THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
68-CP
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Hanoi,
October 25, 1995
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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.
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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.
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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.
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- 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
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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.
ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet