Decision No. 36-TTg On the issuance of the Charter on organization and operation of the Civil Aviation Administration of Vietnam

Pursuant to …;

Regarding the issuance of the Charter on the organization and operation of the Civil Aviation Administration of Vietnam

PRIME MINISTER

Based on the Government Organization Law dated September 30, 1992;

To specify the organization and operation of the Civil Aviation Administration of Vietnam, and to clearly define the tasks, powers, and responsibilities of the Director of the Civil Aviation Administration of Vietnam,

DECISION:

Article 1The Charter on the organization and operation of the Civil Aviation Administration of Vietnam is hereby issued together with this Decision.

Article 2. The Minister of Transport, the Director of the Civil Aviation Administration of Vietnam, the ministers, heads of ministerial-level agencies, heads of agencies under the Government, and the Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision.

CHARTER

ON THE ORGANIZATION AND OPERATIONS OF

CIVIL AVIATION ADMINISTRATION OF VIETNAM

(Issued together with Decision No. 36-TTg dated February 6, 1993

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. The Civil Aviation Administration of Vietnam, subordinate to the Ministry of Transport, was established pursuant to Decree No. 242-HĐBT dated June 30, 1992 of the Council of Ministers.

The international trading name in English:

CỤC HÀNG KHÔNG DÂN DỤNG VIỆT NAM

Abbreviation: CAAV

The Civil Aviation Administration of Vietnam has legal personality, its own budget seal, and is entitled to open accounts at the State Treasury. Its headquarters is located in Hanoi.

Article 2. The Civil Aviation Administration of Vietnam is a state management agency for civil aviation nationwide, including the activities of state-owned enterprises, organizations, and individuals from all economic sectors, as well as foreign nationals operating in Vietnam.

Article 3. - The Civil Aviation Administration of Vietnam operates according to the following principles:

1. The Civil Aviation Administration of Vietnam is directly led by the Minister of Transport and is directly managed by ministries, ministerial-level agencies, and agencies under the Government regarding areas related to civil aviation activities.

2. All activities of the Civil Aviation Administration of Vietnam must comply with the Constitution and laws of the Socialist Republic of Vietnam, respect and implement international conventions and regulations on aviation signed, joined, or committed to by the Government of the Socialist Republic of Vietnam.

3. The Civil Aviation Administration of Vietnam ensures equality before the law for all organizations and individuals from all economic sectors, including foreign organizations and individuals operating in the field of civil aviation; it manages state affairs for enterprises under its jurisdiction in accordance with the law.

4. The Director of the Civil Aviation Administration of Vietnam represents the Minister of Transport in performing state management functions in the field of civil aviation in Vietnam and is accountable to the Prime Minister and the Minister of Transport for specialized state management work in civil aviation.

The Director of the Civil Aviation Administration of Vietnam is the head of the Civil Aviation Administration of Vietnam, leading the Administration under the chief executive system while ensuring democratic centralism.

PART II

TASKS AND POWERS OF THE CIVIL AVIATION ADMINISTRATION OF VIETNAM

Article 4. - On planning:

1. Based on the Party and State’s policies and strategies for socio-economic development, develop long-term, five-year, and annual plans for the civil aviation industry in Vietnam for the Minister of Transport to consider within the overall strategy, planning, and development plan for the entire transport sector in the country, to be submitted to the Prime Minister for approval, and organize the implementation of these plans.

2. Participate with competent state agencies in developing domestic and foreign investment schemes aimed at developing the civil aviation industry in Vietnam.

3. Develop economic and technical norms for the civil aviation industry in Vietnam to submit to competent authorities for approval, issuance, and guidance on their implementation.

4. Approve production and business plans, capital allocation, guiding indicators, and government orders for subordinate units in accordance with state regulations; and supervise the effective and purposeful use of capital by these units.

5. Direct, guide, and inspect subordinate units in the preparation and implementation of plans.

Article 5. - On finance, accounting, statistics, and pricing:

1. Guide and direct subordinate units to properly implement financial and accounting policies and regulations as stipulated by the state.

2. Organize and direct accounting work suitable to the nature of each enterprise and public institution in the industry; propose amendments and supplements to the financial and accounting policies and regulations of the industry.

