Decree 110/2010/nd-Cp: Active Management, Hire Purchase Of Aircraft, Engines, Spare Parts, Supplies And Maintenance Service And Repair Of Aircraft, Engines, Spare Parts And Aircraft Supplies

Original Language Title: Nghị định 110/2011/NĐ-CP: Về quản lý hoạt động thuê, mua tàu bay, động cơ, phụ tùng vật tư và dịch vụ bảo dưỡng, sửa chữa tàu bay, động cơ, phụ tùng vật tư tàu bay

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The DECREE on the management of rental activity, buying aircraft, engines, spare parts, supplies and maintenance service and repair of aircraft, engines, spare parts supplies and flying _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on investment of 29 November 2005;
Pursuant to the law of business on November 29, 2005;
Pursuant to the law on tenders of 29 November 2005;
Pursuant to the law of civil aviation Vietnam on June 29, 2006;
Considering the recommendation of the Minister of transport, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the conditions, the authority decision and order the rent, buying aircraft, engines, spare parts supplies and aircraft; maintenance service and repair of aircraft, engines, spare parts supplies and aircraft; materials and spare parts service aircraft for civil purposes with respect to: 1. use the State capital projects from 30% or over to purchase the aircraft, aircraft engine.
2. The works are not established investment projects include: chartering aircraft, engines, spare parts and aircraft supplies buy spare aircraft supplies, materials and spare parts service aircraft maintenance services, ship repair, ship engines, spare parts and materials of Vietnam business aircraft have owned the State capital ratio from 30% or more.
Article 2. The object of this Decree apply apply to organizations, individual Vietnam and foreign countries related to the rental activity, buying aircraft, engines, spare parts supplies and aircraft repair and maintenance services of aircraft, engines, spare parts supplies and flying in the scope defined in article 1 of this Decree.
Article 3. Application of the international treaties, international agreements for programs, capital projects using official development assistance (ODA) hiring, buying aircraft, engines, spare parts supplies and aircraft repair and maintenance services of aircraft engines, spare parts, supplies and aircraft are made on the basis of the content of international treaties to which the Socialist Republic Vietnam is a member or the international agreement that the Agency, the competent organizations of the Socialist Republic of Vietnam has signed.
Article 4. Explanation of terms 1. Aircraft materials including ships, vessel records, documentation, extraction, use and the accompanying documents.
2. the aviation authorities is the agency responsible for aircraft registration, certificate of non availability and monitor the operation of the aircraft. Vietnam's aviation aviation authority of Vietnam.
3. Who provided materials and spare aircraft parts manufacturer supplies aircraft, aircraft manufacturer, the aircraft engine manufacturer, Distributor, supplier of materials and spare parts service aircraft, facilities maintenance, airline.
4. Who provides the service maintenance is the base maintenance aircraft, engines, spare parts and materials, the airlines.
5. Ship bay is the main engine to mount on aircraft created main motivation for flying boats.
6. Spare aircraft materials are the details of the ship, including the engine extra engines, tools and equipment, professional service, maintenance, repair. Catalogue of spare parts supplies and aircraft listed in the documents issued by the manufacturer.
7. service maintenance and repair includes work to restore, sustain (including the management of the entire or partial technical and maintenance directly on the aircraft) aircraft, engines, equipment, supplies and spare parts to ship to fly in eligible status.
8. Form of buying direct is publishing the order directly to a person provided on the basis of their bid.
9. Form touted competition is choosing between the offer on the basis of comparison of the price according to approved criteria.
10. maintenance repair facility is established and operating under the laws of the country where the Organization was founded, is the aviation authority license the practice of technical maintenance aircraft, engines, spare parts supplies and aircraft.
11. spare parts service supplies aircraft operating lease, swap or provide services supplies spare parts package.
12. spare parts supplies and services package is the full supply service includes the provision of spare parts supplies, repair of spare parts supplies, warehouse supplies spare parts and aircraft management program under flying hours.
13. management program under flying hours including maintenance repairs, General Manager applied to engines, spare parts and supplies as possible flying.
Article 5. The principles of operations management, hire purchase of aircraft, engines, spare parts supplies and aircraft maintenance service and repair of aircraft, engines, spare parts supplies and aircraft 1. Ensure compliance with the law of Vietnam civil aviation activities.
2. Ensure the correct implementation of the target fleet development plan, key investments, consistent with the business capabilities, financial ability, the possibility of exploitation, maintenance and repair of the aircraft business.
3. eligibility standards and safe exploitation of aircraft in accordance with the provisions of the Vietnam civil aviation Laws, the texts of the relevant legal and international treaties on civil aviation that the Socialist Republic of Vietnam is a member.
4. Make sure the rent, buy aircraft have used state capital is done effectively, avoid losses and waste.
Article 6. The Authority decided to rent, buying aircraft, engines, spare parts supplies and aircraft repair and maintenance services of aircraft engines, spare parts, supplies and aircraft 1. For the project to buy aircraft engines, aircraft have used the State budget: Minister of transportation investment decisions for the project to buy supplies, spare engine aircraft have used the State budget. Where to buy aircraft, Minister of transportation investment decisions after the comments about the Prime Minister's Government.
2. for the projects to buy aircraft, aircraft engines in the range of adjustments in item 1 article 1, but not using the State budget: Board (Board member) of the business or to the Director General, the Director of the enterprise (in case of no business Board (Board members)) investment decisions. Where to buy aircraft, head of enterprise investment decision after the opinion agrees on the face of the Prime Minister.
3. for the hiring of aircraft, engines, spare parts and aircraft supplies buy spare aircraft supplies, materials and spare parts service aircraft maintenance services, ship repair, ship, ship supplies aircraft spare parts range adjustments in item 2 article 1;
Board (Board member) of the business or to the Director General, the Director of the enterprise in case of no business management board (the Council members) to decide.
4. The Board of Trustees (Board members) are authorized or hierarchy decided the content of his jurisdiction.
Article 7. The requirements for the rental of aircraft have flown the aircraft rental, no crew, who provide spare parts supplies and services, aircraft maintenance and repair 1. People have flown aircraft rental, the rental of aircraft without crew, who provide spare parts supplies and services, aircraft maintenance and repair business is established and legitimate activities according to the provisions of the law of the place where the business is headquartered.
2. In addition to the provisions in clause 1 of this article, the person chartering aircraft, the crew must have the certificate of the vessel exploitation; the service providers maintenance repair ship bay should have qualified certification maintenance repair ship fly by aviation authorities where the business registration and are Vietnam's aviation authorities admit.
Article 8. The requirements for aircraft, engines, spare parts supplies and aircraft 1. The age of the flying boat rent, buy applied according to the provisions in clause 2 article 6 of Decree 76/2007/ND-CP dated 9 May 2007 of the Government on air transport business and general aviation operations.
2. The engines, spare parts and materials must be in the aircraft category due to aircraft manufacturers and aircraft engine manufacturers.
Chapter II article 9 AIRCRAFT RENTAL. The form, the method of choice for contractors chartering aircraft. Form: a) the selection of contractors for chartering planes made by touted competition;
b) where aircraft types need to hire scarce, aircraft hire contractors required to attend the auction, the authorized person of the business determine the bid on the basis of the information on the aircraft and the price on the market.
2. The method: the method of choice for contractors chartering planes through a competitive method is touted a record bag. Aircraft hire contractors filing included the proposed technical and financial proposals at the request of the requested records.
Article 10. Order touted competition 1. Establishment of aircraft rental needs include the following: a) the base plans to hire;
b) identified the need to hire: the number of aircraft, type, time, time, aircraft delivery, rental lease form;
c) plans to exploit: the expected;
d) plan to ensure the capability of exploitation;
extraction efficiency);
e) rental market situation;
g) petitions form select contractors;
The case of leasing aircraft to replace aircraft special duty or requisition for purposes of State, replaced outgoing aircraft maintenance, replacement of aircraft accident, technical problems or sudden been put out of exploitation because of the unforeseen reasons, no rental crew ensure served according to season aircraft rental needs, just stated the contents: demand planning, mining lease, rental market situation.
