THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
66/2006/QH11
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Hanoi,
June 29, 2006
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LAW
VIETNAM CIVIL AVIATION
(No.
66/2006/QH11)
Pursuant to the 1992 Constitution of the Socialist
Republic of Vietnam, which was amended and supplemented under December 25, 2001
Resolution No. 51/2001/QH10 of the Xth National Assembly, the 10th session;
This Law provides for civil aviation.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. This Law provides for civil aviation
activities, covering aircraft, airports, airfields, aviation personnel, air
navigation, air carriage, aviation security, civil liability, general aviation
and other activities related to civil aviation.
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Article 2.- Subjects of
application
1. Vietnamese organizations and individuals and
foreign organizations and individuals engaged in civil aviation activities in Vietnam.
2. Vietnamese organizations and individuals
engaged in civil aviation activities in a foreign country, unless otherwise
provided for by the laws of that foreign country.
3. Vietnamese organizations and individuals and
foreign organizations and individuals engaged in civil aviation activities in
the flight information region under the management of Vietnam.
Flight information region means a delimited area
in the air where flight information services and alarming services are
provided.
Article 3.- Application
of laws
1. For social relations arising from civil
aviation activities not governed by this Law, relevant provisions of Vietnamese
law shall apply.
2. When this Law and another law provide
differently for the same issue related to civil aviation, the provisions of
this Law shall apply.
3. When a treaty to which Vietnam
is a contracting party contains provisions different from those of this Law,
the provisions of that treaty shall apply.
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1. The laws of the state in which an aircraft's
nationality is registered shall apply to social relations arising on board the
aircraft in flight and to determining rights to an aircraft.
2. The laws of the state in which a contract
related to rights to an aircraft is signed shall apply to determining the form
of such contract.
3. The laws of the state in which an aircraft is
salvaged or preserved shall apply to the payment of remuneration for the
salvage or preservation of such aircraft.
4. The laws of the state in which an accident
occurs as a result of aircraft collision or interference or in which an
aircraft in flight causes damage to third parties on the surface shall apply to
the compensation for damage.
Article 5.- Principles
of civil aviation activities
1. Respect for independence, sovereignty, unity
and territorial integrity of the Socialist Republic of Vietnam; assurance of
safety and security of aviation; assurance of defense and security requirements
and effective exploitation of aviation potential in service of national
socio-economic development.
2. Compliance with the national socio-economic
development strategy, the communications and transport development strategies,
plannings and plans; coordinated development of airports, airfields, air
navigation, means of transport and other resources; environmental protection
and sustainable development.
3. Sound and fair competition among
organizations and individuals of all economic sectors participating in civil
aviation activities.
4. Expansion of international exchange and
cooperation in the domain of civil aviation.
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1. The State shall prioritize investment in
construction and upgrading of airports, airfields and other facilities
belonging to civil aviation infrastructure in order to ensure safe, efficient
and coordinated development of air carriage.
2. The State shall create conditions for
Vietnamese organizations and individuals of all economic sectors, foreign
organizations and individuals and overseas Vietnamese to cooperate and invest
in the domain of civil aviation.
3. The State shall facilitate Vietnamese
airlines to provide air carriage services and exploit flight routes to areas
with particularly socio-economic difficulties, mountainous, deep-lying and
remote areas.
4. The State shall encourage research and
application of scientific and technological advances and human resource
training for civil aviation development.
5. The State shall protect legitimate rights and
interests of organizations and individuals of all economic sectors engaged in
civil aviation activities.
Article 7.-
Environmental protection in civil aviation activities
1. Organizations and individuals engaged in
civil aviation activities shall observe the environmental protection law.
2. Aircraft, air navigation facilities and
equipment; airport and airfield facilities and equipment and other technical
equipment on the ground shall meet environmental protection standards and be
inspected in order to prevent and promptly respond to adverse environmental
impacts.
Article 8.- Contents of
state management of civil aviation
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2. Formulating, and directing the implementation
of, strategies, plannings, plans and policies on development of the civil
aviation sector.
3. Managing civil flight operations within
Vietnamese territory and in the flight information region, technical systems,
air navigation facilities and equipment.
4. Planning and managing the operation of
airports and airfields; assuming the prime responsibility for and coordinating
activities of state management agencies and other organizations in airports and
airfields.
5. Managing air carriage operations.
6. Registering aircraft and rights thereto.
7. Managing the design, manufacture,
maintenance, import, export of aircraft, aircraft engines, aircraft propellers,
aircraft equipment and other facilities, equipment and supplies in service of
civil aviation activities.
8. Granting and recognizing certificates,
permits and licenses and other papers and documents related to civil aviation
activities.
9. Managing the assurance of security and safety
for civil aviation activities; organizing and preserving security and safety
for special flights and special-purpose flights.
10. Managing aircraft search and rescue
activities and investigations into aircraft incidents and accidents.
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12. Managing the training and development of
human resources for the civil aviation sector.
13. Managing scientific and technological
activities in the civil aviation sector; environmental protection in civil
aviation activities.
14. Supervising, inspecting, settling complaints
and denunciations, and handling violations in civil aviation activities.
Article 9.- Responsibilities
of state management of civil aviation
1. The Government shall perform the uniform
state management of civil aviation.
2. The Ministry of Transport shall be
responsible to the Government for performing the state management of civil
aviation.
3. 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.
4. 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.
5. 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.
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1. The aviation inspectorate, a body under the
inspectorate of the Ministry of Transport, shall perform inspection
specializing in civil aviation.
2. The aviation inspectorate has the following
tasks and powers:
a/ Inspecting the observance of regulations on
papers, documents, certificates and permits related to civil aviation;
standards, processes and regulations on technical safety and conditions of
aircraft, equipment for aircraft, airports and airfields, ensuring air
navigation and other aspects of civil aviation;
b/ Suspending activities of organizations,
individuals and means that violate aviation safety and security regulations or
fail to meet technical standards and conditions of aviation safety and
security;
c/ Sanctioning administrative violations in
civil aviation in accordance with the law on handling of administrative
violations;
d/ Detaining aircraft;
e/ Coordinating with inspectorates of
ministries, ministerial-level agencies, government-attached agencies and
concerned local agencies in detecting, stopping and handling acts that violate
the civil aviation law;
f/ Suggesting measures to handle and redress
violations in civil aviation activities.
3. The aviation inspectorate shall be equipped
with uniforms, badges and necessary equipment.
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Article 11.- Aviation
service charges, fees and prices
1. Charges, fees and aviation service prices
include:
a/ Charge for flight through the airspace,
charge for the transfer of operation rights and other charges prescribed by the
law on charges and fees;
b/ Fees for the grant of certificates and
permits related to civil aviation activities;
c/ Prices of takeoff and landing services,
administration of outbound and inbound flights; assistance in ensuring air
navigation; security screening; and passenger services;
d/ Prices of other services provided at airports
and airfields.
2. The Ministry of Finance shall set the rates
of charges, fees and service prices specified at Points a, b and c, Clause 1 of
this Article at the proposal of the Ministry of Transport.
3. Enterprises shall decide on prices specified
at Point d, Clause 1 of this Article within the price frame set by the Ministry
of Finance at the proposal of the Ministry of Transport.
Article 12.- Prohibited
acts in civil aviation
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b/ Performing duties of aviation personnel
without appropriate permits and certificates;
c/ Dropping equipment, items or other articles
from aircraft in the air, thus affecting the safety of air navigation,
environment and people's life;
d/ Flying into restricted or prohibited zones in
contravention of regulations;
e/ Causing interference to, misusing and
exploiting radio frequencies exclusively reserved for civil aviation
activities;
f/ Damaging the system of signals, facilities,
equipment, flight information and management stations, other facilities and
equipment in airports and airfields or controlling or putting ground facilities
failing to meet technical conditions into operation in the flight zones;
g/ Building architectural works, installing
facilities and equipment or planting trees that may affect air navigation and
the operation of facilities and equipment used in airspace and flight
management;
h/ Building works in airports or airfields and
their adjacent areas or installing facilities and equipment causing a lot of
smoke, dust, fire or exhaust gas or building shooting ranges or works,
installing other facilities and equipment that may affect the safety of flight
and the operation of facilities and equipment in airports or airfields;
i/ Installing and using in airports or airfields
or their adjacent areas lamps, beacons, signs, signals or objects that may
affect aircraft takeoffs and landings at airports or airfields or the
identification of airports or airfields;
j/ Feeding or rearing birds, cattle or poultry
in the areas of airports or airfields;
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l/ Taking weapons, inflammables, explosives and
other dangerous things on board aircraft, into airports, airfields or other
restricted zones in contravention of regulations;
m/ Destroying, damaging, deforming, displacing
markers, separators, signal-bearing objects and protective objects in airports
and airfields; damaging signs and equipment used for the identification of
airports or airfields;
n/ Endangering the safety of air navigation,
endangering the life, health and property of other persons on board aircraft;
o/ Acts of unfair competition and other banned
acts of competition restriction.
2. The provisions of Point c and Point e, Clause
1 of this Article also apply to official-duty aircraft.
Chapter II
AIRCRAFT
Section 1. NATIONALITY OF
AIRCRAFT
Article 13.- Registration
of nationality of aircraft
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2. To register for Vietnamese nationality, an
aircraft must fully meet the following conditions:
a/ Having no nationality of any state or having
relinquished its foreign nationality;
b/ Having lawful papers evidencing its
ownership;
c/ Conforming with technical standards set or
recognized by competent state agencies.
3. Aircraft in course of manufacture, assembling
or testing in Vietnam
shall be permitted for temporary registration to have Vietnamese nationality if
they meet the conditions specified at Point b and Point c, Clause 2 of this
Article.
4. Aircraft owned and operated by Vietnamese
organizations or individuals must be registered to have Vietnamese nationality;
in case of individuals, they must be permanent residents in Vietnam.
5. Aircraft owned by foreign organizations or
individuals and leased by Vietnamese organizations or individuals in the form
of dry lease or hire-purchase shall be permitted for registration to have
Vietnamese nationality according to the Government's regulations.
6. The Vietnam
aircraft register shall be opened publicly and used to record information on
registration of nationality of aircraft. Organizations and individuals are
entitled to request the grant of extracts or copies from the Vietnam
aircraft register at a fee.
7. An aircraft has Vietnamese nationality from
the time it is recorded in the Vietnam
aircraft register. The Ministry of Transport shall issue aircraft nationality
registration certificates.
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Article 14.- Deletion
of registration of nationality of aircraft
An aircraft shall has its Vietnamese nationality
deleted in the following cases:
1. Being declared missing under Clause 3,
Article 103 of this Law;
2. Being irreparably or irrestorably damaged;
3. Failing to meet the conditions specified in
Clause 2, Article 13 of this Law;
4. At the proposal of the aircraft registrant.
Article 15.-
Nationality and registration marks of aircraft
When operating, every aircraft must be painted
or affixed with nationality and registration marks in accordance with the law
of the state in which the aircraft's nationality is registered.
Article 16.- Specific
provisions on nationality of aircraft
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Section 2. STANDARDS OF
AIRWORTHINESS
Article 17.-
Certificates of airworthiness
1. Aircraft shall be permitted for operation in
the Vietnamese airspace only when they have valid certificates of airworthiness
granted or recognized by the Ministry of Transport.
2. A certificate of airworthiness shall only be
granted to an aircraft that meets all the following conditions:
a/ The aircraft is compatible with its class
certificate;
b/ Having adequate facilities and equipment to
ensure safety;
c/ Being operated and maintained according to
regulations;
d/ Being in a state suitable to the expected
operation purpose.
3. Applicants for certificates of airworthiness
shall pay a fee.
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Article 18.- Class
certificates
1. Class certificates shall be granted or
recognized if the designs of aircraft, aircraft engines or aircraft propellers
meet all airworthiness conditions prescribed or recognized by Vietnam.
2. Applicants for class certificates shall pay a
fee.
3. Aircraft, aircraft engines and aircraft
propellers which are manufactured in Vietnam
or imported into Vietnam
must be compatible with class certificates granted or recognized by the
Ministry of Transport.
Article 19.- Conditions
on import and export of aircraft, aircraft engines, aircraft propellers and
aircraft spare parts
1. To be-exported aircraft, aircraft engines and
aircraft propellers must be granted certificates of airworthiness for export by
the Ministry of Transport. Applicants for certificates of airworthiness for
export shall pay a fee.
2. The import and export of aircraft, aircraft
engines, aircraft propellers and aircraft spare parts must ensure aviation
safety and security, national security and respond to business demands.
The age of used aircraft that are permitted for
importation into Vietnam
shall be stipulated by the Government.
3. Aircraft, aircraft engines, aircraft
propellers and aircraft spare parts which are imported for use as learning aids
and other non-aviation purposes must not be used for civil aviation activities.
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1. The design, manufacture, maintenance or test
of aircraft, aircraft engines, aircraft propellers and aircraft equipment in Vietnam
must comply with standards promulgated by competent state agencies.
2. Establishments engaged in designing,
manufacturing, maintaining or testing aircraft, aircraft engines, aircraft
propellers and aircraft equipment in Vietnam
must possess licenses granted by the Ministry of Transport. Applicants for
those licenses shall pay a fee.
3. Aircraft having Vietnamese nationality,
aircraft engines, aircraft propellers and aircraft equipment having Vietnamese
nationality shall be maintained only at maintenance establishments and under
maintenance programs already approved by the Ministry of Transport.
Article 21.- Specific
provisions on airworthiness standards
The Minister of Transport shall issue
regulations on airworthiness standards, procedures for grant, recognition of
airworthiness conditions, grade certificates, criteria and procedures for
licensing establishments engaged in designing, manufacturing, maintaining or
testing aircraft, aircraft engines, aircraft propellers and aircraft equipment.
Section 3. OPERATION OF
AIRCRAFT
Article 22.- Aircraft
operators
1. Aircraft operators are organizations and
individuals engaged in operating aircraft.
2. Aircraft-operating organizations may operate
aircraft for commercial purposes when they are granted aircraft operator
certificates or have their aircraft operator certificates recognized by the
Ministry of Transport.
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Article 23.- Aircraft
operator certificates
1. An aircraft operator certificate shall be
granted to an organization to certify its satisfaction of safe operation
conditions for the prescribed class of aircraft and form of operation.
2. An organization shall be granted an aircraft
operator certificate if meeting the following conditions:
a/ Having an appropriate organizational apparatus
and mode of management and supervision of operation of aircraft;
b/ Having employees who have been adequately
trained and have appropriate permits and certificates;
c/ Having a professional training program and an
aircraft maintenance program suitable to the characteristics and scale of
operation.
d/ Having aircraft, facilities and equipment
ensuring safe operation;
e/ Having sufficient operation manuals.
3. Organizations applying for aircraft operator
certificates shall pay a fee.
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1. To maintain a management system capable of
supervising and monitoring the safe operation of aircraft.
2. To follow instructions in operation manuals.
3. To ensure ground facilities and services for
the safe operation of aircraft.
4. To ensure that every aircraft in operation
has sufficient crewmembers who have been adequately trained for each form of
operation.
5. To observe requirements on aircraft
maintenance and repair.
6. To strictly follow the provisions of the
aircraft operator certificate, including the case of use of services and
personnel under a contract of aircraft operation or maintenance assistance.
7. To strictly observe other regulations on
aircraft operation.
Article 25.- Papers and
documents carried in aircraft
1. An aircraft having Vietnamese nationality,
when engaged in navigation, must carry the following papers and documents:
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b/ Its certificate of airworthiness;
c/ The aircraft operator certificate;
d/ Appropriate permits and certificates for its
crewmembers;
e/ The journey log book;
f/ The permit for the use of radio equipment on
board the aircraft, if installed;
g/ Flight manuals for the crew;
h/ A list of passengers, in case of carrying
passengers;
i/ A manifest of cargo in case of carrying
cargo;
j/ The certificate of civil liability insurance;
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2. Papers and documents specified in Clause 1 of
this Article must be originals, except for the aircraft operator certificate.
3. Papers and documents carried in an aircraft
having foreign nationality engaged in flights to and from Vietnam
must comply with the law of the state in which the aircraft is registered.
Article 26.-
Requirements on environmental protection for aircraft and aircraft engines
An aircraft engaged in navigation must comply
with requirements on environmental protection for aircraft and aircraft
engines.
Article 27.- Specific
provisions on aircraft operation
The Minister of Transport shall issue regulations
on aircraft operation instructions, conditions, procedures and order for the
grant of aircraft operator certificates, permits for use of radio equipment
installed on aircraft; and requirements on environmental protection for
aircraft and aircraft engines.
Section 4. RIGHTS TO AIRCRAFT
Article 28.- Rights to
aircraft
1. Rights to aircraft include:
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b/ Right to possess aircraft through
hire-purchase or lease for six months or more;
c/ Mortgage and pledge of aircraft;
d/ Other rights as provided for by the civil
law.
2. The rights to aircraft specified in Clause 1
of this Article include rights to aircraft hulls, aircraft engines, aircraft
propellers, aircraft radio equipment and other equipment used onboard aircraft,
irrespective of whether they have been installed on board aircraft or
temporarily removed therefrom.
Article 29.- Registration
of rights to aircraft
1. Vietnamese organizations and individuals that
have rights to aircraft specified in Clause 1 of Article 28 of this Law must
register such rights according to the Government's regulations.
2. Applicants for registration of rights to
aircraft shall pay a fee.
3. Matters related to registered rights to the
same aircraft shall be entered in the Vietnam
aircraft register.
The registration of rights to aircraft specified
in Clause 1 of this Article shall become valid from the time it is entered by
the registration office in the Vietnam
aircraft register.
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Article 30.- Transfer
of ownership of aircraft
1. The transfer of aircraft ownership must be
made in writing and shall become effective on the date it is entered in the Vietnam
aircraft register.
2. The transfer of ownership of an aircraft does
not deprive of the priority right to receive remuneration for salvage and preservation
of the aircraft, unless the aircraft is sold for the enforcement of a legally
effective court judgment or decision or arbitral award.
Article 31.-
State enterprises
assigned to manage and operate aircraft
A state enterprise assigned to manage and
operate aircraft under state ownership has rights and obligations like an
aircraft owner as provided for in this Law and the enterprise law.
Article 32.- Mortgage
of aircraft
1. The mortgagor of an aircraft shall keep the
original nationality registration certificate of the mortgaged aircraft.
2. The mortgage of an aircraft under common
ownership is subject to written approval of its co-owners, unless otherwise
agreed upon.
3. When an aircraft is mortgaged to several
creditors, the order of mortgage shall be determined according to the time of
registration of mortgage.
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5. A mortgaged aircraft is not entitled to
transfer of ownership, unless it is so agreed by the mortgagee.
6. Aircraft mortgage registration shall be
deleted in the following cases:
a/ The secured obligation terminates;
b/ The aircraft mortgage contract is cancelled;
c/ The aircraft used as mortgaged property has
been disposed of;
d/ There is a legally effective court judgment
or decision or arbitral award on the cancellation of the aircraft mortgage or
declaring the aircraft mortgage contract invalid;
e/ At the request of the aircraft mortgagee.
7. When an insured mortgaged aircraft is missing
or damaged, the mortgagee who has registered the mortgage is entitled to the
insurance sum.
Article 33.- Payment of
remuneration for aircraft salvage and preservation
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2. Within ninety days after the date of
termination of the aircraft salvage and preservation, organizations and
individuals involved in the aircraft salvage and preservation shall register
their priority right to remuneration stated in Clause 1 of this Article
according to the Government's regulations. Applicants for registration of the
priority right to remuneration for aircraft salvage and preservation shall pay
a fee.
3. Past the time limit specified in Clause 2 of
this Article, the priority right to remuneration for aircraft salvage and
preservation shall terminate, except in the following cases:
a/ Organizations and individuals involved in
aircraft salvage and preservation have registered the priority right to
remuneration for aircraft salvage and preservation;
b/ Organizations and individuals involved in
aircraft salvage and preservation and those obliged to pay remuneration have
reached agreement on the payable sum;
c/ Organizations and individuals involved in
aircraft salvage and preservation have initiated a lawsuit regarding the
payment of remuneration for aircraft salvage and preservation.
Article 34.- Priority
debts
1. Priority debts shall be paid in the following
order:
a/ Court fees and expenses for judgment
enforcement;
b/ Remuneration for aircraft salvage and
preservation and related expenses.
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Section 3. AIRCRAFT LEASE AND
LEASE-OUT
Article 35.- Forms of
aircraft lease and lease-out
1. Vietnamese organizations and individuals may
lease or lease out aircraft for air carriage and other civil aviation
activities.
2. Aircraft lease and lease-out take the
following forms:
a/ Lease, lease-out with a crew.
b/ Lease, lease-out without a crew.
3. Aircraft lease or lease-out contracts must be
made in writing.
Article 36.- Lease and
lease-out of aircraft with a crew
1. In case of lease or lease-out of an aircraft
with a crew, the aircraft shall be operated according to the lessor's aircraft
operator certificate.
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Article 37.- Lease,
lease-out of aircraft without a crew
1. In case of lease or lease-out of an aircraft
without a crew, the aircraft shall be operated according to the lessee's
aircraft operator certificate.
2. The lessee shall ensure safety standards of
aircraft maintenance and operation.
3. When a Vietnamese organization or individual
leases a foreign aircraft without a crew, if the lessee has special
requirements on facilities and equipment on board the aircraft and
communications and navigation equipment, such lease is subject to approval of
the Ministry of Transport.
Article 38.- Requirements
on aircraft lease
When making use of a leased aircraft, the lessee
may not allow the lessor or any other related party to enjoy the lessee's
economic benefits or use the lessee's rights to air carriage.
Article 39.- Acceptance
of lease, lease-out of aircraft between Vietnamese organizations or individuals
and foreign organizations or individuals
1. The lease or lease-out of an aircraft between
a Vietnamese organization or individual and a foreign organization or
individual is subject to written approval of the Ministry of Transport which
shall take into account the following contents:
a/ Form of lease;
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c/ Lease term;
d/ Quantity, type and age of the leased
aircraft;
e/ Nationality of the aircraft;
f/ Certificates related to the aircraft;
g/ Agreement on the purchase of civil liability
insurance for passengers, baggage and cargo and for third parties on the
surface;
h/ The organization responsible for operating
and maintaining the aircraft according to the aircraft operator certificate.
2. The Vietnamese organization or individual
leasing or leasing out an aircraft shall supply a copy of the lease or
lease-out contract and other related documents upon request for consideration
and approval; the Ministry of Transport shall give its reply within seven
working days after receiving all of these documents.
3. Approval procedures stated in Clause 1 of
this Article are not applicable to the lease of an aircraft for no more than
seven consecutive days in the following cases:
a/ Substitution of other aircraft for making a
special flight or requisition for other state-duty purposes;
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c/ Substitution of an aircraft which cannot be
operated for force majeure reasons.
The Vietnamese organization or individual
leasing an aircraft under the provisions of this Clause shall notify in writing
to the Ministry of Transport that the lessor has an appropriate aircraft
operator certificate.
4. The Vietnamese organization or individual is
obliged to liquidate the lease contract, re-export the leased aircraft or take
the leased aircraft back to Vietnam when the lease-out contract ceases to be
valid, the permit for temporary import of the leased aircraft or for the
temporary export of the leased-out aircraft ceases to be valid or at the
request of a competent state agency.
Article 40.- Transfer
of obligations between the state in which aircraft are registered and the state
of aircraft operators
1. In case of lease or lease-out of an aircraft
between a Vietnamese organization or individual and a foreign organization or
individual, the Ministry of Transport shall reach agreement with competent
authorities of the state in which the aircraft is registered or the state of
the aircraft operator concerned on receiving or transferring the obligations of
the state in which the aircraft is registered in accordance with the Vietnamese
law and treaties to which Vietnam is a contracting party.
State of the aircraft operator is the state in
which the aircraft operator is headquartered, if the operator is an
organization, or the state in which the aircraft operator permanently resides,
if the operator is an individual.
2. The agreement stated in Clause 1 of this
Article covers part or the whole of the obligation to comply with:
a/ Regulations on ensuring air navigation;
b/ Regulations on certificates of airworthiness;
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d/ Regulations pertaining to the installation
and use of radio equipment on board aircraft.
Section 6. SUSPENSION OF FLIGHTS,
DETENTION AND ARREST OF AIRCRAFT
Article 41.- Suspension
of flights
1. An aircraft not yet taxing shall be suspended
from making a flight when one of the following circumstances occurs:
a/ There arises an urgent circumstance
necessitating the performance of the task of safeguarding national sovereignty
and security or the aircraft is detected to show signs of violation of
regulations on assurance of defense and security;
b/ Violation of regulations on airworthiness
standards, operation of aircraft, aviation safety and security, flight
formalities, making and implementation of flight schedules, and observance of
flight permits;
c/ It is detected that aviation safety and
security in the flight are under threat;
d/ Other cases as decided by competent state
agencies.
2. In any circumstance specified at Points a, b
and c, Clause 1 of this Article, the director of the airport authority or the
aviation inspector shall make a written record thereon and issue a decision to
suspend the flight. A decision to suspend a flight takes immediate effect and
must be sent to the aircraft commander, the air traffic service establishment
and concerned agencies and organizations.
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4. Aircraft commanders and aircraft operators
shall comply with decisions to suspend flights and may request agencies or
persons who have made such decisions to give reasons for suspension.
5. The aircraft suspended from making flight may
continue making flight after the grounds specified in Clause 1 of this Article
no longer exist and competent state agencies have permitted the aircraft to
make flight.
Article 42.- Request
for aircraft to land at airports or airfields
1. An aircraft which is flying within the
Vietnamese territory may be ordered to land at an airport or airfield when
there are signs of threat to aviation safety and security during the flight or
in other cases in which a competent state agency so orders.
2. If detecting signs of threat to aviation
safety or aviation security during a flight the director of the airport
authority may decide to order the aircraft concerned to land at an airport or
airfield; such decision takes immediate effect.
3. When other competent agencies issue decisions
to order an aircraft to land at an airport or airfield, such decisions take
immediate effect. Decisions to order an aircraft to land must be promptly sent
to the concerned air traffic service establishment and airport authority.
4. The concerned air traffic service
establishment shall order an aircraft to land at an airport or airfield under
the decision of the director of the airport authority or other competent
agency. For the safety of a flight, the air traffic service establishment may
refuse to comply with the decision to order an aircraft in flight to land at an
airport or airfield and shall report its non-compliance to the agency which has
issued such decision.
5. An aircraft which has landed at an airport or
airfield as ordered may continue its flight when the grounds specified in
Clause 1 of this Article no longer exist and it is so permitted by the competent
state agency.
Article 43.- Detention
of aircraft
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a/ Violating national sovereignty and security
of Vietnam;
b/ Failing to remedy violations specified at
Point b, Clause 1, Article 41 of this Law or failing to comply with
violation-handling measures;
c/ Committing banned acts related to air
navigation, aircraft operation or air carriage;
d/ Violating relevant legal provisions on flight
crews, passengers, baggage and cargo carried on board the aircraft;
e/ Other cases as decided by competent state
agencies.
2. Upon detecting violations specified at Points
a, b, c and d, Clause 1 of this Article, the director of the airport authority
or the aviation inspector may detain the aircraft in violation. Decisions to
detain an aircraft take immediate effect and must be sent to the aircraft
commander, aircraft operator and concerned agencies and organizations.
3. When other competent agencies issue decisions
to detain an aircraft, such decisions take immediate effect and must be
promptly sent to the authority of the airport where the aircraft is due to make
flight.
4. The detention of an aircraft terminates when
the related violations have been handled in accordance with law or when the
competent state agency having requested the detention proposes the termination
of the detention.
Article 44.- Arrest of
aircraft
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2. The court of a province or centrally run city
in which an aircraft has landed shall issue a decision to arrest the aircraft
upon written request of the owner or a creditor, if the aircraft is an asset to
secure a debt to the creditor or of third parties who suffer damage on the
surface caused by the aircraft in flight or of persons having rights and
interests related to the aircraft in accordance with this Law.
3. Requestors for arrest of aircraft
shall provide financial assurance in the form and with the value fixed by the
court which is equivalent to the damage possibly caused to the aircraft when it
is arrested.
4. In case of arrest of an aircraft, the carrier
or aircraft operator shall still perform its obligations committed in the
contract.
5. The arrest of an aircraft terminates
in the following circumstances:
a/ Debts have been paid off;
b/ Substitute security measures have been
applied;
c/ The arrest requester proposes the termination
of the arrest.
6. Procedures for arrest of aircraft shall be
stipulated by the National Assembly Standing Committee.
Article 45.- Search of
aircraft
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a/ Signs of violating national sovereignty,
national security, aviation security or safety are detected;
b/ Members of the flight crew, passengers or the
carriage of baggage, cargo, postal items or other articles in the aircraft
violate regulations on entry, exit, customs and quarantine.
2. Persons deciding to search an aircraft shall
notify the aircraft commander and concerned agencies and organizations before
conducting search.
3. Competent state agencies shall notify
aircraft search decisions to the directors of airport authorities for
coordination.
Article 46.- Liability
to pay compensations for damage caused to aircraft operators or carriers
Organizations and individuals that have decided
to suspend flights, requested aircraft to land at airports or airfields,
detained, requested detention, requested arrest or search of aircraft in an
illegal manner shall pay compensations for damage caused to aircraft operators
or carriers.
Chapter III
AIRPORTS, AIRFIELDS
Section 1. GENERAL PROVISIONS
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1. Airport is an area with specified boundaries,
covering an airfield, terminals, facilities, equipment and other necessary
structures used for aircraft making flights to, from and engaged in air
carriage.
Airports are classified into the following
categories:
a/ International airports, which serve
international and domestic carriage;
b/ Domestic airports, which serve domestic
carriage.
2. Airfield is an area with specified boundaries
which is constructed for aircraft to land, take off and taxi. Airfields that
are only used for either general aviation or carriage of passengers, baggage,
cargo and postal items other than public carriage are specialized airfields.
Article 48.- Areas
adjacent to airports and airfields
1. Airports and airfields shall have adjacent
areas to ensure safety for civil aviation activities and inhabitants in such
areas.
2. The boundary of areas adjacent to an airport
and airfield is eight kilometers measuring from the boundary of the airport or
airfield outward.
