Circular No. 24/2021/TT-BGTVT on the management and maintenance of civil aviation works

CIRCULAR

Regulations on management and maintenance of aviation works

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Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Some Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Construction Law dated June 18, 2014 and the Law Amending and Supplementing Certain Provisions of the Construction Law dated June 28, 2020;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 44/2018/NĐ-CP dated March 13, 2018 of the Government stipulating the management, use, and exploitation of aviation infrastructure assets;

Pursuant to Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of airports and airfields;

Pursuant to the Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 detailing certain provisions on quality management, construction works, and maintenance of construction projects;

At the proposal of the Director of the Infrastructure Department under the Ministry of Transport and the Director General of the Civil Aviation Administration of Vietnam;

The Minister of Transport hereby promulgates this Circular stipulating the management and maintenance of aviation works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the management and maintenance of civil aviation works.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to organizations and individuals related to the management and maintenance of aviation works within the territory of Vietnam.

Article 2. Interpretation of Terms

1. Aviation works are works serving civil aviation activities in accordance with the laws on civil aviation, including:

a) Infrastructure construction works at airports as stipulated in Clause 3, Article 3 of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on the management and exploitation of airports and airfields;

b) Works and technical infrastructure ensuring flight operations outside the boundaries of airports and airfields;

c) Infrastructure facilities of aviation service providers located outside the boundaries of airports and airfields.

2. Aviation works invested in and managed by the State are aviation infrastructure assets invested in and managed by the State, falling under the scope regulated by the Law on Management and Use of Public Assets and Decree No. 44/2018/NĐ-CP dated March 13, 2018 of the Government stipulating the management, use, and exploitation of aviation infrastructure assets (hereinafter referred to as Decree No. 44/2018/NĐ-CP).

3. Maintenance of aviation works is a set of tasks aimed at ensuring and maintaining the normal and safe operation of aviation works according to the design specifications during their exploitation and use. The content of aviation work maintenance may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of aviation works; supplementing and replacing components and equipment to ensure the safe exploitation and use of aviation works but does not include activities that change the function or scale of aviation works.

4. The maintenance procedure for aviation works is documentation specifying the sequence, content, and guidance for implementing maintenance tasks for aviation works.

5. Inspection of aviation works is the act of examining visually or using specialized equipment to assess the current condition of aviation works in order to detect signs of deterioration and damage to the works and installed equipment, thereby taking timely measures.

6. Monitoring of aviation works is the activity of observing, measuring, and recording changes in geometry, deformation, displacement, and other technical parameters of the works and surrounding environment over time.

7. Quality testing of aviation works is the activity of inspecting and evaluating the quality or cause of damage, value, service life, and other technical parameters of a part of the works, installed equipment, or aviation works through monitoring, testing combined with calculation and analysis.

8. Maintenance of aviation works is the activity (observation, repair of minor damages, maintenance of installed equipment) carried out regularly and periodically to maintain aviation works in a normal operating and usage state and to limit the occurrence of works damage.

9. The designed service life of aviation works (design lifespan) is the period during which the works are expected to be used, ensuring safety and functional requirements. The designed service life of the works is specified in technical standards, applicable standards, and construction project design tasks.

10. The actual service life of the works (actual lifespan) is the period during which the works are actually used from the date of commissioning, ensuring safety and functional requirements.

11. The person managing and using aviation works is the owner of the works if the direct owner manages, uses, and exploits them, or an organization or individual authorized by the owner to manage, use, and exploit them when the owner does not directly manage, use, and exploit them, or is the person managing and using the works in accordance with relevant laws.

12. The entity entrusted with the management, use, and exploitation of aviation works invested in and managed by the State is a business, organization, or individual entrusted with the management, use, and exploitation of State-invested and -managed aviation infrastructure assets in accordance with Decree No. 44/2018/NĐ-CP.

Article 3. Requirements for the management and maintenance of aviation facilities

1. Aviation facilities must be managed, operated, and maintained according to regulations after being put into operation. The period for management and maintenance starts from the date of acceptance and handover for facility operation.

2. Maintenance of aviation facilities must be carried out according to the annual maintenance plan and the approved maintenance procedures by the competent authority; implementation of maintenance shall comply with this Circular and other relevant laws.

3. Maintenance of aviation facilities must be conducted in accordance with technical standards, norms, economic and technical quotas on management and maintenance of aviation facilities, and corresponding maintenance procedures for such facilities approved by the competent authority.

