Circular No. 18/2011/TT-BGTVT dated March 31, 2011 of the Ministry of Transport providing for modifying, supplementing a number of Articles of the March 26, 2007 Decision No.13/2007/QD-BGTVT of the Ministry of Transport on granting, recognizing the sufficient conditions certificate of dangerous cargos transporting by air traffic

CIRCULAR

PROVIDING FOR MODIFYING, SUPPLEMENTING A NUMBER OF ARTICLES OF THE MARCH 26, 2007 DECISION NO.13/2007/QD-BGTVT OF MINISTRY OF TRANSPORT ON GRANTING, RECOGNIZING THE SUFFICIENT CONDITIONS CERTIFICATE OF DANGEROUS CARGOS TRANSPORTING BY AIR TRAFFIC

THE MINISTRY OF TRANSPORT

Pursuant to the April 22, 2008  Decree No. 51/2008/ND-CP of the Government providing for functions, duties, authorities and organizational structureof Ministry of Transport;
Pursuant to the May 09, 2007 Decree No. 76/2007/ND-CP of the Government on trading, transporting by air and general aviation;
The Minister of Transport stipulates as follows:

Article 1.Modifying, supplementing a number of Articles of the March 26, 2007 Decision No.13/2007/QD-BGTVT of Ministry of Transport on recognizing sufficient conditions Certificate of dangerous cargos transporting by air traffic with the following contents:

1. Amending Article 7 as follows:

“Article 7.Procedurerecognizing the sufficient conditions Certificate of dangerous cargos general rule transporting by air traffic of foreign airlines.

1. The foreign airlines requesting for recognizing sufficient conditions Certificate of dangerous cargos general rule transporting by air traffic apply 01 set of dossier directly to or via post or via email, fax to the Civil Aviation Administration of Vietnam and must be responsible for information in dossiers. Dossiers comprise:

a) A requesting document under the form provided in Annex 1 issued together with this Decision;

b) A copy of sufficient conditions Certificate for dangerous cargos transporting by air traffic granted by the nation of the airline or of the relative flight operator;

c) A copy of professional Certificate of dangerous cargos transporting of aviation personnel;

d) The foreign airlines requesting for recognizing the sufficient conditions Certificate of dangerous cargos general rule transporting by air traffic pay fees under law.

2. Within 10 days since the date of receiving the complete and regular dossiers as provisions, the Civil Aviation Administration of Vietnam considers, values dossiers’ contents and decides recognition of sufficient conditions Certificate of dangerous cargos general rule transporting by air traffic.

a) Certificate of sufficient conditions for dangerous cargos transporting by air traffic shall be valid for 02 years since the issuing date but not exceed the effective time-limit provided in the Certificate of sufficient conditions for dangerous cargos transporting by air traffic granted by the nation of airlines or of relative flight operator; In case the Civil Aviation Administration of Vietnam recognizes the Certificate of sufficient conditions for dangerous cargos transporting by air traffic of foreign airlines, the effective time-limit of Certificate is correlative with the effective time-limit of Certificate of sufficient conditions for dangerous cargos transporting by air traffic granted by the nation of airline but not exceed 02 years.

b) In case Dossier requesting for recognizing Certificate of sufficient conditions for dangerous cargos transporting by air traffic fails to meet conditions as prescribed, within 03 working days since the date of direct dossier receiving or date of delivery stamped by post office or via email, fax, the Civil Aviation Administration of Vietnam issues a document to request the airlines to complete dossier and handling time is counted since the date of complete and regular dossier receiving as prescribed.

3. Procedure for re-recognition of Certificate of sufficient conditions for dangerous cargos general rule transporting by air traffic of foreign airlines implemented under provisions in clause 1 this Article.”

2. Supplementing Article 7a as follows:

“Article 7a.Procedure for recognition of Certificate of sufficient conditions for dangerous cargos non-general rule transporting by air traffic of foreign airlines.

