Decision No. 03/2005/QD-BGTVT stipulates the functions, tasks, powers, and organizational structure of the Vietnam Civil Aviation Authority Inspectorate (Civil Aviation Inspectorate).

DECISION OF THE MINISTER OF TRANSPORT

Regulations on functions, tasks, powers, and organization

of the Vietnam Civil Aviation Authority Inspection Department

THE MINISTER OF TRANSPORTATION

Pursuant to the Inspection Law No. 22/2004/QH11 dated June 15, 2004;

Pursuant to Decree No. 34/2003/ND-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the Government Decree No. 136/2004/NĐ-CP dated June 16, 2004 on the organization and operation of transport inspection;

Pursuant to Decision No. 267/2003/QĐ-TTg dated December 19, 2003 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Civil Aviation Administration of Vietnam;

At the proposal of the Director of the Vietnam Civil Aviation Authority and the Head of the Ministry of Transport's Inspection Department,

DECISION:

Article 1. Position and functions

The Vietnam Civil Aviation Authority Inspection Department (hereinafter referred to as the Civil Aviation Inspection Department) is an agency under the transportation inspection system, performing administrative inspection and specialized inspection within the scope of management of the Vietnam Civil Aviation Authority.

The Civil Aviation Inspection Department is directly managed and directed by the Director of the Vietnam Civil Aviation Authority (hereinafter referred to as the Director) and is directed by the Ministry of Transport's Inspection Department regarding organizational work and inspection business operations.

The Civil Aviation Inspection Department has its own seal, opens an account at the State Treasury, and uses the seal of the Vietnam Civil Aviation Authority when the Head of the Civil Aviation Inspection Department signs documents upon delegation from the Director.

The English name for the Civil Aviation Inspection Department is Vietnam Civil Aviation Inspectorate, abbreviated as CAI.

Article 2. Tasks and powers of the Civil Aviation Inspection Department

1. Participating in drafting legal documents on civil aviation; taking the lead or participating in drafting legal documents related to the organization and operation of the Civil Aviation Inspection Department according to the assignment of the Director.

2. Inspecting the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals under the direct management of the Director.

3. Inspecting Vietnamese organizations and individuals, as well as foreign organizations and individuals, in their compliance with Vietnamese laws and international treaties to which Vietnam is a party regarding:

a) Technical standards for civil airports, airfields, ground equipment; aircraft technical standards;

b) Responsibilities for managing and protecting civil airports;

c) Air traffic management, civil air traffic activities;

d) Conditions and standards for aviation personnel (including flight crews);

đ) Training, examination, licensing, certification for aviation personnel (including flight crews);

e) Responsibilities for supervising and ensuring aviation safety and security;

g) Civil aviation transportation activities and support services.

4. Identifying, recording, taking measures to prevent, deciding according to authority, or recommending competent authorities to impose administrative penalties as prescribed by law.

5. Recommending or submitting recommendations to competent authorities to improve policies and laws on aviation management; recommending suspension or revocation of regulations found to be contrary to the law through inspection work.

6. Assisting the Director in organizing citizen reception, handling complaints and reports; anti-corruption, thrift, and waste prevention work as prescribed by law.

7. Cooperating with other Ministry of Transport's inspection departments, inspections of other ministries and sectors, local governments, and relevant agencies during the inspection and supervision process concerning aviation-related areas; cooperating with law enforcement agencies in preventing, stopping, and combating violations within the scope of assigned duties and powers.

8. Summarizing and reporting the results of inspection work, complaint and report resolution, anti-corruption, thrift, and waste prevention within the responsibility scope of the Vietnam Civil Aviation Authority.

9. Managing staffing, assets, and operational funds of the Civil Aviation Inspection Department as prescribed.

10. Performing other tasks and powers stipulated by law and assigned by the Director and the Head of the Ministry of Transport's Inspection Department.

Article 3. Tasks and powers of the Head of the Civil Aviation Inspection Department

1. Leading and directing inspection and supervision work within the scope of management of the Vietnam Civil Aviation Authority; directly managing and operating the Civil Aviation Inspection Department to perform tasks and powers as stipulated in this Decision and other legal provisions.

2. Drafting inspection and supervision programs and plans to submit to the Director for approval and implementation.

3. Submitting to the Director for decision-making on inspections within his authority.

4. Deciding on inspections and establishing inspection teams to implement inspection decisions or assigning inspectors to carry out inspection tasks.

5. Recommending the Director to consider responsibility and handle persons who violate within the Director's management authority; coordinating with heads of agencies and organizations in considering responsibility and handling persons who violate within their respective management authorities.

6. Recommending the Director to suspend, amend, or revoke decisions that contravene the law made by agencies, organizations, and individuals under the Director's management; if such recommendation is not accepted, reporting to the Head of the Ministry of Transport's Inspection Department.

7. Deciding to stop or recommending competent authorities to stop illegal specialized actions by agencies, organizations, and individuals when there is sufficient evidence to determine that such actions cause damage to national interests, citizens' rights and legitimate interests, or obstruct the inspection process.

8. Recommending the Director or requiring related organizations and individuals to take necessary measures to ensure aviation safety and security according to current standards and regulations.

9. Concluding on the content of inspections based on inspection team reports when the Head of the Civil Aviation Inspection Department decides on inspections.

10. Impose administrative penalties according to authority or submit to the Head of the Ministry of Transport's Inspection for decision on administrative penalties in accordance with the law on handling administrative violations.

11. Perform other tasks and authorities as prescribed by law.

Article 4. Organization and Staffing

1. The Head of the Civil Aviation Inspection Department has an Inspection Team operating regionally.

The Inspection Team is established, reorganized, dissolved, and assigned tasks and operational scopes by the Director in accordance with assigned tasks and legal provisions.

The Inspection Team has a headquarters and a seal for operational purposes; it can open an account to receive funds for regular operations.

2. The Civil Aviation Inspection Department includes the Head of the Civil Aviation Inspection Department, Deputy Heads, Team Leaders, Deputy Team Leaders, Inspectors, and Specialists.

The Chief of Civil Aviation Inspectorate shall be appointed and relieved from duty by the Director after reaching consensus with the Chief Inspector of the Ministry of Transport in writing. The Deputy Chief of Civil Aviation Inspectorate shall be appointed and relieved from duty upon the proposal of the Chief of Civil Aviation Inspectorate. The Team Leader and Deputy Team Leader shall be appointed and relieved from duty by the Chief of Civil Aviation Inspectorate.

Inspectors shall be appointed and relieved from duty in accordance with the regulations of the Minister of Transport.

3. The establishment of the Civil Aviation Inspectorate belongs to the administrative establishment of the Vietnam Civil Aviation Administration, which shall be assigned annually by the Minister of Transport.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect fifteen days after its publication in the Official Gazette, all previous provisions contrary to this Decision shall be abolished.

2. The Heads of the Office, the Chief Inspector of the Ministry, the Director of the Vietnam Civil Aviation Administration, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Decision./.