Decision No. 267/2003/QĐ-TTg on the functions, tasks, powers, and organizational structure of the Vietnam Civil Aviation Authority

Pursuant to …;

Article 1 stipulates the functions, tasks, powers, and organizational structure of the Civil Aviation Administration of Vietnam.

________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Civil Aviation Law of Vietnam dated December 26, 1991 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated April 20, 1995;
Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
Considering the proposal of the Minister of Transport,

DECISION:

Article 1. Position and Functions

The Civil Aviation Administration of Vietnam is an organization under the Ministry of Transport, implementing state management functions in the civil aviation sector throughout the country.

The Civil Aviation Administration of Vietnam has legal personality, uses a seal with the National Emblem, receives funding from the state budget, opens accounts at the State Treasury, and its headquarters is located in Hanoi City.

The Civil Aviation Administration of Vietnam's trading name in English is: CIVIL AVIATION ADMINISTRATION OF VIETNAM, abbreviated as: CAAV.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the Minister of Transport the strategy, planning, long-term plans, five-year plans, annual plans, projects, programs, and other initiatives within the civil aviation sector throughout the country.

2. Draft and submit to the Minister of Transport legal normative documents on civil aviation.

3. Submit to the Minister of Transport for issuance standards, procedures, regulations, economic-technical norms, and administrative management systems specific to the civil aviation sector.

4. Implement legal normative documents, strategies, plans, standards, procedures, regulations, and economic-technical norms after their issuance; specify the application of certain standards and technical-operational procedures for organizations and units operating in the aviation field in accordance with aviation laws and the authority's management and operational control; disseminate, popularize, and educate on aviation laws.

5. Regarding airport management:

a) Draft legal normative documents and proposals for the Minister of Transport to consider and submit to the Prime Minister for promulgation or approval of the overall planning of the civil airport system nationwide and international airports; submit to the Minister of Transport for approval of local civil airport planning;

b) Draft coordination regulations for state management activities at civil airports for the Minister of Transport to consider and submit to the Prime Minister for promulgation; take the lead and coordinate with relevant state management agencies at civil airports to implement such coordination regulations;

c) Submit to the Minister of Transport for consideration and submission to the Prime Minister for decisions on establishing civil airports, opening international air traffic ports, suspending operations of civil airports; guide, permit, and supervise the exploitation, use, maintenance, and repair of infrastructure and civil airports according to approved plans;

d) Announce or announce within its authority the opening, closure, or suspension of operations of civil airports; organize the registration and issuance of licenses for the operation of civil airports.

6. Regarding air transport management:

a) Draft conditions and procedures for operating air transport-related services for the Minister of Transport to consider and submit to the Government and the Prime Minister for regulation; organize the issuance of permits and other documents for organizations and individuals providing air transport-related services in accordance with laws and international treaties to which Vietnam is a party;

b) Participate in the assessment for the establishment, merger, or dissolution of air transport enterprises for the Minister of Transport to consider and submit to the Prime Minister for decision;

c) Submit to the Minister of Transport for issuance of regulations, procedures, and rules regarding air transport and related services; organize statistics, research, and market forecasting for air transport;

d) Issue or issue by delegation air traffic rights for air transport operations to air transport enterprises; organize supervision of air transport activities.

7. Regarding air operation safety management:

a) Organize the registration of civil aircraft and related security transactions;

b) Inspect and issue, recognize validity, extend, revoke, or cancel certificates of airworthiness, operation certificates of civil aircraft, and other certificates and licenses related to civil aircraft operation;

c) Guide and inspect the leasing, subleasing, operation, repair, and maintenance of civil aircraft and equipment, purchase, sale, and liquidation of civil aircraft and equipment;

d) Manage and monitor the production and use of equipment and devices for civil aircraft and supplies serving flight operations;

đ) Organize the registration and issuance, recognition of validity, extension of licenses, certificates of professional capability, and other documents related to pilots, flight crew members, flight instructors, aircraft maintenance technicians, and other aviation personnel;

e) Organize and supervise training and instruction for pilots, flight crews, aircraft maintenance technicians, and other aviation personnel in accordance with laws and international treaties to which Vietnam is a party.

