|
MINISTRY OF TRANSPORT |
SOCIALIST REPUBLIC OF VIETNAM |
|
No.: 20/2021/TT-BGTVT |
Hanoi, September 22, 2021 |
CIRCULAR
PROMULGATING REGULATIONS ON COOPERATION BETWEEN ENTERPRISE ASSIGNED TO MANAGE AVIATION INFRASTRUCTURE ASSETS AND AUTHORITY PERFORMING STATE MANAGEMENT OF AVIATION ACTIVITIES
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 prescribing aviation authorities;
Pursuant to the Government's Decree No. 44/2018/ND-CP dated March 13, 2018 on management, use and operation of aviation infrastructure assets;
Pursuant to the Government’s Decree No. 05/2021/ND-CP dated January 25, 2021 on management and operation of airports and aerodromes;
At the request of the Director of Transport Infrastructure Department and Director General of Civil Aviation Authority of Vietnam;
The Minister of Transport promulgates a Circular promulgating regulations on cooperation between enterprise assigned to manage aviation infrastructure assets and authority performing state management of aviation activities.
Article 1. Regulations on cooperation between enterprise assigned to manage aviation infrastructure assets and authority performing state management of aviation activities in management, use and operation of assets are issued together with this Circular.
Article 2. This Circular comes into force as from November 10, 2021.
Article 3. Chief of the Ministry's Office, the Ministry's Chief Inspector, Directors of Departments affiliated to the Ministry, Director General of Civil Aviation Authority of Vietnam, Director General of Airports Corporation of Vietnam, heads of relevant agencies and organizations, and relevant individuals shall implement this Circular./.
|
|
PP. MINISTER |
REGULATIONS ON COOPERATION
BETWEEN ENTERPRISE ASSIGNED TO MANAGE AVIATION INFRASTRUCTURE ASSETS AND AUTHORITY PERFORMING STATE MANAGEMENT OF AVIATION ACTIVITIES
(Enclosed with the Circular No. 20/2021/TT-BGTVT dated September 22, 2021 of the Minister of Transport)
Article 1. Scope and regulated entities
1. Regulations on cooperation between enterprise assigned to manage aviation infrastructure assets and authority performing state management of aviation activities (hereinafter referred to as “Cooperation Regulation”) include rules, contents and responsibility for cooperation between Civil Aviation Authority of Vietnam (CAAV) and Airports Corporation of Vietnam (ACV) in management, use and operation of State-invested and managed aviation infrastructure assets in accordance with regulations of the law on management and use of public property and the Prime Minister’s Decision No. 2007/QD-TTg dated December 07, 2020 giving approval for the Scheme for assignment, management, use and operation of State-invested and managed aviation infrastructure assets (hereinafter referred to as “Scheme”).
2. This Cooperation Regulation applies to CAAV and ACV.
Article 2. Rules of cooperation
1. Ensure the consistent management, use and operation of aviation infrastructure assets; the close cooperation in inspecting and supervising management, use and operation of aviation infrastructure assets; exchange and provision of timely and accurate information during the management, use and operation of aviation infrastructure assets; clear division of responsibility between the parties which must be conformable with functions, tasks and powers of each entity regulated in the Cooperation Regulation.
2. Strictly perform functions, tasks and powers as prescribed by law for the purposes of well fulfilling tasks and ensuring that aviation activities can be performed in a thorough and safe manner as well as the proper management, use and operation of aviation infrastructure assets in accordance with law.
Article 3. Management, use and operation of aviation infrastructure assets
1. ACV shall manage, use and operate aviation infrastructure assets according to Scheme; manage, use and operate public assets which are allocated by the State to the enterprise but do not constitute the state capital invested in the enterprise as prescribed in Article 99 of the Law on management and use of public property.
2. CAAV shall perform the assigned state management tasks of aviation activities to ensure that aviation infrastructure assets shall be managed, used and operated in accordance with regulations of the law on management and use of public property.
Article 4. Maintenance of aviation infrastructure assets
1. ACV shall perform tasks of the enterprise assigned to manage, use and operate aviation infrastructure assets, organize the maintenance of the managed aviation infrastructure assets in accordance with regulations adopted by the Minister of Transport on maintenance of aviation works and other regulations of law on maintenance of building works; ensure conditions for frequent, continuous and safe operation of the managed aviation infrastructure assets.
2. CAAV shall fully perform functions and tasks of the authority performing state management of aviation activities regarding the maintenance of aviation infrastructure assets.
3. CAAV and ACV shall cooperate in developing technical - economic norms serving the management, operation and maintenance of aviation infrastructure assets and submitting them to the Ministry of Transport for promulgation; cooperate in organizing and performing maintenance of aviation infrastructure assets in accordance with the Prime Minister’s Decision No. 2007/QD-TTg dated December 07, 2020 giving approval for the Scheme.
Article 5. Management documents, accounting for assets, reporting, database, and processing of aviation infrastructure assets
1. CAAV shall:
a) Use database on aviation infrastructure assets for performing state management of public property as prescribed;
b) Receive and examine reports submitted by ACV for managing and reporting to the Ministry of Transport on the management, use and operation of aviation infrastructure assets;
c) Provide advice for the Ministry of Transport for considering and deciding or requesting competent authorities to consider and decide to process aviation infrastructure assets in accordance with regulations of law when receiving reports from ACV;
d) Play the leading role and cooperate with ACV in reviewing and handling issues concerning the review, classification and valuation of assets with adequate information about values of assets for recording, managing, using and operating aviation infrastructure assets according to the Government’s Decree No. 44/2018/ND-CP dated March 13, 2018; request the Ministry of Transport to consider and request competent authorities to decide the addition of assets to the list of aviation infrastructure assets allocated to ACV (if any).
2. ACV shall:
a) Prepare asset management documents and carry out accounting for aviation infrastructure assets in accordance with regulations of law; update the documents on management of aviation infrastructure assets as prescribed; manage and retain adequate documents on aviation infrastructure assets as prescribed; submit annual reports to CAAV on increase, decrease and depreciation of aviation infrastructure assets in accordance with regulations of law;
b) Fulfill tasks of the authority that directly organizes the operation of aviation infrastructure assets; manage revenues and expenses generated and incurred from the operation of aviation infrastructure assets in accordance with regulations of law;
c) Develop, manage and operate the information technology system and database on aviation infrastructure assets;
d) Prepare reports on inventory of assets and input data about aviation infrastructure assets into the database in accordance with the Government’s Decree No. 44/2018/ND-CP dated March 13, 2018;
dd) Submit annual reports to CAAV on management, use and operation of aviation infrastructure assets in the previous year, and submit ad hoc reports at the request of competent authorities. Form of reports on management, use and operation of aviation infrastructure assets shall comply with the provisions in Clause 5 Article 24 of the Government’s Decree No. 44/2018/ND-CP dated March 13, 2018. Annual reports on management, use and operation of aviation infrastructure assets shall be submitted by February 28 of the year following the reporting period.
e) Carry out measurements and determine scope and boundaries of state assets and land (including assets managed by the Ministry of Transport and local governments) and assets and land of the enterprise at airports and aerodromes; cooperate with CAAV in reviewing and handling issues concerning boundaries, values and list of aviation infrastructure assets for reporting to the Ministry of Transport;
g) Return aviation infrastructure assets to competent authorities upon the end of the assigned asset management period or in other cases as decided by competent authorities. Conditions for safe operation, quantity, values and relevant documents concerning the aviation infrastructure assets must be ensured and adequately provided when returning such assets.
Article 6. Inspection tasks
1. CAAV shall:
a) Inspect the management, use and operation of aviation infrastructure assets which are assigned to ACV for management, use and operation; submit reports to competent authorities for promptly handling relevant issues or making appropriate amendments to ensure the effective management, use and operation of aviation infrastructure assets while state benefits must be guaranteed;
b) Organize inspection of the implementation of plan for maintenance, repair, investment, modification and upgrading of aviation infrastructure assets so as to ensure that the plan is implemented in accordance with regulations;
c) Expedite and inspect ACV in fulfilling its tasks as prescribed in Clause 6 Section V Article 1 of the Prime Minister’s Decision 2007/QD-TTg dated December 07, 2020.
2. ACV shall:
a) Make information about the aviation infrastructure assets that it is assigned to manage, use and operate publicly available as prescribed by law;
b) Bear the inspection of competent authorities and the community’s supervision during its management, use and operation of aviation infrastructure assets.
