Decision No. 13/2007/QD-BGTVT on the issuance and recognition of the Certificate of Fitness for Dangerous Goods Air Transport

Pursuant to …;

Regarding the issuance and recognition of certificates of qualification for the transportation of dangerous goods by air

air transport of dangerous goods

___________________

MINISTER OF TRANSPORT

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

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

At the proposal of the Director of the Transport Department and the Director General of the Civil Aviation Authority of Vietnam.

Pursuant to …;:

Article 1. Scope of Regulation and Applicability

1. This Decision regulates the conditions, procedures, and formalities for issuing and recognizing certificates of qualification for the transportation of dangerous goods by air for Vietnamese airlines and foreign airlines operating air transport services in Vietnam.

2. This Decision applies to agencies, organizations, and individuals related to the issuance and recognition of certificates of qualification for the transportation of dangerous goods by air.

Article 2. General provisions on the transportation of dangerous goods by air

The transportation of dangerous goods by air must comply with the regulations of:

1. The Convention on International Civil Aviation, Annex 18 on the Safe Transport of Dangerous Goods by AirThe Safe Transport of Dangerous Goods by Air);

2. Technical Instructions for the Safe Transport of Dangerous Goods by Air – Doc 9284 of the International Civil Aviation Organization (hereinafter referred to as the Technical Instructions of ICAO); 3. The Civil Aviation Law of Vietnam;

4. Relevant laws concerning dangerous goods being transported.

Article 3. Conditions for the transportation of dangerous goods by air of Vietnamese airlines

1. Having a business license for air transport operations.

2. Possessing a Certificate of Aircraft Operator Approval for the Transportation of Dangerous Goods by Air issued or recognized by the Civil Aviation Administration of Vietnam.

Conditions for the transportation of dangerous goods by air of foreign airlines

Article 4. Article 1. Foreign airlines may only be permitted to regularly transport dangerous goods by air after being granted a Certificate of Qualification for the Transportation of Dangerous Goods by Air by the Civil Aviation Administration of Vietnam.

2. Foreign airlines may only be permitted to occasionally transport dangerous goods by air after their Certificate of Qualification for the Transportation of Dangerous Goods by Air, issued by the State of the airline or the aircraft operator concerned, has been recognized by the Civil Aviation Administration of Vietnam.

Conditions for the issuance of Certificates of Qualification for Regularly Transporting Dangerous Goods by Air of Foreign Airlines

Article 5. 1. Being granted the right to regularly operate air transport services in Vietnam.

2. Possessing a valid Certificate of Qualification for the Transportation of Dangerous Goods by Air issued by the State of the airline or the aircraft operator concerned and recognized by the Civil Aviation Administration of Vietnam.

3. Having staff responsible for the transportation of dangerous goods at relevant Vietnamese airports who meet the standards prescribed for aviation personnel.

Article 6. Procedures and steps for issuing Certificates of Qualification for Regularly Transporting Dangerous Goods by Air of Vietnamese Airlines

The procedures and steps for issuing Certificates of Aircraft Operator Approval by the Civil Aviation Administration of Vietnam for Vietnamese airlines already contain provisions regarding permission to transport dangerous goods by air. Therefore, the procedures and steps for issuing Certificates of Qualification for Regularly Transporting Dangerous Goods by Air of Vietnamese Airlines shall be carried out in accordance with the legal provisions governing the issuance of Certificates of Aircraft Operator Approval.

The procedures and formalities for issuing the Certificate of Aircraft Operator by the Civil Aviation Authority of Vietnam for Vietnamese airlines already contain provisions regarding permission for air transport of dangerous goods. Therefore, the procedures and formalities for issuing the Certificate of Qualification for Regular Air Transport of Dangerous Goods by Vietnamese airlines shall be carried out in accordance with the regulations on issuance of the Aircraft Operator Certificate under the law.

Article 7. Procedures and sequence for issuing the Certificate of Eligibility to Transport Dangerous Goods by Air for Foreign Airlines

1. A foreign airline requesting issuance of the Certificate of Eligibility to Transport Dangerous Goods by Air must submit the application dossier to the Civil Aviation Administration of Vietnam, including the following documents:

a) Application form for the Certificate of Eligibility to Transport Dangerous Goods by Air;

b) Copy of the Certificate of Eligibility to Transport Dangerous Goods by Air issued by the State of the airline or the aircraft operator;

c) Copy of the Professional Certificate on Dangerous Goods Transportation of the staff mentioned in Clause 3, Article 5 of this Decision, issued by the training institution recognized by the Civil Aviation Administration of Vietnam with the Certificate of Eligibility to Train Aviation Staff;

d) Receipt or document confirming payment of fees.

2. Within thirty days from the date of receipt of the dossier, the Civil Aviation Administration of Vietnam shall examine and evaluate the contents of the dossier and decide on the issuance of the Certificate of Eligibility to Transport Dangerous Goods by Air. In case of refusal, the applicant must be notified in writing with specific reasons. During the examination process, the Civil Aviation Administration of Vietnam has the right to request the applicant to supplement related documents or provide direct explanations.

3. The Certificate of Eligibility to Transport Dangerous Goods by Air loses its validity in the following cases:

a) No longer meeting the conditions for issuance of the Certificate;

b) Intentionally falsifying information in the application dossier;

c) Being administratively punished by revocation of the Certificate.

Article 8. Recognition of the Certificate of Eligibility to Transport Dangerous Goods by Air for Foreign Airlines

1. The Civil Aviation Administration of Vietnam recognizes the Certificate of Eligibility to Transport Dangerous Goods by Air of foreign airlines stipulated in Clause 2, Article 4 and Clause 2, Article 5 of this Decision based on international treaties to which the Socialist Republic of Vietnam is a party.

2. In the absence of provisions in international treaties to which the Socialist Republic of Vietnam is a party, the Civil Aviation Administration of Vietnam considers recognizing the Certificate of Eligibility to Transport Dangerous Goods by Air of foreign airlines based on approval of dangerous goods transportation regulations, training programs for staff in the field of dangerous goods transportation of foreign airlines.

3. The Civil Aviation Administration of Vietnam considers recognizing the Certificate of Eligibility to Transport Dangerous Goods by Air stipulated in Clause 2 of this Article within thirty days from the date of receipt of the application form along with related documents. In case of refusal, the applicant must be notified in writing with specific reasons.

Article 9. Effective Date

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 10. Implementation Organization

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Civil Aviation Administration of Vietnam, Heads of agencies, units, and individuals concerned are responsible for implementing this Decision./.