Decision No. 94/2009/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Civil Aviation Authority of Vietnam under the Ministry of Transport.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Vietnam Civil Aviation Authority

under the Ministry of Transport

____________

PRIME MINISTER

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;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Minister of Transport,

DECISION:

Article 1. Position and Functions

1. The Vietnam Civil Aviation Authority is a subordinate agency under the Ministry of Transport, performing the function of advising and assisting the Minister of Transport in managing civil aviation affairs nationwide; it is the Civil Aviation Authority as prescribed by law.

2. The Vietnam Civil Aviation Authority has legal personality, a seal bearing the National Emblem, a separate account as prescribed by law, and its headquarters is located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Drafting and submitting to the Minister of Transport for issuance within his/her authority or for the Minister of Transport to submit to the Prime Minister for approval strategic plans, master plans, long-term plans, five-year plans, annual plans, national programs, projects, and development proposals within the scope of civil aviation nationwide.

2. Drafting and submitting to the Minister of Transport draft regulatory legal documents on civil aviation.

3. Drafting and submitting to the Minister of Transport for issuance economic and technical standards, industry-specific technical regulations on civil aviation; issuing industry-specific basic standards on civil aviation, staff standards on civil aviation.

4. Implementing regulatory legal documents, strategies, plans, standards, technical regulations, economic and technical norms after they have been approved or issued by competent authorities; specifying the application of standards, technical procedures, operational rules, and professional materials consistent with civil aviation laws; publishing and distributing domestically and internationally information and notifications related to civil aviation activities.

5. Organizing information dissemination, popularization, and education on civil aviation laws.

6. Issuing directives, orders, implementing emergency measures including suspending flights and operations of aircraft, equipment, and personnel to ensure aviation security and safety and maintain the synchronized operation of air transportation chains; organizing surveillance systems, management of aviation security and safety, provision of air services, search and rescue at airports; appointing supervisors to perform supervisory functions and ensure aviation security and safety.

7. Compiling, analyzing, and evaluating reports on aircraft accidents and incidents; inspecting and supervising the rectification of aircraft accidents and incidents and implementing preventive measures against such occurrences; investigating aircraft accidents and incidents as assigned by the Minister of Transport.

8. Regarding special aircraft flight support work:

a. Serving as the focal point for receiving and implementing special aircraft flight support tasks within the civil aviation sector;

b. Supervising compliance with technical standards and ensuring aviation security and safety for special aircraft flights as prescribed by law;

c. Issuing permits for special aircraft flights according to the provisions of the law.

9. Regarding airport management:

a. Drafting and submitting to the Minister of Transport for approval the overall development plan for the national civil aviation airport system, detailed plans for international airports, and detailed plans for domestic airports for the Minister of Transport to decide within his/her authority or for the Minister of Transport to submit to the Prime Minister for decision;

b. Issuing procedures for handling passengers, baggage, cargo, mail, and parcels at civil aviation airports based on coordination with relevant state management agencies;

c. Leading and coordinating activities at civil aviation airports according to the classification by the Minister of Transport;

d. Reviewing applications for opening, closing, and reopening airports; announcing the opening, closing, and reopening of airports and proposing the Minister of Transport to decide on temporarily closing or reopening airports as prescribed by law;

đ. Managing the use and exploitation of airport land according to the law; coordinating with local People's Committees and authorities managing adjacent areas of airports; directing the provision of services at airports;

e. Issuing, reissuing, supplementing, amending, revoking registration certificates for airports, business licenses for airports, operation certificates for airports, and service provision licenses at airports according to the classification by the Minister of Transport;

g. Inspecting and supervising the construction, renovation, upgrading, maintenance, and repair of facilities, installation of technical systems, and equipment at airports;

h. Issuing, recognizing validity, extending, revoking, canceling, or suspending the use of operating licenses for technical systems and equipment at airports according to the classification by the Minister of Transport;

i. Coordinating takeoff and landing times at airports.

