Vietnam: Responsibilities of state management of civil aviation

The Law on Vietnam Civil Aviation amended in 2014 was promulgated on November 21, 2014, amending and supplementing a Number of Articles of Vietnam Civil Aviation Law 2006, in particular, amendments on responsibilities of state management of civil aviation.

Specifically, according to Clause 3 Article 1 of the Law on Vietnam Civil Aviation amended in 2014 supplementing Clause 2a following Clause 2 of Article 9 of Law on Vietnam Civil Aviation 2006, responsibilities of state management of civil aviation are specified as follows:

- The Government shall perform the uniform state management of civil aviation.

- The Ministry of Transport shall be responsible to the Government for performing the state management of civil aviation.

- The body performing the specialized state management of civil aviation under the Ministry of Transport is the Aviation Authority.

The Aviation Authority has the following tasks and powers:

+ To issue instructions and clearances; to take emergency measures, including stopping flights and operation of aviation vehicles, equipment and employees, to ensure aviation security and safety and maintain synchronous operation of the air carriage chain;

+ To supervise the operation and maintenance of aircraft and aviation infrastructure, and ensure air navigation activities, air carriage operation, provision of aviation services and non-aviation services; to grant, approve or recognize licenses, certificates, ratings, and specialized civil aviation operation documents;

+ To organize, operate and direct systems for aviation security and safety surveillance and management, aviation search and rescue and airport emergencies; to organize and direct the handling, investigation into and verification of circumstances threatening aviation safety and security, aviation incidents and accidents, and the performance of special flights;

+ To appoint supervisors in charge of assurance of aviation safety and security and quality of aviation services up to standards set by the Minister of Transport;

+ To summarize, analyze and assess reports on aircraft incidents and accidents; to inspect and supervise the remediation of aircraft incidents and accidents and take measures to prevent aircraft incidents and accidents; to investigate aircraft incidents and accidents;

+ To issue or recognize for application specialized civil aviation processes and standards;

+ To announce and distribute in the country and abroad information and notices related to civil aviation activities;

+ To conduct specialized civil aviation inspection.

- The Ministry of Defense shall manage and protect the Vietnamese airspace; supervise civil flight operations; and coordinate with the Ministry of Transport in organizing and using the airspace in service of civil aviation activities.

- Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, coordinate with the Ministry of Transport in performing the state management of civil aviation according to the Government's regulations.

- People's Committees at all levels shall, within the scope of their respective tasks and powers, perform the state management of civil aviation in localities.

View more: Law on Vietnam Civil Aviation amended in 2014 effective from July 01, 2015, amending the Law on Vietnam Civil Aviation 2006.

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