Circular No. 22/2013/TT-BGTVT on the maintenance of civil aviation works

CIRCULAR

Provisions on the maintenance of civil aviation works

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

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 83/2007/ND-CP dated May 25, 2007 of the Government on management and operation of civil airports and airfields;

Pursuant to Decree No. 114/2010/NĐ-CP dated December 6, 2010 of the Government on maintenance of construction works;

Pursuant to Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on construction project quality management;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on management of investment construction projects and Decree No. 83/2009/NĐ-CP dated October 15, 2009 amending certain articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on management of investment construction project;

Pursuant to Decree No. 112/2009/NĐ-CP dated December 14, 2009 of the Government on management of construction investment costs;.

Considering the proposal of the Director of the Infrastructure Department and the Director General of the Civil Aviation Authority of Vietnam;

The Minister of Transport issues regulations on the maintenance of civil aviation works..

Article 1. Scope of Regulation

This Circular stipulates provisions on the maintenance of civil aviation works serving civil aviation activities (hereinafter referred to as civil aviation works) within the territory of Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, related to the management and maintenance of civil aviation works of all forms of ownership within the territory of Vietnam.

Article 3. Explanation of Terms

1. Civil aviation works are works serving civil aviation activities as prescribed by laws on civil aviation, including:

a) Works belonging to airport infrastructure;

b) Works providing air services at airports;

c) Works providing air traffic service assurance.

2. Maintenance of works refers to a set of tasks aimed at ensuring and maintaining the works in normal operational condition and safety according to design specifications throughout their operational period.

The content of work maintenance may include one, several, or all of the following tasks: inspection, quality testing, monitoring, maintenance, and repair of works.

3. The process of work maintenance is the regulation regarding time, sequence, procedures, and guidance for implementing maintenance tasks.

4. Inspection of works is a regular task aimed at identifying and promptly detecting incidents and malfunctions affecting the normal operational and safe condition of the works.

5. Quality testing of works is a task of checking and evaluating to determine the status and quality of the works according to technical standards applicable to the design of the works.

6. Monitoring of civil aviation works involves observing and measuring technical parameters of the works according to the requirements of the design during the operation and use of the works.

7. Maintenance of civil aviation works includes activities of monitoring, caring for, and repairing minor damages, and maintaining installed equipment; carried out regularly and periodically to maintain the works in a normal operational and safe condition and to minimize the occurrence of works damage.

8. Repair of civil aviation works is the rectification of damages of structural parts or multiple parts of the works, equipment affecting the safe operation of the works, with the aim of restoring the works to a normal operational and safe condition; including scheduled repairs and emergency repairs.

a) Scheduled repairs are repairs carried out periodically according to the maintenance procedure or when civil aviation works show signs of deterioration in quality, failing to ensure safe operation and use of the works.

b) Emergency repairs are carried out immediately upon discovery of incidents or malfunctions to ensure safe operation of civil aviation works.

9. Design life of civil aviation works is the operational and usage period of the works calculated by the designer during the design phase of the works.

10. Civil aviation works exceeding their design life are works that have been operated and used for a longer period than the design life determined according to the design documentation.

11. Civil works, parts of works showing signs of quality deterioration are works that have shown damages or failed to maintain sufficient operational conditions according to relevant technical standards and regulations.

12. Civil works, parts of works not ensuring safe operation and use are dangerous works, parts with a risk of collapse, cracking, subsidence, tilting up to critical values or operations threatening aviation safety according to relevant technical standards and regulations.

Article 4. Requirements for the maintenance of civil aviation works

1. All civil aviation works must be organized for maintenance upon being put into operation and use.

2. Maintenance of civil aviation works must be carried out according to the content, maintenance procedures, technical standards, economic and technical norms, and relevant legal provisions.

3. The maintenance of civil aviation works must be implemented according to plans established, reviewed, and approved in accordance with this Circular and relevant legal provisions.