2. the authorized person of the business invitation form decision touted competition with basic content specified in paragraph 3 of this article according to one of the following forms: a) Posted a message asking about hiring the ship bay widely on the mass media. The notice must be made a minimum of 3 consecutive numbers on a Vietnamese newspaper, 01 number on an English newspaper;
b) inviting offer direct competition to the contractor. The number of bidders are invited to offer competition: minimum 3 contractors.

3. the basic content of the records requests: a) aircraft: type, year of manufacture (for used aircraft need to have information on the number, type, configuration, Chair entertainment devices);
b) form rent;
c) time chartering;
d) Where aircraft registrations in the period;
aircraft rental);
e) overhaul of the Foundation Board;
g) deposits or guarantees;
h) insurance relating to aircraft and the flying harness;
I) time limits the validity of the proposed profile;
k) tax obligations according to the law of Vietnam;
l) The accompanying documents (applicable to second-hand aircraft): the specifications of the aircraft, including the fuselage, engine information; flight deck configuration; the configuration of the seats; standards of the kitchen on board aircraft.
4. Time from announcement touted competition until the release of the records required a minimum of 5 days from the date of posting of the notice first invite competitive offers. Profile preparation time suggestions: a minimum of 5 days from the release of the records requested.
5. the proposed application form: the contractor to attend can send the profile suggested by direct delivery, sent by post, fax or e-mail, but must guarantee signed by the legal representative. For contractors are individuals, organizations, profile Vietnam proposed to have more confirmation. Case records suggest was done by electronic means it shall comply with the provisions of legislation on electronic transactions.
6. The Organization reviews the proposed profile and select a short list of bidders has the aircraft meet the requirements.
7. Conduct negotiations directly with the contractor in the short list and the choice of contractors bidding on the basis of the results of negotiations directly.
Article 11. Evaluation methods proposed for flying boat rental 1. Evaluation methods proposed for aircraft rental is the General result on the basis of the evaluation of the technical, legal, commercial and financial;
a) on legal: review the legal rights with respect to rental of aircraft the aircraft rental and the legal requirements stipulated in article 7 of this Decree;
b) technology: review the meet the requirements of the Charter of the age, condition, aircraft technical specifications, the relevant legal certificates. The proposed profile must be evaluated as satisfactory on new techniques are reviewed the next review;
c) on trade: review of the response of the aircraft configuration rental chairs, kitchen, recreation programs, the ability to switch configurations to meet the requirements of the mining business, aircraft delivery schedule;
d) Finance: reviews of reviews, Fund maintenance, switch configuration, insurance and other costs.
2. The assessment of the results of negotiations also directly follow the norms mentioned above. The contractor is a contractor had bid results reviews best synthesis.
Article 12. Aircraft rental contract 1. Except in the case specified in clause 2 of this, aircraft rental contracts with foreign partners because the Board (Board member), where there is no Board (Board members) is the General Manager, Business Manager, approval is valid only after Vietnam Airlines Director General approved the hiring of aircraft in writing.
The Minister of transport issued circulars approved aircraft rental procedures.
2. for cases of chartering aircraft, the time limit of not more than 7 consecutive days to replace other aircraft special duty or requisition on the purpose of the public service of another State, replacing the aircraft accident, technical issues, not aircraft replacement harness is for reasons of force majeure , business must notify in writing to the Vietnam aviation on the lessor has the certificate of the exploitation of suitable aircraft.
3. With regard to the case of chartering aircraft has flown, aircraft rental contracts are understood to include all mining services lease and/or maintenance of repair of ship, does not depend on the rental contract mining services and/or maintenance of repair of ship bay is a part of the lease aircraft or independent contract , with the same contractor or with other contractors.
