Circular No. 18/2011/TT-BGTVT amending and supplementing certain provisions of Decision No. 13/2007/QĐ-BGTVT dated March 26, 2007 of the Ministry of Transport on issuing and recognizing certificates of fitness for air transport of dangerous goods.

CIRCULAR

Amending and supplementing some articles of Decision No. 13/2007/QĐ-BGTVT dated March 26, 2007 of the Ministry of Transport on issuing and recognizing certificates of qualification for air cargo transportation of dangerous goods and recognizing certificates of qualification for air cargo transportation  of dangerous goods

_______________________________________ 

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 76/2007/NĐ-CP dated May 9, 2007 of the Government on business operations of air cargo transportation and common aviation activities;

The Minister of Transport hereby promulgates the following:

Article 1. Amending and supplementing some articles of Decision No. 13/2007/QĐ-BGTVT dated March 26, 2007 of the Ministry of Transport on recognizing certificates of qualification for air cargo transportation of dangerous goods with the following contents:

1. Amend Article 7 as follows:

", Clause 1, Clause 2 Article 7a of this Regulation.. Procedures for recognizing certificates of qualification for regular air cargo transportation of dangerous goods of foreign airlines.
1. Foreign airlines applying for recognition of certificates of qualification for regular air cargo transportation of dangerous goods shall submit one set of application documents directly, via postal service, or via email or fax to the Civil Aviation Authority of Vietnam and bear responsibility for the information contained in the application documents. The application documents include:
a) An application letter according to the model prescribed in Appendix 1 attached hereto;
b) A copy of the certificate of qualification for air cargo transportation of dangerous goods issued by the State of the airline or the aircraft operator concerned;
c) A copy of the professional certificate of aviation staff regarding air cargo transportation of dangerous goods;
d) Foreign airlines applying for recognition of certificates of qualification for regular air cargo transportation of dangerous goods shall pay the fee as prescribed by law.
2. Within ten days from the date of receipt of complete application documents as prescribed, the Civil Aviation Authority of Vietnam shall examine and evaluate the content of the application documents and decide on the recognition of certificates of qualification for regular air cargo transportation of dangerous goods.
a) The certificate of qualification for air cargo transportation of dangerous goods has a validity period of two years from the date of issuance but does not exceed the validity period of the certificate of qualification for air cargo transportation of dangerous goods issued by the State of the airline or the aircraft operator concerned; in case the Civil Aviation Authority of Vietnam recognizes the certificate of qualification for air cargo transportation of dangerous goods of a foreign airline, the validity period of the certificate of qualification corresponds to the validity period of the certificate of qualification for air cargo transportation of dangerous goods issued by the State of the airline but does not exceed two years.
b) In case the application documents for recognizing certificates of qualification for air cargo transportation of dangerous goods are incomplete as prescribed, within three working days from the date of receipt of the application documents directly or the date marked on the postal service stamp or via email or fax, the Civil Aviation Authority of Vietnam shall issue a notice requesting the airline to complete the application documents and the time limit for resolution will be calculated from the date of receipt of complete application documents as prescribed.

3. Procedures for re-recognizing certificates of qualification for regular air cargo transportation of dangerous goods of foreign airlines shall be implemented according to the provisions of Clause 1 of this Article."

2. Supplement Article 7a as follows:

"Article 7a. Procedures for recognizing certificates of qualification for occasional air cargo transportation of dangerous goods of foreign airlines.
1. The Civil Aviation Authority of Vietnam shall recognize certificates of qualification for occasional air cargo transportation of dangerous goods of foreign airlines simultaneously with the issuance of permits for flights entering and leaving Vietnam for conducting civil aviation activities.
2. The applicant must submit a copy of the certificate of qualification for air cargo transportation of dangerous goods issued by the State of the airline or the aircraft operator concerned along with the application for flight permit according to the model prescribed in Appendix 2 attached hereto.

3. The Civil Aviation Authority of Vietnam shall consider and notify the recognition or non-recognition of certificates of qualification for occasional air cargo transportation of dangerous goods of foreign airlines in the flight permit or in the refusal letter for the flight permit for occasional transport of dangerous goods to the applicant within three days from the date of receipt of the application."

3. Supplement two Appendices as follows:

"a) Appendix 1: Model application for recognizing certificates of qualification for regular air cargo transportation of dangerous goods.

b) Appendix 2: Model application for recognizing certificates of qualification for occasional air cargo transportation of dangerous goods."

Article 2. Implementation

1. This Circular takes effect forty-five days from the date of signature;

2. Abolish Article 8 of Decision No. 13/2007/QĐ-BGTVT dated March 26, 2007 of the Ministry of Transport on issuing and recognizing certificates of qualification for air cargo transportation of dangerous goods.

3. The Director of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Civil Aviation Authority of Vietnam, Heads of agencies, organizations, and individuals related thereto are responsible for implementing this Circular./.