Thông tư 48/2016/TT-BGTVT

CIRCULAR

REGULATION ON AVIATION WORKS MAINTENANCE

Pursuant to the Law No.61/2006/QH11 on Civil aviation dated June 29, 2006 and the Law on amendment and supplement to a number of Articles of the Law No.61/2014/QH13 on Civil Aviation of Vietnam dated November 2014;

Pursuant to the Law on Construction No.50/2014/QH13 dated June 18, 2014;

Pursuant to the Government’s Decree No.46/2015/ND-CP dated May 12, 2015 on construction quality control and maintenance;

Pursuant to the Government’s Decree No.102/2015/ND-CP dated October 20, 2015 on management and operation of airport;

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

Upon request the Director of the Department of Transport Infrastructure and the Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport hereby issues this Circular stipulating regulation on civil aviation maintenance.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of governing

This Circular stipulates regulations on maintenance of aviation works in the territory of Vietnam.

Article 2. Subjects of application

This Circular applies to entities engaging in management and maintenance of aviation works within the territory of Vietnam.

Article 3. Interpretation

1. Aviation works means any works for the purpose of civil aviation as stipulated in the law on civil aviation, including:

a) Components of airport infrastructures as stipulated in clause 2 Article 2 of the Government’s Decree No.102/2015/ND-CP dated October 20, 2015 on airport management and operation;

b) Works for provision of air navigation services located outside airports.

2. Degraded works and component means the works or component which is in run-down conditions or disqualified for operation under relevant technical regulations and standards.

3. Unsafe construction works or component means the works or component which may threaten the safety and operation of the works and has signs of deformation at the safety limits stipulated in the applicable technical regulations and standards.

Chapter II

SPECIFIC PROVISIONS ON AVIATION WORKS MAINTENANCE

Article 4. Requirements for aviation works maintenance

1. Aviation works maintenance shall be carried out in accordance with maintenance procedures, relevant technical regulations and standards and economic-technical norms.

2. Maintenance of aviation works shall conform to the maintenance plan prepared on the basis of the approved maintenance procedure and current condition of the aviation works.

Article 5. Responsibilities for aviation works maintenance

1. Responsibilities for aviation works maintenance

a) As for State-owned aviation works, the person granted aviation works leasing or designated to manage, operate and use the aviation works shall be responsible for maintenance ;

b) As for PPP aviation works, the investor and project management enterprise shall be responsible for maintenance of the aviation works during use as stipulated in the project contract. After the expiry of the project contract, the person designated to manage and operate the aviation works by the investor and/or project management enterprise shall take charge of the aviation works maintenance.

c) The aviation works' owner or manager/operator shall take charge of maintenance of aviation works other than those stipulated in point a and point b clause 1 of this Article.

2. If an owner leases the aviation works to or designated any entity to manage and operate the aviation works, an agreement on aviation works maintenance shall be included in the contract.

3. The owner, manager/operator shall ensure the sufficient funding for aviation works maintenance.

Article 6.Requirements and lists of works and works components where monitoring is required

1. Works and works components required to be monitored are as follows:

a) Runways;

b) Taxiways;

c) Aprons;

d) Air navigation service providers.

2. As for aviation works specified in clause 1 of this Article, the design contractor shall specify work items and location required to be monitored, date and period of monitoring during the process of design and requests the competent authority to review for approval.

In case design documentation of the aviation works required to be monitored is lost or monitoring of the aviation works is not mentioned in the design documentation, the entity responsible for aviation maintenance shall determine the work item, location required to be monitored and date of monitoring, and carry out the monitoring as stipulated in regulations of laws.

3. In case the works or works components required to be monitored has any sign of degradation, monitoring shall be carried out before the stipulated time.

4. General requirements for aviation works monitoring

a) The monitoring plan shall be prepared by the monitoring contractor and approved by the person responsible for works maintenance. The monitoring plan shall specify measurement methods, measuring instruments, site layout plan, monitoring station location, plan for safe operation, monitoring data processing and other necessary aspects;

b) Monitoring regulations shall specify monitoring locations, monitoring indicators and their limits ( deformation, subsidence, gradient, cracking and sagging); date and time of monitoring, frequency and other necessary aspects;

c) The monitoring contractor shall prepare and submit a monitoring report in which monitoring data shall be evaluated and compared with the limits set by the design contractor and applicable technical standards and regulations. In case any monitoring indicator reaches its limit or any abnormality is found, the person responsible for aviation maintenance shall evaluate the aviation works safety and promptly take remedy measures.

