Article 23. Classification of aircraft spare parts and supplies
By method of procurement, aircraft spare parts and supplies may be classified as follows:
1. Aircraft spare parts and supplies supplied by purchasers themselves: Lists of aircraft spare parts and supplies approved by aircraft manufacturers or aircraft lessors that agree to let purchasers supply.
2. Aircraft spare parts and supplies supplied by sellers: Lists of aircraft spare parts and supplies identified according to technical standards of aircraft manufacturers and supplied by aircraft manufacturers.
3. Initially purchased aircraft spare parts and supplies: Lists of aircraft spare parts and supplies drawn up on the basis of projects or a general plan before a type of aircraft is put into operation or upon a substantial adjustment of the number of aircraft in operation.
4. Regular aircraft spare parts and supplies arc those available in a plan year to serve the additional adjustment of the reserve level or meet the requirements of aircraft maintenance and repair in the course of operation, and those purchased under different types of orders: normal orders, latently urgent orders, urgent orders.
Article 24. Forms of selection of aircraft spare part and supplies suppliers
On a case-by-case basis, the selection of aircraft spare part and supplies suppliers may be conducted in any of the following forms:
1. For first-time aircraft investment or lease: For aircraft spare parts and supplies supplied by purchasers, those supplied by sellers accompanying aircraft investment projects and those of leased aircraft which purchasers are entitled to select, the selection of aircraft spare part and supplies suppliers shall be conducted in the form of competitive bidding according to the procedures specified in Articles 25 and 26 of this Decree.
2. For investment in or lease of additional aircraft of the same type: For aircraft spare parts and supplies supplied by purchasers, those supplied by sellers accompanying aircraft investment projects and those of leased aircraft which purchasers are entitled to select, the selection of aircraft spare part and supplies suppliers shall be conducted in the form of contractor appointment through direct negotiations according to the procedures specified in Articles 16 and 26 of this Decree.
3. For initially purchased and regular aircraft spare parts and supplies: The selection of aircraft spare part and supplies suppliers shall be conducted in the form of competitive bidding. In case there is only one aircraft spare part and supplies supplier or the aircraft spare part and supplies supplier is an aircraft, aircraft engine or spare part and supplies manufacturer providing price discounts and post-sale assistances, enterprises may purchase aircraft spare parts and supplies directly from such manufacturer or distributors authorized by such manufacturer.
4. Competitive bids sent directly or by post or via fax or e-mail may be accepted provided they contain signatures of at-law representatives of bidders. Competitive bids of Vietnamese bidders must contain also certification seals.
Competitive bid dossiers made in the electronic form must comply with the law on e-transactions.
5. In emergency cases, cases in which aircraft flights are suspended or aircraft have accidents which directly affect the operation of aircraft: Aircraft spare part and supplies suppliers shall be selected on the basis of plans that enable the quickest supply of aircraft spare parts and supplies in the form of direct purchase.
6. Enterprises shall base themselves on the characteristics, size and capacity of specific bidders to decide whether to exempt these bidders from paying bid and contract performance guarantees.
Article 25. Procedures for purchase of aircraft spare parts and supplies supplied by purchasers
1. Elaborating a requirement dossier for competitive bidding, then submitting it to a competent authority for approval and sending it to aircraft spare part and supplies suppliers. Such dossier shall be elaborated on the basis of the list of aircraft spare parts and supplies provided by the purchaser and approved by the aircraft manufacturer or by the aircraft lessor that agrees to let the purchaser supply, and enclosed with a list of aircraft spare part and supplies suppliers.
2. Receiving and clarifying proposal dossiers and identifying assistances of aircraft spare part and supplies suppliers:
a/ Identifying post-sale assistances like training, provision of equipment and tools for operation and maintenance, warranty and other assistances. Fixing these assistances so as to request suppliers to make their last bids before being compared on the same plane;
b/ Giving certification to aircraft spare part and supplies suppliers and notifying the aircraft manufacturer of the fixed assistances, policies and requirements on equipment of the purchaser and binding conditions for contract performance.
3. Making an overall evaluation and selecting equipment and aircraft spare part and supplies suppliers based on their last bids after fixing the assistances and credit supports. Overall evaluation covers evaluation of bids, transport freight, forwarding charges, entrustment charge (if any), time of delivery, payment conditions, supply capacity, post-sale assistances, transactions in the course of supply and other arising factors.
4. Submitting selection results to a competent authority for approval.
5. Issuing a notice of selection results to the aircraft manufacturer, and organizing implementation.
Article 26. Procedures for purchase of aircraft spare parts and supplies supplied by sellers
1. Elaborating a list of aircraft spare parts and supplies, then submitting it to a competent authority for approval, and sending requirements to aircraft spare part and supplies suppliers. Such list shall be elaborated on the basis of a list of aircraft spare parts and supplies supplied by the aircraft manufacturer notified by this manufacturer and enclosed with a list of aircraft spare part and supplies suppliers.
2. Receiving information from aircraft spare part and supplies suppliers, identifying and clarifying assistances of these suppliers:
a/ Identifying post-sale assistances like training, warranty and other assistances;
b/ Notifying and certifying fixed assistances, policies and requirements on equipment to aircraft spare part and supplies suppliers.
3. Evaluating and selecting types and suppliers of aircraft spare parts and supplies based on assistances, then submitting selection results to a competent authority for approval.
4. Notifying a list of selected aircraft spare part and supplies suppliers to the aircraft manufacturer.
Article 27. Procedures for purchase of initial aircraft spare parts and supplies
1. Identifying necessary operation parameters and data to serve as a basis for the elaboration of a list of aircraft spare parts and supplies as recommended by the aircraft and aircraft engine manufacturers, then submitting such list to a competent authority for approval, and providing it to the aircraft and aircraft engine manufacturers.
2. Selecting and submitting to a competent authority for approval a list of aircraft spare parts and supplies on the basis of the list recommended by the aircraft and aircraft engine manufacturers for purchase, practical capability and financial balance.
3. Selecting aircraft spare parts and supplies suppliers in the form of competitive bidding. In case there is only one aircraft spare part and supplies supplier or the aircraft spare part and supplies supplier is an aircraft, aircraft engine or spare part and supplies manufacturer providing price discounts and post-sale assistances, enterprises may purchase aircraft spare parts and supplies directly from such manufacturer or distributors authorized by such manufacturer.
4. Submitting to competent authorities for approval an aircraft spare part and supplies supply plan and their supplier.
5. Placing orders and organizing implementation.
Article 28. Procedures for purchase of regular aircraft spare parts and supplies
1. Identifying codes and quantities of aircraft spare parts and supplies based on requirements arising in the course of operation, storage addition, maintenance and repair and according to technical documents of the manufacturer.
2. Selecting aircraft spare parts and supplies suppliers in the form of direct purchase or competitive bidding.
3. Submitting for approval orders to be placed according to authority decentralization.
4. Placing orders and organizing implementation.
Article 29. Procedures for selection of package spare part and supplies service providers
1. Compiling a requirement dossier for competitive bidding based on the type and identification number of aircraft, type of engine and configuration of aircraft, then submitting it to a competent authority for approval, and sending requirements to service providers.
2. Identifying assistances like training, technical notification and other assistances and policies on aircraft spare parts and supplies. Fixing these assistances for comparison on the same plane. Contacting bidders to clarify their bids.
3. Making an overall evaluation and submitting selection results to a competent authority for approval.
4. Organizing contract negotiations, submitting for approval and signing contracts.
Tìm kiếm
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 (Bản Word)