4. Management, operation, and maintenance of aviation facilities must ensure the lifespan of the facilities, operational safety, security, air safety; safety for people and property, facility safety, fire prevention, and environmental protection.

Article 4. Costs for maintaining aviation facilities

1. Costs for maintaining aviation facilities shall be implemented in accordance with Article 35 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on quality management, construction works, and maintenance of construction projects (hereinafter referred to as Decree No. 06/2021/NĐ-CP); Circular No. 14/2021/TT-BXD dated September 8, 2021 of the Minister of Construction guiding the determination of costs for maintaining construction projects. Management and use of maintenance funds for aviation facilities shall comply with the relevant legal provisions corresponding to the source of funds ensuring maintenance work for aviation facilities.

2. The budget estimate for maintenance costs of aviation facilities shall be prepared in accordance with the law, consistent with technical requirements, maintenance tasks to be performed, the maintenance plan for aviation facilities, construction conditions, and construction methods. For maintenance tasks of aviation facilities not included in the published construction cost norms or already included but not suitable for technical requirements and tasks, they shall be carried out in accordance with the law on investment and construction management.

3. Contents of expense items related to the maintenance of aviation facilities invested in and managed by the State include:

a) Regular, periodic, and emergency inspection costs of aviation facilities;

b) Maintenance costs of aviation facilities;

c) Periodic and emergency repair costs of aviation facilities;

d) Inspection and quality assessment costs of aviation facilities serving maintenance work;

đ) Monitoring costs of aviation facilities;

e) Safety assessment costs of facilities during operation;

g) Costs for implementing maintenance tasks of aviation facilities: preparing, reviewing, or adjusting maintenance procedures and quotas serving maintenance work; preparing maintenance plans for aviation facilities; surveying, preparing, reviewing repair and maintenance project estimates and necessary costs for maintenance work in accordance with regulations.

Chapter II

MANAGEMENT AND MAINTENANCE OF AVIATION FACILITIES

Article 5. Procedures for implementing maintenance of aviation works

The procedures for implementing maintenance of aviation works shall be carried out in accordance with Article 30 of Decree No. 06/2021/NĐ-CP.

Article 6. Maintenance procedures for aviation works

1. Responsibility for establishing maintenance procedures for aviation works

a) For newly constructed, renovated, or upgraded aviation works, the responsibility to establish maintenance procedures shall comply with the provisions of Clause 2, Article 31 of Decree No. 06/2021/NĐ-CP;

b) For aviation works currently in use but without established maintenance procedures, the owner or manager/user of the works shall organize the establishment of maintenance procedures for aviation works in accordance with the provisions of Clause 3, Article 31 of Decree No. 06/2021/NĐ-CP;

c) For aviation works invested in and managed by the State: the person assigned to manage and operate aviation works invested in and managed by the State shall organize the establishment and submit for approval by the Ministry of Transport or approval of adjustments to the maintenance procedures. In necessary cases, quality inspection of aviation works may be organized as a basis for establishing maintenance procedures for aviation works. Within the maintenance procedures, the remaining service life of the works, parts, and components of the works, and equipment installed in the works must be clearly defined;

d) Where there are technical standards for maintenance or maintenance procedures for similar works that are suitable, the owner or manager/user of the works may apply such technical standards or procedures to the works without the need to establish separate procedures.

2. Approval of maintenance procedures for aviation works

a) For newly constructed, renovated, or upgraded aviation works where the Ministry of Transport is the investor: the Ministry of Transport shall approve maintenance procedures for Class I and special class works according to Appendix I issued together with Circular No. 06/2021/TT-BXD dated June 30, 2021, of the Minister of Construction on classification of construction works and guidance on application in investment and construction management; other works shall be classified for approval of maintenance procedures by the Civil Aviation Authority of Vietnam;

b) For newly constructed, renovated, or upgraded aviation works not falling under the circumstances specified in point a of Clause 2 of this Article, the investor shall organize the approval of maintenance procedures for the works in accordance with the provisions of Clause 2, Article 31 of Decree No. 06/2021/NĐ-CP;

c) For aviation works invested in and managed by the State that have been put into operation and use but do not have established maintenance procedures or have maintenance procedures that require adjustment, the authority specified in point a of Clause 2 of this Article shall approve the maintenance procedures;

d) For aviation works not falling under the circumstances specified in Clause c of this Article that have been put into operation and use but do not have established maintenance procedures or have maintenance procedures that require adjustment, the owner or manager/user of the works shall organize the approval of maintenance procedures;

đ) The organization responsible for approving maintenance procedures may engage consultants to review part or all of the maintenance procedures for the works before approval. The cost of engaging consultants for review shall be implemented in accordance with the laws on quality management and maintenance of construction works.

Article 7. Documents for managing and maintaining air transport infrastructure projects

1. Documents for managing and maintaining air transport infrastructure projects.

a) Decision approving the investment project and feasibility study report on construction or economic-technical report on construction;

b) Report on the results of construction site investigation;

c) Construction design drawings dossier confirmed by the investor (with a list of drawings attached) and any design changes during construction;

d) As-built drawings (with a list of drawings attached);

đ) Monitoring and testing results of the quality of the works, structural load-bearing capacity tests (if any) during construction, lists of spare parts, components, materials reserved for replacement and other related documents;

e) Quality management dossier of equipment installed in the works;

g) Operation and exploitation procedures of the works (if any); maintenance procedures of the works;

h) Dossier for handling incidents of the works (if any);

i) Completion acceptance records of individual works, construction projects put into use by the investor. Appendices listing issues requiring repair and rectification (if any);

k) Notification of approval of completion acceptance results of individual works, construction projects by the competent authority on construction (if any);

l) Handover records of the works.

2. Documents for managing and maintaining air transport infrastructure projects managed by the State.

a) Documents stipulated in Clause 1 and 2 of this Article;

b) Handover and receipt records of air transport infrastructure assets according to Model 01 issued together with this Circular.

3. The investor shall be responsible for handing over documents for managing and maintaining air transport infrastructure projects to the owner or manager/user of the air transport infrastructure before handing over the works for operation and use.

4. The owner or manager/user of the air transport infrastructure shall be responsible for retaining the dossiers and documents for maintenance work and timely updating the dossiers and documents reflecting any changes in the air transport infrastructure.

Article 8. Monitoring and Updating the Condition of Air Transport Infrastructure Works

Responsibilities of the owner or manager/user of the works during the exploitation of air transport infrastructure:

1. Regular, periodic, and ad hoc inspections of air transport infrastructure works to promptly identify signs of deterioration and damage to the works and equipment installed therein, serving as a basis for repairs, maintenance, and other tasks; assess the safety of the works in accordance with laws on quality management and maintenance of construction works;

2. Maintain a continuous record and update the condition and damage status of air transport infrastructure works under their management to develop maintenance plans, report to competent authorities, and organize repairs and rectifications to ensure safe operation and smooth air traffic of the works.

Article 9. Contents of Maintenance of Air Transport Infrastructure Works

The contents of maintenance of air transport infrastructure works include one, several, or all of the following tasks:

1. Inspection of air transport infrastructure works

a) Inspections of air transport infrastructure works can be visual, based on regular monitoring data (if available), or using specialized inspection equipment;

b) Inspections of air transport infrastructure works include inspections according to technical standards and approved maintenance procedures; regular, periodic, and ad hoc inspections aimed at identifying signs of deterioration and damage to the works and equipment installed therein, serving as a basis for maintenance of the works.

2. Maintenance of air transport infrastructure works includes tasks carried out according to technical standards on maintenance of air transport infrastructure works and maintenance procedures.

3. Repair of air transport infrastructure works

a) Periodic repair: includes activities to repair, rectify damage to the works or replace parts of the works and equipment installed therein discovered during operation and use, aiming to restore and improve the technical condition of the works and ensure normal, safe operation of the works and individual works;

b) Ad hoc repair of air transport infrastructure works: includes activities to repair, rectify damage to the works or replace parts of the works and equipment installed therein due to sudden impacts from typhoons, floods, earthquakes, collisions, fires, aircraft accidents, and other sudden impacts, or when the works or parts thereof show signs of deterioration affecting safe use, operation, and exploitation of the works.

4. Quality inspection of air transport infrastructure works for maintenance purposes shall be carried out in accordance with Clause 5 of Article 33 of Decree No. 06/2021/NĐ-CP.