Article 5. Documents for the maintenance of aviation infrastructure

1. The documents for the maintenance of aviation infrastructure include:

a) Completion records of aviation infrastructure projects;

b) Operation documents of aviation infrastructure;

c) Logs tracking the operation and exploitation process of aviation infrastructure; equipment history installed within aviation infrastructure;

d) Maintenance procedures for aviation infrastructure;

đ) Technical regulations and technical standards on the maintenance of aviation infrastructure; economic and technical norms for the maintenance of aviation infrastructure;

e) Records and documents for quality inspection, testing, monitoring, maintenance, and repair of aviation infrastructure;

g) Other necessary records and documents to serve the maintenance of aviation infrastructure.

2. Records and documents serving the maintenance work of aviation infrastructure must be kept and updated promptly with any changes to the infrastructure.

Article 6. Content of maintenance for aviation infrastructure

1. The content of maintenance for aviation infrastructure includes the following tasks:

a) Inspection of aviation infrastructure: according to the operation documents of the infrastructure;

b) Monitoring of aviation infrastructure: according to the design records of the infrastructure;

c) Maintenance of aviation infrastructure: regular and periodic maintenance according to the operation documents of the infrastructure;

d) Quality inspection of aviation infrastructure: when discovering defects, damage, or deterioration in the quality of the infrastructure, or when it is necessary to assess the current quality status of the infrastructure;

đ) Repair of aviation infrastructure: scheduled repairs and emergency repairs.

2. The maintenance of aviation infrastructure as stipulated in Clause 1 of this Article shall be carried out according to the approved maintenance procedures.

Article 7. Responsibilities of organizations and individuals in the maintenance of aviation infrastructure

1. Responsibility for maintaining aviation infrastructure with a single owner:

a) For state-owned aviation infrastructure: organizations and individuals assigned or leased by the State to manage, operate, and use the infrastructure have the responsibility to maintain the infrastructure;

b) For aviation infrastructure invested under the BOT (Build-Operate-Transfer) or BTO (Build-Transfer-Operate) model: the enterprise implementing the project (investor) is responsible for maintaining the infrastructure during the operational period of the BOT or BTO contract; upon completion of the operational period, organizations and individuals assigned to take over management, operation, and use of the infrastructure from the investor have the responsibility to continue maintaining the infrastructure;

c) For aviation infrastructure owned otherwise, the owner of the infrastructure has the responsibility to maintain the infrastructure or organizations and individuals leased by the owner to manage, operate, and use the infrastructure have the responsibility to maintain the infrastructure.

2. Responsibility for maintaining aviation infrastructure with multiple owners:

The owner of a separate part of the infrastructure has the responsibility to maintain their own ownership portion and simultaneously has the responsibility to maintain the common ownership portion of the infrastructure or organizations and individuals leased by the owner to manage, operate, and use the infrastructure have the responsibility to maintain the infrastructure. The division of responsibilities for maintaining the common ownership portion of the infrastructure is implemented according to relevant laws or agreed in writing by the owners of the infrastructure or those leased by the owners to manage, operate, and use the infrastructure.

3. When the owner leases or authorizes organizations or individuals to manage, operate, and use aviation infrastructure, they must include terms regarding the responsibility for maintaining the infrastructure in the lease agreement or in writing.

4. Individuals responsible for maintaining aviation infrastructure as stipulated in Clauses 1 and 2 of this Article are responsible for ensuring the funding for the maintenance of the infrastructure.

Article 8. Maintenance Procedures for Aviation Works

The person responsible for maintaining aviation works shall be responsible for requesting the construction contractor of the works, the equipment supplier to install the equipment into the works, or hiring another consulting organization with sufficient conditions for construction activities according to the law to establish maintenance procedures for aviation works and organize the examination and approval of maintenance procedures for aviation works in accordance with Articles 6, 7, and 8 of Decree No. 114/2010/NĐ-CP dated December 6, 2010 of the Government on the maintenance of construction works and relevant regulations of specialized aviation laws.

Article 9. Maintenance Plan for Aviation Works

1. The contents of the maintenance plan for aviation works include:

a) Name of the work, component of the work;

b) Implementation time;

c) Implementation method;

d) Budget estimate for implementation;

đ) Source of funds for implementation.

2. The person responsible for maintaining aviation works shall be responsible for establishing, submitting for approval, and organizing the annual implementation of the maintenance plan for aviation works; inspecting and testing the quality of the works (if applicable), monitoring the works, and implementing emergency repair plans for the works in accordance with this Circular.

3. The person responsible for maintaining aviation works shall be responsible for building the annual maintenance plan for aviation works to submit to the Civil Aviation Authority of Vietnam for consideration and approval. The application dossier for approval of the annual maintenance plan for aviation works must be sent directly or through postal service to the Civil Aviation Authority of Vietnam (one set of dossier) before November 15 each year.

4. The application dossier for approval of the annual maintenance plan for aviation works includes the following documents:

a) Request for approval of the maintenance plan;

b) The maintenance plan for aviation works according to Model No. 01 of Appendix 2 of this Circular.

The Civil Aviation Authority of Vietnam receives, checks the validity of the dossier in accordance with this clause and issues a receipt for the dossier, scheduling the date to return the result (if the dossier is submitted directly). In case the dossier does not meet requirements, within three working days from the date of receiving the dossier, the Civil Aviation Authority of Vietnam will issue a document guiding the completion of the dossier.

5. Within ten days from the date of receiving the complete dossier as stipulated in Clause 3 of this Article, the Civil Aviation Authority of Vietnam shall be responsible for examining and approving the annual maintenance plan for aviation works; in case of non-approval, a document stating the reasons must be issued.

6. Adjustments and supplements to the annual maintenance plan for aviation works are the responsibility of the Civil Aviation Authority of Vietnam for examination and approval of adjustments and supplements to the plan.

7. When approving or adjusting the maintenance plan for aviation works as prescribed in Clauses 5 and 6 of this Article, the Civil Aviation Authority of Vietnam sends the Ministry of Transport the approval document and the maintenance plan for aviation works for management, inspection, and supervision of the implementation of maintenance of aviation works in accordance with regulations.

Article 10. Requirements for Establishing and Approving the Maintenance Plan for Aviation Works

1. The maintenance plan for aviation works must be based on the consolidation and examination of data, reports, and proposals from the grassroots units, reflecting actual requirements and the current status of aviation works, consistent with the maintenance procedures for works according to the content of work maintenance and repair.

a) Regarding maintenance work:

- Based on the time when aviation works are put into operation and the actual operation of the works, it is necessary to strengthen maintenance work to prevent and promptly address minor damages to structural components and equipment of the works to improve the quality of service operations, prevent further damage and accidents, and ensure the lifespan of the works.

- The budget estimate is determined in accordance with the content of the work that needs to be maintained and the unit price, budget estimate according to the current standard rates. In cases where the standard rates have not been established or have been established but are not suitable, the Civil Aviation Authority of Vietnam directs related units to organize the establishment of new standard rates, submit to the Ministry of Transport or competent authority for approval.

b) For repair work:

- Based on the specified period and on the basis of the results of assessing and testing the current condition of aviation works (if applicable) regarding the deterioration of components and structures of the works and extensive damage to multiple parts of the works to develop and propose solutions for repairs or replacement to restore the initial quality of the works and ensure normal and safe operation of the works.

- The implementation process follows the regulations on investment and construction project management and other relevant legal provisions.

- Investment cost management for construction projects is implemented according to current regulations.

2. The content of the maintenance plan for aviation works established according to Model No. 1 of Appendix 2 of this Circular.

Article 11. Requirements and List of Construction Works and Parts of Works Required for Monitoring

1. For aviation works specified in Appendix 1 of this Circular, during the design process, the construction contractor must define the mandatory monitoring items and locations, monitoring time, and submit them to the competent authority for approval along with the project design.

In case the design documents of the works required for monitoring are lost or do not specify monitoring requirements, the person responsible for maintaining the works must organize the determination of mandatory monitoring items and locations, monitoring time; submit to the Vietnam Civil Aviation Authority for review and approval.

2. When aviation works and parts of works required for monitoring show signs of deterioration in quality, monitoring must be organized before the prescribed deadline.

3. General requirements for work monitoring:

a) Monitoring must be carried out according to the monitoring plan established by the monitoring contractor and approved by the person responsible for maintaining the works; the monitoring plan must specify the measurement methods, measuring equipment, layout diagrams and structure of markers, organization plans to ensure safety for operational activities, data processing methods, and other necessary contents;

b) The monitoring regulations include: monitoring positions; monitoring parameters and limit values of these parameters (e.g., deformation, tilt, settlement, crack, sagging...); monitoring time; number of measurement cycles and other necessary contents;

c) The monitoring contractor must prepare and report to the management and operation entities about the monitoring results, including measurement data which must be compared with the limit values stipulated by the construction contractor, technical standards applicable to the works;

If the monitoring data reaches the limit values specified in point b of this clause or shows other abnormal signs, the person responsible for maintaining the works must organize a safety assessment of the works and operational use, and take timely measures;

d) Organizations and individuals conducting monitoring must have the necessary conditions for construction activity capacity equivalent to the conditions of organizations and individuals conducting construction survey or quality inspection of construction works.

Article 12. Handling of Aviation Works at End of Design Life

1. Based on the design documents and acceptance results of the works, when reviewing and issuing permits for the operation and use of the works, the Vietnam Civil Aviation Authority must specify the operating and usage period of the works according to their design life.

In case the design documents of the works are lost or do not specify the design life, the person responsible for maintaining the works must organize the determination of the design life of the works according to the technical standards applicable to the works or based on the determined life of similar works of the same type and grade; submit to the Vietnam Civil Aviation Authority for review and approval.

2. Before the aviation works reach the end of their design life, the person responsible for maintaining the works must organize inspections, quality assessments, and evaluations of the current condition of the works. The quality evaluation documents of the works include:

a) The capability documents of the consulting organizations and individuals conducting inspections, quality assessments, and evaluations of the current condition of the works;

b) Reports from the inspection organizations regarding the results of inspections, quality assessments, and evaluations of the current condition of the works, along with repair requirements and plans;

c) The approved maintenance procedures for aviation works.

3. At least 90 days before the end of the design life of the aviation works, the person responsible for maintaining the works must submit to the Vietnam Civil Aviation Authority for consideration and decision on handling the works as follows:

a) Continue using the works or restrict the use of part of the works;

b) Change the function of the works and repair them;

c) Cease the use of the works entirely.

4. The person responsible for maintaining the works must submit one set of documents directly or through postal service to the Vietnam Civil Aviation Authority for handling aviation works at the end of their design life, including the following documents:

a) Request document according to Model No. 03 in Appendix 2 of this Circular;

b) Quality evaluation results of the works;

c) Repair plan for the works if requesting the plans specified in points a and b of Clause 3 of this Article.

The Vietnam Civil Aviation Authority will accept, check the validity of the documents according to this provision, issue a receipt for the documents, and schedule a date to return the results (if submitted directly). In case the documents are incomplete, within three working days from the date of receipt, the Vietnam Civil Aviation Authority will issue a document guiding the completion of the documents.

5. Within thirty days from the date of receiving all documents as stipulated in Clause 4 of this Article, the Vietnam Civil Aviation Authority is responsible for reviewing and approving the handling plan for aviation works and sending the approval document to the applicant while reporting to the Ministry of Transport. In case the handling plan is not approved, the Vietnam Civil Aviation Authority must respond in writing to the applicant and provide specific reasons.

In necessary cases, the Vietnam Civil Aviation Authority may organize a re-inspection of the quality assessment of the works before approving the handling plan.

Article 13. Handling of air transport facilities and parts thereof that do not ensure safety for operation and use air transport works, parts of air transport works that do not ensure safety for operation and use

1. When discovering signs of deterioration in quality or failure to ensure safety for operation and use of air transport facilities or parts thereof, the person responsible for maintaining the facility shall be responsible for:

a) Inspecting the facility or certifying the quality of the facility;

b) Deciding to implement safety measures including limiting the use of the facility, moving people and cargo, immediately carrying out emergency repairs or ceasing the use and operation of the facility;

c) Preparing a repair plan to submit to the competent authority for approval in accordance with Article 9 of this Circular and organizing its implementation.