10. Regarding air transport management:

a. Drafting and submitting to the Minister of Transport for approval the development plan for Vietnamese air transport enterprises; organizing the implementation of measures to develop the air transport market;

b. Reviewing applications for issuing, reissuing, adjusting, amending, and revoking air transport business licenses;

c. Issuing, reissuing, adjusting, amending, and revoking common air transport business licenses and registration certificates for air transport operations;

d. Issuing and revoking licenses for foreign airlines to establish representative offices, branches, and ticket sales offices; issuing registration certificates for designated agent sales contracts and secondary air freight waybill registration certificates according to the classification by the Minister of Transport;

d. Issuing air transport rules and air transport service business rules; organizing the registration of air transport charters of airlines.

e. Organize the issuance, revocation, adjustment of rights to exploit and transport air cargo; approve contracts related to the right to transport air cargo; approve the leasing of aircraft between domestic organizations and individuals and foreign organizations and individuals; submit to the Minister of Transport for designation of a Vietnamese airline as a state-owned enterprise operating air routes to areas with essential public air transport needs;

g. Organize the inspection and supervision of compliance with laws on business operations of air cargo transportation.

11. Regarding aircraft and management of aircraft operation:

a. Organize the registration of aircraft nationality and registration of rights pertaining to aircraft;

b. Issue or recognize standards applicable to aircraft, equipment installed on aircraft, standard materials, expendable materials serving aircraft maintenance and repair work;

c. Guide implementation, inspect, supervise the design, production, testing, operation, repair, maintenance of aircraft, equipment installed on aircraft, standard materials, expendable materials serving aircraft maintenance and repair work;

d. Issue, extend, recognize, revoke, suspend the validity of Aircraft Type Certificates for aircraft, engines, and propellers; approve equipment installed on aircraft, standard materials, expendable materials serving aircraft maintenance and repair work;

đ. Issue, extend, recognize, revoke, suspend the validity of Aircraft Operator Certificates, Aircraft Airworthiness Certificates, and other certificates and licenses related to aircraft airworthiness and operational conditions;

e. Issue, extend, revoke, suspend the validity of Licenses for the operation of design, production, maintenance, testing facilities for aircraft, engines, propellers, equipment installed on aircraft, standard materials, expendable materials serving aircraft maintenance and repair work;

g. Approve maintenance facilities and maintenance programs for aircraft, engines, propellers, and equipment installed on aircraft;

12. Regarding flight activity management:

a. Develop and submit to the Minister of Transport proposals for establishing, adjusting, abolishing, and announcing air routes, civil airport airspace, joint-use airports for the Minister of Transport to decide within his authority or to submit to the Prime Minister for decision;

b. Develop and submit to the Minister of Transport proposals for establishing, adjusting common aviation service airspace areas for the Minister of Transport to propose the Minister of Defense to decide;

c. Review proposals for establishing enterprises providing flight service assurance;

d. Manage the organization of air route exploitation, civil airport airspace, common aviation service airspace areas within Vietnamese airspace, controlled airspace areas managed by Vietnam;

đ. Establish, adjust, abolish, announce the responsibility zones of flight service assurance facilities; announce or notify no-fly zones, restricted zones, dangerous zones, fuel dumping zones, cargo and baggage dropping zones for civilian aircraft;

e. Issue flight regulations, flight procedures for civilian flight activities, lists of backup airports for domestic and international civilian flight activities, related guidance documents on flight activity management;

g. Grant flight permits for civilian flight activities according to the law;

h. Grant Licenses for the operation of technical systems, equipment for flight service assurance, flight calibration services, and facilities providing flight service assurance; assign tasks, sign contracts, and inspect, supervise the provision of flight service assurance and flight calibration services according to the classification of the Minister of Transport;

i. Manage aviation obstacles according to the law; announce obstacle limitation surfaces and lists of natural and artificial obstacles that may affect the safety of flight activities;

k. Take the lead and coordinate with defense agencies and relevant agencies in organizing the use of airspace, flight regulations for joint-use airport areas of international airports, flight planning, flight control, special flight activity management, search and rescue, use of flight service assurance services, coordination in managing civilian and military flight activities;

l. Coordinate with relevant state agencies in managing and using frequencies for aviation operations.

