Circular No. 56/2019/TT-BGTVT stipulates criteria for supervising and accepting the results of maintenance of civil aviation infrastructure assets based on the quality of implementation and maintenance systems and procedures.

CIRCULAR

Regulations on criteria for monitoring and accepting the results of maintenance of aviation infrastructure assets based on the quality of implementation and maintenance systems and procedures for aviation infrastructure assets 

Pursuant to the Civil Aviation Law of Vietnam No. 66/2006/QH11 dated June 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Law on Management and Use of Public Assets No. 15/2017/QH14 dated June 21, 2017;

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;

Pursuant to the Government Decree No. 12/2017/NĐ-CP dated February 10, 2017 on functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the Government Decree No. 44/2018/NĐ-CP dated March 13, 2018 on management, use, and operation of aviation infrastructure assets;

At the proposal of the Director of the Infrastructure Department under the Ministry of Transport and the Director General of the Civil Aviation Administration of Vietnam;

The Minister of Transport issues this Circular stipulating criteria for monitoring and accepting the results of maintenance of aviation infrastructure assets based on the quality of implementation and maintenance systems and procedures for aviation infrastructure assets.

Article 1. Scope of Regulation

This Circular stipulates the criteria for monitoring and accepting the results of maintenance of aviation infrastructure assets based on the quality of implementation; maintenance systems and procedures for aviation infrastructure assets.

Article 2. Applicability

This Circular applies to organizations and individuals related to the maintenance activities of aviation infrastructure assets.

Article 3. Application of Maintenance Forms for Aviation Infrastructure Assets

1. Maintenance of aviation infrastructure assets shall be carried out in two forms: maintenance based on the quality of implementation and maintenance based on actual volume as prescribed in Clause 2, Article 8 of the Government Decree No. 44/2018/NĐ-CP dated March 13, 2018.

2. The form of maintenance based on the quality of implementation shall be applied to inspection and maintenance work of airfield lighting systems and ILS, DME systems when simultaneously meeting the following provisions:

a) Airfield lighting systems and ILS, DME systems are constructed to meet operational standards of the International Civil Aviation Organization (ICAO);

b) Airfield lighting systems and ILS, DME systems ensure funding for inspection and maintenance according to technical standards, technical regulations, and economic-technical norms;

c) Airfield lighting systems and ILS, DME systems have been approved by competent authorities for the contracted price for inspection and maintenance work.

3. In cases where the provisions of Clause 2 of this Article are not met, the form of maintenance based on actual volume shall be applied to inspection and maintenance work of airfield lighting systems and ILS, DME systems.

4. The Civil Aviation Administration of Vietnam decides on the application of maintenance based on the quality of implementation or actual volume. When choosing to apply the form of maintenance based on the quality of implementation for inspection and maintenance work of airfield lighting systems and ILS, DME systems, it shall be implemented in accordance with Article 5 of this Circular.

Article 4. Criteria for monitoring and accepting the results of maintenance of civil aviation infrastructure assets based on quality implementation

The criteria for monitoring and accepting the results of maintenance of civil aviation infrastructure assets based on quality implementation include:

1. Requirements for the inspection and maintenance work of the civil aviation lighting system and ILS, DME systems according to quality implementation are specified in Appendix 1 attached to this Circular.

2. The criteria for monitoring the inspection and maintenance work of the civil aviation lighting system and ILS, DME systems according to quality implementation are specified in Appendix 2 attached to this Circular.

3. The criteria for accepting the results of the inspection and maintenance work of the civil aviation lighting system and ILS, DME systems according to quality implementation are specified in Appendix 3 attached to this Circular.

Article 5. Maintenance Regime for Civil Aviation Infrastructure Assets

1. Inspection of civil aviation infrastructure assets:

a) Inspection can be conducted visually or with specialized equipment;

b) Inspection includes checking against technical standards, approved maintenance procedures; regular, periodic, and unscheduled inspections aimed at identifying signs of deterioration or damage to the assets as a basis for asset maintenance.

2. Maintenance of civil aviation infrastructure assets shall be carried out according to the annual maintenance plan and the approved maintenance procedures.

3. Repair of civil aviation infrastructure assets:

a) Repair involves activities to rectify damage to the assets discovered during operation and use to ensure normal and safe functioning of the assets;

b) Repair includes scheduled repair and unscheduled repair as stipulated in Clause 4, Article 40 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government.

4. Testing of civil aviation infrastructure assets:

a) Testing is an activity involving inspection, evaluation of quality or cause of damage, value, service life, and other technical parameters of the assets through observation, testing combined with calculation and analysis;

b) Testing is carried out in accordance with the provisions of Clause 5, Article 40 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government.

5. Monitoring of civil aviation infrastructure assets:

a) Monitoring is an activity involving tracking, measuring, recording changes in geometry, deformation, displacement, and other technical parameters of the assets and surrounding environment over time;

b) Requirements and list of mandatory monitored assets are stipulated in Article 6 of Circular No. 48/2016/TT-BGTVT issued by the Ministry of Transport.

Article 6. Maintenance Procedures for Civil Aviation Infrastructure Assets

1. The content of the maintenance procedure is stipulated in Clause 1, Article 38 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government.

2. The maintenance procedure shall be prepared by contractors and handed over to the project investors during the implementation of construction projects in accordance with points a, b, and c of Clause 2, Article 38 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government.

3. Responsibility for preparing and approving the maintenance procedure shall be carried out in accordance with point d of Clause 2, Article 38 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government.

4. For civil aviation infrastructure assets that do not have a maintenance procedure, the agencies, units, and enterprises responsible for using and operating such assets shall organize the preparation and approval of the maintenance procedure for the assets in accordance with point e of Clause 2, Article 38 of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government.

Article 7. Effective Date

1. This Circular takes effect from February 25, 2020.

2. During the implementation period, if the referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the new regulations of those documents.

Article 8. Implementation organization

The Director of the Office of the Ministry, the Inspector General of the Ministry, Heads of Departments, Directors of the Civil Aviation Authority of Vietnam, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.