3. Guide subordinate units in preparing financial revenue and expenditure plans, foreign currency revenue and expenditure plans, and consolidate them for submission to competent authorities for approval.

4. Manage assets, infrastructure, and allocated funds, as well as financial transactions arising during the operations of the Civil Aviation Administration and its subordinate units.

5. Establish fee collection systems for aircraft registration, issuance of aviation certificates and documents, airport fees, air traffic control fees, air cargo transportation fees, and aviation service supply prices, to be submitted to competent state authorities for approval and direct the implementation of these fee collections and other income, representing the Socialist Republic of Vietnam to contribute annually to international aviation organizations that Vietnam participates in.

6. Propose to competent state agencies measures to regulate capital and income distribution for subordinate units and funding sources allocated to the Administration for domestic operations and contributions to international aviation organizations as prescribed.

7. Be authorized by the Ministry of Transport to allocate capital to subordinate units and guide inspections of these units’ implementation of the preservation and development of allocated capital.

8. Approve and consolidate financial settlement reports of subordinate units and report to competent authorities in accordance with current regulations.

Article 6. - On basic construction:

The Civil Aviation Administration of Vietnam is the principal investor for construction projects related to civil aviation assigned to the Administration for management.

Article 7. - On organizational staffing, labor, and wages:

1. Develop planning and training programs for the civil aviation workforce in Vietnam to be submitted to the Minister of Transport for approval and organize their implementation.

2. Develop positions, standards for cadres and staff, establishment limits, labor norms, special labor policies of the Civil Aviation industry to be reviewed and promulgated by relevant ministries. The Department guides and supervises implementation.

3. Guide, inspect, and audit compliance with state regulations on labor safety.

4. The Director of the Civil Aviation Administration of Vietnam proposes competent authorities to appoint, dismiss, reward, and discipline Deputy Directors of the Civil Aviation Administration of Vietnam, General Directors and Chief Accountants of Vietnam Airlines; General Directors of airport clusters. In addition to the aforementioned positions, the Director of the Civil Aviation Administration of Vietnam may appoint, dismiss, reward, and discipline other positions under the Department.

5. Develop plans and organize, direct training and instruction for cadres and staff in the Civil Aviation industry.

6. Direct internal security work within the industry.

7. Establish, merge, or dissolve agencies assisting the Director, and subordinate non-profit units of the Civil Aviation Administration of Vietnam.

8. Propose to the Government the establishment, merger, or dissolution of civil aviation enterprises according to laws and Government regulations.

Article 8. - Regarding Legal Affairs:

1. Draft laws and sub-law documents pertaining to the Civil Aviation industry to be submitted to the Government or the National Assembly by the Minister of Transport, or issued by the Minister of Transport within his authority. The Director guides the organization of implementation.

2. Participate in or draft, negotiate, and propose the signing, amendment, extension, or termination of international agreements on Civil Aviation to be submitted to the Government for approval.

3. Issue standards and economic, technical, and operational norms for Civil Aviation within its authority.

4. Organize the dissemination and education of laws for cadres and staff in the Civil Aviation industry and among the public.

5. Approve charters regarding the organization and operation of enterprises operating in the Civil Aviation sector.

6. Direct and supervise the signing of contracts with foreign parties concerning Civil Aviation in accordance with the laws of the Socialist Republic of Vietnam and international law.

7. International cooperation in Civil Aviation law.

8. Resolve legal disputes in Civil Aviation activities domestically and internationally either directly or in coordination with competent agencies.

Article 9. - International Relations:

1. Develop strategic plans and policies for international relations in Civil Aviation sectors to be submitted to the Prime Minister for approval.

2. Propose to the State participation (or non-participation) in international organizations and conventions on Civil Aviation, and relations with international aviation organizations.

3. Be authorized to sign international agreements on Civil Aviation on behalf of the Government of Vietnam in accordance with Vietnamese and international law.

4. Manage projects funded by the international community for the Civil Aviation sector. Participate with competent authorities in issuing permits for foreign investment cooperation in the Civil Aviation sector.

5. Participate in international seminars, exhibitions, and promotional events on Civil Aviation, inviting foreign delegations to visit Vietnam and sending Vietnamese delegations abroad for work as stipulated by the Prime Minister.