3. People's Committees at all levels shall
assume the prime responsibility for, and coordinate with airport authorities
and other competent agencies in, maintaining public order, ensuring the
implementation of aviation safety and security regulations; applying measures
to dismantle, destroy, remove or changing the structures of constructions,
facilities, equipment or other obstacles in the adjacent areas of airports and
airfields which endanger the safety of air navigation; preventing law-breaking
acts and applying measures to protect the environment in these adjacent areas.
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1. Opening or closure of an airport or airfield
means permission or prohibition of operation of an airport or airfield under
decision of a competent state agency.
2. The Prime Minister shall decide on the
opening of airports or airfields in line with the planning on development of
airports and airfields; on the closure of airports or airfields for security
and defense assurance reasons or special socio-economic reasons.
3. The Minister of Transport shall decide on the
temporary closure of airports and airfields in the following cases:
a/ Renovation, expansion or repair of airports
and airfields, which can affect the safety of air navigation;
b/ Airport or airfield operation certificates
are withdrawn;
c/ Natural calamities, epidemics, environmental
pollution, aircraft accidents and other unexpected circumstances which endanger
aviation safety and security.
4. When an unexpected incident occurs, in order
to ensure aviation safety and security, the director of the airport authority
shall decide to temporarily close the airport or airfield for no more than
twenty four hours and immediately report the Minister of Transport thereon.
5. Airports or airfields shall be re-opened
after the reasons specified in Clauses 2, 3 and 4 of this Article terminate.
Article 50.- Registration
of airports and airfields
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2. Conditions for being granted an airport or
airfield registration certificate include:
a/ Having papers evidencing the lawful formation
of the airport or airfield;
b/ Compliance with the approved planning on
development of the system of airports and airfields;
c/ Having infrastructure conforming to technical
standards prescribed or recognized by competent state agencies.
3. The Ministry of Transport shall register and
grant registration certificates to airports and airfields.
4. Applicants for airport or airfield
registration certificates shall pay a fee.
Article 51.-
Airport or airfield
operation certificates
1. After an airport or airfield has been
registered under Article 50 of this Law, its operator shall be granted an
airport or airfield operation certificate when meeting all the following
conditions:
a/ Meeting requirements on organization,
facilities, equipment and other necessary factors for ensuring aviation safety
and security;
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2. An airport or airfield may be put into
operation only after it is granted by the Ministry of Transport an airport or
airfield operation certificate.
3. Applicants for airport or airfield operation
certificates shall pay a fee.
4. An airport or airfield operation certificate
shall be withdrawn in the following cases:
a/ The airport or airfield fails to meet the
conditions specified in Clause 1 of this Article;
b/ The airport or airfield has not been operated
or has ceased operation for twelve consecutive months;
c/ Other cases as decided by competent state
agencies.
5. Organizations and individuals managing or
operating airports or airfields shall comply with the provisions in their
airport or airfield operation certificates.
Article 52.- Registration
of airports and airfields under construction
1. Airports or airfields under construction may
be temporarily registered in the airport and airfield register from the time of
commencement of construction.
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a/ Having lawful papers on land use rights and
the construction of the airport or airfield;
b/ Compliance with the approved planning on
development of the system of airports and airfields;
c/ Having a plan on construction of
infrastructure conforming to technical standards prescribed or recognized by
competent state agencies.
3. The Ministry of Transport shall register and
grant registration certificates to airports or airfields under construction.
4. Applicants for registration certificates of
airports or airfields under construction shall pay a fee.
Article 53.- Administration
of takeoff and landing schedules at airports and airfields
1. Administration of takeoff and landing
schedules at airports and airfields means management and allocation of takeoff
and landing time of scheduled air carriage flights at airports or airfields as
announced.
2. The Ministry of Transport shall administer
takeoff and landing schedules at an airport and airfield on the following
principles:
a/ Within the limits of operation of the airport
or airfield;
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c/ Convenience and efficiency;
d/ Compliance with international practice.
Article 54.-
Environmental protection at airports and airfields
1. Organizations and individuals engaged in
activities in airports or airfields shall implement regulations on
environmental protection in airports and airfields.
2. The operation of aircraft, airports,
airfields, air navigation facilities and equipment and other facilities and
technical equipment on the ground, and the provision of services at airports
and airfields must meet noise and exhaust gas standards and other standards for
environmental protection in civil aviation activities.
Article 55.- Specific
provisions on the opening and closure of airports and airfields and management
of activities in airports and airfields and areas adjacent thereto
1. The Government shall stipulate conditions,
order and procedures for opening and closure of airports and airfields and
management of activities in airports and airfields, management of areas
adjacent to airports and airfields, and use of airfields for joint civil and
military purposes.
2. The Minister of Transport shall stipulate in
detail the making of the airport and airfield register, procedures for the
grant of airport and airfield registration certificates; procedures for the
grant of registration certificates to airports and airfields under
construction; technical standards of airports, airfields and areas adjacent
thereto; procedures for the grant of airport and airfield operation
certificates and requirements on environmental protection applicable to
organizations and individuals operating in airports and airfields.
Section 2. PLANNING,
INVESTMENT IN AND CONSTRUCTION OF AIRPORTS AND AIRFIELDS
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1. Planning of airports and airfields must be
based on the socio-economic development strategy, defense and security tasks,
development plannings of the transport sector and other sectors and localities,
and the trend of development of international civil aviation.
2. The Ministry of Transport shall assume the
prime responsibility for elaborating a planning on airports and airfields;
submit to the Prime Minister for approval a master plan on development of the
national system of airports and airfields and a detailed planning on
international airports.
The Minister of Transport shall approve the
detailed planning on domestic airports and airfields.
3. Sectors and localities, when making plannings
or projects on investment in and construction of works which may affect the
planning on airports and airfields, shall obtain written agreement of the
Ministry of Transport.
Article 57.- Management
of airport and airfield land areas
1. Airport and airfield land areas cover land
areas for construction of airfields, terminals and necessary facilities to
serve civil aviation activities at airports and airfields.
2. Airport authorities shall be assigned airport
and airfield land areas at a time by provincial/municipal People's Committees
according to the plannings already approved by competent state agencies.
Airport and airfield land use certificates shall be granted to airport
authorities.
3. Airport authorities may re-assign land areas
without collection of land use levies or may lease land within the airport and
airfield areas to organizations and individuals having demands for use of such
land for proper purposes already approved by competent state agencies.
4. Organizations and individuals that lease
airport and airfield land areas have the following rights and obligations:
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b/ To use their assets attached to the leased
land areas for mortgage and guarantee at credit institutions licensed to
operate in Vietnam; to sell, lease or contribute capital with, their own assets
attached to the leased land areas.
Those who sell, lease, mortgage, guarantee or
contribute capital with their assets attached to land shall ensure that such
assets are used for proper purposes, in accordance with the planning and plan
on development of airports and airfields and shall obtain the approval thereof
from the Ministry of Transport.
Purchasers of the assets shall be leased land by
the airport authorities and shall use such land and structures thereon for
proper purposes already identified in the planning without affecting or
disrupting the operation of airports and airfields.
5. The Government shall stipulate in detail the
management and use of airport and airfield land areas.
Article 58.- Investment
in and construction of airports and airfields
1. Investment in and construction of new
airports or airfields or investment in and construction of structures in
existing airports or airfields shall comply with the master plan on development
of the system of airports and airfields and the detailed planning on airports and
airfields already approved by competent state agencies.
2. Vietnamese and foreign organizations and
individuals may invest in and construct airports and airfields in accordance
with the investment and construction law.
Section 3. STATE MANAGEMENT
IN AIRPORTS AND AIRFIELDS
Article 59.-
Airport authorities
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2. The director is the head of the airport
authority.
3. The Minister of Transport shall specify the
organization and operation of airport authorities.
Article 60.- Tasks and
powers of airport authorities
1. To manage the entire land areas of airports
and airfields assigned to them for construction and development of airport and
airfield infrastructures; to organize and manage the construction of facilities
on the ground, water surface and under the ground in airports and airfields
according to the plannings and projects already approved by competent state
agencies.
2. To supervise and oversee the observance of
regulations on:
a/ The implementation of plannings and plans on
development of airports and airfields;
b/ Standards of aviation safety and security in
airports and airfields and their adjacent areas;
c/ Public order and environmental protection in
airports and airfields;
d/ Operation of air carriage in airports and
airfields;
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f/ Provision of services for flights in airports
and airfields;
g/ Use of airport and airfield land areas.
3. To coordinate with airport enterprises in
implementing emergency and salvage plans and responding to aircraft incidents
and accidents occurring in airports, airfields or areas adjacent thereto.
4. To decide to temporarily close airports and
airfields.
5. To stop the construction and renovation of
facilities, installation of equipment, planting of trees in airport and
airfield areas; to propose competent state agencies to stop the construction
and renovation of facilities, installation of equipment and planting of trees
in areas adjacent to airports and airfields in violation of the planning on
airports and airfields or regulations on management of obstacles which affects
air navigation at airports and airfields.
6. To handle violations of law according to
their competence;
7. To transfer to competent state agencies for
settlement or coordinate with the latter in settling cases arising in airports
and airfields;
8. To suspend flights; to order aircraft to land
at airports or airfields; to search and detain aircraft; to execute warrants of
arrest of aircraft; to stop acts of members of flight crews which fail to meet
aviation safety and security requirements.
9. To collect, manage and use charges and fees
in airports and airfields in accordance with the law on charges and fees.
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11. To assume the prime responsibility for
arranging working offices of state management agencies regularly working in
airports and airfields.
Article 61.-
State management
activities in airports and airfields
1. Airport authorities and other agencies in
airports and airfields shall perform professional activities and coordinate
with one another in settling matters arising within the scope of their tasks
and powers to ensure safety, security and regular activities in airports and
airfields.
2. Airport authorities shall direct and
coordinate activities of state management agencies in airports and airfields;
convene and preside over monthly or irregular joint meetings of state
management agencies and organizations operating in airports and airfields.
3. When related state management agencies in an
airport or airfield fail to reach agreement on ways of settling a certain matter,
the director of the airport authority shall make the final decision and take
responsibility therefor.
4. When an airport or airfield is declared to be
a zone affected by a dangerous epidemic, the airport authority shall coordinate
with agencies and organizations operating in the airport or airfield area in
applying appropriate measures to prevent the spread of the epidemic and stamp
out the epidemic under the professional instructions of competent state
agencies.
5. State management agencies regularly operating
in airports and airfields shall be provided with appropriate working offices.
Section 4. OPERATION OF
AIRPORTS AND AIRFIELDS
Article 62.- Organizations
and individuals conducting business in airports and airfields
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a/ Airport enterprises;
b/ Aviation service enterprises;
c/ Organizations and individuals providing other
services.
2. The establishment and operation of business
entities, activities of business individuals in airports and airfields shall
comply with the provisions of this Law and the enterprise and commercial laws.
The Minister of Transport shall stipulate the
order and procedures for the grant of airport business licenses and aviation
service provision licenses.
3. Organizations and individuals conducting
business in airports and airfields shall:
a/ Observe regulations on aviation safety and
security;
b/ Comply with and facilitate airport
authorities to supervise their business and service activities.
Article 63.-
Airport enterprises
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2. An enterprise shall be granted by the
Ministry of Transport an airport business license when meeting the following
conditions:
a/ Having the business registration certificate;
b/ Having an organizational apparatus and
employees who have appropriate licenses and certificates, and meeting
professional requirements on operation of airports and airfields;
c/ Meeting capital conditions stipulated by the
Government;
d/ Having a plan on facilities, equipment and
other necessary conditions for ensuring aviation safety and security.
3. Enterprises applying for airport business
licenses shall pay a fee.
Article 64.- Rights and
obligations of airport enterprises
1. To manage and organize the operation of
infrastructure, facilities and equipment of airports and airfields.
2. To make investment plans on the development,
renovation and expansion of airports and airfields in accordance with the
plannings already approved by competent state agencies, development demands and
the operation of airports and airfields.
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4. To report periodically or at the request of
state management agencies data on annual and long-term production and business
plans and results and statistics on the operation of airports and airfields.
5. To arrange working offices for state
management agencies regularly working in airports and airfields at the request
of airport authorities.
6. Other rights and obligations as provided for
by the enterprise law.
Article 65.- Aviation
service enterprises in airports and airfields
1. Enterprises providing aviation services in
airports and airfields are enterprises conducting the conditional business of
providing services directly related to aviation activities in airports and
airfields and must possess aviation service provision licenses granted by the
Ministry of Transport in accordance with the planning on development of
airports and airfields.
2. An aviation service enterprise shall be
granted an aviation service provision license when meeting the following
conditions:
a/ Having the business registration certificate;
b/ Having an organizational apparatus ensuring
the provision of services directly related to aviation activities in airports
and airfields, and employees who have appropriate licenses and certificates, and
meeting professional requirements for the operation of airports and airfields;
c/ Having facilities, equipment and other
necessary conditions to ensure aviation safety and security;
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3. Enterprises applying for aviation service
provision licenses shall pay a fee.
4. The list of aviation services shall be issued
by the Government.
Article 66.- Responsibilities
of aviation service enterprises
1. To provide aviation services in airports and
airfields under contracts signed with airport enterprises and to comply with
regulations on operation of airports and airfields.
2. To provide quality services to customers in
airports and airfields in a civilized, polite and thoughtful manner.
Article 67.- Right to
select aviation service enterprises in airports and airfields
Air carriage enterprises are entitled to select
aviation service enterprises in airports and airfields at their discretion,
unless when the grounds of aviation safety and security are taken into account.
Chapter IV
AVIATION PERSONNEL
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Article 68.- Aviation
personnel
1. Aviation personnel are those personally
involved in activities related to assurance of aviation safety and security,
operation of aircraft, air carriage or air navigation and having appropriate
professional licenses and certificates granted or recognized by the Ministry of
Transport.
2. Aviation personnel are entitled to sign
written labor contracts with their employing organizations.
3. Aviation personnel are entitled to interests
and are obliged to perform obligations stated in their labor contracts and
provided for by the labor law.
Article 69.-
Professional licenses and certificates of aviation personnel
1. While on duty, aviation personnel shall carry
appropriate licenses and certificates granted or recognized by the Ministry of
Transport.
2. Apart from the provisions of Clause 1 of this
Article, flight crew members, cabin crew member and air traffic controllers
shall carry health certificates granted by competent medical establishments.
3. Aviation personnel shall be granted
professional licenses and certificates after receiving training at professional
training establishments permitted or recognized by the Ministry of Transport.
4. Applicants for aviation personnel's
professional licenses and certificates shall pay a fee.
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1. The Minister of Transport shall issue
detailed regulations on:
a/ Specific labor and labor discipline regimes
for aviation personnel; for regulations on work time and rest time, which are
subject to written agreement of the Ministry of Labor, War Invalids and Social
Affairs;
b/ Titles, title-based tasks and criteria and
procedures for the grant and recognition of professional licenses and
certificates of aviation personnel;
c/ Standards and training programs of
professional training establishments for aviation personnel.
2. The Ministry of Health shall assume the prime
responsibility for, and coordinate with the Ministry of Transport in,
prescribing health criteria for aviation personnel and for medical
establishments engaged in examining the health of aviation personnel.
Section 2. CREW
Article 71.- Composition
of crew
1. A crew consists of persons designated by the
aircraft operator to perform duties during a flight.
2. A crew is composed of a flight crew, cabin
crew members and other aviation personnel as required by the flight.
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1. Flight crew members are those who navigate
the aircraft, including the principal pilot, assistant pilot and other aviation
personnel suitable to the aircraft class.
2. An aircraft may make a flight only when it
has a full flight crew as required by the law of the state in which the
aircraft is registered or by the law of the state of the aircraft operator.
Article 73.- Cabin crew
members
1. Cabin crew members are those whose duty is to
ensure safety for passengers during a flight and to provide services on board
the aircraft according to the assignment of the aircraft operator or commander
but who may not perform duties of flight crew members.
2. Specific duties of cabin crew members for
each class of aircraft shall be assigned by the aircraft operator. Aircraft
operators shall arrange a sufficient number of cabin crew members suitable to
the class of aircraft.
Article 74.- Aircraft
commanders
1. Aircraft commander is a member of the flight
crew appointed by the aircraft operator for a flight; for aviation for
non-commercial purposes, the aircraft commander shall be appointed by the
aircraft owner.
2. The aircraft commander has the supreme power
in the aircraft, and is responsible for ensuring aviation safety and security
for the aircraft, persons and property in the aircraft in flight.
An aircraft shall be considered to be in flight
from the moment when all its external doors are closed following embarkation
until the moment when any of such door is opened for disembarkation; in case of
a forced landing, the flight is deemed to continue until a competent state
agency takes over the responsibility for the aircraft and for persons and
property on board.
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1. To decide on and take responsibility for the
takeoff, landing, flight cancellation, return to the takeoff place or urgent
landing.
2. To refrain from performing flight duties,
flight plans or instructions of an air traffic service establishment in case of
necessity to avert an instant and direct danger to air navigation and
immediately report it to the air traffic service establishment.
In case of deviating the aircraft from the
designated air route for the purpose of averting an instant and direct danger,
after the danger is averted, the aircraft commander and the air traffic service
establishment shall quickly apply every necessary measure to steer the aircraft
back to its air route.
3. When the aircraft is in flight, to apply
measures to stop persons from taking one of the following acts in the aircraft:
a/ Committing a crime;
b/ Endangering aviation safety and security;
c/ Attacking or threatening crew members or
passengers;
d/ Failing to follow instructions of the
aircraft commander or a crew member on behalf of the aircraft commander to
ensure safety for the aircraft and maintain order and discipline in the
aircraft;
e/ Destroying equipment and property in the
aircraft;
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g/ Smoking in the aircraft toilets or no-smoking
places, possibly endangering the safety of the aircraft;
h/ Using portable electronic devices, cellular
phones or other electronic devices when the aircraft is taking off or landing
or when it is banned for the safety of the flight;
i/ Other acts running counter to fine national
customs and habits or violating public order.
4. To hand over persons committing acts
specified in Clause 3 of this Article to competent state agencies after the
aircraft lands at the nearest airport or airfield.
5. To decide to discharge fuel, drop baggage,
cargo or other articles from the aircraft in accordance with Article 88 of this
Law.
6. To issue necessary orders to everyone in the
aircraft and continue performing his/her duties and powers till competent state
agencies start to take over the aircraft, persons and property on board the
aircraft in case of a forced landing.
7. To perform the following tasks in case of
receiving no instructions or unclear instructions from the air operator and
immediately notify the aircraft operator thereof:
a/ Paying necessary expenses for fulfilling the
tasks of the flight, ensuring safety for persons and property during flight;
b/ Performing necessary tasks for the aircraft
to continue the flight;
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Article 76.-
Obligations of the aircraft commander
1. To obey instructions of the aircraft
operator.
2. To take every necessary measure to ensure safety
for the aircraft, persons and property in the aircraft in danger or in distress
and to be the last leaving the aircraft.
3. When detecting persons, means of transport or
other property in distress outside his/her aircraft, to notify the establishment
which is providing air traffic services and to render assistance according to
his/her ability without causing danger to his/her own aircraft, persons and
property on board his/her own aircraft.
4. To take every necessary measure to steer the
aircraft back to the designated air route when it deviates therefrom.
Article 77.- Interests
of crew members
1. Interests of crew members working on an
aircraft operated by a Vietnamese organization or individual are defined in
their labor contracts and in accordance with the Vietnamese labor law.
2. The employer shall purchase accident
insurance for flight crew members on duty.
3. If a crew member cannot continue performing
his/her duties, the aircraft operator shall fully pay for his/her travel to the
place designated in the contract or back to the place of his/her reception,
unless otherwise agreed upon.
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5. A labor contract shall terminate at the time
agreed upon therein; if a labor contract terminates at a point of time when the
crew member concerned is performing his/her duty, the time of termination of
such contract is the time the flight crew member completes his/her duties.
6. If the aircraft operator notifies its
unilateral termination of the labor contract when the crew member concerned is
performing his/her duties, the time of notification shall be determined to be
the time when the flight crew member completes his/her duties.
Article 78.-
Obligations of crew members
1. To obey orders of the aircraft commander.
2. Not to leave the aircraft without the order
of the aircraft commander.
Chapter V
AIR NAVIGATION
Section 1. MANAGEMENT OF AIR
NAVIGATION
Article 79.- Organization
and use of the airspace
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2. The Prime Minister shall decide to establish
and operate air routes.
Air route is an area in the air which is
delimited in its elevation and width and under control.
3. The Ministry of Transport shall manage the
organization and operation of air routes, the airspace of civil airfields,
flight zones in service of general aviation in the Vietnamese airspace and the
flight information region under the management of Vietnam.
The organization and operation of the airspace of an airfield used for joint
civil and military purposes are subject to written agreement of the Ministry of
Defense.
4. The provision of Clause 1 of this Article
also applies to official-duty aircraft.
Article 80.- Management
of flights in airports and airfields
1. Except for cases of forced landing, aircraft
may take off from and land at lawfully opened airports and airfields.
2. Vietnamese and foreign aircraft making
international flights may only take off from and land at international
airports; if taking off from or landing at a domestic airport or airfield, the
permission of the Prime Minister is required.
International flight referred to in this Law
means flight made over the territories of more than one state.
Article 81.- Grant of
flight permits
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2. Aircraft operating within the Vietnamese territory
must obtain flight permits from one of the following Vietnamese agencies:
a/ The Ministry of Foreign Affairs, which grants
flight permits to foreign special flights carrying guests invited by the Party
and the State and escort or preparation flights in service of such special
flights engaged in civil aviation activities in Vietnam.
Special flight means a flight for totally
exclusive use or for exclusive use combined with commercial carriage which is
certified or notified as such by a competent state agency according to
regulations on service of special flights;
b/ The Ministry of Defense, which grants flight
permits for flights of Vietnamese and foreign military aircraft engaged in
civil aviation activities in Vietnam
and for flights of pilotless aircraft;
c/ The Ministry of Transport, which grants
flight permits for flights engaged in civil aviation activities in Vietnam,
including flights of Vietnamese and foreign aircraft for civil purposes;
special flights of Vietnam, escort or preparation flights of such special
flights; foreign special flights other than those specified at Point a of this
Clause and escort or preparation flights of such special flights; and for
flights of Vietnamese and foreign official-duty aircraft other than those
specified at Points a and b of this Clause.
Article 82.- Conditions
for grant of flight permits
1. The grant of flight permits for flights must
satisfy requirements on defense, security, aviation security and safety; public
order and interests; and must suit the capability of the air navigation
assurance system, airports and airfields.
2. The grant of flight permits for scheduled
commercial carriage flights must satisfy requirements specified in Clause 1 of
this Article and be based on the granted air carriage rights.
Article 83.-
Pre-flight, flight, and post-flight preparations
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2. Aircraft may take off from airports or
airfields only after obtaining orders of air traffic service establishments.
3. The provision of Clause 2 of this Article
also applies to official-duty aircraft.
Article 84.- Requirements
on aircraft and crews operating in Vietnamese territory
1. When engaged in air navigation in Vietnamese
territory, an aircraft must observe the following provisions:
a/ Flying according to the permitted journey,
air route, flight region, point of entry and point of exit;
b/ Maintaining constant contact with the air
traffic service establishment; observing the administration, control and
instruction of such establishment;
c/ Landing at and taking off from airports and
airfields designated in the flight permit, except for cases of forced or urgent
landing;
d/ Complying with flight modes and the
Regulation on civil air traffic.
2. The aircraft commander shall promptly report
to the air traffic service establishment the following cases:
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b/ There appear circumstances which prompt
urgent landing and other emergency circumstances.
3. Air traffic service establishments and
airspace management units of the Ministry of Defense shall promptly inform one
another of the following cases for coordination in applying priority measures
of assistance and instruction:
a/ Cases specified in Clause 2 of this Article;
b/ Where the aircraft loses contact or the crew
loses the ability to control the aircraft.
Article 85.- Prohibited
zones and restricted zones
1. Prohibited zone means a delimited area in the
air where aircraft are banned to fly, except for Vietnamese official-duty
aircraft on duty.
Restricted zone means a delimited area in the
air where only aircraft that meet certain specific conditions can fly.
2. The Prime Minister shall decide on the
establishment of prohibited zones and restricted zones in the Vietnamese
territory for defense, security and social safety purposes.
In special cases for defense and security
reasons, the Ministry of Defense shall decide on temporary flight restrictions or
temporary flight bans in one or several areas in the Vietnamese territory;
these decisions take immediate effect.
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Article 86.- Dangerous
zones
1. Dangerous zone means a delimited area in the
air where air navigation may be endangered during specified periods of time.
2. Dangerous zones and the flight regime in
these areas shall be determined by the Ministry of Defense and notified to the
Ministry of Transport.
Article 87.- Flight
over densely populated areas
1. When flying over densely populated areas, an
aircraft must fly at elevations prescribed in the Regulation on civil air
traffic.
2. Aircraft may not make exercise or training
flights over densely populated areas, unless permitted by competent state
agencies.
Article 88.- Discharge
of fuel, drop of baggage, cargo or other articles from aircraft
An aircraft in flight may not discharge fuel or
drop baggage, cargo or other articles from the aircraft. If, for reasons of
safety for the flight or performance of rescue tasks in emergency circumstances
or other flight tasks in public interests, an aircraft may discharge fuel or
drop baggage, cargo or other articles from the aircraft in areas designated by
the Ministry of Transport after consulting the Ministry of Natural Resources
and Environment.
Article 89.- Announcement
of aviation information
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Article 90.- Coercion
of aircraft in violation
Aircraft that violate prohibited or restricted
zones or violate the Regulation on civil air traffic, regulations on management
of civil flights, management and use of the airspace and fail to obey orders of
air traffic service establishments may be subject to the application of the
measure of interception to force landing at an airport or airfield or other
coercive measures applicable to aircraft. This provision also applies to
official-duty aircraft.
Article 91.-
Coordinated management of civil and military air navigation
1. Principles for coordinated management of
civil and military air navigation include:
a/ Assurance of requirements on defense,
security, safety and efficiency of civil aviation activities;
b/ Compliance with the provisions of this Law,
for aircraft flying along the air routes, in the airspace of civil airfields or
in the flight zones in service of general aviation in the airspace of Vietnam
and the flight information region under the management of Vietnam;
c/ Performance of professional operations and
settlement of matters arising within the scope of their tasks and powers.
2. Contents of coordinated management of air
navigation include:
a/ Organizing the airspace and establishing air
routes and developing flight modes;
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c/ Granting flight permits, making flight plans
and providing information on air navigation;
d/ Using air navigation assurance services;
e/ Conducting search and rescue;
f/ Managing special-purpose flights, including
flights for photographing, geological survey, film shooting from the air,
drilling, training and experimental flights using radio communication equipment
other than equipment on board aircraft, and flights into restricted zones.
Article 92.- Management
of obstacles
1. Management of obstacles means the making of
statistics on, marking, announcement, management, grant of permits for use of
the air and disposal of natural and artificial obstacles that may affect the
safety of air navigation.
2. The Ministry of Transport shall publicly announce
obstacle limitation surfaces in airfields; limited areas for ensuring the
normal operation of aeronautical radio stations; the limits of obstacles in
areas adjacent to airports and airfields and the list of natural and artificial
obstacles that may affect the safety of air navigation.
3. Organizations and individuals building,
managing or using high-rises, technical facilities and equipment, power
transmission lines, technical radio equipment and other facilities which may affect
the safety of air navigation shall affix identification signs and equipment
thereto in accordance with this Law and bear all costs arising therefrom.
4. It is prohibited to build shooting ranges
affecting aviation safety and to arrange the shooting direction of shooting
ranges crossing air routes.
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1. The management of frequency bands used by
aeronautical radio stations and of aeronautical communication, navigation and
surveillance systems shall comply with the telecommunications law.
2. Organizations and individuals using
communication stations or other equipment must neither obstruct nor affect
normal operations of aeronautical radio stations; must stop the use of, and
promptly relocate their communication stations or equipment which obstruct and
affect normal operations of aeronautical radio stations.
Article 94.- Specific
provisions on management of air navigation
1. The Government shall stipulate in detail the
organization and use of the airspace, the grant of flight permits; coordinated
management of civil and military air navigation; management of special-purpose
flights; and management of obstacles.
2. The Ministry of Defense shall assume the
prime responsibility for, and coordinate with the Ministry of Transport in
stipulating modes of interceptive flight to force aircraft to land at airports
or airfields, and other coercive measures applicable to aircraft.
3. The Ministry of Post and Telematics shall
assume the prime responsibility for, and coordinate with the Ministry of
Transport in, stipulating the management and use of radio frequencies of
aeronautical operations.
Section 2. AIR NAVIGATION
ASSURANCE SERVICES
Article 95.- Air
navigation assurance services
1. Air navigation assurance services are necessary
services to ensure safety, regularity, continuity and efficiency for air
navigation, including air traffic service, aeronautical communication,
navigation and surveillance service, meteorological service; aeronautical
information notification service, and search and rescue service.
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3. Organizations and individuals conducting air
navigation in the flight information region under the management of Vietnam
shall be provided with air navigation assurance services.
4. Enterprises providing air navigation
assurance services must have service provision establishments and technical and
equipment systems with operation permits granted by the Ministry of Transport.
Enterprises applying for such operation permits shall pay a fee.
Article 96.- Air
traffic services
1. Air traffic services include flight
administration service, flight information service, air traffic consultancy
service and alarming service.
2. Aircraft flying in a specified airspace must
be administered by an air traffic service establishment.
3. Air traffic service establishments shall
coordinate with concerned units in managing and administering civil aviation
activities.
Article 97.- Air
traffic service enterprises
1. Air traffic services are provided by state
enterprises.
The establishment and operation of air traffic
service enterprises shall comply with the provisions of this Law and the
enterprise law. The Minister of Transport shall decide on the establishment of
air traffic service enterprises.
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a/ Compliance with the planning and strategy on
development of the civil aviation sector;
b/ Having a plan on appropriate organizational
apparatus;
c/ Having a plan on appropriate infrastructure
and technical systems, equipment and facilities;
d/ Having a plan on employees who have
appropriate permits and certificates for operating technical systems, equipment
and facilities and operation manuals.
Article 98.- Rights and
obligations of air traffic service enterprises
1. To provide fully and continuously air traffic
services.
2. To provide other air navigation assurance
services as assigned by the Ministry of Transport.
3. To maintain contact and closely collaborate
with air traffic service establishments of neighboring states in providing
flight administration services to ensure safety, regularity, continuity and
efficiency for the operation of aircraft along air routes and in the flight
information region under the management of Vietnam.
4. To comply with regulations on management, use
and safeguarding of the airspace, the Regulation on civil air traffic and
documents guiding air navigation assurance.
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6. To join and coordinate with concerned
agencies and units in responding to circumstances of emergency or illegal
interference in civil aviation activities and air defense operations.
7. To have other rights and obligations as
provided for by the enterprise law.
Article 99.- Rights and
obligations of enterprises engaged in providing communication, navigation and
surveillance services, meteorological service, aeronautical information
notification service, and search and rescue service
1. To provide aeronautical communication,
navigation and surveillance service, meteorological service, aeronautical
information notification service, and search and rescue service as assigned by
the Ministry of Transport or as contracted.
2. To have other rights and obligations as
provided for by the enterprise law.
Article 100.- Specific
provisions on assurance of air navigation
The Minister of Transport shall stipulate in
detail the organization and management of air navigation assurance activities;
conditions and procedures for grant of operation licenses to establishments
providing air navigation assurance services, and technical systems and
equipment for air navigation assurance.
Section 3. SEARCH AND RESCUE
Article 101.- Notification
of danger and distress
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An aircraft shall be considered to be in
distress if it has a serious breakdown when taxiing, taking off, flying or
landing or it is completely destroyed or if it is forced to land outside an
airfield.
2. An aircraft in danger or distress must
release signals and notify the air traffic service establishment for
assistance; when in danger or distress on the sea, it must also release signals
to seagoing vessels and maritime rescue and search centers.
3. Upon receipt of signals, notices or reports
on aircraft in danger or in distress, the air traffic service establishments
shall immediately notify search and rescue service establishments thereof.
4. The provision of Clause 3 of this Article
also applies to official-duty aircraft.
Article 102.- Coordination
of search and rescue activities
1. Air traffic service establishments shall
coordinate with rescue and salvage service establishments in applying every
necessary measure in a timely manner to assist aircraft in danger or distress,
passengers, crew members and property on board.
2. When an aircraft is in danger or distress at
an airport, an airfield or an area adjacent thereto, the airport authority
shall coordinate with the search and rescue service establishment and People's
Committees at all levels in searching for and rescuing the aircraft, persons
and property.
3. When an aircraft is in danger or distress
outside areas specified in Clause 2 of this Article, the search and rescue service
establishment shall coordinate with People's Committees at all levels and other
agencies and organizations in searching for and rescuing the aircraft, persons
and property.
4. The search for and rescue of an aircraft
having Vietnamese nationality in danger or distress in the territory of a
foreign state shall comply with the laws of the state in which the aircraft is
in danger or distress.
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6. People's Committees at all levels shall
participate in civil aviation search and rescue, preserve aircraft and property
on board which are in distress in localities outside airport or airfield areas.
7. Air carriage enterprises shall participate in
air search and rescue at the request of search and rescue service
establishments.
Article 103.- Search
and rescue responsibilities
1. Air traffic service establishments and search
and rescue service establishments shall immediately conduct search for aircraft
in danger or distress.
2. When all available measures have been taken
to search for an aircraft in distress, its passengers and crew but are in vain,
the Ministry of Transport shall decide to terminate operations to search for
such aircraft.
3. An aircraft shall be considered missing from
the date there is a decision on termination of search operations.
4. The aircraft operator shall remove the aircraft
from the place where it is crashed at the request of a competent state agency
and shall bear all related expenses.
Section 4. INVESTIGATION
INTO AIRCRAFT INCIDENTS AND ACCIDENTS
Article 104.- Aircraft
incidents and accidents
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2. Aircraft accident is an occurrence associated
with the operation of an aircraft which takes place between the time any person
boards the aircraft with the intention of flight until such time as all such
persons have disembarked, in which:
a/ A person suffers a fatal or serious injury as
a result of being in the aircraft direct contact with any part of the aircraft,
including parts which have become detached from the aircraft, or direct
exposure to jet blast, except when the injuries are from natural causes,
self-inflicted or inflicted by other persons, or when the injuries are to
stowaways hiding outside the areas normally available to the passengers and
crew;
b/ The aircraft sustains damage or structural
failure which adversely affects the structural strength, performance or flight
characteristics of the aircraft, and would normally require major repair or
replacement of the affected component, except for engine failure or damage,
when the damage is limited to the engine, its cowlings or accessories; or for
damage limited to propellers, wing tips, antennas, tyres, brakes, fairings,
small dents or puncture holes in the aircraft skin;
c/ The aircraft is missing or is completely
inaccessible.
Article 105.- Purposes
of and procedures for investigation into aircraft incidents and accidents
1. An aircraft incident or accident occurring in
the Vietnamese territory must be investigated. An incident or accident
occurring outside the Vietnamese territory to an aircraft having Vietnamese
nationality or an aircraft operated by a Vietnamese organization or individual
shall be investigated in accordance with treaties to which the Socialist
Republic of Vietnam is a contracting party.
2. Aircraft incident or accident investigation
aims to identify the incident or accident causes and measures to be applied to
prevent future incidents and accidents.
3. The Government shall stipulate procedures for
investigation into aircraft incidents and accidents.
Article 106.- Responsibilities
for investigating into aircraft incidents and accidents
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2. When an aircraft accident occurs in the
Vietnamese territory or the flight information region under the management of
Vietnam, the Ministry of Transport shall report it to the International Civil
Aviation Organization and notify the state in which the aircraft is registered,
the state of the aircraft operator, the state of manufacture of the aircraft,
the state in which the aircraft is designed and other related states in
accordance with treaties to which the Socialist Republic of Vietnam is a
contracting party.
3. Competence to organize investigations into
aircraft incidents or accidents is as follows:
a/ The Ministry of Transport shall organize
investigations into aircraft incidents or accidents stipulated in Clause 1 and
at Point b, Clause 2, Article 104 of this Law; and coordinate with agencies
managing official-duty aircraft in investigating accidents related to
official-duty aircraft;
b/ The aircraft accident investigation committee
set up by the Prime Minister shall organize investigations into aircraft
accidents specified at Points a and c, Clause 2, Article 104 of this Law.
4. When an aircraft accident occurs, the
accident investigation agency has the following duties:
a/ To investigate to clarify the event,
conditions, circumstances, cause and extent of the damage caused by the
accident;
b/ To apply measures to restrict any possible
damage;
c/ To publicize in time information and
documents related to the accident;
d/ To coordinate with concerned agencies and
organizations as well as local authorities in investigating the accident and
give guidance on prevention of future aircraft accidents.
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Article 107.- Rights
of agencies investigating into aircraft incidents and accidents
1. When conducting investigations, the aircraft
incident or accident investigation agency has the following rights:
a/ To get on board the aircraft to clarify
details of the incident or accident;
b/ To check and examine the aircraft, equipment,
devices and property in the aircraft suffering the incident or accident and any
related aircraft and property;
c/ To authorize capable agencies and
organizations to conduct research and perform jobs related to the aircraft
incident or accident investigation;
d/ To requisition capable persons to verify matters
related to the aircraft incident or accident;
e/ To study matters related to the aircraft
incident or accident, training and coaching of aviation personnel, flight
assurance and making; psychology and constitution of crew members and related
aviation personnel;
f/ To request, receive and study information and
documents from agencies, organizations and individuals involved in the aircraft
incident or accident.
2. In case of a fatal accident, the aircraft
accident investigation agency has the right to decide to keep bodies of dead
persons for investigation purposes.
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1. Agencies, organizations and individuals shall
promptly report information on aircraft incidents or accidents to local
authorities, search and rescue service establishment or an agency or unit in
the aviation sector in the nearest place and help search and rescue persons,
property and protect aircraft in distress.
Local People's Committees receiving information
on aircraft incidents or accidents shall promptly notify the Ministry of
Transport thereof.
2. Related agencies, organizations and
individuals shall protect aircraft suffering incidents or accidents and
equipment, devices and property on board to serve investigation work and hand
over evidences to the aircraft incident or accident agency or the local
People's Committee in the nearest place.
3. Those who deliberately conceal information on
an aircraft incident or accident, distort information, damage or destroy checking
equipment and other evidences related to an aircraft incident or accident
shall, depending on the nature and seriousness of their acts, be
administratively sanctioned or examined for penal liability.
4. The provisions of Clauses 1, 2 and 3 of this
Article also apply to official-duty aircraft.
Chapter VI
AIR CARRIAGE
Section 1. AIR CARRIAGE
ENTERPRISES
Article 109.- Air
carriage business
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Scheduled air carriage means carriage by air on
scheduled flights, according to announced flight schedules and publicly opened
to public use.
Non-scheduled air carriage means air carriage
which does not have all elements of scheduled air carriage.
2. Air carriage business means a conditional
business line conducted by air carriage enterprises (hereinafter referred to as
airlines).
Article 110.- Conditions
for grant of air carriage business licenses
1. An enterprise may be granted an air carriage
business license when fully meeting the following conditions:
a/ Having a business registration certificate
showing that the major business line is air carriage;
b/ Having a plan on assurance of the
availability of aircraft for operation;
c/ Having an organizational apparatus, employees
who have appropriate permits and certificates and are capable of operating
aircraft and dealing in air carriage;
d/ Meeting capital conditions as stipulated by
the Government;
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f/ Having a head office and principal place of
business in Vietnam.
2. A foreign-invested enterprise may be granted
an air carriage business license when fully meeting the conditions specified in
Clause 1 of this Article and the following conditions:
a/ The foreign party's capital contribution
proportion complies with regulations of the Government;
b/ The enterprise's representative by law is a
Vietnamese citizen and foreigners account for not more than one third of the
total number of members of its executive apparatus.
3. The Minister of Transport shall grant air
carriage business licenses after obtaining permission of the Prime Minister.
4. Enterprises applying for air carriage
business licenses shall pay a fee.
5. The Government shall specify conditions,
order and procedures for the grant of air carriage business licenses.
Article 111.- Carriage
rules
1. Carriage rules constitute an integral part of
an air carriage contract, stipulating the carrier's conditions of carriage by
air of passengers, baggage, cargo and postal items .
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3. Airlines shall issue their carriage rules and
register them with the Ministry of Transport.
Section 2. OPERATION OF AIR
CARRIAGE
Article 112.- Right to
air carriage
1. Right to air carriage means the right to
commercially operate air carriage under conditions on airlines, air routes,
aircraft in operation, flights and subjects of carriage.
2. Airlines shall deal in air carriage within
the scope of the right to air carriage defined by the Ministry of Transport,
and may not buy or sell this right or commit banned acts of competition
restriction or unfair competition.
3. Airlines may carry out trade promotion
activities and deal in air carriage after they are granted by the Ministry of
Transport the right to air carriage.
Article 113.- Procedures
for grant of the right to air carriage
1. Vietnamese airlines applying for the right to
air carriage shall send dossiers to the Ministry of Transport. Such a dossier
comprises:
a/ An application for the right to air carriage;
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c/ A report on proposed air routes and operation
plan;
d/ Documents certifying the legal person status
and operation charter of the airline.
2. Foreign airlines applying for the right to
scheduled air carriage shall send dossiers to the Ministry of Transport. Such a
dossier comprises:
a/ Documents specified in Clause 1 of this
Article;
b/ A document issued by the state of the foreign
airline designating, or certifying the designation of, such airline to have the
right to operate air carriage in accordance with treaties to which the
Socialist Republic of Vietnam is a contracting party.
3. The Ministry of Transport shall consider and
decide whether or not to grant the right to scheduled air carriage within ten
working days after the date of receipt of complete dossiers.
4. An airline has its right to scheduled air
carriage revoked in the following cases:
a/ Seriously violating the provisions of law on
assurance of aviation safety, aviation security and operation of air carriage;
b/ Failing to start air carriage within twelve
months after the date of grant of the right to air carriage;
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d/ As provided for by treaties to which the Socialist
Republic of Vietnam is a contracting party.
5. The right to non-scheduled air carriage shall
be granted together with flight permits.
6. Vietnamese airlines shall supply copies of cooperation
contracts directly related to the right to air carriage and relevant documents
to the Ministry of Transport for consideration and approval. The time limit for
consideration and approval of contracts is seven working days, counting from
the date of receipt of all of these documents.
Article 114.- Right to
international air carriage
1. International air carriage is carriage by air
over the territories of more than one state.
The exchange of the right to air carriage
between Vietnam
and other states must ensure fairness and equality in the opportunity to
operation and in the interests and obligations between Vietnamese and foreign
airlines.
2. The right to scheduled international air
carriage to and from Vietnam
shall be granted on the basis of market demand, the capability of airlines, the
balanced development of flight route networks, on the basis of and in
accordance with treaties to which the Socialist Republic of Vietnam is a
contracting party. When Vietnam
does not yet accede to a treaty on air carriage, the Minister of Transport may
permit airlines to temporarily operate scheduled international air carriage to
and from Vietnam.
3. The right to non-scheduled international air
carriage to and from Vietnam
shall be granted on the basis of market demand without adversely affecting
scheduled carriage.
Article 115.- Right to
domestic air carriage
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2. The right to domestic air carriage shall be
granted to Vietnamese airlines on the basis of market demand, the capability of
these airlines, the balanced development of air route networks, and national
socio-economic development objectives.
3. The Ministry of Transport shall designate
Vietnamese airlines, which are state enterprises, to operate air routes to
areas with particularly difficult socio-economic conditions, mountainous,
deep-lying and remote areas where there are essential needs for public air
carriage.
4. A foreign airline may participate in domestic
air carriage after it obtains permission of the Minister of Transport in the
following cases:
a/ Prevention or combat of natural calamities or
epidemics;
b/ Supplying emergency humanitarian relief.
Article 116.- Air
carriage freight rates
1. Airlines shall notify air carriage freight
rates for international routes to and from Vietnam
upon request of the Ministry of Transport, unless otherwise provided for by
treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Domestic air carriage freight rates shall be
decided by airlines within the freight rate frame prescribed by the Ministry of
Finance at the request of the Ministry of Transport.
Article 117.- Combined
carriage
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2. Parties to an air carriage contract may
indicate in air waybills, cargo receipts and passenger tickets conditions
relating to other modes of carriage.
Article 118.- Successive
carriage
1. In case of air carriage performed by various
successive carriers, each of such successive carriers shall be deemed to be one
of the parties to the carriage contract.
2. In case of passenger carriage, passengers or
persons entitled to claim compensation may initiate a lawsuit against any
successive carrier which performed the carriage during which the accident or
the delay occurred, unless the first carrier has assumed liability for the
whole journey.
3. In case of carriage of baggage or cargo, the
passenger or consignor is entitled to initiate a lawsuit against the first
carrier; and the passenger or consignee is entitled to initiate a lawsuit
against the last carrier; each carrier may initiate a lawsuit against the
carrier which performed the carriage during which the loss, lack, damage or
delay took place. These carriers must be jointly and severally liable to the
passenger or to the consignor or consignee.
Article 119.- Simplification
of procedures in air carriage
1. Aircraft, crews, passengers, baggage, cargo
and postal items to and from Vietnam
shall be facilitated in entry, exit, customs, quarantine and other inspection
procedures.
2. Related organizations and individuals shall
supply devices, equipment and services to ensure the quick clearance of air
carriage, exit, entry, customs, quarantine and other inspection procedures for
aircraft, crews, passengers, baggage, cargo and postal items at airports or
airfields.
3. Passengers, baggage, cargo and postal items
in transit in Vietnam
without departing from the transit lounge are exempt from entry, exit and
customs procedures.
