Circular 33/2010/tt-Bgtvt: Regulation On Operational Safety

Original Language Title: Thông tư 53/2011/TT-BGTVT: Quy định về an toàn hoạt động bay

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CIRCULAR active safety rules on the fly _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base law of Vietnam civil aviation on June 29, 2006;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 94/2007/ND-CP dated 4 June 2007 by the Government on the management of flight operations;
The Minister of transportation rules about safe flight operations is as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates the management of active safety, preventive measures and enhance safety, the responsibility of organizations and individuals in the management of safe flight operations in Vietnam.
2. This circular apply to organizations and individuals related to flight operations in Vietnam.
Article 2. The Convention stands In this circular, the abbreviations below are interpreted as follows: 1. ANS (Air Navigation Services): services for operational aircraft;
2. HKDD: civil aviation;
3. the ICAO (International Civil Aviation Organization): HKDD international organizations;
4. the SMS (Safety Management System): System security management.
Article 3. Explain the term In this circular, the terms below are interpreted as follows: 1. "safe" status that is likely to cause harm to people or property damage are minimized and maintained at or below the acceptable level through continuous process that identifies hazards and risk management;
2. "operational assurance services (ANS)" service is necessary to ensure a safe, automatic and efficient for flight operations, including air traffic services; information services, navigation, monitoring; meteorological services; News notification service; service search, rescue;
3. "safety management system (SMS) of the business provided ANS" is an approach to the system of management, including the policies and objectives, organizational structure and accountability, the implementation modalities to ensure the safety of flight operations in the scope of the business;
4. "danger" is the condition, object, or activity likely to cause injury to persons, damage to equipment or structures, loss of material, or reduction of ability to perform specified functions;
5. "the level of safety acceptable" is the minimum level of safety must be guaranteed by a system of practical activities;
6. "safety objectives" defined by the review of the level of implementation of the desired and actual safety for business provides ANS fit safety management system of the enterprise;
7. "safety risk" is likely to occur as a result of a danger was anticipated for the worst situations;
8. "safety requirements" means the requirements needed to achieve safety indicators and goals accomplished, including exploit method; technology, systems engineering, equipment for operational flying.
Chapter II OPERATIONAL SAFETY MANAGEMENT article 4. The contents of safe flight operations management 1. Build, modify text regulations, additional guidance on operational safety.
2. Set the system operational safety management system safety supervisor of flying operations of the Vietnam Aviation Enterprise and SMS provide ANS. 3. Set reporting system operational safety.
4. Inspect, supervise the provision of ANS and made the flight.
5. Manage risks by identifying, assessing the hazards, risks causing loss of safety; propose and implement measures to prevent risks and prevention of hazards.
6. check, reviews about SMS of enterprises provide ANS; safety monitoring; the collection, analysis and exchange of safety data.
7. Investigate, analyze and evaluate issues in the field of flight operations and safety conditions.
8. Strengthen the safety measures by reasonable deployment of resources for activities on safety; strengthening training, the exchange of information on safety.
9. safety culture construction and dissemination, dissemination of safety.
Article 5. Process safety management flight operations 1. Collect the data.
2. Data analysis.
3. Priority handling unsafe conditions.
4. Build, implement the policy, the strategy of safety.
5. Responsibilities of the Vietnam aviation businesses provide ANS. 6. Evaluate and reassess the situation, incident.
7. additional data collection.
Article 6. Enterprise SMS provides ANS 1. Business ANS set and maintain the SMS implementation under the guidance, supervision of the Vietnam aviation accord with this circular and the regulations of the ICAO guidelines.
2. The components of this system include: a) the policy and objectives including the responsibility and commitment of management; explanation of safety; appoint officers, key employees on safety; coordinate the implementation of an emergency response plan at risk, the SMS documentation;
b) safety risk management includes the identification of the hazards, assess and mitigate risks;
c) safety includes the safety report, track and identify the implementation, change management, continuous improvement SMS;
d) promote safety including training and training, exchange of information on safety.
Article 7. The SMS documentation 1. The SMS documentation includes the following: a) General section include the decision issued, recorded tuning, table of contents, preface, glossary and abbreviations;
b) scope of the SMS;
c) policy and safety objectives;
d) safety responsibilities;
DD) Organization of SMS;
e) process control documents;
g) coordinating emergency response planning at risk;
h) the diagrams identify hazards and manage risks;
I) ensure safe;
k) track made safe;
l) checking the safety monitoring;
m) management of change;
n) promoting safe work;
o) related activities.
2. The business offers ANS held the civil aviation construction, Vietnam approved and implemented the SMS documentation.
3. Vietnam aviation is responsible for guidance, approval and check the implementation of the SMS documentation.
Article 8. The SMS documentation approval procedure 1. Business ANS must send 1 record directly or by post to the Vietnam aviation.
2. The records suggest the first SMS documentation approval include: a) recommended approval of the text of the SMS documentation according to the form prescribed in annex 1 attached herewith;
b) draft documents SMS.
3. The records suggest the modified approval, additional SMS documentation includes: a) text recommended approval of the amendment and supplement of the SMS documentation according to the form prescribed in annex 1 attached herewith;
b) document amendments, supplements the SMS documentation;
c) SMS documents were approved.
4. Since the date of the record within the time limit of 30 days for approval first and 10 days for approval of the amendment, addition, air Vietnam Bureau is responsible for the evaluation of records, made the inspection, evaluation and approval decisions, approval of the amendments and supplements to the SMS documentation for business offers Vietnam aviation ans. check the adequacy under the rules of the record within 10 working days from the date of receiving the records. If the records are incomplete as a rule, Vietnam aviation announced directly or in writing for business provides ANS approval time and know to be counted from when the full records as prescribed.
Case records are accepted, within a period of 10 days for first approval and 5 days for approval of the amendment, addition, air Vietnam Bureau held a meeting with appraisal organizations, related business. Based on the evaluation results, the Vietnam aviation first approval decisions or approving modifications, additional documents of SMS for business provides ANS. During testing and reviews, profile Vietnam aviation business requirements can provide the information or documents in order to clarify the issues involved.
Article 9. Check the safety monitoring, flight operations 1. The range check, including monitoring compliance with the provisions of the law of Vietnam and HKDD legal texts, rules, instructions and methods; standards, recommended practices of ICAO with respect to agencies, organizations related to the field of activities and the implementation of SMS enterprises provide ANS. 2. Periodic monitoring, inspection and safety supervisor by the ANS made.
3. content check, monitoring include: a) the Organization, using the Sun;
b) licensed to fly and perform civil aircraft;
c) flight plan including the establishment, implementation and hosting plans to fly daily, season and air traffic flight plan;
d) prepared before your flight, flight and after flight;
DD) offers mining organizations include ANS basis to provide services and the quality of provided services;
e) system for operational equipment;
g) system business documents;
h) coaching staff;
I) employee license: license to exploit the system, technical equipment; license extraction facilities provided ANS;
k) reporting system and SMS;
l) inspection, investigation and prevention of incidents in the area of flight operations;
m) obstacles and the other safety management activities are concerned.
4. Vietnam aviation service manual issued more detailed instructions check process, the supervisor for monitoring safe flight operations.
Article 10. Safety supervisor of flying activities 1. Active safety supervisor of officials and experts of the Vietnam aviation and port service; Vietnam Airlines Director General be appointed; have the authority to perform functional testing, monitoring the safety of flight operations. Field testing, surveillance was clearly in the safe monitoring Card activity, including the following specific fields: a) aircraft operations (AN);
b) air traffic management (ATM);
c) information, navigation, surveillance (CNS) HKDD;
d) aviation meteorological (MET);
DD) aviation news notification (AIS);
e) search and rescue (SAR) HKDD,;
g) flight modes (PANS-OPS).
2. safety supervisor of flying operations must meet the requirements of the qualifications, the experience is as follows:

a minimum of 5 years) have a responsibility in the location of the work in the field was given the supervision consists organized, use the Sun; licensed to fly; flight plans; do not save; information, guidance, monitoring; Aviation meteorology; News message; Search, rescue; method of flight, flight rules;
b) receive training on the policy, monitoring, inspection, approval of flight operations in the field; certification training courses, training on safe flight operations at the base training, coaching was recognized by Vietnam aviation or qualifying certification training, training;
c) English proficiency (reading, comprehension, speaking and listening);
d) have knowledge of Vietnam HKDD Law, the regulation of safety guidelines, investigating issues in field operations;
DD) Has the capacity and experience in the construction materials, process; make check, monitoring provides ANS. 3. Safety supervisor of flying operations have the following powers and responsibilities: a) conducted the operation check the safe monitoring, flight operations according to the content of the provisions in paragraph 3 article 9 of this circular;
b) approach and examine any system for operational equipment, the base provided aircraft licensing agency ANS, HKDD; operational zones in airports, airports; the area has no static operations HKDD;
c) request any officers, employees of establishments providing ANS, the driver put out the document, evidence relevant to the issue of aviation safety or loss of service for joint investigation of incidents violating; inspection, monitoring of operational safety;
d) examine and copy the licence, certificate, technical logs, documents or records related to operations management, ANS under the provisions of this circular.
