Thông tư 22/2016/TT-BGTVT

CIRCULAR

REGULATIONS ON MANAGEMENT OF ACTIVITIES OF SEAPLANES, SEAPLANE BASES, WATER AREAS FOR TAKEOFFS AND LANDINGS

Pursuant to the Law on Civil aviation No. 66/2006/QH11 dated June 29, 2006; the Laws on amendments to a number of articles of the Law on Civil aviation No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Law on Inland Waterway Navigation No. 23/2004/QH11 dated June 15, 2004; the Law on amendments to a number of articles of the Law on Inland Waterway Navigation No. 48/2014/QH13 dated June 17, 2014;

Pursuant to the Maritime Code No. 40/2005/QH11 dated June 14, 2005;

Pursuant to the Government’s Decree No. 42/2016/ND-CP dated May 15, 2015 stipulating conditions, sequential order and procedures for opening and shutdown of special-use airports;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20th 2012, defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of general director of the Legal Department and general director of the Civil Aviation Authority of Vietnam;

The Minister of Transport has promulgated the Circular stipulating management of activities of seaplanes, seaplane bases, water areas for takeoffs and landings.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope and regulated entities

1. This Circular stipulates the management of activities of seaplanes, seaplane bases, water areas for takeoffs and landings serving commercial flights.

2. This Circular applies to:

a) Operators of seaplanes, seaplane bases, water areas for takeoffs and landings serving commercial flights;

b) Agencies, organizations and individuals engaging in the management of activities of seaplanes, seaplane bases, water areas for takeoffs and landings serving commercial flights.

Article 2. Interpretation of terms

1. Seaplanes refer to the special-use planes designed for taking off, landing, moving on stretches of land or open water.

2. Water areas for takeoffs and landings refer to the areas on a stretch of open water used for takeoffs and landings.

3. Seaplane bases refer to the areas on a stretch of open water, infrastructural constructions and other utilities intended for activities of seaplanes for aviation purposes in general or for transportation of passengers, cargo, postal packages without using public transportation.

4. Operators of seaplanes refer to the organizations and/or individuals that are certified as operator of seaplanes or granted certificates of seaplane operator by competent agencies.

5. Operators of seaplane bases refer to the organizations and/or individuals that are granted Certificates of operation of seaplane bases.

Chapter II

MANAGEMENT OF ACTIVITIES OF SEAPLANES, SEAPLANE BASES, WATER AREAS FOR TAKEOFFS AND LANDINGS

Article 3. Regulations on activities of seaplanes on water

1. Seaplanes shall be allowed to take off and land on seaplane bases, water areas for takeoffs and landings which have been granted certificates of registration of special-use airports, certificates of operation of special-use airports and established according to the Law on Civil Aviation.

2. Activities of seaplanes on water shall be placed under the management of port authorities, inland waterway port authorities, Services of Transport where seaplane bases, water areas for takeoffs and landings are established and operate according to laws.

3. Seaplanes and their activities on water shall be compliant with regulations on navigable channels, routes, ensure security, safety and environment pollution control in the areas of civil aviation, maritime and inland waterways.

Article 4. Certifications of registration of special-use airports

1. Certificates of registration of special-use airports shall be granted by the Civil Aviation Authority of Vietnam to operators of seaplane bases, water areas for takeoffs and landings established for commercial aviation purposes as prescribed in Article 50 of the Law on Vietnam Civil Aviation and guiding documents.

2. Before a certificate of registration of special-use airports is granted, based on the scope of management of agencies in maritime, inland waterways, the Civil Aviation Authority of Vietnam shall collect suggestions from Vietnam Maritime Administration, Vietnam Inland Waterways Administration, the Services of Transport (in case the special-use airport lies on local inland waterway routes or national inland waterway routes with management thereof being authorized) and Department of Operations (the General Staff) on following issues:

a) Positions and scale of the construction work;

b) Impacts of the seaplane base on navigable channels, routes and scope of protection of other constructions in the area;

Within seven working days since receipt of requests for suggestions, relevant agencies shall be responsible for providing written answers to the Civil Aviation Authority of Vietnam or reasons for rejection in case of rejection.