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1. International carriage involving many points
in Vietnam
means international air carriage involving at least two points of arrival or
two points of departure in the Vietnamese territory.
2. During international carriage involving many
points in Vietnam, at the first point of arrival and the last point of departure,
aircraft, crews, passengers, baggage, cargo and postal items are subject to
regulations applicable to air carriage, entry, exit, customs and quarantine
procedures at international transit points, unless otherwise provided for by
law.
Article 121.- Reporting
and supply of statistical data
1. Vietnamese airlines shall report to the
Ministry of Transport on a periodical basis or upon request on their long-term
and annual production and business plans and results and supply statistics on
air carriage.
2. Foreign airlines operating in Vietnam
shall supply relevant statistics on air carriage at the request of the Ministry
of Transport.
3. Statistics on air carriage include statistics
on passengers, cargo and postal items already carried, on aircraft fleet and
flight crew members, and on the financial status.
Article 122.- Air
carriage service business
1. Vietnamese and foreign airlines may sell or
deliver passenger tickets or air waybills directly at ticket sale offices or
agents on the basis of agent designation contracts or via e-transactions.
Ticket sale offices are branches of an airline
which perform the duty of selling its tickets.
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Article 123.- Conditions
and procedures for opening representative offices and ticket sale offices of
foreign airlines
1. A foreign airline may open representative
offices or ticket sale offices in Vietnam
when meeting the following conditions:
a/ Having been established and operating by the
law of the state in which the airline is headquartered;
b/ The right to legal control rests with the state
in which the airline is headquartered.
2. A foreign airline wishing to open
representative offices or ticket sale offices shall send a dossier to the
Ministry of Transport. Such a dossier comprises:
a/ An application for a permit for the opening
of a representative office or ticket sale office;
b/ Document certifying the airline's legal
person status and its operation charter;
c/ Written certification of the conditions
specified in Clause 1 of this Article, issued by competent authorities of the
state in which the airline is headquartered, except for airlines which have
been granted the right to scheduled air carriage to Vietnam;
d/ Papers certifying the right to use the house
where the representative office or ticket sale office is to be based;
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3. The Ministry of Transport shall consider and
decide whether to grant permits for the opening of representative offices or
ticket sale offices to foreign airlines within seven working days after the
date of receipt of complete dossiers stated in Clause 2 of this Article.
4. Foreign airlines applying for permits for the
opening of representative offices or ticket sale offices shall pay a fee.
5. The permit for the opening of a
representative office or ticket sale office granted to a foreign airline shall
be revoked in the following cases:
a/ Failing to meet the conditions specified in
Clause 1 of this Article;
b/ Failing to commence operation within twelve
months from the date of grant of the permit;
c/ Ceasing the sale of tickets for twelve
consecutive months;
d/ Operating for improper purposes or in
contravention of the contents of the permit;
e/ Committing acts of cheating customers;
f/ Seriously breaching regulations on air
carriage business or operation of the computerized booking system;
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Article 124.- Rights
and obligations of foreign airlines' representative offices and ticket sale
offices
1. To operate for proper purposes, within the
scope and the term indicated in their permits.
2. To lease offices, lease and procure equipment
and articles necessary for their operation.
3. To recruit employees who are Vietnamese or
foreigners to work at the offices in accordance with the Vietnamese law on
labor.
4. To open accounts for foreign currency amounts
and Vietnamese currency amounts of foreign origin at banks operating in Vietnam
and use such accounts for the offices' activities only.
5. To have a seal bearing the name of the office
in accordance with the Vietnamese law on enterprises.
6. Representative offices may not conduct
activities which generate profits directly in Vietnam,
enter into contracts, except for the cases specified in Clauses 2, 3 and 4 of
this Article, amend or supplement contracts already entered into by their
airlines, except for contracts entered into by themselves or when their chiefs
have a lawful authorization paper issued by their airline.
7. To pay taxes, charges and fees, fulfill
financial obligations and implement the accounting regime in accordance with
Vietnamese law.
8. To report on their activities on a periodical
basis or upon request to the Ministry of Transport.
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1. Foreign airlines wishing to designate ticket
sale agents in Vietnam
must meet the conditions specified in Clause 1, Article 123 of this Law.
2. Ticket sale agents of foreign airlines may
sell tickets only after they register contracts on designation of ticket sale
agents with the Ministry of Transport.
3. A dossier of contract registration comprises:
a/ An application for registration of the
contract on designation of ticket sale agent;
b/ Document certifying the airline's legal
person status and its operation charter;
c/ The notarized contract on designation of
ticket sale agent;
d/ The ticket sale agent's business registration
certificate.
4. The Ministry of Transport shall consider and
decide whether to grant certificates of registration of contracts on
designation of ticket sale agents within seven working days after the date of
receipt of complete dossiers stated in Clause 3 of this Article.
5. Ticket sale agents of foreign airlines shall
pay a fee.
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1. Computerized booking system is a computerized
system supplying information on flight schedules, the situation of seats on
flights and air carriage freights, through which the booking of seats on
flights is effected.
2. An enterprise dealing in a computerized
booking system shall abide by the following principles:
a/ Equality and non-discrimination among service
users;
b/ Users shall not be forced to use its services
or equipment only;
c/ The display of information on the computer
monitor on flight schedules, the situation of seats on flights and air carriage
freights must be complete, fair and non-discriminatory;
d/ Service charges must be set on the basis of
reasonable costs and applied to all users without discrimination;
e/ Customers' personal information shall be kept
secret, unless upon request of competent state agencies.
Article 127.- Supervision
and inspection of operation of air carriage
Vietnamese and foreign airlines operating in Vietnam
shall submit to the supervision and inspection by the Ministry of Transport in their
implementation of regulations on operation of air carriage and assurance of
aviation safety and security.
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Article 128.- Contract
of cargo carriage
1. Contract of cargo carriage is an agreement
between the carrier and carriage hirer, whereby the carrier is obliged to carry
cargo to the place of destination and deliver cargo to the entitled consignee;
and the carriage hirer is obliged to pay carriage freight.
The carrier is an organization providing the
service of commercial carriage by air.
2. Air waybills and other written agreements
between the parties, carriage charters and freight rate tables are documents of
contracts of cargo carriage.
Article 129.- Air
waybills and cargo receipts
1. Air waybill is a document of cargo carriage
by air and constitutes an evidence of the conclusion of the contract, the
receipt of the cargo and the acceptance of the conditions stated in the
contract.
2. Air waybills must be used for the carriage of
cargo by air. In case a means which preserves the information on the carriage
of cargo is substituted for the delivery of an air waybill, the carrier shall,
if so requested by the consignor, deliver to the consignor a cargo receipt
permitting identification of the cargo.
3. The carrier shall pay compensations to the
consignor for damage caused due to the fault of the carrier or its servants or
agents in the entry of inaccurate or insufficient information or the improper
entry of information supplied by the consignor in the information preservation
means specified in Clause 2 of this Article.
4. The existence and legal validity of a
concluded contract of cargo carriage shall not be affected if it lacks one or
some of the contents specified in Articles 130, 131, 132 and 133 of this Law.
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1. Places of departure and destination.
2. Agreed stopping places in case of carriage
involving the departure and destination places being within the territory of a
single state and one or more agreed stopping places agreed being with the
territory of another state.
3. Weight and kinds of the cargo.
Article 131.- Making
out of air waybill
1. The air waybill shall be made by the
consignor in three originals. The first part, signed by the consignor, shall be
handed to the carrier. The second original, signed by the consignor and by the
carrier, shall be handed to the consignee. The third original, signed by the
carrier, shall be handed to the consignor after the cargo has been received.
2. The signatures of the carrier and consignor
may be printed or stamped.
3. The making out of the air waybill by the
carrier at the request of the consignor shall be deemed as an action on behalf
of the consignor, unless there is proof to the contrary.
Article 132.- Document
relating to the nature of the cargo
The consignor shall be required, if necessary,
to produce a document indicating the nature of the cargo upon request of
customs, police or other competent agencies. This provision shall create no
liability or obligation for the carrier.
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When carrying many cargo packages, the carrier
is entitled to request the consignor to make out separate air waybills for each
cargo package. If a means which preserves the information on the carriage of
cargo is used to substitute for the delivery of an air waybill as provided for
in Clause 2, Article 129 of this Law, the consignor is entitled to request the
carrier to issue separate cargo receipts for each cargo package.
Article 134.- Cases of
rejection of carriage of cargo
1. The cargo to be carried is of a kind other
than those agreed upon.
2. The consignor fails to comply with the
conditions and instructions of the carrier on package, packing, signs and codes
of the cargo.
Article 135.- The
consignor's responsibilities for the supply of information
1. To be accountable for the accuracy of
information and statements in the air waybill relating to the cargo or supplied
for preservation in the means mentioned in Clause 2, Article 129 of this Law.
2. To supply necessary information and documents
at the request of customs, police and other competent agencies before the cargo
is delivered to the consignee. The carrier shall not be obliged to check the
accuracy and completeness of information or documents supplied by the
consignor.
3. To pay compensations for damage caused to or
incurred by the carrier because of the supply of inaccurate, incomplete or
irregular information.
Article 136.- Delivery
of cargo
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2. Except for the case specified in Article 139
of this Law, the consignee is entitled to request the carrier to deliver the
cargo, upon arrival of the cargo at the place of destination, to it, after
paying the expenses appropriate to the conditions of carriage.
3. If the carrier admits the loss of the cargo,
or if the consignee fails to receive the cargo seven days after the date on
which the cargo ought to have arrived at the place of destination, the
consignee or consignor may exercise the right to complain or initiate a lawsuit
under the provisions of Article 170 of this Law.
Article 137.-
Relations of consignor and the consignee or mutual relations with third parties
1. The consignor and the consignee can
respectively exercise all the rights given to them in Article 139 of this Law,
each in its own name, regardless of whether it is acting in its own interest or
in the interest of another, provided that it performs the obligations imposed
under the contract of cargo carriage.
2. The provisions of Clause 1 of this Article,
Articles 136 and 139 of this Law do not affect the relations of the consignor
and the consignee as well as mutual relations with third parties who have their
rights arising from the consignor or the consignee.
3. The contents specified in Clause 1 of this
Article, Article 138 and Article 139 of this Law may be otherwise agreed upon
by the parties but must be indicated in the air waybill or the cargo receipt.
Article 138.- Evidentiary
value of air waybills and cargo receipts
1. Data recorded in the air waybill or the cargo
receipt on the weight, dimensions and packing of the cargo and the number of
cargo packages serve as prima facie evidence for lodging a complaint or
initiating a lawsuit against the carrier.
2. Date recorded in the air waybill or the cargo
receipt on the quantity, volume and condition of the cargo are not of
evidentiary value for lodging complaints or initiating lawsuits against the
carrier, unless such data are certified in the air waybill or the cargo receipt
that they have been checked in the presence of the consignor or such data
relate to the apparent condition of the cargo.
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1. The consignor is entitled to withdraw the
cargo at the airport of departure or destination, stop the cargo at any
permitted landing place in the course of the journey, request it to be
delivered to another consignee at the place of arrival or another place in the
course of the journey, or request it to be returned to the airport of
departure.
The consignor must not exercise the right of
disposition in case the exercise of such right will impede normal operations of
the carrier or cause hindrances to other consignors. The consignor shall pay
expenses incurred from the exercise of the right specified in this Clause.
2. If it is impossible to carry out the
consignor's request, the carrier shall promptly notify the consignor thereof.
3. If the carrier carries out the consignor's
request but does not get back the air waybill or cargo receipt already
delivered to the latter, the carrier is liable for any damage which may be
caused thereby to any person who has the right related to such air waybill or
cargo receipt.
4. The consignor's right of disposition of cargo
terminates at the time when the consignee requests the carrier to deliver the
cargo to the consignee. If the consignee refuses to receive the cargo or the
cargo cannot be delivered to the consignee, the consignor shall still have the
right to disposition of such cargo.
Article 140.- Refusal
to receive cargo or cargo with no consignee
If the consignee refuses to receive the cargo or
there is no consignee, the carrier is obliged to keep such cargo and notify the
consignor thereof. The consignor shall pay expenses incurred from the
preservation of such cargo.
Article 141.- Delivery
of secondary air waybills
1. The secondary air waybill constitutes an
evidence of the conclusion of the contract of cargo forwarding for carriage by
air between the forwarding enterprise and the consignor, the conditions of the
contract, and the acceptance of the cargo for carriage.
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a/ An application for registration of delivery
of secondary air waybills;
b/ The business registration certificate;
c/ The form of secondary air waybills in consistency
with the contents of an air waybill specified in Article 130 of this Law;
d/ The business registration certificate of the
foreign enterprise, in case of acting as an agent to deliver secondary air
waybills for a foreign forwarding enterprise.
3. The Ministry of Transport shall consider and
decide whether or not to grant certificates of registration of delivery of
secondary air waybills within seven working days after the date of receipt of
complete dossiers as provided for in Clause 2 of this Article.
4. Enterprises applying for certificates of
registration of delivery of secondary air waybills shall pay a fee.
Article 142.-
Liquidation of cargo
1. The cargo shall be liquidated in case the consignee
refuses to receive it or it is impossible to carry the cargo to the consignee
while the consignor refuses to receive back the cargo or fails to reply on the
receipt back of cargo within sixty days after the date it receives a notice
thereon from the carrier; perishable cargo may be liquidated earlier.
2. Proceeds from the liquidation of the cargo
less expenses related to its carriage, preservation and liquidation must be
returned to the persons entitled to such proceeds; past one hundred eighty days
counting from the date of liquidation of the cargo, if the persons entitled to
such proceeds do not come to receive, the remaining sum shall be remitted into
the state budget.
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Section 4. CARRIAGE OF
PASSENGERS AND BAGGAGE
Article 143.-
Passenger and baggage carriage contracts
1. Contract on air carriage of passenger and baggage
is an agreement between the carrier and the passenger whereby the carrier shall
carry the passenger and baggage to a place of destination and the passenger
shall pay a freight.
2. Passenger tickets, carriage rules, freight
rates and other written agreements between the two parties shall constitute
documents of a contract of passenger and baggage carriage.
Article 144.- Passenger
tickets, baggage checks
1. Passenger ticket is a document on the
carriage of passenger by air and an evidence of the conclusion of the contract
and the conditions thereof. Passenger tickets shall be delivered to individuals
or collectives, containing the following details:
a/ The places of departure and destination;
b/ If the places of departure and destination
are within the territory of a single state, one or more agreed stopping places
being within the territory of another state, an indication of at least one such
stopping place.
2. A means which preserves the information
indicated in Clause 1 of this Article may be substituted for the delivery of a
passenger ticket; if such a means is used, the carrier shall notify passengers
of the supply of papers recorded with the preserved information.
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4. The existence and legal validity of a
contract shall not be affected if the signed contract lacks one or some of the
details specified in Clauses 1, 2 and 3 of this Article.
Article 145.- Obligations
of the carrier when carrying passengers
1. To carry passengers and baggage to the agreed
place of destination and to deliver the registered baggage to persons entitled
to receive.
2. To promptly notify passengers of information
about the flight, to take care of passengers, especially those with disability
or in need of care during the carriage.