Article 7. Actions on operating aviation works whose useful life is still not determined

1. The owner or manager/operator of the aviation works which is launched into operation but its useful life is still not determined shall determine the useful life of such aviation works  according to its design life.

2. In case the design documentation of such aviation works is lost or the useful life is not mentioned therein, the owner or manager/operator shall determine the useful life of the aviation works in accordance with the applicable technical regulations and standards or according to the useful life of the same-grade or same-type works.

3. After determination of the aviation works’ useful life, the manager/operator shall notify the Civil Aviation Authority of Vietnam to add the useful life to the application for permit to operate the aviation works under laws on civil aviation.

Article 8. Actions on expired aviations works demanded to be used

1. Expired aviation works demanded to be used shall be dealt with in accordance with Article 45 of the Government’s Decree No.46/2015/ND-CP dated May 12, 2015 on construction works quality control and maintenance.

2. After receipt of the report on aviation works quality assessment, inspection and examination or repair report (if any), the Ministry of Transport shall request the Civil Aviation Authority to review, evaluate and make proposals for extension of the aviation works’ useful life. After obtaining the Ministry of Transport's approval, the Civil Aviation Authority of Vietnam shall issue the permit to operate the aviation works as stipulated in laws on civil aviation.

Article 9. Actions on unsafe aviation works

1. In case any sign of degradation or unsafe, the aviation works’ manager and operator shall:

a) Examine, inspect and assess the current condition of the aviation works;

b) Make decisions on implementation of safety measures, including use restriction, asset and user evacuation, occasional repair or preparation of repair plans and request for suspension of operation of the aviation works or component under regulations of laws.

2. The Civil Aviation Authority of Vietnam shall:

a) Inspect and assess risk levels, request the manager and operator to repair suspend or terminate the operation of the aviation works and submit reports to the Ministry of Transport;

b) Make decisions on suspension or termination of the aviation works under regulations of laws.

3. Any sign of danger or incident found shall be reported to the State authority or person responsible for aviation maintenance to promptly tackle.

Article 10. Aviation maintenance inspection and reporting

1. Aviation works manager and operators shall  submit maintenance plans and status reports on implementation of maintenance plans made by using form 01 and form 02 in the Annex attached hereto.

2. The Civil Aviation Authority of Vietnam shall prepare and implement the periodic and surprised inspection of aviation maintenance and submit annual report to the Ministry of Transport before December 25 of every year or submit surprised reports upon the Ministry of Transport’s request.

3. Aviation maintenance inspection shall cover:

a) Preparation and approval of the aviation works maintenance procedure;

b) Compliance with maintenance regulations by the owners, managers or operators of aviation works;

c) Compliance with reporting regime by the owners, managers or operators of aviation works;

d) observation with Articles 7, 8 and 9 hereof in case any aviation works is mandatory to be monitored, expired works is demanded to be used or its is necessary to handle unsafe works or components;

dd) Other aspects in relation to implementation of the aviation works maintenance plan under regulations of laws.

Article 11. Management of settlement and finalization of aviation maintenance costs

The costs of aviation maintenance, costs of management, use, settlement and finalization of costs of aviation maintenance shall be determined in accordance with the Government's Decree No.46/2015/ND-CP on construction quality control and maintenance dated May 12, 2015.

Chapter III

IMPLEMENTATION

Article 12. Entry into force

1. This Circular enters into force from March 01, 2017 and replaces Circular No.22/2013/TT-BGTVT on aviation maintenance dated August 23, 2013 by the Minister of Transport

2. In case any document referred to this Circular is amended or supplemented, the new one shall prevail.

3. The Chief of the Ministry Office, Chief ministerial inspectors, Directors of the Civil Aviation Authority of Vietnam, Heads of relevant organizations and entities shall be responsible for the implementation of this Circular./.