Circular 20/2021/TT-BGTVT coordination between enterprise managing aviation infrastructure assets - state management agency

CIRCULAR

Promulgating the Regulation on coordination between the enterprise assigned to manage aviation infrastructure assets and the agency performing the function of specialized state management of aviation^[1]

Pursuant to the Government’s Decree No. 12/2017/ND-CP of 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 of August 12, 2015, on aviation authorities;

Pursuant to the Government’s Decree No. 44/2018/ND-CP of March 13, 2018, providing the management, use and exploitation of aviation infrastructure assets;

Pursuant to the Government’s Decree No. 05/2021/ND-CP of January 25, 2021, on management and operation of airports and aerodromes;

At the proposal of the Director of the Transport Infrastructure Department and the Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport promulgates the Circular promulgating the Regulation on coordination between the enterprise assigned to manage aviation infrastructure assets and the agency performing the function of specialized state management of aviation.

Article 1. To promulgate together with this Circular the Regulation on coordination between the enterprise assigned to manage aviation infrastructure assets and the agency performing the function of specialized state management of aviation in managing, using and exploiting assets under regulations.

Article 2. This Circular takes effect on November 10, 2021.

Article 3. The Chief of the Office, Chief Inspector, directors, the Director of the Civil Aviation Authority of Vietnam, the General Director of the Airports Corporation of Vietnam, heads of agencies and organizations, and related individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
LE ANH TUAN

REGULATION

On coordination between the enterprise assigned to manage aviation infrastructure assets and the agency performing the function of specialized state management of aviation

(Promulgated together with the Minister of Transport’s Circular No. 20/2021/TT-BGTVT of September 22, 2021)

Article 1. Scope of regulation and subjects of application

1. The Regulation on coordination between enterprises assigned to manage aviation infrastructure assets and agencies performing the function of specialized state management of aviation (below referred to as the Coordination Regulation) provides principles and contents of and responsibility for coordination between the Civil Aviation Authority of Vietnam and the Airports Corporation of Vietnam in managing, using and exploiting aviation infrastructure assets invested and managed by the State in accordance with the law on management and use of public assets and the Prime Minister’s Decision No. 2007/QD-TTg of December 7, 2020, approving the Scheme on assignment, management, use and exploitation of aviation infrastructure assets invested and managed by the State (below referred to as the Scheme).

2. The Coordination Regulation applies to the Civil Aviation Authority of Vietnam and the Airports Corporation of Vietnam.

Article 2. Principles of coordination

1. To ensure the uniform management, use and exploitation of aviation infrastructure assets; to ensure close  coordination in inspecting and supervising the management, use and exploitation of aviation infrastructure assets; to exchange and promptly provide accurate information in the course of managing, using and exploiting aviation infrastructure assets; to clearly divide responsibility of parties as conformable to functions, tasks and powers of each subject governed by the Coordination Regulation.

2. To properly perform the functions, tasks and powers provided by law in order to properly perform assigned tasks, ensuring that aviation activities are carried out in a smooth and safe manner and the management, exploitation and use of aviation infrastructure assets comply with law.

Article 3. Management, use and exploitation of aviation infrastructure assets

1. The Airports Corporation of Vietnam shall manage, use and exploit aviation infrastructure assets under the Scheme on assignment, management, use and exploitation of aviation infrastructure assets invested and managed by the State that was approved by the Prime Minister under Decision No. 2007/QD-TTg of December 7, 2020; manage, use and exploit public assets assigned by the State to enterprises for management, excluding state capital amounts at enterprises as specified in Article 99 of the Law on Management and Use of Public Assets.

2. The Civil Aviation Authority of Vietnam shall perform the assigned function of specialized state management of aviation, ensuring the principles of management, use and exploitation of aviation infrastructure assets in accordance with the law on management and use of public assets.

Article 4. Maintenance of aviation infrastructure assets

1. The Airports Corporation of Vietnam shall perform the tasks of an enterprise assigned to manage, use and exploit aviation infrastructure assets, organize the maintenance of aviation infrastructure facilities assigned to it for management under the Minister of Transport’s regulations on maintenance of aviation works and the regulations on maintenance of works; and maintain conditions for regular, continuous and safe operation of aviation infrastructure assets assigned to it for management.

2. The Civil Aviation Authority of Vietnam shall fully perform the functions and tasks of the state management agency in charge of aviation in the maintenance of aviation infrastructure.

3. The Civil Aviation Authority of Vietnam and Airports Corporation of Vietnam shall coordinate with each other in building a system of techno-economic norms to serve the management, exploitation and maintenance of aviation infrastructure assets, and submit it to the Ministry of Transport for promulgation; organizing the maintenance of aviation infrastructure assets under the Scheme approved by the Prime Minister under Decision No. 2007/QD-TTg of December 7, 2020.