3. When a passenger's seat has been confirmed in
the flight but the carriage is interrupted or delayed due to a fault not caused
by the passenger, the carrier shall promptly notify the passenger thereof, arrange
accommodation and travel for the passenger and pay all directly related
expenses relevant to the waiting time at the airport as stipulated in the
carriage rules.
4. When a passenger's seat has been confirmed in
the flight but the carriage is interrupted or delayed due to a fault caused by
the carrier, apart from performing the obligation prescribed in Clause 3 of
this Article, the carrier shall also have to arrange an appropriate journey for
the passenger as stipulated in the carriage rules or reimburse the unused
portion of the fare at the request of the passenger without collecting any
related charges.
5. If, due to the carrier's fault, a passenger
whose seat has been confirmed in the flight is not carried or his/her flight is
cancelled without prior notice, the carrier shall perform the obligations
specified in Clauses 3 and 4 of this Article, and pay a non-refundable
compensation amount in advance to the passenger. The Minister of Transport
shall specify the time for prior notice and non-refundable advance
compensations after consulting the Minister of Finance. If the carrier has to
pay damages for his/her civil liability, this amount shall be subtracted from
damages.
Article 146.- Refusal
to carry passengers who have tickets and seats confirmed in the flight or
during journey
1. Due to the health conditions of a passenger,
the carrier recognizes that the carriage or continued carriage may cause harms
to such passenger, other passengers on board the aircraft or to the flight.
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3. The passenger fails to observe regulations on
assurance of aviation safety and security and operation of air carriage.
4. The passenger commits an act of disturbing
public order, endangering the safety of the flight or affecting others' life,
health and property.
5. Passengers cannot control their acts under
the influence of alcohol, beer or other stimulants.
6. For security reasons.
7. At the request of competent state agencies.
Article 147.- Rights
of passengers
1. To be informed in writing of the limits of
the carrier's liability for damage sustained in case of death or injury of a
passenger, damage to or loss of baggage, and delay.
2. If a passenger cannot be carried due to the
carrier's fault, the passenger is entitled to request the carrier to arrange an
appropriate journey or refund the unused portion of the fare.
3. In the cases specified in Article 146 of this
Law, passengers are entitled to receive back their fare or an amount of money
equivalent to the unused portion of the fare after subtraction of a charge and
fine as stipulated in the carriage rules.
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5. To be exempt from the baggage freight within the
minimum limit stipulated in the carriage rules.
6. Children under twelve years of age going by
aircraft are entitled to fare exemption or reduction at the level stipulated in
the carriage rules.
Children between two and under twelve years of
age shall be arranged separate seats; under-two children do not have a separate
seat and must be accompanied by adults.
Article 148.- Obligations
of passengers
1. To observe regulations on assurance of
aviation safety and security.
2. To comply with instructions of the carrier
during the journey.
3. To pay compensations for damage caused due to
their fault to the carrier or aircraft operator.
Article 149.- Carriage
of baggage
1. Baggage includes checked baggage and hand
baggage.
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Hand baggage is baggage carried by passengers on
board the aircraft and preserved by passengers during the journey.
2. Baggage of each passenger must be carried
together with the passenger on board the same aircraft, except the following
cases:
a/ Carrying strayed baggage;
b/ Baggage held back for flight safety reasons;
c/ Carrying diplomatic and consular bags;
d/ A passenger died on board the aircraft and
his/her body was taken out of the aircraft;
e/ Baggage carried like cargo;
f/ Force majeure cases.
Article 150.- Liquidation
of baggage
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2. The procedures for liquidation of baggage
shall comply with the provisions of Clause 2 and Clause 3, Article 142 of this
Law.
Section 5. CONTRACTING
CARRIAGE AND ACTUAL CARRIAGE
Article 151.- Contracting
carrier and actual carrier
1. Contracting carrier is the person entering
into a contract of air carriage with a passenger, the consignor or a
representative of the passenger or the consignor.
2. Actual carrier is the person who performs the
whole or part of the carriage under the authorization of the contracting party
but is not a successive carrier as provided for in Article 118 of this Law.
Article 152.-
Respective liabilities of contracting and actual carriers
1. The contracting carrier shall take
responsibility for the whole of the carriage agreed in the contract. The actual
carrier shall take responsibility for the part of the carriage which it
performs.
2. Acts of the contracting carrier and of its
servants and agents acting within the scope of their assigned work shall, in
relation to the part of the carriage performed by the actual carrier, be deemed
to be also those of the actual carrier. The actual carrier shall not bear the
liability exceeding the limit of liability specified in Section 1, Chapter VII
of this Law.
3. Acts of the actual carrier and of its
servants and agents acting within the scope of their assigned work shall, in
relation to the part of the carriage performed by the actual carrier, be deemed
to be also those of the contracting carrier.
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Article 153.- Addressee
of complaints or requests
1. Except for the case specified in Clause 2 of
this Article, any complaint or request may be addressed to the contracting
carrier or actual carrier.
2. Any complaint related to the right to
disposition of cargo specified in Article 139 of this Law is effective only if
addressed to the contracting carrier.
Article 154.- Limit of
liability of servants and agents
When the carriage is performed by the actual
carrier, any servant or agent of the actual carrier or of the contracting
carrier, if they prove that they acted within the scope of their assigned work,
is entitled to the limits of liability applicable to the carrier specified in
Section 1, Chapter VII of this Law.
Article 155.- Aggregate
of damages
When the carriage is performed by the actual
carrier, the aggregate of the amounts payable by the actual carrier, the
contracting carrier and their servants and agents acting within the scope of
their assigned work must not exceed the amount compensated by the contracting
carrier and actual carrier. Each carrier needs not to pay a sum in excess of
the limit of liability applicable to it.
Article 156.- Addressee
of claims
When the carriage is performed by the actual
carrier, a lawsuit for damages may be initiated against the actual carrier or
the contracting carrier or against both. If the lawsuit is brought against only
one of those carriers, that carrier is entitled to request the court to bring
the other carrier in the court proceedings.
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Article 157.- Carriage
of postal items
The carriage of postal items by air shall comply
with the provisions of this Law and the post law.
Article 158.- Carriage
of dangerous cargo
1. Dangerous cargo means articles or substances
which may cause danger to human health and life, flight safety, property or
environment.
2. The carriage by air of dangerous cargo shall
comply with the provisions of this Law and relevant laws.
3. Airlines may carry by air dangerous cargo
only when they acquire a certificate of eligibility for carriage of dangerous
cargo issued or recognized by the Ministry of Transport.
4. The Ministry of Transport shall stipulate the
conditions, order of and procedures for the issuance or recognition of
certificates of eligibility for carriage of dangerous cargo. Applicants for
such a certificate shall pay a fee.
Article 159.- Carriage
of weapons, war tools and nuclear waste
It is prohibited to carry by air weapons, war
tools and nuclear waste into or through the Vietnamese territory, except for
special cases permitted by competent state agencies. This provision shall also
apply to official-duty aircraft.
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CIVIL LIABILITY
Section 1. RIGHTS AND CIVIL
LIABILITY OF CARRIERS
Article 160.-
Compensation for damage to passengers
The carrier is liable for damage sustained in
case of death or injury of a passenger when the accident which caused the death
or injury took place on board the aircraft or in the course of any of the
operations of embarking or disembarking.
Article 161.-
Compensation of damage to cargo and baggage
1. The carrier is liable for damage sustained in
the case of loss or lack of, or damage to, cargo and checked baggage when the
event which caused the loss, lack or damage took place during the period from
the time the consignor and passenger deliver the cargo and checked baggage to
the carrier to the time the carrier returns the cargo and checked baggage to
the entitled recipient; in case of carriage of cargo, this period does not
extend to any carriage by sea, land, rail or inland waterway performed outside
an airport or airfield.
2. In case of loss or lack of, or damage to,
hand baggage, the carrier is liable only if the damage resulted from its fault.
When an amount has been compensated for the
cargo or baggage but such cargo or baggage latter arrives at the place of
destination, the consignee or passenger is still entitled to receive such cargo
and baggage and shall refund the received compensation amount to the carrier.
3. If the cargo has been received by the
carrier, any damage shall be regarded as the result of the event which took
place during the carriage by air regardless of the actual mode of transport,
except for the case the carrier proves that such damage was sustained during
the stage of carriage by sea, land, rail or inland waterway. If the carrier, without
the consent of the consignor, substitutes carriage by another mode of transport
for the whole or part of the carriage by air, the carriage by another mode
shall be deemed to be the carriage by air.
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Article 162.- Level of
compensation for damage to cargo and baggage
1. The level of compensation payable by the
carrier for the loss or lack of, or damage to, cargo and baggage is calculated
as follows:
a/ As agreed upon by the parties but not in
excess of the actual damage value;
b/ Based on the declared value upon receipt of
the cargo and checked baggage at the place of destination. When the carrier
proves that the declared value is higher than the actual value, the level of
compensation shall be calculated based on the actual damage value;
c/ Based on the actual damage value, for cargo
and checked baggage whose value is not declared;
d/ Based on the actual damage value, for hand
baggage.
2. In case of loss or lack of, or damage to,
cargo and checked baggage whose value is not declared and it is impossible to
determine the actual damage value, the level of compensation payable by the
carrier shall be up to the limits of liability provided for in Article 166 of
this Law.
Article 163.-
Compulsory insurance for carriers' liability
The carrier shall buy compulsory insurance for
the liability for the death and injury of passengers, for the loss or lack of,
and damage to, cargo and baggage, for damage caused by delay or for the
implementation of other security measures up to the limits of liability
applicable to the carrier provided for in Article 166 of this Law.
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1. The carrier is liable for damage caused by
delay, unless it proves that it and its servants and agents took all measures
to avoid the damage or that it was impossible for it or them to take such
measures.
2. The compensation sum payable for damage
caused by delay must not exceed the limits of liability provided for in Article
166 of this Law.
Article 165.- Exoneration
1. If the carrier proves that the damage was due
to the fault of the person entitled to claim compensation, it shall be wholly
or partly exonerated from its liability to the claimant corresponding to the
extent of the latter's fault.
2. In case of death or injury of a passenger, if
the carrier proves that the damage was caused by the fault of such passenger,
it shall likewise be wholly or partly exonerated from its liability
corresponding to the extent of the passenger's fault; the carrier is not liable
for the death or injury of a passenger if such damage was totally due to the
passenger's health conditions.
3. The carrier shall be partly or wholly
exonerated from its liability for the damage to the cargo or checked baggage at
a corresponding level in the following cases:
a/ Natural characteristics or inherent defect of
the cargo or checked baggage;
b/ A decision of the court or a competent state
agency in relation to the cargo or checked baggage;
c/ The break-out of war or an armed conflict;
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Article 166.- Limits
of liability applicable to the carrier
1. The carrier is entitled to the limits of
liability as follows:
a/ For carriage of passengers, the limit of
liability for the death or injury of passengers is one hundred and thousand
units of account per passenger;
b/ For carriage of cargo, the limit of liability
for damage caused by delay is four thousand one hundred and fifty units of
account per passenger;
c/ For carriage of baggage, including both
checked and hand baggage, the limit of liability for the loss or lack of, or
damage to, baggage or delay is one thousand units of account per passenger; in
case a passenger has declared the value of the delivery of checked baggage at
the place of destination and paid a supplementary charge therefor, the carrier
is liable to pay a compensation sum based on the declared value, unless it
proves that such value is higher than the actual value;
d/ For carriage of cargo, the limit of liability
for the loss, lack, damage or delay shall be seventeen units of account per
kilogram of cargo; in case the consignor has declared the value of the
acceptance of checked baggage at the place of destination and has paid a
supplementary charge therefor, the carrier shall be liable to pay a
compensation sum based on the declared value, unless it proves that such value
is higher than the actual value;
2. The unit of account is the currency
determined by the International Monetary Fund and established as the Special
Drawing Rights. It shall be converted into Vietnamese dong at the official
exchange rate publicized at the time of payment by the State Bank of Vietnam.
3. The weight of the lost, lacked, damaged or
delayed cargo package shall be taken into consideration in determining the
carrier's liability in case of carriage of cargo. If the loss or lack of, or
the damage to, or delay of, the cargo affects the value of other cargo packages
covered by the same air waybill or cargo receipt, the total weight of all cargo
packages shall be taken into consideration in determining the limit of
liability of the carrier.
4. The carrier is only entitled to the limit of
liability specified at Point a, Clause 1 of this Article if it proves that the
sustained damage was not due to his/her fault or was totally due to the fault
of a third party.
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6. In case of necessity, the Government shall
decide to increase the limits of liability provided for in Clause 1 of this
Article.
Article 167.- Agreement
on limits of liability
1. All agreements between the carrier and the
passenger, consignor and consignee aiming to exempt or reduce the limits of
liability of the carrier provided for in Article 166 of this Law shall not be
legally valid.
2. The carrier may reach agreement with the
passenger, consignor and consignee on limits of liability which are higher than
those provided for in Article 166 of this Law.
Article 168.- Compensation
for damage to carriers
If causing damage to the carrier or to third
parties to whom the carrier is liable, passengers, the consignor or the
consignee shall pay compensations to the carrier.
Article 169.- Advance
payments
1. In case of an aircraft accident resulting in
death or injury of passengers, the carrier shall make advance payments without
delay to passengers or persons who are entitled to claim compensation.
The level of such advance payment shall be
decided by the carrier and stated in the carriage rules.
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Article 170.-
Complaints and lawsuits against carriers
1. Passengers, the consignor, the consignee or
their lawful representatives are entitled to lodge complaints or initiate
lawsuits against the carrier in order to protect their infringed legitimate
rights and interests.
2. Before initiating a lawsuit about the loss or
lack of, damage to, or delay of the cargo, or checked baggage, the persons
entitled to initiate lawsuits provided for in Clause 1 of this Article shall
lodge written complaints to the carrier within the following time limit:
a/ Seven days, counting from the day of receipt
of baggage in case of loss or deficit of, or damage to, baggage;
b/ Fourteen days, counting from the date of
receipt of cargo in case of loss of or damage to the cargo; twenty one days,
counting from the date of delivery of cargo in case of loss of the cargo;
c/ Twenty one days, counting from the date the
person entitled to claim receives baggage or the cargo in case of delay in the
carriage.
3. The carrier shall notify the complainants of
the acceptance or rejection of their complaints within thirty days after the
date of receipt of such complaints. If the complaint is rejected or the
complainant receives no reply at the expiration of the said time limit, he/she
may initiate a lawsuit.
4. The initiation of lawsuits about the
carrier's liability is subject to the conditions and the limits of liability
specified in this Law.
5. If a complaint is not lodged within the time
limit specified in Clause 2 of this Article, the initiation of a lawsuit is
invalid, unless there is a fraud on the part of the carrier or a plausible
reason given by the person entitled to complain.
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1. If a complaint is lodged against a servant or
agent of the carrier arising out of damage, such servant or agent is entitled
to the limits of liability applicable to the carrier as specified in Section 1,
Chapter VII of this Law if such servant or agent proves that it acted within
the scope of its assigned work.
2. The aggregate of the amounts payable by the
carrier, its servants and agents must not exceed the limits of liability
provided for in this Law.
Article 172.- Jurisdiction
of Vietnamese courts to settle disputes in international air carriage
1. Vietnamese courts have jurisdiction to settle
disputes arising from the contract of international carriage by air of
passengers, baggage and cargo at the option of the plaintiff in the following
cases:
a/ The carrier has its head office or principal
place of business in Vietnam;
b/ The carrier has a place of business in Vietnam
at which the contract of carriage has been concluded;
c/ Vietnam
is the place of destination of the cargo journey.