5. Monitoring of air transport infrastructure works as prescribed in Article 14 of this Circular.

6. Safety assessment of air transport infrastructure works as prescribed in Article 16 of this Circular.

7. Other tasks.

Article 10. Content of Air Transport Infrastructure Management

1. Regular and emergency inspections following natural disasters or other abnormal impacts to promptly identify damages and violations concerning the safety of infrastructure, handle according to authority or recommend higher authorities to process in accordance with regulations.

2. Monitor passenger and transport vehicle traffic volumes and compile analytical data in report and graphical form.

3. Establish files for dangerous positions of air transport infrastructure, obstacles, and monitor the results of handling.

4. Organize disaster prevention and address unusual incidents related to infrastructure.

5. Update relevant data on air transport infrastructure.

6. Report regularly and urgently as prescribed.

Article 11. Application of Standards, Norms, and Quotas in Managing and Maintaining Air Transport Infrastructure

1. For regular maintenance work on air transport infrastructure: apply standards; comply with technical norms and economic-technical quotas issued by competent authorities.

2. For periodic and emergency repair work on air transport infrastructure: apply provisions of laws on investment and construction of projects and related laws.

Article 12. Establishment, Approval, and Adjustment of Maintenance Plans for Air Transport Infrastructure

1. The content of the maintenance plan for air transport infrastructure includes basic information such as name of infrastructure, project list, project components, tasks to be performed; unit; main volume; estimated implementation budget; scale and technical solutions for repair and maintenance; time frame; implementation method; priority level. The content of the maintenance plan for air transport infrastructure follows Model 02 attached to this Circular.

2. Prioritized tasks in the maintenance plan include:

a) Priority tasks include: maintenance; volume of projects carried over from the previous year; handling and rectifying infrastructure incidents; repairing and supplementing infrastructure to ensure aviation safety; periodic repair of infrastructure that has exceeded its design lifespan to restore technical criteria (crack degree, roughness index) according to design standards; establishing management and maintenance standards and quotas; determining pavement classification index, pavement condition index, runway friction coefficient ensuring safety for operation and use, and other necessary tasks determined in the maintenance plan.

b) When drafting the maintenance plan, prioritize tasks to allocate funds for implementation.

3. Owners or managers/users of air transport infrastructure establish annual maintenance plans based on approved maintenance procedures and current infrastructure status.

4. Establish, approve, and adjust maintenance plans for state-invested and managed air transport infrastructure.

a) Annually, based on the technical status of the infrastructure, information about the scale and structure of the infrastructure, maintenance history, other information and data, technical standards, maintenance procedures, quotas, and prioritization provisions under Clause 2 of this Article, the entity responsible for managing, using, and operating state-invested and managed air transport infrastructure prepares management and maintenance needs and prioritized project lists for next year's investment preparation, submitting to the Civil Aviation Authority of Vietnam, Ministry of Transport before May 30.

The Civil Aviation Authority of Vietnam compiles management and maintenance needs and prioritized project lists for next year's investment preparation and reports to the Ministry of Transport before June 15 annually.

b) Before June 30 annually, the Ministry of Transport approves management and maintenance needs for the next year; approves tasks and prioritized project lists for next year's investment preparation within the maintenance plan.

c) Based on the tasks and lists approved by the Ministry of Transport at point b of this clause, the entity responsible for managing, using, and operating state-invested and managed air transport infrastructure organizes the establishment, review, and approval of project proposals or economic-technical reports for infrastructure repairs, approves budgets and other necessary tasks before October 31.

d) Based on the contents approved at point c of this clause and additional necessary management and maintenance tasks outside the lists specified at point b of this clause, the entity responsible for managing, using, and operating state-invested and managed air transport infrastructure compiles and submits to the Ministry of Transport the next year's maintenance plan before November 15 annually.

e) Adjustment of management and maintenance plans

In case it is necessary to adjust and supplement repair works outside the approved maintenance plan, the entity responsible for managing, using, and operating state-invested and managed air transport infrastructure submits to the Ministry of Transport for approval of adjustment and supplementation of management and maintenance tasks and lists into the maintenance plan for implementation.

f) Management and maintenance requirements shall be implemented in accordance with the State Budget Law and related provisions in this Circular.

Article 13. Implementation of the air transport facility maintenance plan

1. Based on the approved annual air transport facility maintenance plan, the owner or the person managing and using the facility shall organize the implementation of the air transport facility maintenance plan; bear legal responsibility for the quality of air transport facility maintenance.

2. For air transport facilities invested in and managed by the State

a) Based on the annual maintenance plan approved by the Ministry of Transport, organizations or individuals authorized by the owner to carry out tasks, or persons entrusted with the management, use, and operation of the facility shall organize the implementation according to regulations;

b) As for emergency repair work for State-invested and managed air transport facilities, the person entrusted with the management, use, and operation of the facility shall be responsible for organizing the implementation according to the law, and must report to the Ministry of Transport and the Civil Aviation Administration of Vietnam immediately upon completion of the work.

Article 14. Monitoring of Air Transport Facilities

1. Air transport facilities or parts thereof that must be monitored during operation and use, as stipulated in Clause 6, Article 33 of Decree No. 06/2021/NĐ-CP, include:

a) Passenger terminal buildings, cargo terminal buildings, aircraft hangars, cargo warehouses, large-span structural facilities of frame type, and facilities ensuring flight operations;

b) Runways, taxiways, aprons;

c) Air transport facilities or parts thereof showing signs of settlement, cracking, tilting, and other abnormal signs that may cause collapse and loss of safety during operation and use.

d) As required by the project investor, owner, or manager and user of the facility.

2. The monitoring content for the facilities specified in Clause 1 of this Article is included in the air transport facility maintenance procedures, including: monitoring locations, monitoring parameters, and limit values of these parameters (deformation, tilt, settlement, crack, displacement, deflection, etc.); monitoring time, number of monitoring cycles, and other necessary contents.

3. General requirements for air transport facility monitoring during operation and use:

a) The monitoring contractor shall develop a monitoring plan consistent with the contents stipulated in Clause 2 of this Article; which includes methods of measurement, measuring equipment, layout diagrams and construction of monitoring points, organization of implementation, data processing methods, and other necessary contents to be submitted to the owner or manager and user of the air transport facility for approval.

b) The monitoring contractor must conduct monitoring according to the approved monitoring plan and report the monitoring results to the person responsible for maintenance. Monitoring data must be compared and evaluated against the limit values set by the design and construction contractor or technical standards and specifications applied.

In case the monitoring data stipulated in Clause 2 of this Article exceeds the permissible limit value or shows other abnormal signs, the person responsible for maintenance must organize a safety assessment of the facility during operation and use and take timely measures to address the situation.

4. The person entrusted with the management, use, and operation of State-invested and managed air transport facilities has the responsibility to inspect and propose monitoring of the assigned air transport facilities or parts thereof during operation and use, to be included in the annual air transport facility maintenance plan.

Article 15. Management of Quality of Maintenance Work for Aviation Infrastructure

1. The owner or user-manager of aviation infrastructure shall be responsible for implementing quality management of maintenance work in accordance with Article 34 of Decree No. 06/2021/NĐ-CP and other relevant laws.

2. Quality management of maintenance work for aviation infrastructure invested under the public-private partnership model shall be carried out in accordance with Clause 1 of this Article and the following provisions:

a) The delineation of responsibilities between the competent state agency signing the project contract under the public-private partnership model and the project enterprise for quality management of maintenance work shall be implemented in accordance with this Circular, and stipulated in the project contract.

b) The competent state agency signing the public-private partnership project contract shall organize inspections of the project enterprise in performing maintenance work to ensure quality in accordance with the law; if violations of quality standards, technical standards, or approved maintenance procedures are discovered, they shall be handled in accordance with the construction law and the provisions of the project contract.

3. The warranty period for repair work on aviation infrastructure shall be carried out in accordance with the law on quality management, construction, and maintenance of construction works.

4. In cases where aviation infrastructure requires monitoring or quality inspection, such activities must be conducted in accordance with Clause 6 of Article 34 of Decree No. 06/2021/NĐ-CP and the provisions of this Circular.

Article 16. Safety Assessment of Aviation Infrastructure

1. During operation and use, the following special and Class I aviation infrastructure projects must be periodically assessed for safety:

a) Passenger terminals;

b) Runways, taxiways, aircraft parking aprons: determining pavement classification index, pavement condition index, runway friction coefficient, and other maintenance tasks according to the maintenance procedure.

c) Air traffic control towers; long-range control centers.

2. The procedures and contents of safety assessment of aviation infrastructure shall be implemented in accordance with Articles 36 and 37 of Decree No. 06/2021/NĐ-CP.