Article 5. Certifications of operation of special-use airports

1. Seaplane bases, water areas for takeoffs and landings shall be designed and constructed in accordance with the Government's Decree No. 42/2016/ND-CP dated May 15, 2016 stipulating conditions and procedures for opening and shutdown of special-use airports.

2. Certificates of operation of special-use airports shall be granted by the Civil Aviation Authority of Vietnam to operators of seaplane bases, water areas for takeoffs and landings established for commercial aviation purposes as prescribed in Article 51 of the Law on Vietnam Civil Aviation and guiding documents.

3. Before a certificate of registration of special-use airports is granted, based on the scope of management of agencies in maritime, inland waterways, the Civil Aviation Authority of Vietnam shall deliver materials concerning operation of special-use airports to Vietnam Maritime Administration, Vietnam Inland Waterways Administration, the Services of Transport (in case the special-use airport lies on local inland waterway routes or national inland waterway routes with management thereof being authorized) and Department of Operations (the General Staff) to collect suggestions on such materials.

Within seven working days since receipt of requests for suggestions, relevant agencies shall be responsible for providing written answers to the Civil Aviation Authority of Vietnam or reasons for rejection in case of rejection.

Article 6. Special-use airport operation materials

1. Content of the materials includes:

a) Organization system, functions, tasks, and authority of operators of seaplane bases or water areas for takeoffs and landings; name, address, contact phone of operators; human resources to ensure operation;

b) General information about seaplane bases, water areas for takeoffs and landings includes diagrams of positions, general site layouts, coordinates of point of reference, coordinates of two ends of the stretch of open water; topographical map of the area expected for construction of the work or installation of equipment;

c) Information about dimensions of seaplane bases, water areas for takeoffs and landings and other areas; positions of seaplane navigation system; information about other infrastructural systems (if any); plans for moving damaged seaplanes in the operation area; drawing of layout plan of seaplane bases, water areas for takeoffs and landings;

d) Materials about environmental protection, oil spill response plans;

dd) Seaplane operation process; security and safety assurance measures; emergency plans; materials about safety management system for seaplane bases and water areas for takeoffs and landings;

2. Supplements and amendments (if any) to content of special-use airport operation materials. The granting of approval for supplements and amendments to content of special-use airport operation materials shall be stipulated by the law on civil aviation.

Article 7. Aviation security program by operators of seaplanes, seaplane bases

1. Operators of seaplanes, seaplane bases and water areas for takeoffs and landings established for commercial aviation purposes (herein ‘the operators’) shall formulate the aviation security program and submit it to the Civil Aviation Authority of Vietnam for approval according to Article 196 of the Law on Vietnam Civil Aviation.

2. The granting of approval for the aviation security program as prescribed in Clause 1 of this Article shall be stipulated by the Law on Vietnam Civil Aviation.

3. Before the aviation security program is approved, based on scope of management by agencies in maritime, inland waterways, the Civil Aviation Authority of Vietnam shall collect suggestions from Vietnam Maritime Administration, Vietnam Inland Waterways Administration, the Services of Transport (in case the special-use airport lies on local inland waterway routes or national inland waterway routes with management thereof being authorized) to ensure principles of maritime and inland waterway security.

Within seven working days since receipt of requests for suggestions, relevant agencies shall be responsible for providing written answers to the Civil Aviation Authority of Vietnam or reasons for rejection in case of rejection.

Article 8. Regulations on seaplanes’ entry, exit from seaports, inland ports, wharves

1. Seaplanes shall be defined as boats, ships, inland watercraft when they operate on water, be allowed to enter, leave seaports, inland ports, wharves (herein ‘ports’) and compliant with regulations on management of watercraft’s entry, exit from ports.

2. To enter or leave ports, seaplanes shall fulfill procedures as stipulated by the law on maritime and inland waterways.

3. Seaplane operation papers, documents include:

a) Papers to be submitted: permits for exit from ports; flight plans; lists of crew, passengers;

b) Papers to be presented: air operator's certificate; certificates for airworthiness; pilot certificates; papers related to payment of fees, charges.

Article 9. Responsibility of organizations, individuals for operation of seaplanes, seaplane bases, water areas for takeoffs and landings

1. Responsibility of the Civil Aviation Authority of Vietnam:

a) Give notifications of issuance of permission to fly to port authorities, inland waterway port authorities, Services of Transports where seaplane bases, water areas for takeoffs and landings are located;

b) Supervise activities of operation of seaplanes according to the approved seaplane base operation materials;

c) Supervise activities of assuring security, safety during the operation of seaplane bases, water areas for takeoffs and landings according to the Law on Vietnam Civil Aviation;

d) Preside over and cooperate with relevant agencies, forces in carrying out search and rescue tasks, emergency responses in case seaplanes are in danger, in distress at airports, surrounding areas, seaplane bases and water areas for takeoffs and landings;

dd) Inspect, investigate and supervise activities of seaplane bases, water areas for takeoffs and landings;

2. Responsibility of Vietnam Maritime Administration:

a) Provide instructions to subordinate agencies, units in the management of the operation of seaplanes, ensuring maritime safety conditions according to the Law on Maritime;

b) Cooperate with the Civil Aviation Authority of Vietnam in the inspection and supervision of activities of seaplane bases, water areas for takeoffs and landings in seaport waters and areas under management by port authorities;

c) Coordinate seaplane search and rescue activities at sea and in seaport waters as prescribed;

3. Responsibility of Vietnam Inland Waterway Administration:

a) Provide instructions to subordinate agencies, units in the management of the operation of seaplanes, seaplane bases, water areas for takeoffs and landings, ensuring safety for inland waterway traffic;

b) Cooperate with the Civil Aviation Authority of Vietnam in the inspection and supervision of activities of seaplane bases, water areas for takeoffs and landings in seaport waters and inland wharves under within management;

c) Coordinate seaplane search and rescue activities on inland waterways, seaport waters, inland wharves, waters beyond navigable waterways, waters that remain unexploited for transport traffic.

4. Responsibility of port authorities, inland waterway port authorities, Services of Transports where seaplane bases, water areas for takeoffs and landings within management are located:

a) Manage seaplanes entering, leaving seaports, inland ports, wharves in case seaplane bases, water areas for takeoffs and landings are located in seaport waters, inland ports, wharves;

b) Manage activities of boats, ships around seaplane bases, water areas for takeoffs and landings to ensure security and safety;

c) Perform procedures for collection of fees and charges, granting permission to seaplanes for entering, leaving inland wharves according to the Law on Maritime and Inland Waterways;

d) Supervise movement of seaplanes in water areas within management;

dd) Prevent and penalize acts in violation of regulations on security and safety in maritime, inland waterways; prevent environmental pollution caused by seaplanes in water areas within management.

5. Responsibility of operators of seaplanes, seaplane bases, water areas for takeoffs and landings:

a) Submit flight plans to port authorities, inland waterway port authorities, Services of Transports where seaplane bases, water areas for takeoffs and landings within management are located;

b) Comply with regulations on civil aviation, maritime, inland waterways when seaplanes take off, land and move on water;

c) Ensure no adverse effect on navigable channels, directions of movement of boats, ships when seaplane take off, land on water;

d) Fulfill financial obligations for lease of water surface, seaports, inland wharves, issue of permission for entry, exit from ports, inland wharves according to regulations on maritime, inland waterways;

dd) Ensure security and safety for activities of seaplanes, seaplane bases, water areas for takeoffs and landings according to regulations on civil aviation, maritime and inland waterways;

Chapter III

IMPLEMENTARY PROVISIONS

Article 10. Effect

1. This Circular takes effect since November 01, 2016.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration.

Article 11. Implementation

Chief of the Ministry Office, Chief Inspector of the Ministry, general directors of the Civil Aviation Authority of Vietnam, Vietnam Maritime Administration, Vietnam Inland Waterways Administration, directors of the Services of Transport, heads of relevant agencies, organizations and individuals shall be responsible for executing this Circular./.