Article 7. Reporting on implementation of Scheme
1. Annual reports on implementation of the Scheme
ACV shall submit reports to CAAV on the management, use and operation of aviation infrastructure assets under the Scheme approved by the Prime Minister under the Decision No. 2007/QD-TTg dated December 07, 2020. To be specific:
a) Name of report: Report on management, use and operation of aviation infrastructure assets;
b) Reporting contents: Performance of each task or content assigned in the Scheme; difficulties arising during the implementation of the Scheme; suggestion and recommendations to competent authorities of each level for dealing with such difficulties (if any);
c) Report submission methods: Reports shall be made in the form of physical documents or electronic documents and sent to recipients directly, by post, fax or email or in other forms as prescribed by law;
d) Reporting frequency: Every year;
dd) Deadline for submission of report: by January 15 of the year following the reporting period;
e) Data closing duration: The report for the year 2021 shall include data collected from December 07 2020 to December 31, 2021. Annual reports for subsequent years shall include data collected from January 01 to December 31 of the reporting period;
g) Reporting outlines: according to the form in Appendix 1 enclosed herewith.
2. 03-year preliminary report on implementation of Scheme
ACV shall submit reports to CAAV and Ministry of Transport on preliminary results for 03-year period of management, use and operation of aviation infrastructure assets under the Scheme approved by the Prime Minister under the Decision No. 2007/QD-TTg dated December 07, 2020. To be specific:
a) Name of report: 03-year preliminary report on management, use and operation of aviation infrastructure assets;
b) Reporting contents: Performance of each task or content assigned in the Scheme for the period of 03 years; difficulties arising during the implementation of the Scheme; shortcomings, restrictions and causes thereof; suggestions and recommendations to competent authorities of each level for dealing with such difficulties (if any) and suggested modifications to the management, use and operation of aviation infrastructure assets (if any);
c) Report submission methods: Reports shall be made in the form of physical documents or electronic documents and sent to recipients directly, by post, fax or email or in other forms as prescribed by law;
d) Deadline for submission of report: by January 15, 2024;
dd) Reporting outlines: according to the form in Appendix 2 enclosed herewith.
3. 05-year summary report on the implementation of the Scheme:
ACV shall submit reports to CAAV and Ministry of Transport on summary results for 05-year period of management, use and operation of aviation infrastructure assets under the Scheme approved by the Prime Minister under the Decision No. 2007/QD-TTg dated December 07, 2020. To be specific:
a) Name of report: 05-year summary report on management, use and operation of aviation infrastructure assets;
b) Reporting contents: Performance of each task or content assigned in the Scheme for the period of 05 years; difficulties arising during the implementation of the Scheme; shortcomings, restrictions and causes thereof; experiences and suggested plan for assignment of management, use and operation of aviation infrastructure assets in the following period which must ensure the effective and safe operation of aviation infrastructure assets, and be conformable with actual conditions;
c) Report submission methods: Reports shall be made in the form of physical documents or electronic documents and sent to recipients directly, by post, fax or email or in other forms as prescribed by law;
d) Deadline for submission of report: by September 30, 2025.
dd) Reporting outlines: according to the form in Appendix 3 enclosed herewith.
4. Ad hoc report on implementation of Scheme
ACV shall submit ad hoc reports to CAAV on the management, use and operation of aviation infrastructure assets under the Scheme approved by the Prime Minister under the Decision No. 2007/QD-TTg dated December 07, 2020 at the request of CAAV or in case there are any issues beyond the authority of ACV.
5. CAAV shall review and assess contents of periodic and ad hoc reports, 03-year preliminary report and 05-year summary report on the implementation of the Scheme submitted by ACV; respond within its competence or request competent authorities to consider responding to suggestions and recommendations of ACV.
Article 8. Implementation
1. If any legislative documents referred to in this Cooperation Regulation are amended, supplemented or superseded, the new ones shall apply.
2. CAAV and ACV shall be responsible for the implementation of this Cooperation Regulation.
3. Difficulties that arise during the implementation of this Cooperation Regulation should be reported to the Ministry for consideration./.
---------------
This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]