Article 13. The provisions on renewal of chartering aircraft. The extension of the validity of the lease only aircraft in effect after Vietnam Airlines Director General approved in writing.
2. The Minister of transport issued circulars approved procedures to extend the validity of the contract of chartering a plane.
Chapter III BOUGHT the SHIP, SHIP BAY section 1 article 14 AIRCRAFT PURCHASE. Investment procedure 1. The preparation, submission, appraisal, approval of investment projects and the implementation of investment projects in aircraft follow the current rules on investment.
2. in special cases the consent of the Prime Minister, the enterprise was allowed to build medium-sized investment project negotiations with aircraft manufacturers.
Article 15. The form, the method of selecting the contractor provides aircraft 1. Form: a) spacious tender form;
b) tender form;
c) specified form bid through direct negotiations.
The specified form bid through direct negotiation to be applied in case the supplier is a manufacturer of flying boats. The application form must be the Prime allows before implementation.
2. Method of selection: the method of choosing the contractor provides aircraft is the method of a bag of records. Contractors include the submission of proposals on technical and financial proposals at the request of the requested records.
Article 16. Order choose the contractor provides aircraft by the specified form bid through direct negotiations 1. Invited to specify the bid: a) the purchase of the aircraft will make buy direct from the aircraft manufacturer. Depending on each type of line or need to purchase aircraft, invitations and request records are sent directly to the manufacturer expected the aircraft type invited specify bid;
b) for cases prescribed in paragraph 2 of article 14 of this Decree, enterprises make purchases directly from aircraft manufacturers without inviting bids and released the records request.
2. the basic content of the records requests: a) aircraft: type of aircraft, engines, aircraft configuration (for used aircraft need to have information on the year of manufacture, number, type of engine, the aircraft configuration);
b) form of purchase;
c) aircraft delivery time;
d) Reviews of ships;
aircraft overhaul Fund) (for flying boats used);
e) deposit;
g) insurance relating to aircraft and flying exploits (for used aircraft);
h) time limits the validity of the proposed profile;
I) The accompanying documents (applicable to second-hand aircraft): the specifications of the aircraft, including the fuselage, engine information; flight deck configuration; the configuration of the seats; standards of the kitchen on board aircraft.
3. resume preparation time suggestions: a minimum of 15 days from the date of the release of the records requested, the contractor is invited to prepare the proposed profile includes suggestions on technical and financial proposal, trade.
4. the proposed application form: the contractor to attend can send the profile suggested by direct delivery, sent by post, fax or e-mail, but must guarantee signed by the legal representative. For contractors are individuals, organizations, profile Vietnam proposed to have more confirmation. Case records suggest was done by electronic means it shall comply with the provisions of legislation on electronic transactions.
5. the party inviting tenders to contractors negotiate contracts, interpret, clarify, modify or supplement the content of the information required by the proposed profile to demonstrate the response of the contractor at the request of the requested records.
6. Browse, appraisal and approval of the results indicated the bid: on the basis of the report indicated the bid results, the evaluation report, the Authority decided to approve the results indicated the bid.
7. Negotiations, finalizing and signing the contract: on the basis of the decision approving the tender specified results, conducted business negotiations, finalizing the contract with the contractor assigned to the contract. The contract is valid only after a competent person approved investment decisions.
The approval procedure results indicated the bid made by bidding.
8. The special case of Prime, businesses are deposits (have returned) to hold the train schedule and other incentives before the establishment of the project or contract to purchase aircraft.
Article 17. Order contractor selection provides the aircraft through the bidding forms extensive, limited bidding sequence, procedure of selecting contractors to provide the aircraft through the tender form and the limited bidding to follow the current rules about bidding.
Article 18. The tender guarantee, guarantee made a contract case apply form specify the bid through direct negotiation, the contractor may submit the tender guarantee and the guarantee contract fulfillment.
Enterprise base on the nature, scale and the specific competence of the contractor to decide whether to allow contractors to submit tender guarantee and the guarantee contract fulfillment.
Article 19. Form of the contract 1. Form packages: contract price does not change throughout the duration of the contract.
2. The form has adjusted the price: the price of the contract is calculated according to the price basis and the formula of sliding price specified in the contract. The base price is fixed throughout the duration of the contract.
Section 2 article 20 AIRCRAFT ENGINE PURCHASED. The form, the method of selecting suppliers ship bay 1. The form, the method of selecting suppliers ship flying a) for investment or chartering aircraft first flying boat and motor boat engine bay reserve comes under project aircraft and aircraft engines of the rent that the buyer is entitled to choose the engine supplier selection is made in the form of competitive sales process the provisions of article 21 of this Decree;
b) to invest or hire more aircraft of the same type: engine aircraft and aircraft engine backup comes in the projects of aircraft and aircraft engines of the rent that the buyer is entitled to choose the engine supplier selection is made in the form specified contractor through negotiation directly according to the procedure specified in article 16 of the Convention This theorem.

c) for this type of flying that aircraft manufacturers specify a type of engine: the engine supplier selection is made in the form specified contractor through negotiation directly according to the procedure specified in article 16 of this Decree;
d) redundant aircraft engine: the engine supplier selection is made in the form of competitive offers or apply this form of direct purchase of motor manufacturers have been selected.
2. The price is accepted by the form sent directly or via post, fax or e-mail but must guarantee signed by the legal representative. For the price of the individual, organization, Vietnam, a bid to have more confirmation. Case a bid is made by electronic means it shall comply with the provisions of legislation on electronic transactions.
3. The business based on the nature, scale and the specific competence of the contractor to decide whether to allow contractors to submit tender guarantee and the guarantee contract fulfillment.
Article 21. The buying process in the form of aircraft engine touted competition 1. The organization offers competition times 1: a) step 1: prepare the request as specified in clause 1 3 of this article.
b) step 2: invited competitive offers.
Authorized person of the business decision every competitive solicitation form according to the forms prescribed in clause 4 of this Article.
c) step 3: profile clarifications.
On the basis of the suggested times profile of the providers of ship engines, businesses held discussions directly with the contractor in order to clarify the proposed profile includes the first account after the sale support according to the requirements stated in the request record times 1, the warranty conditions training, evaluation method of engine options are applied, uniform rules on the one hand by the reviews.
The maximum execution time is 30 days.
2. hold competitive sales times 2: a) to profile the 2nd request with the content as records requires a fixed rule on the support account, the requirement to transport on the same premises and the specifications of the motor on the basis of the proposed profile;
b) send request times 2 for ship suppliers involved in the sales of competing times 1. Time to the contractor prepared the 2nd proposal record a minimum of 10 days;
c) reviews the proposed profile, choose the type of ship and aircraft engine supplier on the basis of the records offer the lowest assessment process approved by the authority.
The maximum execution time is 60 days.
3. the basic content of the required record times of 1: a) provide transactions, liaison;
b) provides information for aircraft engine provider about the type of ship, the number of aircraft, aircraft delivery schedule, the amount of the required engine (the engine mounted on the wings, backup), calendar, assigning the engine, maximum takeoff weight, the average time of each flight, the number of annual trips time to roll, and other relevant parameters;
c) requires engine suppliers provide the information related to the engine as the engine's reliability in exploitation, feature extraction, require maintenance, transportation features.
d) information about support after the sale as training, warranty, technical support specialist, technical documents and other assistance if available; the market situation for this engine type and other information (if any);
DD) requires that providers of motor engine pricing, the price of a backup engine, discount policy;
e) payment method.
4. The form of competition: goods touted a) Posted a message asking about buying aircraft engines on the mass media. The notice must be made a minimum of 3 consecutive numbers on a Vietnamese newspaper, 01 number on an English newspaper;
b) inviting offer direct to the supplier of the motor has to be approved by aircraft manufacturers.
5. Time from announcement touted competition until the release of the records required a minimum of 5 days from the date of the first notice of the posted or submitted the required profile. Profile preparation time suggestions first: a minimum of 10 days from the date of the release of the records requested.
6. the proposed application form: aircraft engine suppliers attend can send the profile suggested by direct delivery, sent by post, fax or e-mail but must guarantee signed by the legal representative. For contractors are individuals, organizations, profile Vietnam proposed to have more confirmation. Case records suggest was done by electronic means it shall comply with the provisions of legislation on electronic transactions.
Article 22. Evaluation method of choosing a provider of ship engine bay 1. Evaluation method of choosing suppliers ship bay is the General result on the basis of the evaluation of the technical, legal, finance and trade: a legal): consider the legal rights of aircraft engines for the seller ship bay and the legal requirements stipulated in article 7 of this Decree;
b): review of the technical requirements of the ship flying on the status, characteristics, specifications and the relevant legal certificates. The proposed profile must be evaluated as satisfactory on new techniques be reviewed reviews.
c) on trade: review of the response of the ship with the requirements of the mining business, schedule delivery of aircraft engines;
d) Finance: reviews of reviews, mining investment costs, insurance and other costs.
2. The assessment of the results of negotiations also directly follow the norms mentioned above. The contractor is a contractor had bid results reviews best synthesis.
Chapter IV BUY SPARE AIRCRAFT MATERIALS Article 23. Classification of spare supplies ship flying under the way stores, spare parts supplies and aircraft are classified as follows: 1. the spare parts and materials supplied by the buyer aircraft: is the list of materials, spare parts are approved aircraft manufacturer or aircraft lessor approves the purchase order provided.
2. Spare parts supplies and aircraft provided by the seller: is the list of supplies and spare parts is determined by the specifications of the aircraft manufacturer and supply aircraft manufacturer.
3. Spare parts supplies to buy aircraft originally the catalogue of spare parts supplies aircraft was established on the basis of the project or an overall approach before putting one type of aircraft into operation or when there are a significant number of adjustment are tap aircraft.
4. Spare parts supplies regular aircraft are flying supplies spare parts for five plans to serve the objective of additional backup level adjustment or service requires maintenance of repair of ship flying in the extraction process, materials and spare parts aircraft purchased under the order form; normal orders, emergency orders, emergency orders.
Article 24. Organizational form choice of suppliers of spare parts supplies aircraft depending on each case, the choice of suppliers of spare parts supplies and aircraft are made according to the following forms: 1. for investment or chartering aircraft first: spare parts and materials supplied by the buyer aircraft spare parts, supplies and aircraft by the seller provided comes in the projects of aircraft and spare parts supplies and ship's Charter which the buyer is entitled to choose, the choice of materials and spare parts vendors ship the flying is done in the form of competitive sales process, the provisions of article 25 and article 26 of this Decree.
2. To invest or hire more aircraft of the same type: spare parts and materials provided by the person who purchased the aircraft, spare parts and materials provided by the person who sold the aircraft comes under the investment project the ship and aircraft supplies and spare parts of aircraft rent that the buyer is entitled to choose, the choice of suppliers of spare supplies aircraft made in the form specified the tender through direct negotiations according to the procedure specified in article 16 of this Decree.
3. for purchase of aircraft supplies spare parts and spare parts supplies regularly: the selection of suppliers of spare parts supplies aircraft made by competitive offers. The case has only one supplier or aircraft supplies spare parts supplier spare supplies aircraft is a manufacturer of aircraft, aircraft engines, spare parts and supplies aircraft have incentive policies on prices and support after the sale, the enterprise was allowed to buy directly from the manufacturer or Distributor are authorized manufacturers.
4. a competitive offers are accepted directly or sent by post, fax or e-mail but must be signed by the legal representative. For contractors is the individual, organization, Vietnam, a touted compete to have more confirmation. Sales records case competition is done by electronic means it shall comply with the provisions of legislation on electronic transactions.
