Circular No. 48/2016/TT-BGTVT dated December 30, 2016 of the Ministry of Transport on regulation on aviation works maintenance

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Circular No. 48/2016/TT-BGTVT dated December 30, 2016 of the Ministry of Transport on regulation on aviation works maintenance
Issuing body: Ministry of TransportEffective date:
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Official number:48/2016/TT-BGTVTSigner:Truong Quang Nghia
Type:CircularExpiry date:
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Issuing date:30/12/2016Effect status:
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Fields:Transport
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THE MINISTRY OF TRANSPORT

Circular No.  48/2016/TT-BGTVT dated December 30, 2016 of the Ministry of Transport on regulation on aviation works maintenance
Pursuant to the Law No.61/2006/QH11 on Civil aviation dated June 29, 2006 and the Law on amendment and supplement to a number of Articles of the Law No.61/2014/QH13 on Civil Aviation of Vietnam dated November 2014;
Pursuant to the Law on Construction No.50/2014/QH13 dated June 18, 2014;
Pursuant to the Government’s Decree No.46/2015/ND-CP dated May 12, 2015 on construction quality control and maintenance;
Pursuant to the Government’s Decree No.102/2015/ND-CP dated October 20, 2015 on management and operation of airport;
Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20, 2012, defining the functions, rights, responsibilities and organizational structure of the Ministry of Transport
Upon request the Director of the Department of Transport Infrastructure and the Director of the Civil Aviation Authority of Vietnam;
The Minister of Transport hereby issues this Circular stipulating regulation on civil aviation maintenance.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Circular stipulates regulations on maintenance of aviation works in the territory of Vietnam.
Article 2. Subjects of application
This Circular applies to entities engaging in management and maintenance of aviation works within the territory of Vietnam.
Article 3. Interpretation
1. Aviation works means any works for the purpose of civil aviation as stipulated in the law on civil aviation, including:
a) Components of airport infrastructures as stipulated in clause 2 Article 2 of the Government’s Decree No.102/2015/ND-CP dated October 20, 2015 on airport management and operation;
b) Works for provision of air navigation services located outside airports.
2. Degraded works and component means the works or component which is in run-down conditions or disqualified for operation under relevant technical regulations and standards.
3. Unsafe construction works or component means the works or component which may threaten the safety and operation of the works and has signs of deformation at the safety limits stipulated in the applicable technical regulations and standards.
Chapter II
SPECIFIC PROVISIONS ON AVIATION WORKS MAINTENANCE
Article 4. Requirements for aviation works maintenance
1. Aviation works maintenance shall be carried out in accordance with maintenance procedures, relevant technical regulations and standards and economic-technical norms.
2. Maintenance of aviation works shall conform to the maintenance plan prepared on the basis of the approved maintenance procedure and current condition of the aviation works.
Article 5. Responsibilities for aviation works maintenance
1. Responsibilities for aviation works maintenance
a) As for State-owned aviation works, the person granted aviation works leasing or designated to manage, operate and use the aviation works shall be responsible for maintenance ;
b) As for PPP aviation works, the investor and project management enterprise shall be responsible for maintenance of the aviation works during use as stipulated in the project contract. After the expiry of the project contract, the person designated to manage and operate the aviation works by the investor and/or project management enterprise shall take charge of the aviation works maintenance.
c) The aviation works' owner or manager/operator shall take charge of maintenance of aviation works other than those stipulated in point a and point b clause 1 of this Article.
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