Article 5. Dossier of management, asset accounting and reporting, database, and handling of aviation infrastructure assets

1. The Civil Aviation Authority of Vietnam shall

a/ Use the database on aviation infrastructure assets to perform the state management of public assets under regulations;

b/ Receive and examine reports of the Airports Corporation of Vietnam to manage and report to the Ministry of Transport on the management, use and exploitation of aviation infrastructure assets;

c/ Advise and submit to the Ministry of Transport for consideration and decision, or submit to competent authorities for consideration of and decision on handling of aviation infrastructure assets in accordance with law upon receiving reports of the Airports Corporation of Vietnam;

d/ Assume the prime responsibility for, and coordinate with the Airports Corporation of Vietnam in, reviewing and addressing problems related to the review, classification and valuation of assets with adequate information on asset value for accounting, management, use and exploitation of aviation infrastructure assets under the Government’s Decree No. 44/2018/ND-CP of March 13, 2018; and report to the Ministry of Transport for consideration and submission to competent agencies for decision on supplementation of the list of aviation infrastructure assets assigned to the Airports Corporation of Vietnam (if any).

2. The Airports Corporation of Vietnam shall

a/ Make a dossier of asset management, conduct accounting of aviation infrastructure assets in accordance with law; update dossiers for management of aviation infrastructure assets under regulations; manage and store all dossiers on aviation infrastructure assets under regulations; report to the Civil Aviation Authority of Vietnam on increase, reduction or depreciation of aviation infrastructure assets on a yearly basis in accordance with law;

b/ Fulfill obligations of an agency directly organizing the exploitation of aviation infrastructure assets; manage revenues and expenditures from/for exploitation of aviation infrastructure assets in accordance with law;

c/ Build, manage and operate an information system and a database on aviation infrastructure assets;

d/ Make an asset declaration report, input data into the database on aviation infrastructure assets under the Government’s Decree 44/2018/ND-CP of March 13, 2018, on management, use and exploitation of aviation infrastructure assets;

dd/ Send annual reports to the Civil Aviation Authority of Vietnam on the management, use and exploitation of aviation infrastructure assets of preceding years and make unscheduled reports at the request of competent state agencies. Forms of reports on management, use and exploitation of aviation infrastructure assets are provided in Clause 5, Article 24 of the Government’s Decree No. 44/2018/ND-CP of March 13, 2018. The deadline for sending an annual report on management, use and exploitation of aviation infrastructure assets is February 28 of the year following the reporting period.

e/ Survey and determine the scope and boundaries of assets and land areas of the State (including also assets managed by the Ministry of Transport and local administrations) and of enterprises at airports and aerodromes; coordinate with the Civil Aviation Authority of Vietnam in reviewing and addressing shortcomings related to boundaries, value and lists of aviation infrastructure assets for reporting to the Ministry of Transport;

g/ Hand over aviation infrastructure assets to competent agencies upon the expiration of the period of asset assignment or in other cases under decisions of competent state agencies. When being handed over to competent agencies, aviation infrastructure assets must satisfy conditions for safe operation, of sufficient and accurate quantity and value, and be accompanied with relevant documents.

Article 6. Examination and supervision

1. The Civil Aviation Authority of Vietnam shall:

a/ Examine and supervise the management, use and exploitation of aviation infrastructure assets during the time they are handed over to the Airports Corporation of Vietnam for management, use and exploitation; propose or report to competent authorities for timely resolution of arising issues or plausible adjustment to ensure efficient management, use and exploitation of aviation infrastructure assets and the State’s interests;

b/ Organize examination and supervision of the implementation of plans on maintenance, repair, investment, renovation and upgrading of aviation infrastructure facilities under regulations;

c/ Urge, examine and supervise the Airports Corporation of Vietnam’s performance of its assigned tasks under Clause 6, Section V, Article 1 of the Prime Minister’s Decision No. 2007/QD-TTg of December 7, 2020.

2. The Airports Corporation of Vietnam shall:

a/ Publicize aviation infrastructure assets it is assigned to manage, use and exploit in accordance with law;

b/ Submit to examination and supervision by competent state management agencies and supervision by the community in the management, use and exploitation of aviation infrastructure assets.

Article 7. Reports on the implementation of the Scheme

1. Annual reports on the implementation of the Scheme

The Airports Corporation of Vietnam shall report to the Aviation Authority of Vietnam on actual management, use and exploitation of aviation infrastructure assets under the Scheme approved by the Prime Minister under Decision No. 2007/QD-TTg of December 7, 2020, with the following details:

a/ Title of the report: Report on the management, use and exploitation of aviation infrastructure assets;

b/ Contents of the report: Results of the performance of tasks assigned under the Scheme; difficulties and problems arising in the course of implementation of the Scheme; recommendations and proposals to competent authorities for overcoming difficulties and addressing problems (if any);

c/ Methods of sending and receiving the report: The report shall be made in the form of a pager or an electronic document, and sent to the report-receiving agency by hand-delivery or post, or via fax or email, or by other methods specified by law;

d/ Reporting frequency: Annually;

dd/ Reporting deadline: January 15 of the year following the reporting period;

e/ Time of reporting data cutoff: For the 2021 annual report, the reporting period is counted from December 7, 2020, through December 31, 2021. For annual reports of subsequent years, the reporting period will be counted from January 1 through December 31 of the reporting period;

g/ Report outline: Made according to the form provided in Appendix I to this Circular.

2. The preliminary review report on three-year implementation of the Scheme

The Airports Corporation of Vietnam shall send to the Civil Aviation Authority of Vietnam and the Ministry of Transport the preliminary review report on three-year management, use, and exploitation of aviation infrastructure assets under the Scheme approved by the Prime Minister under Decision No. 2007/QD-TTg of December 7, 2020, with the following details:

a/ Title of the report: The preliminary review report on three-year  management, use and exploitation of aviation infrastructure assets;

b/ Contents of the report: Results of the performance of tasks assigned under the Scheme during the three-year period; difficulties and problems arising in the course of implementation of the Scheme; shortcomings and limitations and their causes; recommendations and proposals to competent authorities for overcoming difficulties and addressing problems (if any), and proposals on adjustments in the management, use and exploitation of aviation infrastructure assets (if any);

c/ Methods of sending and receiving the report: The report shall be made in the form of a pager or an electronic document, and sent to report-receiving agencies by hand-delivery or post, or via fax or email, or by other methods specified by law;

d/ Reporting deadline: January 15, 2024;

dd/ Report outline: Made according to the form provided in Appendix 2 to this Circular.

3. The final review report on five-year implementation of the Scheme  

The Airports Corporation of Vietnam shall send to the Civil Aviation Authority of Vietnam and the Ministry of Transport the final review report on results of five-year management, use, and exploitation of aviation infrastructure assets under the Scheme approved by the Prime Minister under Decision No. 2007/QD-TTg of December 7, 2020, with the following details:

a/ Title of the report: The final review report on five-year management, use and exploitation of aviation infrastructure assets;

b/ Contents of the report: Results of the performance of tasks assigned under the Scheme during the five-year period; difficulties and problems arising in the course of implementation of the Scheme; shortcomings and limitations and their causes; review of drawn lessons and proposal on a plan on assignment for management, use and exploitation of aviation infrastructure assets in the subsequent period, ensuring efficient exploitation of aviation infrastructure assets and conformity with practical conditions;

c/ Methods of sending and receiving the report: The report shall be made in the form of a pager or an electronic document, and sent to report-receiving agencies by hand-delivery or post, or via fax or email, or by other methods specified by law;

d/ Reporting deadline: September 30, 2025;

dd/ Report outline: Made according to the form provided in Appendix 3 to this Circular.

4. Unscheduled reports on the Scheme implementation

The Airports Corporation of Vietnam shall send to the Civil Aviation Authority of Vietnam unscheduled reports on the management, use and exploitation of aviation infrastructure assets under the Scheme approved by the Prime Minister under Decision No. 2007/QD-TTg of December 7, 2020, when so requested by the Civil Aviation Authority of Vietnam, or upon occurrence of problems that need to be solved but fall beyond its competence.

5. The Civil Aviation Authority of Vietnam shall review and evaluate contents of scheduled and unscheduled reports, the preliminary review report on three-year implementation of the Scheme, and the final review report on five-year implementation of the Scheme of the Airports Corporation of Vietnam; settle according to its competence or report to competent authorities for consideration and settlement recommendations and proposals of the Airports Corporation of Vietnam.

Article 8. Organization of implementation

1. In case the legal documents referred to in this Coordination Regulation are amended, supplemented or replaced, the amending, supplementing or replacing documents will prevail.

2. The Civil Aviation Authority of Vietnam and Airports Corporation of Vietnam shall organize the implementation of this Coordination Regulation.

3. Any problems arising in the course of implementation of this Coordination Regulation should be reported to the Ministry of Transport for consideration and appropriate amendment and supplementation.-