5. With regard to the case of an emergency, the aircraft stopped, the accident directly affects to exploit: the choice of materials and spare parts suppliers on the basis of aircraft have the ability to provide the quickest in the form of direct purchase.
6. The business based on the nature, scale and the specific competence of the contractor to decide whether to allow contractors to submit tender guarantee and the guarantee contract fulfillment.
Article 25. The process of buying spare parts and materials supplied by the buyer aircraft 1. Build the required profile touted competition, the authority to approve and send the request for spare parts and materials suppliers ship bay. The profile requires touted competition is built based on the catalogue of spare parts and materials supplied by the buyer aircraft are aircraft manufacturers approved or approved aircraft rental party delivered to the buyer himself accompanied by the list of suppliers of spare parts supplies and aircraft.
2. Receive, clarify the proposed records and determine the terms of support materials and spare parts vendors ship: a) determine the terms of after sales support such as training, equipment and tools for mining-service maintenance, warranty, other support items. Fixed the account support to ask vendors bid for the last time as a basis for bringing about the same side by comparison;

b) confirm with the supplier of spare parts supplies and aircraft to notify the manufacturer of the aircraft fixed support, policies, equipment requirements of the buyer and the binding conditions when performing the contract.
3. overall assessment, selection of equipment and supplies and accessories provider aircraft on the basis of a last bid after fixed the conditions of support and credit support. Overall rating includes the assessment of price, shipping charges, delivery charges, Commission fees (if any), delivery time, payment conditions, the ability to provide, the following help sell, transactions during provision and other factors.
4. The approval authority results option.
5. release notification messages for aircraft manufacturers about the result of selection and implementation.
Article 26. The process of buying spare aircraft supplies by the seller provided 1. List building supplies and spare aircraft, the authority to approve and submit requests for supplies and accessories provider aircraft. Catalogue of spare parts supplies and aircraft to be built based on the manufacturer's notification of aircraft spare parts catalog supplies by aircraft manufacturers aircraft provided the list of suppliers of spare parts supplies and aircraft.
2. Receive information of our suppliers ship supplies spare parts, identify and clarify the terms of the support materials and spare parts vendors ship: a) determine the terms of after sales support such as training, warranty, other grants;
b) notice and confirm with the provider of the material parts of the aircraft fixed support, policy and equipment requirements.
3. Reviews, choose the type of ship and aircraft supplies spare parts supplier spare parts supplies and aircraft on the basis of the support, the authority to approve the selection results.
4. Inform the aircraft manufacturer list of suppliers of spare supplies of selected aircraft.
Article 27. The process of buying spare parts supplies and initial aircraft 1. Determine the parameters and data exploitation needed as the basis for building the list as recommended by the manufacturer of aircraft and engine manufacturers, the approval authority is then provided to aircraft manufacturers and engine manufacturers.
2. Choice, grade has the authority to approve the list of spare supplies aircraft on the basis of the recommended portfolios need to buy ship makers of aircraft and engine manufacturers, the real possibility, the financial balance.
3. Select supplies and accessories provider of aircraft in the form of competitive offers. The case has only one supplier or aircraft supplies spare parts supplier spare supplies aircraft is a manufacturer of aircraft, aircraft engines, spare parts and supplies aircraft have incentive policies on prices and support after the sale, the enterprise was allowed to buy directly from the manufacturer or Distributor are authorized manufacturers.
4. Process the competent approval offers and suppliers of spare parts supplies and aircraft.
5. the orders issued and implemented.
Article 28. The process of buying spare aircraft regularly supplies 1. Define code of ship supplies spare parts, supplies and spare parts number of aircraft on the basis of requirements in the extraction process, inventory levels and additional repair and maintenance according to the technical documentation of the manufacturer.
2. Selection of suppliers of spare parts supplies and aircraft in the form of direct purchase or competition.
3. The approval of the order according to the hierarchy.
4. the orders issued and implemented.
Article 29. The selection process of suppliers of materials and spare parts service package 1. Based on the type of ship, the number of codes, aircraft engines, aircraft configuration, build the required profile touted competition, the authority to approve and send to the supplier.
