 2 e-ID account to the tested subject. The tested subject shall facilitate the cooperation and ensure security and safety of people, vehicles and items during the test.”
18. Clauses 13 and 14 are added to Article 117 of the Circular No. 13/2019/TT-BGTVT as follows:
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“13. Aviation passenger service providers shall cooperate with border checkpoint police in controlling automatic entry and exit and relevant agencies, units and enterprises in establishing, operating and sharing passenger biometric and information authentication systems;”
b) Clause 14 is added to Article 117 as follows:
“14. Passenger terminal operation service providers shall:
a) For domestic flights: Preside over and cooperate with related enterprises in establishing, operating and sharing passenger biometric and information authentication systems at terminals;
b) For international flights: Cooperate with border checkpoint police in controlling automatic entry and exit and relevant agencies, units and enterprises in establishing, operating and sharing passenger biometric and information authentication systems at terminals.”
19. Clause 9 is added to Article 118 of the Circular No. 13/2019/TT-BGTVT as follows:
“9. For international flights: Cooperate with border checkpoint police in controlling automatic entry and exit and relevant agencies, units and enterprises in establishing, operating and sharing passenger biometric and information authentication systems.”
Article 2. Replacing some Appendices to Circular No. 13/2019/TT-BGTVT and Circular No. 41/2020/TT-BGTVT
1. The Appendix II to the Circular No. 13/2019/TT-BGTVT amended by clauses 72 through 75 Article 1 of the Circular No. 41/2020/TT-BGTVT is replaced with the Appendix I to this Circular.
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3. The Appendix VII to the Circular No. 13/2019/TT-BGTVT amended by clause 77 Article 1 of the Circular No. 41/2020/TT-BGTVT is replaced with the Appendix III to this Circular.
4. The Appendix VIII to the Circular No. 13/2019/TT-BGTVT amended by clause 78 Article 1 of the Circular No. 41/2020/TT-BGTVT is replaced with the Appendix IV to this Circular.
5. The Appendix IX to the Circular No. 13/2019/TT-BGTVT amended by clause 79 Article 1 of the Circular No. 41/2020/TT-BGTVT is replaced with the Appendix V to this Circular.
6. The Appendix X to the Circular No. 13/2019/TT-BGTVT is replaced with the Appendix VI to this Circular.
7. The Appendix XIV to the Circular No. 13/2019/TT-BGTVT amended by clauses 82 through 85 Article 1 of the Circular No. 41/2020/TT-BGTVT is replaced with the Appendix VII to this Circular.
Article 3. Transitional clauses
Regarding any terminal or air traffic control tower whose construction design is approved before the effective date of this Circular, the regulations set out in clause 9 Article 38 of the Circular No. 13/2019/TT-BGTVT (amended by clause 22 Article 1 of the Circular No. 41/2020/TT-BGTVT) shall continue to apply.
Article 4. Effect
This Circular comes into force from February 15, 2024.
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Chief of Ministry Office, Chief Inspector of the Ministry, Directors General, Director General of Civil Aviation Authority of Vietnam, heads of agencies, organizations and individuals concerned are responsible for the implementation of this Circular./.
PP. THE MINISTER
THE DEPUTY MINISTER
Le Anh Tuan
| Số hiệu | 42/2023/TT-BGTVT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 29/12/2023 |
| Người ký | |
| Ngày hiệu lực | |
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| Số hiệu | 42/2023/TT-BGTVT |
| Loại văn bản | Thông tư |
| Cơ quan | Bộ Giao thông vận tải |
| Ngày ban hành | 29/12/2023 |
| Người ký | |
| Ngày hiệu lực | |
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