8. Regarding flight activity management:

a) Draft plans for the establishment and permission to operate air routes, airspace areas, flight information regions for the Minister of Transport to submit to the Prime Minister for decision and implementation;

b) Implement the issuance of permits for civil aviation operations; issue permits for the operation of specialized technical equipment for flight management, navigation aids, communication stations, and civil flight control facilities;

c) Organize and manage civil aviation operations on Vietnamese territory and flight information regions under Vietnamese jurisdiction;

d) Organize and manage the provision of specialized flight management services in accordance with laws and international treaties to which Vietnam is a party.

d) Coordinate with functional agencies of the Ministry of National Defense and other relevant agencies in organizing management and use of airspace.

e) Inspect and implement issuance, recognition of validity, extension, revocation, cancellation, or suspension of use of certificates for air traffic controllers, aviation operation staff, flight dispatchers, meteorological observers and forecasters, and other aviation personnel.

9. Serve as the focal point to participate in the National Committee for Search and Rescue; organize cooperative search and rescue activities and investigate civil aviation accidents.

10. Serve as the focal point to assist the Minister of Transport in chairing and coordinating with the Ministry of Public Security and other state agencies to draft and submit regulations on aviation security to competent state authorities for promulgation, joint issuance, or issuance by the Minister of Transport; approve aviation security programs of relevant organizations in accordance with the law; organize and supervise implementation of measures to ensure security and safety for aviation operations and special flights.

11. Regarding management of investment projects in the aviation sector:

a) Submit to the Minister of Transport for decision on investment projects in the aviation industry;

b) Manage investment and construction for projects under its delegated authority; decide on investment and manage projects within its authority;

c) Organize technical design review, total budget estimates, and project budgets for investment projects under its delegated authority.

12. Participate in establishing and guiding implementation of pricing frameworks or tariffs for exclusive transportation services and services subsidized by the State or assigned to enterprises.

13. Draft plans for international cooperation in aviation to be submitted to the Minister of Transport; lead in drafting international treaties and participate in negotiations to sign and join international treaties and organizations related to aviation; sign international agreements and organize implementation of international treaties and agreements on civil aviation according to the authorization of the Minister of Transport; organize implementation of international cooperation activities within its authority; the Civil Aviation Administration of Vietnam serves as the liaison with the International Civil Aviation Organization (ICAO).

14. Organize scientific research and application of advanced science and technology in the aviation sector; coordinate with relevant agencies on environmental protection in aviation activities.

15. Conduct inspections, investigations, handle complaints, accusations, anti-corruption, and ensure compliance with laws on civil aviation; handle violations according to the authority of the Administration.

16. Develop and implement the Administrative Reform Program of the Administration in accordance with the objectives and content of the Administrative Reform Program of the Ministry of Transport.

17. Manage organizational structure, use of approved staffing; implement salary systems and incentive policies, rewards, and disciplinary actions for officers, civil servants, officials, and employees under its management; implement training, development, and human resource development in the aviation sector according to the delegation of the Ministry of Transport.

18. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the provisions of the law;

19. Directly engage with relevant state agencies or according to the authorization of the Minister of Transport.

20. Perform other tasks assigned by the Minister of Transport.

Article 3. Organizational Structure

a) Organizations assisting the Director of the Administration:

1. Planning and Investment Department;

2. Science and Technology Department;

3. Airport Management Department;

4. Flight Safety Standards Department;

5. Air Cargo Transportation Department;

6. Flight Operations Management Department;

7. Aviation Security Department;

8. Personnel Organization Department;

9. Finance Department;

10. Civil Aviation Inspection Bureau;

11. Office.

The establishment of offices under each department shall be decided by the Minister of Transport upon recommendation of the Director of the Civil Aviation Administration of Vietnam.

b) Units directly under the Administration:

1. Civil Aviation Control Center of Vietnam;

2. Northern Airports Cluster;

3. Central Airports Cluster;

4. Southern Airports Cluster.

c) Service units:

1. Vietnam Aviation School;

2. Civil Aviation Health Center;

3. Civil Aviation Magazine.

Article 4. Leadership of the Department

The Civil Aviation Administration has a Director, and Deputy Directors assist the Director.

The Director of the Civil Aviation Administration is appointed and relieved from duty by the Prime Minister upon the proposal of the Minister of Transport. The Director of the Civil Aviation Administration is responsible to the Minister of Transport for all activities of the Civil Aviation Administration.

Deputy Directors of the Civil Aviation Administration are appointed and relieved from duty by the Minister of Transport upon the proposal of the Director of the Civil Aviation Administration. Deputy Directors of the Civil Aviation Administration are responsible to the Director of the Civil Aviation Administration for the tasks assigned by the Director.

Article 5. Effectiveness and Responsibility for Implementation

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Minister of Transport, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities, and the Director of the Civil Aviation Administration are responsible for implementing this Decision.