2. Identify the account support such as training, technical report, grants the other, the policies for spare parts supplies and aircraft. Fixed the terms of this support to take on the same side by comparison. Dealing with contractors to clarify a salute.
3. the overall assessment, the authority to approve the selection results.
4. The organization of negotiations, the process of approving and signing the contract.
Chapter V MAINTENANCE RENTAL BOAT REPAIR, BOAT ENGINES, SPARE PARTS and MATERIALS article 30 AIRCRAFT. Organizational form choice of base maintenance of aircraft and engine repair ship bay 1. The selection of suppliers of maintenance of repair of ship engines and flying aircraft are made in the form of competitive sales process, the provisions of article 31 of this Decree, or in the form specified contractor through negotiation directly according to the procedure specified in article 16 of this Decree.
The case has at least 3 more maintaining repair facility shall adopt the form of negotiating directly with the base maintenance and repair it.
2. The selection of suppliers for programs manage maintenance repair ship flying under flying hours is done by a competitive process, touted the provisions of article 31 of this decree or specify the bid through negotiations directly with the manufacturer of engine as aircraft manufacturers, according to the procedure specified in article 16 of this Decree.
Special cases such as technical malfunctions or accidents, can apply for direct purchase forms to request maintenance service provider for repair in the fastest time.
3. Form of application suggestions: maintenance service provider for repair to attend can send the profile suggested by direct delivery, sent by post, fax or e-mail but must be signed by the legal representative. For contractors are individuals, organizations, profile Vietnam proposed to have more confirmation. The proposed profile case made by electronic means it shall comply with the provisions of legislation on electronic transactions.
4. enterprises base on the nature, scale and the specific competence of the contractor to decide whether to allow contractors to submit tender guarantee and the guarantee contract fulfillment.
Article 31. The process of selection of base maintenance and repair of aircraft and aircraft engines 1. Based on the type of ship, the ship's profile, build the required profile touted the competition authority approval and send it to the service providers maintenance repair ship bay.
2. Reviews the proposed standard profile reviews.
3. The authority to approve the results. Organization of negotiations, the process of approving and signing the contract.
4. after signing the contract, the business is responsible for the Vietnam aviation reports information relating to the contract: name, nationality, legal personality of home maintenance, responsibilities, and powers of each of the parties, the date of signing and the contract expiration date. The business case does not report the Vietnam aviation about the information relating to the contract will be sanctioned according to Decree 88/2007/ND-CP on 1st June 2007 by the Government on sanctioning administrative violations in the field of civil aviation.
Article 32. The process of selection of base organization and maintenance repairs spare parts supplies and aircraft 1. For spare parts supplies aircraft contract frame: a) grounded ship supplies spare parts list, select the list, signed the contract with the base frame maintenance repairs spare aircraft materials;
b) repair when required, based on the content of the specific work needed repairs to the choice of base maintenance of aircraft supplies spare parts list repair maintenance facility has signed framework contracts. The selection is based on the cost of repair and the repair turnaround time;
c) repair orders issued.
2. for aircraft supplies spare no contract so frame repair orders directly to the manufacturers of spare parts supplies and aircraft.
Article 33. Rent, swap the motor ship, flying supplies spare parts 1. Based on the requirements of the production and business activities, business choice form of rent, swap the motor ship, aircraft spare parts supplies from approved partners.
2. The selection of rental partners, swap the motor ship, flying supplies spare parts to be made in the form of competitive offers or buy directly from the manufacturer.
3. The business based on the nature, scale and the specific competence of the contractor to decide whether to allow contractors to submit tender guarantee and the guarantee contract fulfillment.
Chapter VI Article 34 ENFORCEMENT TERMS. Effective enforcement of this Decree in effect enforced since January 2, 2012.
Article 35. Implementation 1. The Department of transportation is responsible for implementing this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies and organizations, the individual concerned is responsible for the implementation of this Decree.