Decree No. 66/2015/ND-CP on civil aviation authorities

DECREE

Regulations on Civil Aviation Authority

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Some Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

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;

At the proposal of the Minister of Transport,

The Government promulgates the Decree on Civil Aviation Authority.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the agency performing the function of Civil Aviation Authority; tasks, powers, and conditions for ensuring the operation of the Civil Aviation Authority.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals in Vietnam and foreign organizations and individuals engaged in civil aviation activities in Vietnam.

Article 3. Agencies performing the function of Civil Aviation Authority

1. The Civil Aviation Administration of Vietnam under the Ministry of Transport is the Civil Aviation Authority, directly executing the tasks and powers of the Civil Aviation Authority as prescribed by law and international treaties to which the Socialist Republic of Vietnam is a member.

2. When performing tasks and powers, the Civil Aviation Authority uses the seal with the national emblem of the Civil Aviation Administration of Vietnam; uses the international trading name of the Civil Aviation Administration of Vietnam as "Civil Aviation Authority of Vietnam".

Chapter II
TASKS AND POWERS OF THE CIVIL AVIATION AUTHORITY

Article 4. Issuing directives, orders, and implementing emergency measures in civil aviation activities

1. Issuing directives and orders to ensure compliance with regulations on aviation safety, aviation security, and maintain the synchronized operation of the air transport chain in the following activities:

a) Operating and maintaining aircraft;

b) Operating airports;

c) Ensuring flight operations;

d) Air transportation;

đ) General aviation activities.

2. Implementing emergency measures, including:

a) Deciding to temporarily suspend flight operations at airports in cases of necessity due to natural disasters or airport emergencies;

b) Suspending the operations of aircraft operators, specialized aviation service providers; suspending flights; suspending the operations of specialized aviation aircraft, equipment, and devices in cases threatening aviation safety and security;

c) Suspending the operations of aviation personnel in cases of violation of regulations on ensuring aviation safety and security or obstructing aviation traffic;

d) Directing aviation industry units to implement other emergency measures to serve national defense, security, and national emergencies.

3. Supervising the temporary closure of airports by Airport Control Units; implementing decisions to close airports made by competent state authorities.

Article 5. Supervising civil aviation activities

1. Supervising the operation and maintenance of aircraft, including:

a) Maintaining the airworthiness of aircraft;

b) Maintaining the operational safety capability and conditions of aircraft;

c) Maintaining the maintenance and repair capability and conditions of aircraft.

2. Supervising the management and operation of aviation infrastructure, including:

a) Maintaining the capability and conditions for managing and operating aviation infrastructure;

b) Implementing construction, renovation, operation, maintenance, shutdown, or commissioning plans and procedures for aviation facilities;

c) Technical inspection of specialized aviation equipment and devices.

3. Supervising flight operations assurance, including:

a) Organizing and managing flight operations assurance;

b) Maintaining the capability and conditions for providing flight operations assurance services.

4. Supervising the maintenance of operational capabilities and conditions for air transportation and provision of specialized aviation services by entities within the aviation industry, including:

a) Vietnamese airlines;

b) Airport companies;

c) Common aviation business enterprises;

d) Service providers at airports and airfields.

5. Organizing inspections, surveys, and evaluations of the quality of specialized aviation services. Recommending improvements to ensure the rights of users of air transportation and specialized aviation services at airports and airfields.

6. Supervising and directing the activities of aviation security forces. Controlling aviation security quality. Organizing the implementation and supervision of the issuance of security passes, licenses, and templates for security passes and licenses for aviation security.

7. Taking the lead and coordinating with defense ministry agencies and relevant agencies in ensuring flight operations. Assigning calibration flight tasks for appropriate specialized aviation organizations.

8. Guiding and directing the management, organization of operations, and security and safety assurance for general aviation activities at dedicated airports, ground takeoff and landing areas, water takeoff and landing strips, and airspace for general aviation activities after being permitted by the General Staff Department to organize operations.

9. Supervising the maintenance of conditions for issuing, recognizing, approving licenses, certificates, ratings, and operational manuals for civil aviation specialized services.

Article 6. Issuing, approving, recognizing licenses, certificates, regulations, and specialized aviation documents for civil aviation

1. Issuing, approving, recognizing, extending, revoking, or suspending the validity of licenses, certificates, and regulations related to:

a) Aircraft and aircraft operation;

b) Operating airports;

c) Ensuring flight operations;

d) Aviation security;

đ) Civil aviation personnel;

e) Other areas as prescribed by the International Civil Aviation Organization.

