Nghị định 25/2000/NĐ-CP quản lý hoạt động bay dân dụng Việt Nam

DECREE

ON THE MANAGEMENT OF CIVIL FLIGHT ACTIVITIES IN VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the December 26, 1991 Civil Aviation Law of Vietnam; and the April 20, 1995 Law Amending and Supplementing A Number of Articles of the Civil Aviation Law of Vietnam;
At the proposal of the Director of the Civil Aviation Administration of Vietnam,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree shall apply to:

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2. Civil flight activities of Vietnamese aircraft and foreign aircraft in flight information regions managed by Vietnam;

3. Other flight activities specified herein.

Article 2.- All civil flight activities in Vietnam shall be conducted on the basis of respecting the principle of absolute and exclusive sovereignty over the airspace above the territory of the Socialist Republic of Vietnam and only when flight permits are granted by the Vietnamese competent agency(ies).

Article 3.- In this Decree, the following terms and expressions shall be construed as follows:

1. "Civil flight activities" are flights to, flights from, flights over and flights within the Vietnamese territory, including:

a/ Flights of civil aircraft;

b/ Flights of public-duty aircraft for civil purposes or for operations within areas controlled by the civil aviation administration;

c/ Special flights.

2. "Aircraft" include airplanes, gliders, balloons and other similar flying equipment, which are capable of hanging and moving in the atmosphere thanks to their interaction with the air;

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4. "Public-duty aircraft" are aircraft owned by the armed forces, the customs and other State agencies, and used exclusively for public-duty purposes;

5. "Control areas of the civil aviation administration" include air routes specified in Clause 1, Article 46 of the Civil Aviation Law of Vietnam and other areas specified in the airports’ flight regulations;

6. "International flights" are flights over the territories of two or more nations, including regular flights and irregular flights. A regular flight is a commercial flight that provides public services and is conducted according to the announced flight schedule or regularly in a systematic manner. An irregular flight is a flight other than a regular one;

7. "Military flights" are flights conducted by public-duty aircraft or civil aircraft for military purposes or of military character;

8. "Special flights" are flights made by Vietnam or foreign countries for totally exclusive purposes or exclusive-cum-commercial transport purpose and are certified or notified by the competent agencies according to the regulations on special flight services;

9. "Emergency circumstances" are circumstances when flying aircraft face technical breakdown or bad weather conditions or the flights’ safety and security are jeopardized to the extent that the flight plans must be partially altered in order to ensure the flights’ safety;

10. "Flight permits" are written documents or signals granted or given by the competent agency(ies), permitting aircraft to conduct flying activities and consisting of the conditions and limits of permitted flying activities.

Chapter II

GRANTING AND MANAGEMENT OF FLIGHT PERMITS

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1. The Ministry for Foreign Affairs shall grant permits for foreign special flights carrying guests invited by the Party, the National Assembly, the State, the Government and the Minister for Foreign Affairs of the Socialist Republic of Vietnam and flights tasked to escort or to make advance arrangement for such special flights to effect their civil flight activities in Vietnam.

2. The Ministry for Foreign Affairs shall have to notify the Ministry of Defense and the Civil Aviation Administration of Vietnam of the granted flight permits in order to ensure the close coordination in managing the implementation of flight permits.

Article 5.-

1. The Ministry of Defense shall grant flight permits to Vietnamese or foreign military flights involved in civil flight activities in Vietnam.

2. The Ministry of Defense shall have to notify the Civil Aviation Administration of Vietnam of the granted flight permits for implementation and coordination in managing and administering such flights.

Article 6.-

1. The Civil Aviation Administration of Vietnam shall grant flight permits to flights engaged in the following civil flight activities in Vietnam:

a/ Flights of Vietnamese and foreign civil aircraft for civil purposes;

b/ Vietnams special flights; flights escorting or making advance arrangement for such special flights;

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d/ Flights of Vietnamese and foreign public-duty aircraft falling beyond the scope defined in Articles 4 and 5 of this Decree.

2. The Civil Aviation Administration of Vietnam shall have to effect the granted flight permits according to provisions of Clause 1 of this Article and Articles 4 and 5 of this Decree toward the concerned agencies and units for managing and administering permitted flights; supervising and inspecting the implementation of flight permits.