3. The responsibility for organizing the safety assessment of aviation infrastructure shall be carried out in accordance with Clause 1 and Clause 2 of Article 38 of Decree No. 06/2021/NĐ-CP.

4. For aviation infrastructure invested in and managed by the State, the person assigned to manage, use, and operate the infrastructure has the responsibility to organize safety assessments during operation and use; report the results of the safety assessment to the Ministry of Transport for review and comments in cases of extending the usage period of the infrastructure.

Article 17. Provisions on Handling Aviation Infrastructure Exceeding Design Service Life but Still Required for Use

1. The owner or manager/user of the infrastructure shall determine the service life of the infrastructure based on the construction design documents and applicable technical regulations and standards.

If the design documents of the infrastructure are lost or do not specify the lifespan, the person responsible for maintaining the infrastructure shall organize the determination of the design lifespan of the infrastructure in accordance with applicable technical regulations and standards, or based on the lifespan already determined for similar infrastructure of the same type and class.

2. The handling of aviation infrastructure exceeding its design service life shall be carried out in accordance with Article 41 of Decree No. 06/2021/NĐ-CP.

3. For aviation infrastructure invested in and managed by the State: the person assigned to manage, use, and operate the infrastructure shall carry out the tasks stipulated in Article 41 of Decree No. 06/2021/NĐ-CP; report to the Ministry of Transport for consideration and comments in cases of extending the usage period of the infrastructure.

Article 18. Handling of aviation works showing signs of danger and not ensuring safety for operation and use

1. The owner or manager/user of the aviation work shall be responsible for: regularly monitoring and inspecting the aviation work to promptly detect parts of the work, equipment installed on the work that are damaged, deteriorated in quality, and not ensuring safety for operation and use.

2. When discovering sections of the work or the work showing signs of danger and not ensuring safety for operation and use, the owner or manager/user of the aviation work shall temporarily suspend the operation and use of the work and shall be responsible for performing the tasks prescribed in Clause 1 of Article 40 of Decree No. 06/2021/ND-CP and other relevant laws. In case of failure to handle in a timely manner, causing damage to people and property, the owner or manager/user of the aviation work shall bear responsibility according to the provisions of the law.

3. For aviation works invested in and managed by the State: the person entrusted with managing, using, and operating the work shall report to the Ministry of Transport for examination and handling when discovering sections of the work or the work showing signs of danger and not ensuring safety for operation and use.

Article 19. Reporting on the Implementation of Management and Maintenance of Aviation Works

1. The manager/user of the aviation work who is the owner or an organization or individual authorized by the owner to manage, use, and operate the aviation work shall report to the Civil Aviation Authority of Vietnam on the implementation of the maintenance plan for aviation works every six months and annually or at any time when requested by the Civil Aviation Authority of Vietnam, as detailed below:

a) Report title: report on the implementation of the maintenance plan for aviation works;

b) Content of the report: contents related to the implementation of the maintenance plan for aviation works according to the model attached as Appendix 03 issued together with the Circular;

c) Method of sending and receiving reports: the report shall be presented in paper form or electronic form. The report shall be sent to the receiving authority through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: every six months and annually;

đ) Deadline for submitting the report: before July 5 for the semi-annual report; before December 15 each year for the annual report; the semi-annual report for the last six months of the year shall be replaced by the annual report;

e) Time period for finalizing data for the report: from January 1 to June 30 of the reporting period for the semi-annual report; from December 15 of the previous year to December 14 of the reporting period for the annual report;

g) Outline of the report: according to the model attached as Appendix 03 issued together with the Circular.

2. The Civil Aviation Authority of Vietnam shall compile and report on the implementation of the maintenance plan for aviation works to the Ministry of Transport every six months and annually or at any time when requested by the Ministry of Transport, as detailed below:

a) Report title: report on the implementation of the maintenance plan for aviation works;

b) Content of the report: contents related to the implementation of the maintenance plan for aviation works according to the model attached as Appendix 04 issued together with the Circular;

c) Method of sending and receiving reports: the report shall be presented in paper form or electronic form. The report shall be sent to the receiving authority through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: every six months and annually;

đ) Deadline for submitting the report: before July 10 for the semi-annual report; before December 20 each year for the annual report; the semi-annual report for the last six months of the year shall be replaced by the annual report;

e) Time period for finalizing data for the report: from January 1 to June 30 of the reporting period for the semi-annual report; from December 15 of the previous year to December 14 of the reporting period for the annual report;

g) Outline of the report: according to the model attached as Appendix 04 issued together with the Circular.

