Nghị định 68-CP

DECREE

ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM CIVIL AVIATION DEPARTMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Vietnam Civil Aviation of December 26, 1991; the Law on Amendments and Supplements to a Number of Articles of the Law on Vietnam Civil Aviation of April 20, 1995;
Pursuant to Decree No.15-CP of March 2nd, 1993 of the Government on the tasks, powers and State management responsibilities of the Ministries and ministerial-level Agencies; Decree No.32-CP of May 22, 1995 of the Government placing the Vietnam Civil Aviation Department directly under the management of the Government;
At the proposals of the Director of the Vietnam Civil Aviation Department and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The Vietnam Civil Aviation Department is an agency attached to the Government, having the function of State management over the civil aviation service in the whole country.

Article 2.- The Vietnam Civil Aviation Department shall have to carry out the State management tasks provided for in the Law on Vietnam Civil Aviation of December 26, 1991, the Law on Amendments and Supplements to a Number of Articles of the Law on Vietnam Civil Aviation of April 20, 1995, Article 21 of Decree No.15-CP of March 2nd, 1993 of the Government, and the following concrete tasks and powers:

1. Submitting to the Government draft laws, ordinances, strategies, programs, plans and policies on the development of the Civil Aviation Service, the Government's regulations on the management of the Civil Aviation Service and organizing the implementation of the above-said matters.

2. Proposing to the Government the establishment and operation of air routes, zones banned or restricted to flights, the accession to and signing of international treaties on aviation; signing civil aviation cooperation documents with other countries and international organizations in accordance with the Government's stipulations.

3. Issuing procedures and rules on technical and professional processes and civil aviation safety, taking part in elaborating the systems of taxes, charges and fees with regard to civil aviation activities.

4. Organizing and managing the operation of civil aviation routes, flight information and flight control regions; planning and managing the system of information technology in service of civil aviation. Collaborating with the concerned agencies in managing the national air space and safeguarding the national security.

5. Presiding over and collaborating with the Ministry of National Defense, the Ministry of the Interior, the concerned State management agencies and the local administration in ensuring the security and safety of aviation services, special flights and exclusive flights, airports, civil airfields, and airfields used for both civil and defense purposes. Collaborating with the concerned branches and localities in search and rescue activities and the investigation of civil aviation accidents.

6. Submitting to the Prime Minister proposals for the establishment, dissolution of air transport businesses, foreign-invested joint projects in the field of civil aviation, the establishment and operations of airports and airfields.

Managing the air transport services provided by domestic air transport businesses in accordance with laws and the Government's stipulations; managing the activities of foreign airlines operating on Vietnamese territory in accordance with Vietnam's laws and international practices.

7. Managing the registration of civil aircraft; collaborating with the Ministry of Trade in managing the import and export of aircraft, equipment and materials in service of civil aviation; managing and supervising the repair and maintenance of aircraft, aircraft engines, the manufacture of equipment for aircraft and specialized equipment in service of the civil aviation activity.

8. Issuing, suspending, extending, revising and withdrawing certificates, licenses and permits relating to the civil aviation activity in accordance with the Government's stipulations.

9. Managing scientific and technological activities in the field of civil aviation; organizing he research and application of scientific and technological advances in the field of civil aviation; collaborating with the Ministry of Science, Technology and Environment in protecting the environment in civil aviation activity.

10. Managing the organization and personnel work, the training, selection and development of the man-power of the cvil aviation service; collaborating with the Ministry of Education and Training in training personnel for the civil aviation service.

11. Managing the properties and land allocated by the State.

12. Managing civil aviation investment and construction projects in line with the managerial mandate of the Government.

13. Organizing the examination, inspection and settlement of complaints and denunciations and handling violations in civil aviation activity in accordance with law.

Article 3.- The Vietnam Civil Aviation Department is headed by its Director, who is assisted by Deputy Directors. The Director and Deputy Directors shall be appointed and dismissed by the Prime Minister. The Director shall be responsible to the Government for performing the specialized function of State management over the aviation service, the Deputy Directors shall be responsible to the Director for their assigned tasks.

Article 4.- The organizational structure of the Vietnam Civil Aviation Department is composed of:

1. Units to assist the Director of the Vietnam Civil Aviation Department in organizing the implementation of the State management function:

- The Planning and Investment Department.

- The Finance Department.

- The Organization, Personnel and Labor Department.

- The Science and Technology Department.

- The Security Department.

- The Safety Department.

- The Air Transport and Air Navigation Department.

- The Office.

- .The Inspectorate.

- The Judiciary Bureau

2. Airport administration:

Pursuant to Article 27 of the Law on Amendments and Supplements to a Number of Articles of the Law on Vietnam Civil Aviation, the Director of the Vietnam Civil Aviation Department shall submit to the Government a regulation on the organization, tasks and powers of the airport administration and a regulation on the collaboration among State management agencies at airports.

3. Non-business units:

- The Aviation Magazine

- The Vietnam Civil Flight Control Center (revenue-generating unit).

The Director of the Vietnam Civil Aviation Department shall define the tasks, powers and the organizational structure of the organizations mentioned in Points 1 and 3.

Article 5.- This Decree takes effect from the date of its signing for promulgation, replacing Decree No.242-HDBT of June 30, 1992 of the Council of Ministers (now the Government) on the establishment of the Civil Aviation Department of Vietnam, Decision No.36-TTg of February 6, 1993 of the Prime Minister on the Statute on the Organization and Operation of the Civil Aviation Department of Vietnam and other previous provisions which are contrary to this Decree.

Article 6.- The Director of the Vietnam Civil Aviation Department, the Ministers, the Heads of the agencies at ministerial level, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.