13. Regarding environmental protection:

a. Develop and submit to the Minister of Transport technical standards, criteria, and rules for environmental protection in civilian air transport activities;

b. Guide, inspect, supervise compliance with environmental protection regulations in civilian air transport activities.

14. Regarding search and rescue and flood prevention:

a. Serve as the focal point participating in the National Search and Rescue Committee; participate in the Flood Prevention and Search and Rescue Steering Committee of the Ministry of Transport; direct and organize coordinated search and rescue activities for air transport, emergency airport operations, flood prevention, and typhoon prevention;

b. Define the responsibility zones for air transport search and rescue and emergency airport operations for units under the civilian air transport sector;

c. Approve search and rescue plans, emergency airport plans, training, drill plans for search and rescue, emergency airport operations, and direct their implementation.

15. Regarding aviation security:

a. Develop and submit to the Minister of Transport for promulgation the Civil Aviation Security Program, Civil Aviation Security Quality Control Program, Civil Aviation Security Training Program, passenger documentation requirements when traveling by aircraft; guide, organize, inspect, supervise implementation;

b. Submit to the Minister of Transport for approval the Civil Aviation Security Program of airport and airline operators in Vietnam; approve the Civil Aviation Security Program of foreign airlines operating in Vietnam.

c. Approve the Security Regulations for air service providers at airports; serve as the permanent coordinating body for civil aviation security operations as assigned by the Minister of Transport.

d. Issue or recognize standards applicable to technical systems and equipment for aviation security; list restricted dangerous items that passengers and baggage may carry onto aircraft; manage the issuance of control cards, permits, and templates for aviation security control cards and permits.

đ. Inspect and supervise compliance with laws on aviation security by organizations and individuals involved in civil aviation activities.

e. Organize aviation security forces and initial response teams for dealing with unlawful interference in civil aviation operations.

g. Issue, renew, suspend the validity of licenses for operating aviation security equipment and providing aviation security services according to the classification by the Minister of Transport.

16. Regarding aviation personnel:

a. Conduct inspections, appraisals, and implement the issuance, recognition, and revocation of various licenses, certificates, and qualifications for aviation personnel; assess and recognize inspection and appraisal results regarding the compliance of aviation personnel with legal standards.

b. Inspect, recognize, and revoke certificates confirming training conditions for aviation personnel issued to training institutions; monitor and oversee the training of aviation personnel according to legal regulations.

c. Guide, inspect, and supervise the implementation of special labor regulations and discipline for aviation personnel.

17. Regarding management of investment projects in the aviation sector:

a. Perform the duties and powers of the investment decision-making agency and project owner for construction investment projects as assigned by the Minister of Transport.

b. Carry out the responsibilities of the authorized agency for BT, BOT, BOO civil aviation projects as assigned by the Minister of Transport.

18. Regarding prices, fares, fees, and charges:

a. Participate in establishing and guiding the determination of price ranges for aviation services, prices for other related service activities, and public service product unit prices in the aviation sector as prescribed by the state.

b. Take the lead in proposing specialized aviation fees and charges and public service product unit prices in the aviation sector as prescribed by the state for the Minister of Transport to propose to the competent authority for regulation.

c. Organize the management, inspection, and supervision of the implementation of regulations on fees, charges, prices, and fares for aviation services and public service product unit prices in the aviation sector.