6. Coordinate management of foreign Civil Aviation organizations operating in Vietnam.

Article 10. - Regarding Air Transport:

1. Develop strategies for the development of air transport means, continuously modernizing transport equipment in both quality and quantity, expanding the air market globally.

2. Collect and study information on the air transport market, develop commercial flight routes, provide forecasts and directions for enterprises to base their air transport and service development plans.

3. Designate domestic and foreign air transport enterprises (including state-owned and private enterprises) to operate on commercial flight routes; issue permits for regular and irregular air transport operations for domestic and foreign air transport enterprises in accordance with Vietnamese and international law, implement agreements, and protect national rights and sovereignty of the Socialist Republic of Vietnam.

4. Manage and approve air transport and service contracts of air transport enterprises.

5. Approve air freight rates of national air transport enterprises.

6. Develop policies to protect Vietnamese air transport enterprises to be submitted by the Minister of Transport to the Prime Minister for decision.

7. Inspect and audit compliance with laws on air transport.

8. Issue air transport documents, symbols, and uniforms for staff of airlines.

Article 11. - Regarding Air Safety:

1. Develop standards, procedures, regulations, and measures to ensure civil aviation safety.

2. Inspect international aircraft violating safety regulations on Vietnamese territory and inform relevant countries' aviation authorities.

3. Inspect, investigate, and handle violations of safety regulations by flight personnel (including foreign flight personnel hired by Vietnamese airlines).

4. Implement registration and management of civil aircraft logbooks.

5. Issue, extend, revoke, cancel, suspend registration, certificates, licenses, and related documents concerning safety in civil aviation activities.

6. Approve production, manufacturing, improvement, maintenance, and repair of civil aircraft and aircraft equipment.

7. Temporarily suspend the operation of civil aircraft, civil airports, and aviation equipment that do not comply with safety standards.

8. Organize investigations into air accidents and incidents violating safety operations.

9. Inspect and audit health examinations for flight personnel, air traffic controllers, and epidemic control on commercial flights (including foreign aircraft overnighting in Vietnam).

10. Disseminate information on aviation safety.

Article 12. - Regarding aviation security:

1. On behalf of the Minister of Transport, coordinate with the Ministry of Public Security and the Ministry of Defense to compile the National Civil Aviation Security Regulations for submission to the Prime Minister for approval and implementation.

2. Approve and organize inspections of aviation security regulations at civil airports and airfields and civil aviation enterprises.

3. Engage in relations and cooperation with international organizations on aviation security in operational areas and security measures.

4. Coordinate with agencies under the Ministry of Public Security, the Ministry of Defense, and local authorities to ensure safety for special flights (domestic and international), participate in handling and promptly resolving violations of political security, public order, and social safety within airport areas according to the law.

5. Provide information on aviation security, coordinate with relevant state agencies to organize training and instruction on aviation security.

Article 13. - Regarding civil air traffic management:

1. Organize management and operation of air routes and airspace allocated within national airspace and Flight Information Regions (FIRs), closely coordinate in aircraft handover and control between Vietnamese FIRs and those of neighboring countries.

2. Organize and manage air navigation services, search and rescue services for civil aviation.

3. Closely cooperate with units under the Ministry of Defense to manage and protect airspace.

4. Issue permits for civil flights, promptly handle violations in civil air operations within designated flight corridors and allocated airspace, suspend flights for Vietnamese or foreign civilian aircraft captains who violate air traffic rules and airspace management regulations. Issue permits for special and emergency flights in accordance with regulations coordinated with the Ministry of Defense.

5. Organize the compilation and publication of the Vietnam Aeronautical Information Publication (AIP).

6. Publish various types of aviation maps, charts, and other materials related to civil air traffic management within Vietnam.

7. Organize the drafting of documents concerning air traffic control, air navigation, aviation information, air traffic guidance, aviation meteorology, search and rescue, and accident investigation in the field of civil aviation.

8. Direct the planning, design of the air traffic control information system, and procurement of equipment for air traffic management.

9. Serve as the permanent agency of the National Committee for Search and Rescue and Accident Investigation in aviation, leading and directing search and rescue operations for civilian aircraft.