4. When implementing the powers specified in paragraph 3 of this article, the safety supervisor of flying activity has the right to petition the Bureau of Vietnam aviation head considering the suspension of flights and the suspension of the operation of technical systems, staff, equipment, facilities providing relevant to prevent ANS , to prevent the possibility of safe flying menace.
5. safety supervisor flight operations when performing the task must wear a monitoring tag and must take responsibility for their activities. Vietnam aviation supervisor card safe flight operations supervisor for the operational safety of the Vietnam aviation. Sample supervisor card operational safety provisions in Appendix 2 attached to this circular. This card has a validity period of 10 years from the date of signing. The supervisor card safely recovered the card activity in the following circumstances: a) no longer meets the requirements outlined in paragraph 2 of this Article;
b) Not arranged to continue the task of monitoring the safety of flight operations;
c) violation of the provisions of the law on the safety of flight operations management.
Chapter III MEASURES TO PREVENT and ENHANCE the SAFE FLIGHT OPERATIONS article 11. Preventive measures 1. In the event of breach or no longer meet the standards and regulations; licensing conditions of staff, mining license and equipment system base offers ANS, allowed, certificate, allowing text or other documents issued or issued by the Bureau of Vietnam Airlines, Vietnam Airlines Director General can adopt the following measures : a) asked to suspend flights to prevent the menace of flight safety;
b) suspension, suspension of the license term, certificate, permit or other text other text;
c) revoke the licence, certificate, permit or other related documents;
d) to change the content, the scope of activities of the licence, certificate, permit or other text other text;
DD) re-examined to sublicense, license certificate, allowing text or other text-related.
2. The application of preventive measures as prescribed in paragraph 1 of this article must be established, in which the text stating the nature and extent of the acts dealt with; the recommended process, fix or verify for violations, of the measures already applied handle.
3. The person who dealt with may complain about the decision to apply preventive measures according to the provisions of the law on complaints and denunciation.
Article 12. Measures to enhance the safety of flying Vietnam aviation operations apply enhanced measures for the following: 1. the common organization, printing the documents operational safety guidelines for organizations and individuals involved;
2. Printing, dissemination by the proper form of the experience, relevant lessons in the world and in Vietnam for organizations and individuals directly related to the activity;
3. Implementation, monitoring the results of the safety recommendations of the aircraft accident investigation, the incident in the area of flight operations;
4. To sum up, reviews and analysis of annual recurring work performed flight operations safety management; the Organization overcome these limitations, recommendations related to improving the work safety management and SMS;
5. Organization of training, training on safe flight operations.
Chapter IV RESPONSIBILITIES of ORGANIZATIONS and INDIVIDUALS in FLIGHT OPERATIONS SAFETY MANAGEMENT article 13. The responsibility of the Vietnam civil aviation aviation Vietnam's aviation authorities perform functions operation safety management, is responsible for implementation of the content referred to in article 4 of this circular and periodically report 06-the Ministry of transport.
Article 14. Responsibility of enterprises provide ANS 1. In compliance with the regulations and documentation about safe flight operations.
2. Construction, the Vietnam aviation SMS document approval and implemented after the document was approved.
3. Establish, maintain the SMS implementation consistent with this circular, the regulations of the ICAO guidelines and actual mining conditions.
4. Perform the check and take responsibility for safe flight operations in the scope of the business.
5. The report, involved the investigation of incidents in the area of flight operations.
6. Executive and create favorable conditions for the inspection, operational safety monitoring.
Article 15. The responsibilities of the organizations and individuals related to flight operations 1. In compliance with the provisions of and documentation on operational safety;
2. Collect and announce the Vietnam aviation related organisations, the news could affect the safety of flight operations.
3. Propose to the Vietnam aviation related organizations, measures to prevent and enhance the safe flight operations.
Chapter V article 16 ENFORCEMENT TERMS. Implementation: 1. Vietnam Aviation Bureau is responsible for implementing this circular, content updates, new flight operations safety related.
2. Synthesis and Transport Ministry report these issues arise, the obstacles in the implementation process to research, timely resolution.
Article 17. The effect and enforcement responsibilities 1. This circular effect after 45 days from the date of signing.
2. Attached to this circular 2 appendices: Appendix 1 a): recommended approval form documents safety management (SMS);
b) Appendix 2: sample safety monitoring card activity.
3. Office of the Chief Justice, the Chief Justice Inspector, Director of the Service, Vietnam Airlines Director General, heads of agencies, organizations and individuals concerned is responsible for the implementation of this circular.