Circular No. 22/2016/TT-BGTVT on the management of seaplane operations, dedicated water airports, and seaplane landing and takeoff areas.

CIRCULAR

Regulations on the management of seaplane operations,

dedicated water airports, and water takeoff and landing areas

                            

Pursuant to the Civil Aviation Law No. 66/2006/QH11 dated June 29, 2006; the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Law on Inland Waterway Transport No. 23/2004/QH11 dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport No. 48/2014/QH13 dated June 17, 2014;

Pursuant to the Vietnam Maritime Code No. 40/2005/QH11 dated June 14, 2005;

Pursuant to Decree No. 42/2016/NĐ-CP dated May 15, 2016 of the Government stipulating conditions, procedures, and formalities for opening and closing dedicated airports;

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;

The Minister of the Ministry of Transport issues this Circular providing templates for administrative violation penalty decision records and decisions in the civil aviation sector.

The Minister of Transport hereby promulgates this Circular on the management of seaplane operations, dedicated water airports, and water takeoff and landing areas.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the management of seaplane operations, dedicated water airports, and water takeoff and landing areas serving regular commercial flight activities.

2. This Circular applies to:

a) Seaplane operators, dedicated water airport operators, and water takeoff and landing area operators serving regular commercial flight activities;

b) Agencies, organizations, and individuals related to the management of seaplane operations, dedicated water airports, and water takeoff and landing areas serving regular commercial flight activities.

Article 2. Interpretation of Terms

1. A seaplane is a specialized aircraft designed to be capable of taking off and landing, moving on runways made of materials or land, and water surfaces.

2. A water takeoff and landing area is a designated area on a water surface used for seaplanes to take off or land.

3. A dedicated water airport is a designated area on a water surface and other infrastructure and auxiliary equipment used for seaplanes to operate for common air transport purposes or passenger, baggage, cargo, and mail transportation without public carriage.

4. A seaplane operator is an organization or individual operating seaplanes after being granted or recognized by the competent authority with an Aircraft Operator Certificate.

5. A dedicated water airport operator is an organization or individual granted an Airport Operation Certificate.

PART II
MANAGEMENT OF SEAPLANE OPERATIONS, DEDICATED WATER AIRPORTS, WATER TAKEOFF AND LANDING AREAS

Article 3. General provisions on seaplane operations on water surfaces

1. Seaplanes must take off and land at dedicated water airports and water takeoff and landing areas that have been registered with an Airport Registration Certificate, an Airport Operation Certificate, and opened according to civil aviation laws.

2. Seaplane operations on water surfaces are subject to management by the Marine Port Authority, Inland Waterway Port Authority, and Department of Transport where the dedicated water airport and water takeoff and landing areas are located and permitted to operate.

3. Seaplanes and seaplane operations on water surfaces must comply with regulations concerning routes, ensuring security, safety, and preventing environmental pollution in the fields of civil aviation, maritime, and inland waterways.

Article 4. Airport Registration Certificate

1. The Airport Registration Certificate is issued by the Civil Aviation Administration of Vietnam to operators of dedicated water airports and water takeoff and landing areas serving regular commercial flight activities according to Article 50 of the Civil Aviation Law and implementing documents.

2. Before issuing the Airport Registration Certificate, based on the scope of management of agencies in the maritime and inland waterway sectors, the Civil Aviation Administration of Vietnam must seek opinions from the Vietnam Maritime Administration, the Vietnam Inland Waterway Administration, the Department of Transport (in cases where the dedicated water airport is located on a local inland waterway route or a national inland waterway route authorized to manage), and the Combat Operations Directorate (General Staff) on the following contents:

a) Location and scale of the project;

b) Impact of the dedicated water airport on routes, channels, and the protection zones of other facilities in the area.

Within seven working days from the date of receipt of the document, the agency whose opinion is sought shall provide a written response to the Civil Aviation Administration of Vietnam, and if they disagree, they must clearly state the reasons.

Article 5. Certificate for Operating Dedicated Airports

1. Dedicated airports on water surfaces and water landing zones designed and constructed in accordance with the provisions of Government Decree No. 42/2016/NĐ-CP dated May 15, 2016 on conditions, procedures, and formalities for opening and closing dedicated airports.