19. Regarding international cooperation:

a. Develop and submit to the Minister of Transport for approval international cooperation programs in aviation.

b. Develop and submit to the Minister of Transport for submission to the competent authority for approval proposals for signing or joining international aviation treaties.

c. Participate in negotiating international treaties under delegation and classification; organize negotiations, signing agreements, and international cooperation programs as stipulated.

d. Implement and apply international treaties, regulations, resolutions, standards, best practices, and guidelines of international aviation organizations that Vietnam participates in or is a member of.

đ. Serve as the point of contact with the International Civil Aviation Organization, foreign aviation authorities, and other international aviation organizations that Vietnam participates in.

20. Organize the implementation of scientific research, development, application, and transfer of technology in the civil aviation sector; develop and implement programs and projects for applying information technology, building databases, and information services for management and operation in the civil aviation sector.

21. Conduct inspections, handle complaints and reports, prevent and combat corruption and ensure compliance with civil aviation laws; handle disputes in the civil aviation sector within the scope of authority.

22. Develop and implement the Civil Aviation Administration's administrative reform program according to the objectives and content of the Ministry of Transport's State Administrative Reform Program.

23. Regarding organization, staffing, management, and utilization of cadres, civil servants, officials, and employees:

a. Manage the organizational structure, cadres, civil servants, officials, and employees; utilize approved staffing levels as prescribed; implement salary systems and incentive policies, rewards, disciplinary measures, and professional training and development for cadres, civil servants, officials, and employees under the Civil Aviation Administration's jurisdiction.

b. Establish or hire organizations, recruit or hire technical staff to conduct inspections, evaluations, and recommendations related to licensing, certification issuance, supervisory functions, and aviation safety assurance.

24. The Civil Aviation Authority of Vietnam may use funds from the state budget, fees and charges, and other sources as prescribed by law, applying financial mechanisms considering the specific characteristics of the Vietnamese aviation industry; manage allocated finances and assets.

25. Directly engage with relevant state agencies to perform assigned functions, tasks, and powers as prescribed by law.

26. Perform other tasks and powers delegated by the Minister of Transport.

Article 3. Organizational Structure

1. Agencies assisting the Director:

a. Planning and Investment Department;

b. Finance Department;

c. Cadre and Personnel Department;

d. Airport Management Department;

đ. Flight Safety Standards Department;

e. Air Operations Management Department;

g. Air Cargo Transportation Department;

h. Aviation Security Department;

i. Science, Technology, and Environment Department;

k. Legal Affairs and International Cooperation Department;

l. Civil Aviation Inspectorate;

m. Office.

2. Air Port Authorities:

a. Northern Air Port Authority;

b. Central Air Port Authority;

c. Southern Air Port Authority.

3. Affiliated Public Service Units:

a. Civil Aviation Health Center;

b. Civil Aviation Magazine.

Article 4. Leadership

1. The Civil Aviation Administration of Vietnam shall have a Director and not more than three Deputy Directors.

2. The Director and Deputy Directors shall be appointed, dismissed, or removed from office by the Minister of Transport in accordance with the provisions of the law.

3. The Director of the Civil Aviation Administration of Vietnam shall be the head, responsible to the Minister of Transport and to the law for all activities of the Civil Aviation Administration of Vietnam. The Deputy Directors shall be responsible to the Director and to the law for the tasks assigned by the Director.

4. The Director of the Civil Aviation Administration of Vietnam shall stipulate the functions, duties, powers, and organizational structure of the office, specialized departments, and public service units. The Minister of Transport shall stipulate the functions, duties, powers, and organizational structure of the Civil Aviation Inspectorate and civil aviation port authorities.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect from September 1, 2009; and revoke Decision No. 267/2003/QĐ-TTg dated December 19, 2003 of the Government Chairman on the functions, duties, powers, and organizational structure of the Civil Aviation Administration of Vietnam.

2. The Minister of Transport, other Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees under central cities, and the Director of the Civil Aviation Administration of Vietnam shall be responsible for implementing this Decision./.