1. The Civil Aviation Administration of Vietnam recognizes Certificate of sufficient conditions for dangerous cargos non-general rule transporting by air traffic of foreign airlines at the same time of  arrival, departure flightgranting for flights implementing civil aviation flight operations in Vietnam.

2. The applicant must applies a copy of Certificate of sufficient conditions for dangerous cargos non-general rule transporting by air traffic granted by the nation of airline or of relative flight operator to be included in requestment documents for granting flight under the form provided in Annex 2 issued together with this Decision.

3. The Civil Aviation Administration of Vietnam considers, informs recognition or rejection of Certificate of sufficient conditions for dangerous cargos non-general rule transporting by air traffic of foreign airlines in the flight permission or in the flight granting rejection document for non-general rule flights transporting dangerous cargos to the applicant within 03 days since the date of requestment document receipt.”

3. Supplementing 02 Annexes as follows:

“a) Annex 1: Applying form for requesting recognition of Certificate of sufficient conditions for dangerous cargos general rule transporting by air traffic.

b) Annex 2: Applying form for requesting recognition of Certificate of sufficient conditions for dangerous cargos non-general rule transporting by air traffic.”

Article 2. Implementation organization

1. This Circular takes effect after 45 days since the signing date;

2. Annulling Article 8 of the March 26, 2007 Decision No. 13/2007/QD-BGTVT of Ministry of Transport on granting, recognizing the Certificate of sufficient conditions for dangerous cargos transporting by air traffic.

3. Chief of Ministry’s Office, Chief of Ministrial Inspectorate, Head of Departments, Director of Civil Aviation Administration of Vietnam, Heads of agencies, organizations and individuals are responsible for the implementation this Circular./.

ANNEX 1

(Issuing together with Circular No. 18/2011/TT-BGTVT dated 3/31/2011 of the Ministry of Transport)

SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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…….., date ….. month ….. year ………

REQUESTING FOR RECOGNITION OF CERTIFICATE OF SUFFICIENT CONDITIONS FOR DANGEROUS CARGOS GENERAL RULE TRANSPORTING BY AIR TRAFFIC

To: The Civil Aviation Administration of Vietnam

Airline’s name (written in capital letter, name in the establishment License/Business registration Certificate): .....................................................................................................

Abbreviated airline’s name (if any):......................................................................

Airline’s nationality:................................................................................

Head office’s address: (address in the establishment License/Business registration Certificate).............

Establishment License/Business registration Certificate No.:..............................................................

Issued by: ………………. Date ….. month ….. year ……… at .......................................

Telephone: ……….. Fax: ……………., Email: …………… Website (if any)...............

Legal representative: (authorized representative)

Full name: ....................................................................................................................

Position: ......................................................................................................................

Nationality: ....................................................................................................................

Requesting for granting/recognizing Certificate of sufficient conditions for dangerous cargos transporting by air traffic in Vietnam.

List of personnels who are responsible for dangerous cargos transporting at airport stations, related airports of Vietnam (including: Full name, Nationality; Passport No./ID card ………….. issued by …………. Date ….. month ….. year ……… at ……………..).

We undertake:

Being responsible entirely for the faithfulness and accuracy of contents of the requestment document and dossier attached.

Compliance strictly with provisions in Article 2 Decision 13/2007/QD-BGTVT dated 3/26/2007 on granting, recognition of Certificate of sufficient conditions for dangerous cargos transporting by air traffic.

Dossiers attached comprise:

- …………………..;

- …………………..;

- …………………..

ANNEX 2

(Issuing together with Circular No. 18/2011/TT-BGTVT dated 3/31/2011 of Minister of Transport)

REQUESTING FOR RECOGNITION OF CERTIFICATE OF SUFFICIENT CONDITIONS FOR DANGEROUS CARGOS NON-GENERAL RULE TRANSPORTING BY AIR TRAFFIC

(Including granting flight license of implementation of non-general rule flights to transport dangerous cargos)

Note:

1. Code with 3 letters of airport, local time.

2. UTC Time.