2. The Civil Aviation Authority of Vietnam shall be responsible for:

a) Organizing inspections, assessing the level of danger, requiring the implementation of repairs, stopping or temporarily suspending the operation of the facility in accordance with regulations; reporting to the Ministry of Transport;

b) Deciding on the application of safety measures for air transport facilities and reporting to the Ministry of Transport the results of implementation;

c) Handling the responsibility of the owner, the person responsible for maintaining the facility, organizations, and individuals related thereto.

3. Other organizations and individuals engaged in civil aviation have the right to notify state management agencies, persons responsible for maintaining the facility when they discover incidents or air transport facilities and parts thereof that do not ensure safety for operation and use, for prompt handling.

Article 14. Inspection and Reporting on the Implementation of Maintenance of Air Transport Facilities

1. The Civil Aviation Administration of Vietnam shall take the lead and coordinate with relevant agencies to organize the development and issuance of annual and ad hoc inspection plans regarding the maintenance of air transport facilities; compile and report periodically and ad hoc to the Ministry of Transport (quarterly before the 22nd day of the last month of each quarter; annually before December 25 each year).

2. The content of inspecting the implementation of maintenance of air transport works includes:

a) The establishment and approval of maintenance procedures for air transport facilities in accordance with regulations;

b) Compliance with maintenance regulations for air transport facilities by owners or those leased by owners to manage, operate, and use the facilities according to prescribed inspection regimes;

c) Reporting on the implementation of maintenance of air transport facilities by owners or those authorized in accordance with regulations;

d) Implementation of provisions in Articles 10, 11, and 12 of this Circular in cases where facilities must be monitored compulsorily, facilities at the end of their design life; handling of facilities and parts thereof that do not ensure safety for operation and use;

e) Other contents related to the implementation of maintenance plans for air transport facilities in accordance with laws or assigned by the Ministry of Transport.

3. The content of reports on inspections of the implementation of maintenance work for air transport facilities as stipulated in Clause 2 of this Article must fully specify the name of the facility, the component of the facility implemented; quantity and cost of implementation; completion time; adjustments and occurrences compared to the assigned plan; assessment of implementation results (according to the approved plan); proposals and recommendations during the implementation of maintenance work for air transport facilities (Report form according to Form No. 02 Appendix 2 of this Circular).

Article 15. Quality Management of Maintenance Work on Airfield Facilities

The owner and the person responsible for maintaining airfield facilities shall be responsible for implementing quality management of maintenance work on such facilities in accordance with the provisions of Decree No. 15/2013/ND-CP dated February 6, 2013 of the Government on construction project quality management, Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on investment and construction project management, Decree No. 83/2009/ND-CP dated October 15, 2009 amending and supplementing certain articles of Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on project management for investment and construction projects, Decree No. 114/2010/ND-CP dated December 6, 2010 of the Government on construction project maintenance, and other relevant legal provisions.

Article 16. Management of Payment and Settlement of Costs for Maintenance of Airfield Facilities

1. Determination of costs for implementing maintenance of airfield facilities shall be carried out in accordance with guidelines issued by the Ministry of Construction, the Ministry of Finance, and other relevant legal provisions.

2. Management, utilization, payment, and settlement of funds for maintenance of airfield facilities shall be conducted in accordance with the provisions of the State Budget Law, Decree No. 114/2010/ND-CP dated December 6, 2010 of the Government on construction project maintenance, Decree No. 112/2009/ND-CP dated December 14, 2009 of the Government on construction project cost management, and other relevant legal provisions.

Article 17. Effective Date

1. This Circular takes effect from November 1, 2013.

2. Two Appendices are promulgated along with this Circular for use in managing maintenance of airfield facilities.

Article 18. Implementation Organization

1. The Heads of the Office of the Ministry, the Inspectorate of the Ministry, the Directors of Departments, the Director of the Civil Aviation Administration of Vietnam, the Heads of agencies, units, and organizations and individuals concerned are responsible for enforcing this Circular.

2. In case of difficulties during implementation, agencies, organizations, and individuals are requested to promptly report to the Ministry of Transport for consideration and resolution.