Circular No. 33/2013/TT-BGTVT stipulates the tasks, powers, and organization of the Inspectorate of the Civil Aviation Authority of Vietnam.

CIRCULAR

Provisions on the tasks, powers, and organization of the Inspectorate

Civil Aviation Administration of Vietnam

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Based on the Inspection Law dated November 15, 2010;

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

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. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 57/2013/NĐ-CP dated May 31, 2013 of the Government on the organization and operation of inspection in the Transportation Sector;

Based on Decree No. 81/2013/NĐ-CP dated July 19, 2013, of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations.

At the proposal of the Chief Inspector of the Ministry of Transport, Director of the Vietnam Civil Aviation Authority,

The Minister of Transport issues this Circular to provide for the tasks, powers, and organization of the Inspectorate of the Vietnam Civil Aviation Authority.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the tasks, powers, and organization of the Inspectorate of the Vietnam Civil Aviation Authority (hereinafter referred to as the Inspectorate of the Civil Aviation Authority); the tasks and powers of the Chief Inspector of the Vietnam Civil Aviation Authority (hereinafter referred to as the Chief Inspector of the Civil Aviation Authority); guidance, management, and coordination in specialized aviation inspection activities.

Article 2. Applicability

This Circular applies to the Vietnam Civil Aviation Authority, the Inspectorate of the Civil Aviation Authority, Airports Control Units, and organizations and individuals related to civil aviation activities.

Chapter II

TASKS, POWERS AND ORGANIZATION OF THE INSPECTORATE OF THE VIETNAM CIVIL AVIATION AUTHORITY

Article 3. Position and functions of the Inspectorate of the Civil Aviation Authority

1. The Inspectorate of the Civil Aviation Authority is an agency of the Vietnam Civil Aviation Authority, assisting the Director of the Vietnam Civil Aviation Authority (hereinafter referred to as the Director) in performing the function of specialized aviation inspection according to Vietnamese laws and international civil aviation treaties to which Vietnam is a member.

The Inspectorate of the Civil Aviation Authority is under the leadership and direct guidance of the Director and is subject to guidance and direction on inspection business by the Inspectorate of the Ministry of Transport (hereinafter referred to as the Inspectorate of the Ministry).

The Inspectorate of the Civil Aviation Authority has the international trade name "Civil Aviation Inspectorate," abbreviated as "CAI."

2. The Inspectorate of the Civil Aviation Authority has its seal and is entitled to open an account at the State Treasury; it may use the seal of the Vietnam Civil Aviation Authority in accordance with the law on the management and use of seals.

3. The Inspectorate of the Civil Aviation Authority shall be equipped with material facilities, technical equipment, and means to serve inspection activities and administrative penalty enforcement.

Article 4. Organization and staffing of the Inspectorate of the Civil Aviation Authority

1. The Inspectorate of the Civil Aviation Authority has a Chief Inspector, Deputy Chief Inspectors, inspectors, and civil servants.

The Chief Inspector of the Civil Aviation Authority is appointed, relieved, or dismissed by the Director after receiving a written agreement from the Chief Inspector of the Ministry of Transport (hereinafter referred to as the Chief Inspector of the Ministry). The Deputy Chief Inspector of the Civil Aviation Authority is appointed, relieved, or dismissed by the Director upon the recommendation of the Chief Inspector of the Civil Aviation Authority.

2. The staffing of the Inspectorate of the Civil Aviation Authority belongs to the administrative staffing of the Vietnam Civil Aviation Authority assigned by the Minister of Transport.

Article 5. Tasks and Powers of the Inspectorate of the Civil Aviation Authority

1. Assist the Director in developing annual inspection plans to submit to the Minister of Transport for approval and organize their implementation after approval; guide the development, consolidation, and submission of inspection plans of Airports Control Units to the Director for approval.

2. Inspect organizations and individuals in compliance with specialized civil aviation laws, regulations on professional expertise, technical standards, industry management rules according to Vietnamese laws and international civil aviation treaties to which Vietnam is a member, in the following areas:

a) Ensuring aviation safety and security;

b) Aircraft; airworthiness conditions; aircraft maintenance and repair; aircraft operation;

c) Management and operation of civil airports; maintaining technical standards and conditions of civil airports; providing air services and non-air services at civil airports; maintaining standards and conditions of equipment operating within civil airports;

d) Environmental protection in aviation activities;

đ) Ensuring flight operations;

e) Air transportation and general aviation operations;

g) Management, deployment, utilization, and discipline of aviation personnel;

h) Training and instruction of aviation personnel;

i) Medical examination of aviation personnel;

k) Fees, charges; air service prices and non-air service prices at civil airports;

l) Other areas as prescribed by civil aviation laws.

3. Detect, record, apply preventive measures, decide on administrative penalties within their authority or recommend competent authorities to decide on administrative penalties according to regulations.

4. Monitor, urge, and inspect the implementation of conclusions, recommendations, post-inspection decisions, and administrative penalty decisions.

5. Recommend or request competent authorities to perfect policies and laws on specialized aviation management; recommend competent authorities to suspend or revoke illegal provisions discovered through inspections; recommend measures to address and rectify violations in aviation activities.

6. Assist the Director in organizing citizen reception; handling complaints and reports; preventing and combating corruption.

7. Promote and disseminate laws on: inspection work; administrative penalty enforcement; citizen reception; complaint and report resolution; prevention and combating corruption.

