Circular No. 48/2016/TT-BGTVT on the maintenance of civil aviation works

CIRCULAR

Provisions on the maintenance of civil aviation works

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Pursuant to the Law hCivil Aviation Law of Vietnam No. 61/2006/QH11 dated June 29, 2006 and the Law Amending and Supplementing Certain Articles of the Civil Aviation Law of Vietnam No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Law xConstruction No. 50/2014/QH13 dated 18  month 6 day of July 202214;

Pursuant to the Government Decree No. 46/2015/NĐ-CP dated May 12, 2015 on quality management and maintenance of construction works;

Pursuant to the Government Decree No. 102/2015/NĐ-CP dated October 20, 2015 on management and operation of civil airports;

Decree No. Decision 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;

the Director at the proposal of the Director of the Infrastructure Structure Department and the Director of the Civil Aviation Administration of Vietnam;

The Minister of Transport issues regulations on the maintenance of civil aviation works..

PART I

GENERAL PROVISIONS   

Article 1. Scope of Regulation

This Circular stipulates the maintenance of civil aviation works within the territory of Vietnam.

Article 2. Applicability

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

Article 3. Interpretation of terms

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

a) Works belonging to the airport infrastructure structure as prescribed in Clause 2, Article 2 of the Government Decree No. 102/2015/NĐ-CP dated October 20, 2015 on the management and operation of airports;

b) Works providing air navigation services outside the boundaries of the airport.

2. Works or parts of works showing signs of deterioration in quality are those that have shown damage or failed to maintain the operational conditions according to relevant technical standards and regulations.

3. Works or parts of works showing dangerous signs, not ensuring safety for operation and use are those that have shown deformation up to the allowable safety limit according to design, technical standards, and regulations applicable.

Chapter II

DETAILED PROVISIONS ON THE MAINTENANCE OF CIVIL AVIATION WORKS

Article 4. Requirements for the maintenance of civil aviation works

1. The maintenance of civil aviation works must be carried out according to the content, procedures, technical standards, and economic-technical norms related to the maintenance of civil aviation works.

2. The maintenance of civil aviation works must be carried out according to a maintenance plan established based on the approved maintenance procedures and the current condition of the works.

Article 5. Responsibilities of organizations and individuals in the maintenance of civil aviation works

1. Maintenance responsibility for civil aviation works

a) For state-owned civil aviation works, the person renting or managing, operating, and using the works under state assignment has the responsibility to maintain the works;

b) For civil aviation works invested in through public-private partnership, the investor or project enterprise bears the responsibility to maintain the works during the usage period according to the project contract; upon expiration of the usage period, the person assigned to manage and use the civil aviation works from the investor or project enterprise has the responsibility to continue maintaining the works;

c) For other civil aviation works not specified in points a and b of Clause 1 of this Article, the owner or manager/user of the works has the responsibility to maintain the works.

2. When the owner leases or assigns the management and operation of civil aviation works to organizations or individuals, they must include provisions on the responsibility for maintaining the works in the lease or management and operation contracts.

3. The owner or manager/user of the works has the responsibility to ensure the funding for the maintenance of civil aviation works.

Article 6. Requirements and List of Construction Works and Parts of Works Required to be Monitored

1. The list of construction works and parts of works required to be monitored includes:

a) Runway;

b) Taxiway;

c) Aircraft parking apron;

d) Facilities providing air traffic service support.

2. For the construction works specified in Clause 1 of this Article, during the design process, the construction contractor must specify the mandatory monitoring items, locations, monitoring time, monitoring cycle, and submit for approval by the competent authority along with the project design.

In case the design documents of the construction works required to be monitored are lost or do not include monitoring requirements, the person responsible for maintaining the works must organize the determination of mandatory monitoring items, locations, and monitoring time, and implement the work monitoring according to regulations.

3. When construction works and parts of works required to be monitored show signs of deterioration in quality, they must organize the implementation of monitoring ahead of schedule as prescribed.

4. General requirements for work monitoring

a) The monitoring plan must be established by the monitoring contractor and approved by the person responsible for maintaining the works. The monitoring plan must specify the measurement methods, measuring equipment, layout diagrams and structure of monitoring markers, organizational plans to ensure safety for operational activities, data processing methods, and other necessary contents;

b) Monitoring provisions include: monitoring locations; monitoring parameters and limit values of these parameters (deformation, tilt, subsidence, cracking, deflection); monitoring time; number of measurement cycles and other necessary contents;

c) The monitoring contractor must establish and report to the person responsible for maintaining the works on the monitoring results, including the monitoring data which must be evaluated and compared with the limit values stipulated by the construction contractor, technical standards and specifications applicable. In case the monitoring data reaches the limit value or shows other abnormal signs, the person responsible for maintaining the air transport works must organize a safety assessment of the works, operational safety, and usage, and take timely measures.

Article 7. Handling of Air Transport Construction Works in Operation but Without Defined Service Life đang khai thác nhưng chưa xác định thời hạn sử dụng công trình ||| being operated but the service life of the facility has not yet been determined

1. The owner or manager/user of air transport construction works must organize the determination of the service life of the works based on the designed lifespan for air transport construction works that are in operation and use but have not yet been defined their designed lifespan.

2. In case the design documents of the air transport construction works are lost or do not specify the usage period of the works, the owner or manager/user of the air transport construction works must organize the determination of the usage period of the works based on applicable technical standards and specifications for the works or refer to the usage period already determined for similar works of the same type and level.

3. After completing the determination of the service life of the air transport construction works, the manager/user of the works must report to the Civil Aviation Administration of Vietnam to supplement the service life of the works in the permit documents for putting the works into operation according to civil aviation laws.

Article 8. Handling of aviation works upon expiration of their service life with continued usage needs Handling of aviation works upon expiration of their service life with continued usage needs

1. The handling of aviation works upon expiration of their service life with continued usage needs shall be carried out in accordance with the provisions of Article 45 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works.

2. Upon receiving reports on the results of inspection, testing, and evaluation of the quality of the works, and the results of repair work (if any), the Ministry of Transport shall instruct the Civil Aviation Authority to review, assess, and propose extending the service life of the works. In case the Ministry of Transport approves, the Vietnam Civil Aviation Authority shall implement the procedures for granting permission to put the works into operation in accordance with the laws on civil aviation.

Article 9. Handling of aviation works hàng không ||| aviation that show signs of danger and do not ensure safety for exploitation and use

1. When discovering that aviation works or parts thereof exhibit signs of deterioration in quality or do not ensure safety for exploitation and use, the person managing or using the aviation works shall have the responsibility to:

a) Inspect, test, and evaluate the current quality of the works;

b) Decide to implement safety measures, including: limiting the use of the works, moving people and property, immediately carrying out emergency repairs or planning repairs of the works, and implementing the procedures to request suspension of exploitation of the aviation works or parts thereof in accordance with regulations.

2. The Civil Aviation Authority of Vietnam shall be responsible for:

a) Organize inspections to assess the level of danger, require the person managing or using the aviation works to carry out repairs, temporarily suspend, or stop exploiting the works in accordance with regulations, and report to the Ministry of Transport;

b) Decide to temporarily suspend or stop exploiting the works in accordance with regulations.

3. Organizations and individuals who discover incidents or signs indicating that aviation works or parts thereof do not ensure safety for exploitation and use must promptly notify state agencies or persons responsible for maintaining the aviation works for timely handling.

Article 10. Inspection and Reporting on the Implementation of Maintenance of Aviation Works

1. The person managing or using aviation works shall have the responsibility to report to the Vietnam Civil Aviation Authority the plan for maintenance and the implementation status of the maintenance plan for aviation works, including contents according to Model No. 01 and Model No. 02 attached to this Circular.

2. The Vietnam Civil Aviation Authority shall have the responsibility to build and implement annual regular inspection plans and ad hoc inspections regarding the maintenance of aviation works; compile and report to the Ministry of Transport before December 25 each year or submit ad hoc reports when requested by the Ministry of Transport.

3. Contents of the inspection of the implementation of maintenance of aviation works include:

a) The establishment and approval of maintenance procedures for aviation works;

b) Compliance with maintenance regulations for aviation works by the owner or the person managing or using the works;

c) Reporting on the implementation of maintenance of aviation works by the owner or the person managing or using the works;

d) Implementation of the provisions of Articles 7, 8, and 9 of this Circular in cases where monitoring is mandatory, works have expired their service life but need continued use, and handling of works or parts thereof that do not ensure safety for exploitation and use;

e) Other contents related to the implementation of the maintenance plan for aviation works in accordance with the law.

Article 11. Management of payment and settlement of air transport facility maintenance costs

The determination of air transport facility maintenance costs, management costs, usage, payment, and settlement of maintenance funds for air transport facilities shall be carried out in accordance with the provisions of Government Decree No. 46/2015/NĐ-CP dated May 12, 2015 on quality management and maintenance of construction works.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from March 1, 2017 and replaces Circular No. 22/2013/TT-BGTVT dated August 23, 2013 of the Minister of Transport on air transport facility maintenance.

2. In cases where the referenced documents in this Circular are amended or supplemented, they shall be applied according to the provisions of those documents.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Civil Aviation Administration of Vietnam, and the Heads of related agencies, organizations, and individuals are responsible for implementing this Circular./.