What are the responsibilities of the Ministry of Transport, the Civil Aviation Authority, and the Airline when conducting a special flight?
Responsibilities of the Ministry of Transport in Executing Special Flights
Clause 1 Article 13 Decree 96/2021/ND-CP stipulates the responsibilities of the Ministry of Transport in executing special flights as follows:
Responsibilities of the Ministry of Transport and Units, Enterprises in the Vietnamese Aviation Industry
1. The Minister of Transport prescribes the standards for aircraft, aviation personnel; the process of management, execution, and operation as well as other necessary assurance tasks serving the special flights and dedicated sections of Vietnam performed by Vietnamese airlines and the process of serving special flights of foreign countries; assesses and recommends the Ministry of Finance to prescribe the maximum rental prices for official special and dedicated section aircraft (taking into account the factor of backup aircraft) in the form of orders; prescribes specific prices for ordering special flights, dedicated sections using state budget based on the maximum price per flight hour for official aircraft (considering the backup aircraft factor) prescribed by the Ministry of Finance.
Thus, the responsibilities of the Ministry of Transport include:
+ Prescribing the standards for aircraft, aviation personnel+ The process of management, execution, and operation as well as other necessary assurance tasks serving special flights and dedicated sections of Vietnam.+ Assessing and recommending the Ministry of Finance to prescribe the maximum rental prices for official special and dedicated section aircraft.
Responsibilities of the Ministry of Transport, the Civil Aviation Authority, and Airlines in Executing Special Flights (Image from the internet)
Responsibilities of the CAAV in Executing Special Flights
According to Clause 2 Article 13 Decree 96/2021/ND-CP:
- The Civil Aviation Authority of Vietnam (CAAV) is responsible for:
+ Acting as the focal point to receive and implement tasks ensuring Vietnamese special flights, dedicated sections by Vietnamese airlines, and special flights of foreign countries;+ Directing and supervising the agencies and units in the aviation industry to execute and serve special flights, dedicated sections according to security and safety standards;+ Issuing flight permits for Vietnamese special flights by Vietnamese airlines in accordance with regulations, and special flights of foreign countries flying over Vietnamese airspace and the flight information region managed by Vietnam;+ Coordinating with relevant agencies and units of Vietnam and foreign countries to address situations during the implementation of ensuring special flights, dedicated sections, and executing the tasks stipulated in Clause 2 of Article 11 of this Decree.
Simultaneously, the responsibilities of the CAAV are specifically guided in Article 37 Circular 25/2022/TT-BGTVT:
- Receiving and implementing notifications of special flights, dedicated sections of Vietnam, and special flights of foreign countries.- Directing and supervising aviation agencies and units to execute special flights, dedicated sections, ensuring security and safety measures for the flights; issuing documents on security check exemption for cases specified in Clause 2 Article 35 of this Circular; urging and monitoring the preparation work for serving special flights, dedicated sections; coordinating in addressing unusual situations during the execution of special flight, dedicated section tasks.- Issuing long-term airport security control cards for personnel regularly serving special flights, dedicated sections as stipulated; issuing notifications of card or pin samples of officers and soldiers of the Security Command - Ministry of Public Security performing security tasks for special flights, dedicated sections; sample cards, card-issuing lists of direct participants serving international events at the airport permitted to use the cards issued by the Security Command - Ministry of Public Security.
Responsibilities of Vietnamese Airlines in Executing Special Flights
According to Clause 6 Article 13 Decree 96/2021/ND-CP, the Vietnamese airline ordered to execute special flights, dedicated sections of Vietnam is responsible for:
- Ensuring the standards of special flights, dedicated sections of Vietnam as prescribed by the Ministry of Transport; ensuring security and safety for the flights;- Developing flight plans for Vietnamese special flights on international routes and notifying the itinerary to the Consular Department at least 07 days before the intended flight date;- In case of receiving late notifications of Vietnamese special flights as prescribed in Clause 3 Article 7 of this Decree, the Vietnamese airline must immediately report to the competent authority informing the special flights, dedicated sections about the difficulties and obstacles to promptly coordinate and handle;- Leading and cooperating with service providers to organize and implement the special flight, dedicated section tasks.
Simultaneously, Article 40 Circular 25/2022/TT-BGTVT outlines the responsibilities of Vietnamese airlines as follows:
- Receiving and executing tasks ensuring the special flights, dedicated sections.- Developing a special flight service plan, including: identifying the aircraft performing the special flight task, backup aircraft, flight routes, the list of countries requesting flight permission, entry, and exit points of countries, details related to flight operations, technical assurance, reporting to CAAV.- Organizing and executing sudden special flight tasks with suitable aircraft, engines, and flight crews for sudden special flights notified beyond the prescribed time limits in Clause 3 Article 7 and Clause 3 Article 10 of Decree 96/2021/ND-CP dated November 2, 2021, of the Government of Vietnam on ensuring special flights and dedicated sections and reporting to CAAV promptly.- Requesting flight permits for domestic special flights performed by the airline in accordance with current regulations. Coordinating with the Consular Department - Ministry of Foreign Affairs to request flight permits for Vietnamese special flights on international routes.- Developing service procedures, seating arrangements, and selecting passengers when serving both special and regular passengers, and notifying the Central Office of the Communist Party, the Office of the National Assembly, the Office of the President, the Office of the Government of Vietnam, the Central External Relations Department of the Communist Party, the State Protocol Department, the CAAV, and executing.- Leading and cooperating with relevant agencies and units to serve special flights ensuring safety, security, and flight schedule for Vietnamese special aircraft during the entire task execution; closely coordinating with the Central Office of the Communist Party, the Office of the National Assembly, the Office of the President, the Office of the Government of Vietnam, the Central External Relations Department of the Communist Party, the State Protocol Department - Ministry of Foreign Affairs, and units on pre-trip tasks to develop service plans at foreign airports.- Leading and cooperating with relevant agencies and units to serve special passengers conscientiously, safely, meeting the requirements of the competent authority; leading to guide, maintain order, and ensure security on the special aircraft when there are entourages and other subjects flying with the special passengers.- Coordinating to ensure safety, security for cargo, baggage, documents, and property of the special passenger delegation.- Coordinating with the Security Command - Ministry of Public Security to ensure security for special aircraft, special passengers, baggage, cargo of the special passenger delegation abroad.- For dedicated section flights, Vietnamese airlines are responsible for coordinating with relevant agencies and units to adopt effective measures to minimize the risks causing insecurity and safety for dedicated section passengers; not transporting special passengers as prescribed for ensuring aviation security on dedicated section flights.
Circular 25/2022/TT-BGTVT will take effect from December 15, 2022.
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