8. Assist the Chief Inspector of the Ministry in training and guiding inspection and administrative penalty enforcement business for civil servants and officials assigned to perform specialized inspection tasks of the Vietnam Civil Aviation Authority and Airports Control Units.

9. Summarize and report to the Inspectorate of the Ministry on results concerning: specialized inspection work; administrative penalty enforcement; citizen reception, complaint and report resolution; prevention and combating corruption within the jurisdiction of the Vietnam Civil Aviation Authority.

10. Perform other tasks assigned by the Director and the Chief Inspector of the Ministry.

Article 6. Duties and Authorities of the Director of the Civil Aviation Inspection Department

1. Organize, manage, and direct the activities of the Civil Aviation Inspection Department in accordance with the provisions of this Circular and other relevant laws.

2. Assist the Director General in directing and inspecting the Civil Aviation Port Authority in performing specialized inspection tasks; handle overlapping issues regarding the scope, subjects, content, and time of inspections conducted by units under the Civil Aviation Administration of Vietnam.

3. Decide to establish inspection teams according to approved inspection programs or plans, or assign inspectors and civil servants from the Civil Aviation Inspection Department to perform specialized civil aviation inspection tasks within their authority.

4. Request the Director General to re-inspect cases concluded by the Civil Aviation Port Authority Director if there are signs of violation of the law; conduct surprise inspections when discovering agencies, organizations, or individuals suspected of violating civil aviation laws or upon request of the Director of the Ministry's Inspection Department.

5. Recommend the Director General to temporarily suspend the execution of incorrect inspection decisions made by the Civil Aviation Port Authority.

6. Decide to stop or recommend competent authorities to stop illegal acts within the specialized field against agencies, organizations, or individuals if sufficient evidence confirms that such acts cause damage to state interests, lawful rights and interests of citizens, or hinder the inspection process.

7. Recommend the Director General or require related organizations or individuals to take necessary measures to ensure air safety, aviation security, and environmental protection as prescribed.

8. Impose administrative penalties within their authority or submit to competent authorities for decision on administrative penalties in accordance with laws on handling administrative violations.

9. Decide to halt flight operations or detain aircrafts in accordance with civil aviation laws and international civil aviation treaties to which Vietnam is a member.

10. Perform other duties and authorities assigned by the Director General or the Director of the Ministry's Inspection Department as stipulated by law.

Chapter III

GUIDANCE, MANAGEMENT AND COORDINATION OF SPECIALIZED CIVIL AVIATION INSPECTION ACTIVITIES

Article 7. Guidance and Management

1. The Ministry’s Inspection Department shall guide, supervise, and urge the construction and implementation of specialized civil aviation inspection plans; provide guidance and organize training for inspectors, civil servants, and staff tasked with specialized civil aviation inspection duties; impose administrative penalties in the civil aviation sector.

2. The Director General shall direct the Director of the Civil Aviation Inspection Department and the Civil Aviation Port Authority Director to survey, construct, and implement specialized civil aviation inspection programs and plans; direct coordination work between the Civil Aviation Inspection Department, specialized departments of the Civil Aviation Administration of Vietnam, and Civil Aviation Ports in performing inspection duties and authorities.

Article 8. Coordination of Activities

1. The Civil Aviation Inspection Department has the responsibility to:

a) Coordinate, manage, monitor, and develop domestic and foreign training plans for civil servants and staff performing inspection and administrative penalty tasks in the civil aviation sector;

b) Coordinate with Civil Aviation Ports in building forces to perform specialized civil aviation inspection tasks;

c) Coordinate with other specialized inspection agencies under the Ministry of Transport, other ministries, sectors, and local governments to address issues related to specialized civil aviation inspection activities; coordinate with law enforcement agencies in preventing, stopping, and combating violations of the law within the scope of assigned duties and authorities.

2. Heads of agencies under the Civil Aviation Administration of Vietnam have the responsibility to coordinate with the Civil Aviation Inspection Department in developing inspection and supervision plans; arrange and create conditions for civil servants and staff under their management to participate in performing specialized civil aviation inspection tasks.

3. Civil Aviation Ports have the responsibility to coordinate with the Civil Aviation Inspection Department in developing and implementing inspection plans; build specialized civil aviation inspection forces.

Article 9. Coordination Responsibilities of Organizations and Individuals

1. Agencies within the Transport Industry shall promptly, fully, and accurately provide information and documents requested by the Inspectorate of the Civil Aviation Administration when related to inspection content.

2. Organizations and individuals subject to inspection, and related agencies, organizations, and individuals shall cooperate and collaborate with members of the inspection team, inspectors, and specialized inspection officials during independent inspections and fulfill their responsibilities and authorities as prescribed by laws on inspection.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from December 1, 2013;

2. This Circular replaces Decision No. 36/2007/QĐ-BGTVT dated July 30, 2007 of the Minister of Transport stipulating the functions, tasks, powers, and organizational structure of the Civil Aviation Inspectorate.

Article 11. Responsibility for Implementation

The Director of the Ministry's Office, the Head of the Ministry's Inspectorate, Heads of Departments, Directors of the Civil Aviation Administration, the Head of the Civil Aviation Inspectorate, Directors of Airports, and Heads of relevant organizations and individuals are responsible for implementing this Circular./.