3. For aviation works invested in and managed by the State: the person entrusted with managing, using, and operating the work shall report to the Civil Aviation Authority of Vietnam on the implementation of the maintenance plan for aviation works every six months and annually or at any time when requested by the Civil Aviation Authority of Vietnam as stipulated in Clause 1 of this Article, and simultaneously report to the Ministry of Transport on the implementation of the maintenance plan for aviation works every six months and annually or at any time when requested by the Ministry of Transport.

The Civil Aviation Authority of Vietnam shall compile and report on the implementation of the maintenance plan for aviation works to the Ministry of Transport every six months and annually or at any time when requested by the Ministry of Transport as stipulated in Clause 2 of this Article.

Article 20. Responsibilities for Management and Maintenance of Aviation Infrastructure

1. Responsibilities of the Ministry of Transport

The Ministry of Transport shall organize regular and spot checks on the implementation of maintenance plans for aviation infrastructure as prescribed.

2. Responsibilities of the Civil Aviation Authority of Vietnam

a) Inspect, guide those entrusted with managing, using, and operating aviation infrastructure to implement maintenance work on state-invested aviation infrastructure according to assigned maintenance plans, ensuring operational safety and smooth air transport activities; ensure compliance with maintenance procedures, operation procedures, technical standards and norms, and assigned maintenance plans;

b) Inspect, supervise, and handle according to their authority, or recommend competent state agencies to handle organizations and individuals violating management and maintenance of aviation infrastructure;

c) Carry out tasks within the responsibility of specialized state management agencies related to management and maintenance of aviation infrastructure as prescribed by law.

3. Responsibilities of those entrusted with managing, using, and operating state-invested aviation infrastructure

a) Organize management, operation, and maintenance of entrusted aviation infrastructure, ensuring operational safety and smooth air transport activities as prescribed in this Circular and relevant laws;

b) Implement assigned maintenance plans as prescribed;

c) Comply with inspections, checks, and handling actions by competent state agencies in fulfilling responsibilities for management, operation, and maintenance of aviation infrastructure;

d) Handle according to their authority, or recommend competent state agencies to handle organizations and individuals violating management, operation, use, and maintenance of aviation infrastructure;

e) Report declarations, perform data entry into the database system for aviation infrastructure assets as stipulated in Article 25 of Decree No. 44/2018/NĐ-CP.

4. Owners or managers, users of self-financed, managed aviation infrastructure have the responsibility to:

a) Organize management, operation, and maintenance of infrastructure under their management, ensuring operational safety and smooth air transport activities as prescribed;

b) Comply with inspections and checks by competent state agencies in fulfilling responsibilities for management, operation, and maintenance of aviation infrastructure;

c) Bear legal responsibility for incidents or deterioration of infrastructure due to non-compliance with maintenance regulations.

5. For aviation infrastructure invested through public-private partnership, investors, project enterprises bear the responsibility for maintaining infrastructure during operation and use according to project contracts. Upon expiration of the operation period or when the project enterprise is required to cease operations before the end of the operation period, the entity entrusted with taking over management, use, and operation of the infrastructure from the investor or project enterprise shall continue to maintain the infrastructure.

6. Organizations and individuals receiving limited-term transfers, leasing rights to operate and run aviation infrastructure bear the responsibility for managing aviation infrastructure and maintaining infrastructure according to contracts; bear legal responsibility for incidents or deterioration of infrastructure due to non-compliance with maintenance regulations.

When owners lease or entrust management and use of aviation infrastructure to organizations or individuals, they must include provisions regarding the responsibility for maintaining aviation infrastructure in the lease, management, operation, and use contracts.

Owners or those entrusted with managing, using, and operating infrastructure have the responsibility to ensure funding for implementing maintenance of aviation infrastructure.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Circular takes effect from January 15, 2022, and replaces Circular No. 48/2016/TT-BGTVT dated December 30, 2016, issued by the Minister of Transport on aviation infrastructure maintenance.

Article 22. Implementation organization

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

2. During implementation, if issues arise, organizations and individuals should promptly report them to the Ministry of Transport for review and resolution./.