2. Contract of international carriage stated in
Clause 1 of this Article is a contract of carriage under which, as agreed upon
by the parties to the contract, the place of departure and the place of
destination, whether or not there is a break in the carriage or a
transshipment, are situated either within the territories of two states or
within the territory of a single state if there is an agreed stopping place in
the territory in another state.
3. For a dispute over the damage resulting from
the death or injury of a passenger, apart from the provisions of Clause 1 of this
Article, the Vietnamese court shall have jurisdiction to settle the dispute
when the passenger has his/her principal and permanent residence in Vietnam at
the time the accident took place, provided that:
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b/ The carrier uses its head office or the head
office of another carrier with which it has a joint operation contract to
conduct its business of carriage of passengers by air in Vietnam.
4. The order and procedures for the settlement
of disputes shall comply with the provisions of this Law and the civil
procedure law of Vietnam.
Article 173.- Settlement
of disputes by arbitration
1. The parties to the contract of carriage for
cargo may reach agreement on the settlement of arising disputes by arbitration.
Such arbitration agreement must be made in writing.
2. For disputes arising from contracts of
international carriage for cargo and related to the carrier's liability, the
settlement thereof by Vietnamese arbitration may only be effected in the cases
specified in Clause 1 and Clause 2, Article 172 of this Law.
3. The provisions of Clause 2 of this Article
are regarded to be part of every arbitration clause or agreement. All
arbitration clauses and agreements which are contrary to this provision shall
be considered invalid.
Article 174.- Statute
of limitations for initiating lawsuits about carriers' liability
The statute of limitations for initiation of
lawsuits concerning the carrier's liability for damage to passengers, baggage
and cargo is two years, counting from the date the aircraft arrives at the
place of destination, the date the aircraft ought to have arrived at the place
of destination or from the date on which carriage stopped, whichever is the
later.
Section 2. LIABILITY FOR
DAMAGE TO THIRD PARTIES ON THE SURFACE
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1. Agencies, organizations and individuals on
the surface that suffer from damage caused by the aircraft in flight or by
persons, articles or substances falling therefrom (hereinafter referred to as
third parties on the surface) are entitled to compensation if they prove that
the aircraft in flight or persons, articles, substances falling therefrom
directly cause such damage.
2. In this Section, the aircraft shall be
considered to be in flight from the moment when power is applied for the
purpose of takeoff until the moment when the landing run ends; for an airship
or a similar flying device, this shall be from the moment of detaching from the
surface until the moment of again attaching thereto.
Article 176.- Compulsory
insurance for aircraft operators' liability
The aircraft operator shall buy compulsory
insurance for liability toward third parties on the surface or take other
security measures up to the limits of its liability provided for in Article 180
of this Law.
Article 177.- Liability
1. The aircraft operator is liable for damage
sustained to third parties on the surface.
2. The person who was making illegal use of the
aircraft and caused damage to third parties on the surface shall pay
compensation therefor. The possessor of the aircraft are severally and jointly
responsible with the illegal user of the aircraft for the caused damage, unless
it proves that it has applied every necessary measure to prevent such illegal
use.
3. The aircraft operator stated in this Chapter
means the person is personally using the aircraft or when his/her servants are
using the aircraft in the course of their employment at the time the damage
occurred.
Article 178.- Exoneration
from and reduction of liability
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2. The aircraft operator is not liable if the
damage is the direct consequence of war, armed conflict or its aircraft is
requisitioned by a competent state agency.
Article 179.- Right to
recourse of persons liable for damage
A person liable for damage is entitled to
recourse against organizations and individuals related to the damage.
Article 180.- Limits
of liability applicable to aircraft operators
1. The aircraft operator's liability provided
for in this Section for each aircraft and incident does not exceed one thousand
units of accounts per kilogram of the aircraft.
The weight of an aircraft is the maximum weight
authorized by the certificate of airworthiness for takeoff, excluding the
effect of lifting gas when used.
2. The aircraft operator's liability in case of
death, injury or other damage to the health of third parties on the surface
does not exceed one hundred and fifty thousand units of account per person
killed or injured.
3. In case of damage caused by aircraft which
have collided or interfered with each other in flight, third parties are
entitled to claim compensation up to the aggregate of the limits of liability
applicable to each of the aircraft involved; the person liable for damage
caused by each aircraft shall bear the liability up to the limit specified in
Clauses 1 and 2 of this Article.
4. In case of necessity, the Government shall
decide to increase the limits of liability applicable to the aircraft operator.
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1. The damage is due to the fault of the
aircraft operator or its servants and agents.
2. The damage occurs during the time the
aircraft is illegally used.
Article 182.- Settlement
of compensation in case the total actual damage value exceeds the aircraft
operator's limit of liability
1. If the claims are exclusively in respect of
death or injury or exclusively in respect of damage to property, the
compensation amount for each claim shall be reduced in proportion to the actual
damage value.
2. If the claims are both in respect of death or
injury and in respect of damage to property, the total sum distributable shall
be appropriated preferentially to meet proportionately the claims in respect of
death or injury. The remainder, if any, of the total sum distributable shall be
distributed proportionately among the claims in respect of damage to property.
Article 183.- Cases
where insurers and securers enjoy exoneration from or reduction of liability
1. Insurers and securers shall enjoy exoneration
from or reduction of liability in the cases specified in Article 178 of this
Law.
2. Insurers and securers shall be exonerated
from their liability in the following cases:
a/ The damage occurred after the insurance
contract or the security ceases to be effective. If the insurance contract or
the security ceases to be effective when the aircraft is in flight, the
insurance or security period shall be prolonged till the aircraft lands at the
next place in the flight but for no longer than twenty four hours as from the
time the insurance contract or the security ceases to be effective. The
prolongation of the insurance or security period shall apply only in the
interest of the person who suffers the damage;
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Article 184.- Exemption
from seizure of insurance or security sums
Any insurance or security sums specified in
Article 176 of this Law shall be exempt from seizure and execution by creditors
of the aircraft operator until claims of third parties on the surface have been
satisfied.
Article 185.- Adjudicating
competence of courts
The court of the place where the damage occurs
shall have jurisdiction to settle claims of third parties on the surface,
unless otherwise provided for by treaties to which the Socialist Republic of
Vietnam is a contracting party.
Article 186.- Statute
of limitations for initiating lawsuits to claim compensation
The statute of limitations for third parties on
the surface initiating lawsuits to claims is two years, counting from the date
of the incident which caused the damage.
Article 187.- Application
of provisions on damage compensation
The provisions of this Section apply to the
aircraft in flight that cause damage to Vietnamese ships and works in the sea
waters under the sovereignty, sovereign rights and national jurisdiction of
Vietnam or sea waters and land areas not falling under the sovereignty,
sovereign rights and jurisdiction of any state.
Section 3. LIABILITY FOR
DAMAGE CAUSED BY AIRCRAFT WHICH COLLIDED OR INTERFERED WITH EACH PTHER
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1. In case of damage caused by the aircraft
which have collided or interfered with each other in flight, the liabilities of
the aircraft operators shall be determined as follows:
a/ If the damage is due to the fault of one
party, the party at fault shall pay damages;
b/ If the damage is due to the fault of many
parties, the liability shall be determined according to the extent of fault of
each party; if it is impossible to determine the extent of fault, the parties
shall pay equivalent compensations.
2. The provision of Clause 1 of this Article
does not prejudice the claims for the carrier to pay compensations. The carrier
is entitled to request the aircraft operator liable for the damage provided for
in Clause 1 of this Article to perform the obligation to reimburse the paid
compensation sums.
Article 189.- Several
and joint liability
When two or more aircraft collide or interfere
with one another in flight and cause damage to third parties on the surface,
the operator of each aircraft is severally and jointly liable for such damage
according to the extent of its fault.
Chapter VIII
AVIATION SECURITY
Article 190.- Aviation
security
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2. Acts of illegal interference in civil
aviation activities are acts endangering the safety of civil aviation,
including one of the following acts:
a/ Illegally possessing the aircraft in flight;
b/ Illegally possessing the aircraft on the
ground;
c/ Using the aircraft as a weapon;
d/ Holding hostages in the aircraft or at an
airport or airfield;
e/ Illegally entering the aircraft, airport,
airfield and civil aviation facilities, equipment and devices;
f/ Illegally bringing dangerous objects on board
the aircraft, the airports, airfields and other restricted areas.
Dangerous objects include weapons, ammunitions,
inflammables, explosives, radioactive substances and other objects and
substances capable of causing danger or being used to cause danger to human
health and life and safety of flight;
g/ Supplying information which is so false that
it affects the safety of the aircraft in flight or on the ground, the safety of
passengers, crews, ground personnel or persons at the airports, airfields and
civil aviation works, facilities and equipment.
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1. Aviation security shall be assured by the
following measures:
a/ Establishing restricted areas in the
airports, airfields and places where exist air navigation aids, facilities and
equipment for the purpose of protecting aircraft and aids, facilities and
equipment there;
b/ Checking, screening and supervising aviation
security before flight;
c/ Precluding the possibility of illegally
transporting dangerous articles and applying special preventive measures when
permitting the carriage of such dangerous articles;
d/ Responding to acts of illegal interference in
civil aviation activities.
2. The protection of aircraft, establishment and
protection of restricted areas in the airports, airfields and places where
exist air navigation aids, facilities and equipment, and the pre-flight
checking, screening and supervision of aviation security shall comply with the
civil aviation security programs provided for in Article 196 of this Law.
Article 192.-
Establishment and protection of restricted zones
1. Restricted zone is a zone in the airport,
airfield or place where exist air navigation aids, facilities and equipment in
which the entry, exit and activities shall comply with regulations of competent
state agencies and be subject to checking, screening and supervision of
aviation security.
2. The establishment of restricted zones in
airports, airfields and places where exist air navigation aids, facilities and
equipment must conform to the purpose of ensuring aviation security and the
characteristics of civil aviation activities.
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1. Aircraft shall be checked and monitored to
ensure aviation security before making flights.
2. Passengers, crew members, flight assistants,
other related persons, baggage, cargo, postal items and other objects shall be
checked, screened and monitored to ensure aviation security before getting on
board the aircraft.
Article 194.- Response
to acts of illegal interference in civil aviation activities
1. All measures in response to acts of illegal
interference in civil aviation activities shall be prioritized to ensure safety
for the aircraft and human life.
2. Aircraft which are illegally interfered shall
be given priority in flight administration and other necessary assistance.
3. The Ministry of Transport shall assume the
prime responsibility for, and coordinate with the Ministry of Public Security,
the Ministry of Defense and other concerned ministries and branches in, formulating
and submitting to the Prime Minister for approval emergency plans in response
to acts of illegal interference in civil aviation activities.
4. The Ministry of Public Security shall command
the forces participating in implementing emergency plans.
5. The Ministry of Defense shall handle acts of
illegal interference specified at Point c, Clause 2, Article 190 of this Law;
direct its agencies in charge of the airspace and flight operations to
prioritize their assistance in administering the aircraft which are illegally
interfered while flying in the Vietnamese airspace; and coordinate with air
traffic service establishments in guiding crews to apply proper measures to
handle such acts of illegal interference and other appropriate handling
measures.
6. In special cases which fall beyond the
competence of concerned ministries and branches, the Prime Minister shall
decide to handle matters in ensuring safety for aircraft, crews, passengers,
baggage and cargo in the aircraft.
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Article 195.- Aviation
security personnel
1. Aviation security personnel shall be equipped
with weapons and necessary support tools to perform their tasks of ensuring
aviation security.
2. The equipment and use of weapons and support
tools of aviation security personnel shall comply with the Government's
regulations.
Article 196.- Civil
aviation security program
1. Civil aviation security program defines the
responsibilities of agencies, organizations and individuals in implementing
processes, procedures and measures to ensure aviation security.
2. Civil aviation security programs include:
a/ Vietnam's
civil aviation security program;
b/ Civil aviation security program of the
airport or airfield operator;
c/ Civil aviation security program of the
airline;
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3. The formulated civil aviation security
programs must comply with the Vietnamese law on assurance of aviation security
and treaties to which the Socialist Republic of Vietnam is a contracting party.
4. The Minister of Transport shall promulgate Vietnam's
civil aviation security program; approve civil aviation security programs of
airport or airfield operators and Vietnamese airlines; approve the plans on
administration of aircraft that are being illegally interfered with; and
approve civil aviation security programs of foreign airlines.
Article 197.-
Responsibilities of organizations and individuals involved in civil aviation
activities
1. Operators of airports and airfields shall
ensure aviation security at their airports and airfields and develop their
civil aviation security programs.
2. Vietnamese airlines shall ensure aviation
security for their operations; and develop their civil aviation security
programs.
3. Air traffic service enterprises shall develop
aircraft administration plans for flying aircraft which are illegally
interfered with.
4. Foreign airlines performing scheduled
carriage operations to and from Vietnam
shall submit to the Ministry of Transport their civil aviation security
programs which have been approved by competent authorities of the state in
which the foreign airlines are headquartered or have principal places of
business.
5. Organizations and individuals engaged in
civil aviation activities shall comply with the aviation security law.
6. The Ministry of Transport shall supervise and
evaluate the application of aviation security assurance measures in accordance
with Vietnamese law and treaties to which the Socialist Republic of Vietnam is
a contracting party.
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GENERAL CIVIL AVIATION
Article 198.- Conditions
of general aviation activities
1. General aviation activities are activities of
making use of aircraft to make flights in the industrial, agricultural,
forestry, fishery, construction or other economic domains, to serve search and
rescue, emergency aid, salvage, health, scientific research, cultural, sport,
training, coaching, testing, measurement, photographing, video-recording,
serving personal needs and other civil flight activities not for the purpose of
public carriage of passengers, baggage, cargo and postal items.
2. General civil aviation activities must
satisfy the following conditions:
a/ Aircraft and crews must have necessary
permits and certificates as provided for by this Law and appropriate to the
forms of operations performed;
b/ Conditions on aviation safety and security,
environmental protection and other provisions of relevant laws are complied
with.
3. Organizations conducting general aviation
activities for commercial purposes must have aircraft operator's certificates
as provided for in Article 23 of this Law.
Article 199.- Management
of general aviation activities
1. Organizations or individuals undertaking
general aviation activities shall register their activities with the Ministry
of Transport.
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3. The Government shall stipulate conditions and
procedures for the grant of general civil aviation registration certificates
and civil aviation business licenses.
4. Applicants for civil general aviation
registration certificates and civil aviation business licenses shall pay a fee.
Article 200.-
Contracts on provision of general aviation services
Enterprises providing general aviation services
for commercial purposes shall sign contracts in writing with organizations or
individuals using such services in accordance with law, except for cases of
carrying out rescue and salvage activities in emergency circumstances.
Article 201.- Compulsory
insurance for liability
Organizations and individuals carrying out
general aviation activities shall purchase compulsory insurance for their
liability under the provisions of this Law.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 202.- Implementation
effect
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2. This Law replaces the December 26, 1991
Vietnam Civil Aviation Law and the April 20, 1995 Law Amending and
Supplementing a Number of Articles of the Vietnam Civil Aviation Law.
This Law was passed on June 29, 2006, by the
XIth National Assembly of the Socialist Republic of Vietnam at its 9th session.