2. The Certificate for Operating Dedicated Airports shall be issued by the Civil Aviation Administration of Vietnam to operators of dedicated airports on water surfaces and water landing zones that are opened for regular commercial aviation activities in accordance with Article 51 of the Civil Aviation Law of Vietnam and guiding documents.

3. Prior to issuing the Certificate for Operating Dedicated Airports, based on the management scope of relevant agencies in maritime and inland waterway sectors, the Civil Aviation Administration of Vietnam must submit the Operating Manual of Dedicated Airports to the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, and the Department of Transport (in cases where the dedicated airport is located on a local inland waterway route or a national inland waterway route authorized to manage) and the Combat Operations Directorate (General Staff) for their opinions on the contents of the Operating Manual of Dedicated Airports.

Within seven working days from the date of receipt of the document, the agency whose opinion is sought shall provide a written response to the Civil Aviation Administration of Vietnam, and if they disagree, they must clearly state the reasons.

Article 6. Operating Manual of Dedicated Airports

1. The contents of the Operating Manual of Dedicated Airports include:

a) The organizational structure, functions, tasks, and authorities of the operator of dedicated airports on water surfaces or water landing zones; name, address, and contact phone number of the operator of dedicated airports on water surfaces or water landing zones; human resources system ensuring operation;

b) General information about dedicated airports on water surfaces and water landing zones, including: diagrams showing location, overall layout, reference point coordinates, coordinates of both ends of the water surface strip; plans of the area where construction works or equipment installation are expected;

c) Information on the dimensions of dedicated airports on water surfaces and water landing zones and related areas; positions of watercraft movement or mooring guidance systems on water surfaces; information on other infrastructure systems (if any); emergency evacuation plan for damaged watercraft within the operational area; layout drawings of dedicated airports on water surfaces and water landing zones;

d) Environmental protection documentation, oil spill response plans;

e) Operation procedures for watercraft; security and safety measures; emergency plans; documentation of the safety management system of dedicated airports on water surfaces and water landing zones.

2. The Operating Manual of Dedicated Airports shall be amended and supplemented when there are changes related to its contents. Approval of amendments and supplements to the Operating Manual of Dedicated Airports shall be carried out in accordance with laws on civil aviation.

Article 7. Aviation Security Program of Watercraft Operators, Operators of Dedicated Airports on Water Surfaces

1. Operators of watercraft, operators of dedicated airports on water surfaces, and operators of water landing zones opened for regular commercial aviation activities shall develop an Aviation Security Program and submit it to the Civil Aviation Administration of Vietnam for approval in accordance with Article 196 of the Civil Aviation Law of Vietnam.

2. Approval of the Aviation Security Program for operators of watercraft, operators of dedicated airports on water surfaces, and operators of water landing zones as stipulated in Clause 1 of this Article shall be carried out in accordance with laws on civil aviation.

3. Prior to approving the Aviation Security Program of operators of watercraft, operators of dedicated airports on water surfaces, and operators of water landing zones, based on the management scope of relevant agencies in the maritime and inland waterway sectors, the Civil Aviation Administration of Vietnam must seek the opinions of the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, and the Department of Transport (in cases where the dedicated airport is located on a local inland waterway route or a national inland waterway route authorized to manage) to ensure principles of maritime and inland waterway security management.

Within seven working days from the date of receipt of the document, the agency whose opinion is sought shall provide a written response to the Civil Aviation Administration of Vietnam, and if they disagree, they must clearly state the reasons.

Article 8. Provisions on Entering and Leaving Seaports, Ports, and Inland Waterway Wharfs for Seaplanes

1. Seaplanes shall be considered as vessels or inland waterway craft when operating on the water surface; they may enter and leave seaports, ports, and inland waterway wharfs and must comply with relevant regulations concerning the management of vessels entering and leaving seaports, ports, and inland waterway wharfs.

2. When entering and leaving seaports, ports, and inland waterway wharfs, seaplanes must follow the procedures stipulated by laws on maritime and inland waterway transport.

3. The exploitation documents of seaplanes include:

a) Documents to be submitted: departure permit from seaport or port, wharf; flight plan; crew and passenger list;

b) Documents to be presented: certificate of vessel operator; certificate of airworthiness; pilot license; documents related to payment of fees and charges.

Article 9. Responsibilities of Organizations and Individuals in the Exploitation Activities of Seaplanes, Dedicated Water Surface Airports, and Water Surface Takeoff and Landing Sites

1. Responsibilities of the Civil Aviation Administration of Vietnam:

a) Notifying flight permits to Maritime Port Authorities, Inland Waterway Port Authorities, and Departments of Transport at locations with dedicated water surface airports and takeoff and landing sites;

b) Supervising the exploitation activities of seaplanes according to approved airport operation manuals;

c) Supervising security and safety operations at dedicated water surface airports and takeoff and landing sites according to civil aviation laws;

d) Leading and coordinating with relevant agencies and forces to implement search and rescue operations and emergency responses at airports when seaplanes encounter danger within the airport area or nearby areas, or at dedicated water surface airports and takeoff and landing sites;

đ) Inspecting, auditing, and supervising the activities of dedicated water surface airports and takeoff and landing sites.

2. Responsibilities of the Vietnam Maritime Administration:

a) Directing subordinate agencies and units to ensure maritime safety conditions for seaplane exploitation activities on the water surface in accordance with maritime laws;

b) Coordinating with the Civil Aviation Administration of Vietnam to inspect and supervise the activities of dedicated water surface airports and takeoff and landing sites within seaport waters and under the jurisdiction of Maritime Port Authorities;

c) Coordinating search and rescue operations for seaplanes at sea and within seaport waters according to regulations.

3. Responsibilities of the Inland Waterway Transport Administration of Vietnam:

a) Directing subordinate agencies and units to ensure safe inland waterway traffic conditions for seaplane exploitation activities, dedicated water surface airports, and takeoff and landing sites;

b) Coordinating with the Civil Aviation Administration of Vietnam to inspect and supervise the activities of dedicated water surface airports and takeoff and landing sites within port and wharf waters under their jurisdiction;

c) Coordinating search and rescue operations for seaplanes on inland waterways, port and wharf waters, outside channels, and unregulated waters.

4. Responsibilities of Maritime Port Authorities, Inland Waterway Port Authorities, and Departments of Transport where dedicated water surface airports and seaplane takeoff and landing sites are located under their jurisdiction:

a) Managing the activities of seaplanes entering and leaving seaports or ports and wharfs when dedicated water surface airports and takeoff and landing sites are within seaport or port and wharf waters;

b) Managing the activities of vessels around dedicated water surface airports and takeoff and landing sites to ensure security and safety;

c) Processing permits, collecting fees and charges for seaplanes entering and leaving seaports, ports, and wharfs according to maritime and inland waterway transport laws;

d) Supervising the movement of seaplanes on the water surface within their jurisdiction;

đ) Preventing and handling violations of maritime and inland waterway transport security and safety and preventing environmental pollution caused by seaplanes on the water surface within their jurisdiction and responsibility.

5. Responsibilities of Seaplane Operators, Dedicated Water Surface Airport Operators, and Takeoff and Landing Site Operators:

a) Submitting flight plans for each flight to Maritime Port Authorities, Inland Waterway Port Authorities, and Departments of Transport at locations with dedicated water surface airports and takeoff and landing sites under their jurisdiction;

b) Complying with civil aviation, maritime, and inland waterway transport laws regarding seaplanes during takeoff, landing, and movement on the water surface;

c) Ensuring that seaplane takeoffs and landings do not affect the course and direction of vessel movements;

d) Fulfilling all financial obligations related to leasing water surfaces, bridges, and wharfs, and obtaining permits to enter and leave seaports or ports and wharfs according to maritime and inland waterway transport laws;

đ) Ensuring security and safety for seaplane and dedicated water surface airport and takeoff and landing site activities according to civil aviation, maritime, and inland waterway transport laws.

Chapter III
IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from November 1, 2016.

2. During the implementation of this Circular, if there are difficulties or obstacles, relevant agencies, organizations, and individuals should promptly report them to the Ministry of Transport for consideration and resolution.

Article 11. Implementation Organization

The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Civil Aviation Administration of Vietnam, Directors of the Vietnam Maritime Administration, Directors of the Inland Waterway Transport Administration of Vietnam, Directors of Departments of Transport, Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.