2. Approving specialized aviation documents, including:

a) Plans, installation manuals, equipment manuals on aircraft; aircraft operation manuals; maintenance programs, aircraft maintenance manuals;

b) Operation manuals, infrastructure maintenance programs for civil aviation; construction, renovation, maintenance, shutdown, or commissioning plans and procedures for aviation facilities;

c) Operation plans, common flight activity procedures;

d) Security programs and regulations as stipulated in Points d, đ, e, and g Clause 2 Article 196 of the Civil Aviation Law of Vietnam amended and supplemented according to Clause 36 Article 1 of the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam;

đ) Security programs of foreign airlines;

e) Other documents as prescribed by the International Civil Aviation Organization.

3. Issuing flight permits, air transport rights. Coordinating takeoff and landing times at airports.

Article 7. Organizing, operating, and directing the system for monitoring and managing aviation safety and security

1. Organizing and operating the system for ensuring aviation security and safety in compliance with the standards of the International Civil Aviation Organization.

2. Approving, directing, and guiding the organization and operation of the system for managing aviation safety and security by agencies and units within the aviation sector in accordance with the standards of the International Civil Aviation Organization.

3. Organizing assessments, implementing preventive measures against threats to aviation safety and security. Cooperating with relevant agencies to manage aviation obstacles in accordance with the law.

4. Appointing supervisors in the field of aviation safety and security, and air service quality in accordance with standards prescribed by the Minister of Transport.

5. Supervising and directing the implementation of special labor regulations and discipline for aviation personnel.

Article 8. On air search and rescue, airport emergency response

1. Directing and guiding the establishment and operation of systems; organizing drills; commanding air search and rescue operations, airport emergency responses, and countermeasures against unlawful interference in civil aviation activities, and disaster prevention and mitigation in the aviation sector.

2. Defining the responsibility zones for air search and rescue and airport emergency response among units within the aviation sector.

Article 9. On aviation accidents and incidents

1. Establishing a reporting system for aviation accidents and incidents in the aviation sector; compiling, analyzing reports, and evaluating aviation accidents and incidents.

2. Organizing investigations, analyses, verifications, and evaluations of situations threatening aviation safety and security, aviation accidents, and incidents.

3. Directing and supervising the handling and resolution of situations threatening aviation safety and security, aviation accidents, and incidents; issuing necessary recommendations and directives to prevent and mitigate aviation accidents and incidents.

Article 10. Implementation of special aircraft flights

1. Receiving and implementing plans for the implementation of special aircraft flights within the civil aviation industry.

2. Directing and supervising agencies and units within the civil aviation sector in the execution of special aircraft flights; ensuring security and safety standards for special aircraft flights.

Article 11. Issuance and recognition of application of civil aviation industry procedures and basic standards

1. Issuing or recognizing the application of civil aviation industry procedures and basic standards in accordance with legal regulations and requirements and standards of the International Civil Aviation Organization.

2. Guiding the implementation of regulations, resolutions, standards, and best practices recommended by the International Civil Aviation Organization.

3. Announcing differences in the system of technical standards and norms applied in Vietnam according to the provisions of the International Civil Aviation Organization.

4. Issuing a list of backup airports for civil aviation operations as prescribed.

5. Issuing a list of dangerous items prohibited or restricted from being carried on persons and luggage on aircraft.

6. Issuing procedures for handling passengers, baggage, cargo, mail, and letters at civil airports and airfields as prescribed.

Article 12. Publication, issuance, receipt, processing of information and notifications related to civil aviation activities

1. Publishing and issuing domestically and internationally publications, documents, and information related to civil aviation activities, including:

a) Aeronautical Information Publication (AIP);

b) International Notice to Airmen (NOTAM);

c) Aeronautical Information Circular (AIC).

2. Receiving, processing, exchanging, and providing information and documents to organizations and individuals participating in civil aviation activities.

Article 13. Specialized inspection in civil aviation

The civil aviation authority shall conduct specialized inspections throughout the country in accordance with the law and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter III
CONDITIONS FOR ENSURING THE PERFORMANCE OF DUTIES AND POWERS OF THE CIVIL AVIATION AUTHORITY

Article 14. Regarding organizational structure, material infrastructure, and personnel

1. The civil aviation authority shall be guaranteed regarding organizational structure, material infrastructure, funding, and personnel; applying a special financial mechanism as decided by the Prime Minister to perform the duties and powers of the civil aviation authority, meeting the requirements and standards of the International Civil Aviation Organization.

2. The Director of the Civil Aviation Administration of Vietnam shall organize the performance of the duties and powers of the civil aviation authority.

Article 15. Regarding international cooperation

1. The civil aviation authority shall be the focal point in international cooperation relations with the International Civil Aviation Organization, foreign civil aviation authorities, and other international aviation organizations that Vietnam participates in.

2. The civil aviation authority may use funding sources from foreign organizations; taking the lead and coordinating with relevant agencies and units to implement international cooperation to enhance aviation security monitoring capabilities, aviation safety, and training of aviation staff in accordance with the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Decree takes effect from October 1, 2015. Abolishing previous regulations contrary to the content stipulated in this Decree.

Article 17. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.