10. Draft regulations on protecting state secrets regarding information, flight schedules of state-owned aircraft, special aircraft, command post protection regulations at ACCs in the civil aviation sector for submission to competent authorities for decision or issuance according to authority and implementation.

11. Organize inspections, checks, and handling of compliance with air traffic control rules and regulations on air traffic management.

12. Provide information on air traffic management in the sector.

Article 14. - Regarding civil airport and airfield management:

1. Develop plans, policies, and master plans for the national civil airport and airfield system for the Minister of Transport to submit to the Prime Minister for approval.

2. Establish procedures, standards, and specifications for the design, operation, maintenance, and repair of civil airports and airfields for approval by competent state agencies and implementation.

3. Direct state management activities in civil aviation at airports and airfields, manage land and water areas within civil airfields according to approved master plans, coordinate with local authorities in the recovery, demolition, or prohibition of construction, installation of equipment, planting, and animal husbandry activities within airport areas that affect flight safety and cause environmental pollution.

4. Coordinate with units under the Ministry of Defense and local authorities to manage and operate shared airfields.

5. Implement registration and management of civil airport registers.

6. Issue, renew, revoke, cancel, suspend, and temporarily close civil airports and airfields for up to 24 hours.

7. Organize search and rescue operations at airports and airfields.

8. Administer penalties for violations of laws on airport and airfield management and adjacent areas according to the law.

9. Provide information on establishing, managing, and operating airports and airfields.

Article 15. - Regarding science and technology:

1. Establish and improve systems of standards, procedures, and norms in the civil aviation sector and direct their implementation.

2. Organize research and application of scientific and technological advancements in the civil aviation sector.

3. Organize sectoral science and technology councils.

4. Cooperate with domestic and international scientific and technological organizations in developing the sector.

5. Organize dissemination of aviation science and technology information.

Article 16. - In the inspection area:

1. Develop inspection plans and organize inspections in the sector according to the law.

2. Conduct administrative review work in the sector.

CHAPTER III

ORGANIZATION OF THE VIETNAM CIVIL AVIATION ADMINISTRATION

Article 17. - The organization of the Vietnam Civil Aviation Administration includes:

1. The office machinery of the Director including departments and divisions.

2. Public service units: Vietnam Aviation School, Vietnam Institute of Aviation Science, Aviation Journal, Aviation Health, Air Traffic Management Center, airport clusters and airfields: North, Central, and South regions.

Specific tasks, staffing, operational regulations, and appointment and dismissal of officials of departments, divisions, and public service units are decided by the Director.

Operating funds for public service units directly under the Vietnam Civil Aviation Administration are provided from the state budget through the Vietnam Civil Aviation Administration and supplemented through legitimate sources of income.

3. State-owned enterprises directly managed by the Administration.

Article 18. The Director and Deputy Directors of the Civil Aviation Administration of Vietnam shall be appointed by the Prime Minister upon the proposal of the Minister of Transport and the Minister - Head of the Government Organizational and Cadre Board.

The Director is the head of the Civil Aviation Administration of Vietnam, leading the Administration under the chief executive system; Deputy Directors assist the Director according to the Director's assignment and are responsible to the Director; when the Director is absent, a Deputy Director authorized by the Director shall lead the Administration on behalf of the Director.

PART IV

RELATIONSHIP BETWEEN THE VIETNAM CIVIL AVIATION ADMINISTRATION AND STATE AGENCIES.

Article 19. - The Vietnam Civil Aviation Administration may have direct relations with Ministries, sectoral agencies, governmental agencies, and People's Committees at all levels to handle issues related to the performance of its tasks.

Article 20. - The Administration works directly with relevant agencies and organizations and is accountable to the Minister of Transport for assigned tasks. For agencies assisting the Minister of Transport, the Vietnam Civil Aviation Administration shall coordinate in accordance with state management functions to enhance the effectiveness of state management throughout the transport industry and report to the Minister of Transport on all aspects of the Administration's activities.

CHAPTER V

FINAL PROVISIONS

Article 21. - This Charter shall take effect from the date of issuance.

The Minister of Transport, the Director of the Civil Aviation Administration of Vietnam, the Ministers heading Ministries at the level of a Ministry and governmental agencies, and the Chairpersons of Provincial People's Committees directly under the Central Government are responsible for implementing this Charter./.