Decision No. 36/2007/QD-BGTVT on the functions, tasks, powers, and organization of the Civil Aviation Inspectorate

Pursuant to …;

Regulations on the functions, tasks, powers, and organization of the Civil Aviation Inspectorate

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 MINISTER OF TRANSPORT

Based on the Inspection Law No. 22/2004/QH11 dated June 15, 2004;

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

Based on 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;

Based on Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of transport inspection;

Pursuant to the proposal of the Chief Inspector of the Ministry of Transport and the Director of the Civil Aviation Authority of Vietnam,

Pursuant to …;:

Article 1. Scope of regulation and applicable subjects

1. This Decision regulates the functions, tasks, powers, and organization of the Civil Aviation Inspectorate.

2. This Decision applies to agencies, organizations, and individuals related to the organization and operation of the Civil Aviation Inspectorate.

3. The activities of the Civil Aviation Inspectorate shall be carried out in accordance with the Civil Aviation Law of Vietnam and the laws on inspection; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall apply.

Article 2. Position and Functions

1. The Civil Aviation Inspectorate belongs to the system of transport inspection, being an agency under the Civil Aviation Authority of Vietnam that performs administrative inspection and specialized aviation inspection within the scope of management of the Civil Aviation Authority of Vietnam.

The Civil Aviation Inspectorate is subject to the direction of the Director of the Civil Aviation Authority of Vietnam (hereinafter referred to collectively as the Director) and is guided in inspection work and procedures by the Inspectorate of the Ministry of Transport (hereinafter referred to collectively as the Inspectorate of the Ministry).

2. The Civil Aviation Inspectorate has its own seal and is entitled to open an account at the State Treasury for its inspection operations.

3. The Civil Aviation Inspectorate's name in English is Vietnam Civil Aviation Inspectorate, abbreviated as CAI.

Article 3. Tasks and Powers of the Civil Aviation Inspectorate

1. Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals directly managed by the Director.

2. Inspect compliance with regulations concerning documents, materials, certificates, licenses, and certificates related to civil aviation activities; standards, procedures, technical safety norms, and conditions for aircraft, equipment serving aircraft, civil airports, air navigation services, and other areas of civil aviation activities.

3. Inspect domestic and foreign airlines operating in Vietnam regarding their air transportation operations, air safety, and aviation security.

4. Decide to suspend the activities of organizations, individuals, and means violating regulations on aviation safety and security or failing to meet technical safety and security standards for aviation safety and security.

5. Decide to suspend flights in the following cases:

a) Emergencies serving national sovereignty protection and national security or discovery of aircraft violating defense and security regulations;

b) Violations of flight qualification standards, aircraft operation regulations, aviation safety and security, flight procedures, flight plan establishment and execution, and flight permits;

c) Discovery of flights posing threats to aviation safety and security.

The decision to suspend flights provided for in this clause takes immediate effect and must be communicated to the aircraft commander, air traffic service providers, and relevant authorities and organizations.

6. Decide to impound aircraft in the following cases:

a) Violation of national sovereignty and security of Vietnam;

b) Failure to rectify violations specified in point b, Clause 5 of this Article or refusal to comply with violation handling measures by competent authorities;

c) Committing prohibited acts related to flight operations, aircraft exploitation, and air transportation;

d) Violation of laws related to flight crews, passengers, baggage, and cargo transported in aircraft.

The decision to impound aircraft provided for in this clause takes immediate effect and must be communicated to the aircraft commander, aircraft operator, and relevant authorities and organizations.

7. Administer administrative penalties in the field of civil aviation, apply preventive measures and enforcement according to the law on administrative violations.

8. Propose or submit proposals to competent authorities to improve policies and laws on specialized aviation management; propose suspension or revocation of unlawful provisions discovered through inspections; propose measures to address and rectify violations in civil aviation activities.

9. Assist the Director in organizing citizen reception, handling complaints and denunciations in accordance with the law.

10. Coordinate with inspectors from other specialized management agencies under the Ministry of Transport, inspectors from other ministries, sectors, localities, and related agencies during inspections involving civil aviation-related fields; with law enforcement agencies in preventing, stopping, and combating illegal acts within the scope of assigned duties and powers.

11. Summarize and report the results of administrative inspections and specialized inspections according to the guidelines of the Ministry of Transport.

12. Perform other tasks and powers as prescribed by law and assigned by the Director and the Chief Inspector of the Ministry.

Article 4. Duties and powers of the Director of Civil Aviation Inspection

1. Manage and direct the Civil Aviation Inspection to perform duties and powers as stipulated in this Decision.

2. Develop inspection programs and plans for approval by the Director of the Department and organize their implementation.

3. Decide on inspections, establish inspection teams to carry out inspection decisions or assign inspectors to perform inspection tasks within their authority.

4. Recommend the Director of the Department to consider responsibility and handle individuals with violations under the management of the Director of the Department; coordinate with heads of agencies and organizations in considering responsibility and handling individuals with violations under the management of those agencies and organizations.

5. Recommend the Director of the Department to resolve issues related to inspection work; if such recommendation is not accepted, report to the Director of the Ministry's Inspection Bureau to take measures to resolve according to regulations.

6. Decide to suspend, temporarily suspend, or recommend the competent authority to decide to suspend or temporarily suspend illegal actions by agencies, organizations, or individuals when there is evidence that such actions cause damage to state interests, rights and legitimate interests of citizens, or hinder the inspection process.

7. Recommend the Director of the Department or request relevant agencies, organizations, or individuals to implement measures to ensure aviation safety and security in accordance with regulations.

8. Conclude inspections within their authority or upon delegation.

9. Decide on administrative penalties within their authority or transfer cases to competent authorities for administrative penalties according to regulations.

10. Perform other duties and powers as prescribed by law.

Article 5. Organization and Staffing

1. The Civil Aviation Inspection has a Director of Inspection, Deputy Director of Inspection, Inspectors, and specialists.

a) The Director of Civil Aviation Inspection is appointed or relieved from duty by the Director of the Department after obtaining written agreement from the Director of the Ministry's Inspection Bureau. The Deputy Director of Civil Aviation Inspection is appointed or relieved from duty by the Director of the Department upon the proposal of the Director of Civil Aviation Inspection.

b) Civil Aviation Inspectors at all levels are appointed or relieved from duty by the Minister in accordance with government regulations and guidance from the competent authority.

c) Upon the proposal of the Director of Civil Aviation Inspection, the Director of the Department issues a decision to assign civil servants and officials with specialized qualifications from various specialized departments and subordinate agencies and organizations to cooperate regularly with the Civil Aviation Inspection to perform specialized aviation inspection functions as stipulated in this Decision. Civil servants and officials assigned to cooperate are trained in inspection procedures; they are subject to management, direction, and assignment of inspection tasks by authorized persons according to the law on inspection.

2. The staffing of the Civil Aviation Inspection belongs to the administrative staffing of the Vietnam Civil Aviation Administration, allocated annually by the Minister of Transport.

Article 6. Effectiveness and Responsibility for Implementation

1. This Decision takes effect fifteen days after its publication in the Official Gazette and revokes Decision No. 03/2005/QĐ-BGTVT dated January 4, 2005, of the Minister of Transport regarding the functions, duties, powers, and organization of the Vietnam Civil Aviation Administration Inspection Bureau.

2. The Director of the Ministry's Office, the Director of the Ministry's Inspection Bureau, Heads of Departments, the Director of the Vietnam Civil Aviation Administration, Heads of agencies and organizations, and related individuals are responsible for implementing this Decision.