Amending the decree to operate Chinese COMAC aircraft in Vietnam

In order for Vietnamese airlines to be able to operate Chinese COMAC aircraft, it is necessary to amend the decree and circular to grant type certificates for these aircraft.

Chinese-made COMAC ARJ21 aircraft on display at Da Nang airport in March 2024 - Photo: NGOC DUC

The Ministry of Transport has sent an official dispatch to seek comments from the Ministry of Justice on applying the shortened procedures for drafting decrees and related circulars to grant licenses to operate COMAC aircraft manufactured in China in Vietnam.

According to the Ministry of Transport , based on the proposal of Vietjet Aviation Joint Stock Company (Vietjet), Commercial Aircraft Corporation of China (COMAC) on operating COMAC aircraft in Vietnam and the results of the meeting between Deputy Prime Minister Tran Hong Ha and the Vice President of COMAC, the ministry has reviewed the provisions of current laws.

The Ministry of Transport stated that Clause 2, Article 12d of Government Decree No. 92/2016/ND-CP on conditional business sectors in the field of civil aviation (amended and supplemented by Government Decree No. 89/2019/ND-CP) stipulates: "Aircraft types imported into Vietnam must be certified by the US Federal Aviation Administration (FAA), the European Aviation Safety Agency (EASA), or the Vietnamese aviation authority."

Thus, according to current regulations, aircraft types imported into Vietnam are granted aircraft type certificates by FAA or EASA or the Vietnamese aviation authority (Civil Aviation Authority of Vietnam). Currently, regulations do not allow the Vietnamese aviation authority to recognize aircraft type certificates for aircraft that have not been granted type certificates by FAA and EASA.

In practice, the type approval procedure is only carried out when Vietnam is the design country and the Civil Aviation Authority of Vietnam develops and issues the standards, and has sufficient qualified personnel to ensure the approval process.

However, establishing standards, perfecting processes, and adequately preparing the workforce takes many years. The certification process itself also takes a considerable amount of time. In fact, EASA completed the certification process within 8 years for the Airbus A350, and FAA within 8 years for the Boeing B787.

According to the Ministry of Transport, the recent COVID-19 pandemic and conflicts in some areas have affected the supply chain of materials and the ability of traditional aircraft manufacturers such as Airbus, Boeing, and Embraer (certified by the FAA and EASA) to deliver aircraft fully and on time.

In addition, the impact of the recall on Pratt & Witney engines significantly affects Vietnam's aircraft operations.

In this context, limiting the number of aircraft allowed to operate in Vietnam to only those with type certifications issued by the Vietnam Civil Aviation Authority, the FAA, or EASA (without allowing the Vietnam Civil Aviation Authority to recognize them) would restrict the opportunities for Vietnamese airlines to access aircraft designed and manufactured by other countries with global capabilities in science and technology.

On that basis, the Ministry of Transport proposed that the Government abolish Clause 2, Article 12d of Decree No. 92/2016/ND-CP to suit the actual situation and remove difficulties and obstacles in the process of putting COMAC aircraft into operation in Vietnam.

Proposal to recognize Chinese-made aircraft standards

In addition to amending the decree, the Ministry of Transport also proposed amending several articles of Circular No. 01/2011/TT-BGTVT promulgating the regulations on civil aviation safety in the field of aircraft and aircraft operations.

Because, currently, the civil aviation safety regulations allow for the recognition of aircraft approval standards and type certificates of 5 aviation authorities including: the US Federal Aviation Administration (FAA), the European Aviation Safety Agency (EASA), Canada, Brazil and the Russian Federation. The Chinese Aviation Administration is not included in this list.

The amendment and supplementation of the above content is very necessary when China is currently also an aircraft design country, has produced COMAC ARJ21-700 (C909) and C919 aircraft operating in the Chinese domestic market and in a foreign country (C909 aircraft operating in Indonesia), and has a history of safe operation.

Source: https://tuoitre.vn/sua-nghi-dinh-de-khai-thac-may-bay-comac-cua-trung-quoc-tai-viet-nam-20250228164951686.htm