Article 7.-

1. Basing itself on the operation characteristics of various types of flights specified at Point a, Clause 1, Article 6 of this Decree, the Civil Aviation Administration of Vietnam shall prescribe the procedures and order for implementing the granted flight permits.

2. The Director of the Civil Aviation Administration of Vietnam may authorize the attached units to grant permits when emergency circumstances require an immediate intervention or prompt provision of flight control services.

3. The Civil Aviation Administration of Vietnam shall prescribe the procedures for receiving flight notices and managing, controlling and administering flights over the flight information regions assigned by the International Civil Aviation Organization (ICAO) to Vietnam for management.

Article 8.-

1. The following flights shall be granted permits only when the Ministry of Defense’s consent is obtained:

a/ Flights of civil aircraft and public-duty aircraft for civil purposes or for operation within the control areas of the civil aviation administration, landing and/or take-off at airports, airfields other than civil airports or airfields;

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c/ Training and demonstration flights;

d/ Flights conducted in restricted areas and no-flight zones, dangerous zones;

e/ Flights for film shooting or photo taking purposes;

f/ Helicopter flights;

g/ Low flights;

h/ Flights conducted outside air routes;

i/ Flights of foreign public-duty aircraft;

j/ Foreign medical flights;

k/ International civil flights that make their landings and/or take-offs at the domestic civil airports and/or airfields.

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Article 9.-

1. The granting of flight permits to regular international flights shall be made on the basis and in conformity with the conditions set in the relevant aviation treaties and/or agreements signed between Vietnam and foreign countries and the provisions of Vietnamese law.

2. For the granting of flight permits to irregular international flights, the factors of commerciality, aviation safety, security, national defense and relevant provisions of Vietnamese law must be taken into account.

3. The granting of flight permits to flights must be made on the basis of the capacity of airports and airfields.

Article 10.-

1. The flight permit-granting agency may modify or cancel the granted flight permits for the following reasons:

a/ Security and national defense;

b/ Safety of flights;

c/ Public order and interest;

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e/ The compliance with the provisions of aviation treaties and/or agreements signed between Vietnam and foreign countries;

f/ The supply of untruthful information or the commission of other deceitful acts by flight permit applicants.

The modification and/or cancellation of flight permits shall be notified to the flight permit applicants within the prescribed time limit.

2. In cases where they cancel the permitted flights at their own will, the flight permit applicants shall have to notify the flight permit-granting agency thereof before the time points scheduled for such flights.

Article 11.- The flight permit applicants shall have to take responsibility for the legality of the following papers:

1. Aircraft operator’s certificate, aircraft maintainer’s and repairer’s certificate;

2. Aircraft registration certificate, flight qualification certificate, aircraft’s noise standard compatibility certificate, permit for operation of radio equipment on aircraft;

3. Licenses and certificates of flight crew members and people involved in the operation, maintenance and repair of aircraft.

Article 12.- The Civil Aviation Administration of Vietnam shall assume the prime responsibility and coordinate with the Ministry of Defense and the Ministry for Foreign Affairs in prescribing and guiding the procedures for granting, modifying, supplementing or canceling flight permits for various types of flights.

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1. The flight permit applicants must pay a fee as prescribed by law.

2. The Ministry of Finance shall assume the prime responsibility and coordinate with the Civil Aviation Administration of Vietnam in prescribing the collection and use of flight permit-granting fee.

Chapter III

IMPLEMENTATION OF FLIGHT PERMITS

Article 14.- Aircraft that conduct civil flight activities in Vietnam shall have to:

1. Observe the Vietnamese law and the international treaties which Vietnam has signed; fly on the right air routes, flight zones, entry points and exit points as prescribed;

2. Maintain constant contacts with the Vietnamese flight control agency;

3. Submit to the management, control and guidance by the Vietnamese flight control agency;

4. Make landing and take-off at the airports and/or airfields designated in the flight permits.

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1. Aircraft captains, representatives of aircraft operators or carriers shall have to complete the procedures for flights as prescribed by law.

2. Aircraft shall be allowed to depart only when orders of the flight control agencies at airports and/or airfields are issued and such aircraft’s flights must be conducted according to the flight plans already approved by the flight control authorities.

Article 16.-

1. Flight crews shall have to promptly communicate with and report to the Vietnamese flight control agency in order to get the latter’s guidance and assistance in the following cases where:

a/ For objective reason(s), aircraft cannot keep flying on the right itinerary and/or air routes;

b/ For objective reason(s), aircraft cannot land at airfields designated in flight permits;

c/ Appear circumstances forcing urgent landing on the Vietnamese territory;

d/ Other emergency circumstances.

In the above-said cases, flight crews shall have to follow the guidance of the flight control agency and other competent agencies of Vietnam.

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a/ Those specified at Points a, b, c and d, Clause 1 of this Article;

b/ Where aircraft lose contacts or flight crews are incapable of controlling their aircraft.

Chapter IV

INSPECTION AND SUPERVISION OF FLIGHTS

Article 17.-

1. Aircraft shall be temporarily seized or suspended from departure in the following cases:

a/ They violate regulations on the flight procedures, elaboration and implementation of flight plans and implementation of flight permits;

b/ They violate law provisions on papers and documents related to the operation, repair and maintenance of aircraft;

c/ They violate the procedures for checking aviation safety and security;

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e/ Under the competent agencies’ orders.

2. Agencies or individuals that issue orders to temporarily seize aircraft or suspend the departure of flights in contravention of law shall have to make compensations for damage caused to aircraft operators or carriers according to the provisions of law.

Article 18.-

1. Under the competent agency’s orders, the flight control agency shall have to request aircraft that have departed to return to the airfields of departure, temporarily detain the aircraft or suspend the aircraft’s departure.

2. In cases where it is necessary to ensure safety of a flight, the flight control agency may not request the aircraft to return as provided for in Clause 1 of this Article but shall have to promptly report such to the agency that has ordered the return.

3. Agencies or individuals that have ordered aircraft to return according to Clause 1 of this Article in contravention of law shall have to make compensations for damage caused to aircraft operators or carriers according to the provisions of law.

Article 19.-

1. An aircraft may be intercepted or forced to land onto the prescribed place for investigation, handling or application of other necessary measures as prescribed by law in the following cases:

a/ It encroaches upon Vietnam’s airspace;

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c/ It seriously violates provisions of the civil aviation legislation;

d/ It deliberately fails to obey orders of the flight control agency.

2. The Ministry of Defense shall assume the prime responsibility and coordinate with the Civil Aviation Administration of Vietnam in prescribing the modes of intercepting and forcing aircraft to land.

Article 20.-

1. Aircraft operators shall have to compensate for damage according to the provisions of Vietnamese law if their aircraft, while flying, cause damage to life, health and/or property of a third party on the ground within the Vietnamese territory or of Vietnamese citizens and/or legal persons in the sea areas under Vietnam’s sovereignty and jurisdiction, in land areas and/or waters not belonging to the sovereignty and the jurisdiction of any nation.

2. In cases where they have to make compensations for damage according to the provisions of Clause 1 of this Article, aircraft users being Vietnamese citizens and/or legal persons shall enjoy civil liability limits applicable to foreign individuals and organizations provided for in the Civil Aviation Law of Vietnam.

Chapter V

IMPLEMENTATION PROVISIONS

Article 21.-

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a/ To manage, inspect and supervise the flight control and flight activities in areas under its control, at civil airports and airfields and at flight information regions managed by Vietnam;

b/ To inform the Ministry of Defense and the competent State agencies of factors related to the flight safety and aviation security; as well as cases of violation of Vietnam’s regulations on flight management and control and violation of the international aviation treaties which Vietnam has signed.

2. The Ministry of Defense has the following tasks:

a/ To manage, supervise and ensure safety and regularity of all flight activities within the Vietnamese territory;

b/ To apply necessary measures prescribed by law in order to prevent and handle acts of violating regulations on exploitation and use of airspace, flight regulations and fight safety assurance;

c/ To manage and supervise aerial film-shooting and photo-taking activities according to the provisions of security and national defense legislation.

Article 22.- Organizations and individuals that violate provisions of this Decree shall, depending on the seriousness of their violations, be handled according to law.

Article 23.- This Decree takes effect 15 days after its signing and replaces Decree No.111/HDBT of July 2, 1988 of the Council of Ministers promulgating regulations on foreign flying means that fly to, fly from, fly within and fly over the airspace of the Socialist Republic of Vietnam. The previous stipulations which are contrary to this Decree are now annulled.

Article 24.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai