OFFICE OF THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 03/VBHN-VPQH
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Hanoi, August 02, 2023
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LAW
VIETNAM CIVIL AVIATION
The Law No. 66/2006/QH11
dated June 29, 2006 of the National Assembly on Vietnam Civil Aviation, which
comes into force from January 01, 2007 is amended by:
1. The Land Law No.
45/2013/QH13 dated November 29, 2013 of the National Assembly, which comes into
force from July 01, 2014;
2. The Law No.
61/2014/QH13 dated November 21, 2014 of the National Assembly on amendments to
the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
3. The Law No. 16/2023/QH15 dated June 19, 2023 of the
National Assembly on Prices, which comes into force from July 01, 2024;
4. The Law No. 18/2023/QH15 dated June 20, 2023 of the
National Assembly on Civil Defense, which comes into force from July 01, 2024;
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam amended by Resolution No.
51/2001/QH10 dated December 25, 2001, of the Xth National Assembly,
the 10th session;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law provides for
civil aviation operation and contains regulations on aircrafts, airports,
aerodromes, aviation staff, air navigation, air transportation, aviation
security, civil liability, general aviation and other activities related to
civil aviation.
2. This Law does not
provide for activities of official-duty aircrafts, including military
aircrafts, specialized aircrafts of customs and police forces and other
aircrafts used for government public affairs, except for cases where
official-duty aircrafts are used for civil purposes or other cases prescribed
in the Vietnam Civil Aviation Law.
Article 2. Regulated
entities
1. Vietnamese and foreign
organizations and individuals engaged in civil aviation operation in Vietnam.
2. Vietnamese
organizations and individuals engaged in civil aviation operation in foreign
countries, unless otherwise provided for by the laws of these foreign
countries.
3. Vietnamese and foreign
organizations and individuals engaged in civil aviation operation in the flight
information region under the management of Vietnam.
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Article 3. Application
of laws
1. Regarding social
relations arising from civil aviation operation not governed by this Law,
relevant regulations of Vietnamese law shall be applied.
2. In case where this Law
contains provisions different from the provisions of another Law with regard to
a same matter related to civil aviation operation, the provisions of this Law
shall be applied.
3. In case where an
international agreement to which the Socialist Republic of Vietnam is a
signatory contains provisions different from the provisions of this Law, the
provisions of such agreement shall be applied.
Article 4. Principles
of application of law in case of law conflicts
1. The laws of the
country in which an aircraft's nationality is registered shall be applied to
social relations arising on board the aircraft in flight and applied in order
to determine rights to an aircraft.
2. The laws of the
country in which a contract related to rights to an aircraft is signed shall be
applied to determine the form of such contract.
3. The laws of the
country in which an aircraft is rescued or preserved shall be applied to the
payment of remuneration for the rescue or preservation of such aircraft.
4. The laws of the
country 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 be applied to the compensation for damage.
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1. Respect for
independence, sovereignty, unity and territorial integrity of the Socialist
Republic of Vietnam; assurance about safety and security of aviation;
fulfillment of defense and security requirements and effective exploitation of
aviation potential in service of national socio-economic development.
2. Conformity with the
national socio-economic development strategy, transport development strategies,
plannings and plans; synchronous development of airports, aerodromes, air
navigation, means of transport and other resources; environmental protection
and sustainable development.
3. Healthy and fair
competition among organizations and individuals of all economic sectors
participating in civil aviation operation.
4. Expansion of
international exchange and cooperation in the sector of civil aviation.
Article 6. Policies on
development of civil aviation
1. The State shall
prioritize investment in construction and upgrading of airports, aerodromes and
other facilities that belong to civil aviation infrastructure in order to
ensure safe, efficient and synchronous development of air transportation.
2. The State shall enable
Vietnamese organizations and individuals of all economic sectors, foreign
organizations and individuals and overseas Vietnamese to make cooperation and
investment in civil aviation sector.
3. The State shall enable
Vietnamese airlines to provide air transportation services and operate flight
routes to areas with particularly difficult socio-economic conditions, mountainous,
deep-lying and rural areas.
5. [2] The State shall protect lawful rights and interests of
Vietnamese organizations and individuals, overseas Vietnamese and foreign
organizations and individuals involved in civil aviation operation.
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Article 7.
Environmental protection in civil aviation operation
1. Organizations and individuals engaged in civil aviation
activities shall observe the environmental protection law.
2. Aircrafts, air navigation facilities and equipment; airport
and aerodrome 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 [4]
1. Promulgating and organizing the implementation of, legal
documents, economic-technical norms, standards, technical regulations, rules
and processes related to civil aviation.
2. Formulating and directing the implementation of,
strategies, plannings, plans and policies on development of the civil aviation
sector in accordance with law.
3. Managing civil flight operations in the Vietnamese
territory and flight information regions managed by Vietnam; managing
investment in development of service facilities, technical systems, air
navigation facilities and equipment.
4. Making planning and managing investment in construction and
operation of airports and aerodromes; managing the use of land in airports and
aerodromes.
5. Managing air transportation activities; inspecting and
supervising operations of air transportation enterprises and air service providers.
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7. Managing design, manufacture, operation, repair,
maintenance, import and export of aircrafts, aircraft engines, aircraft propellers,
aircraft equipment and other facilities, equipment and supplies for civil
aviation operation.
8. Issuing and recognizing certificates, licenses and other
papers and documents related to civil aviation operation.
9. Managing the assurance about security and safety for civil
aviation operation; organizing and ensuring security and safety for flights for
dignitaries on private planes and special-purpose flights.
10. Managing aircraft search and rescue activities and
investigations into aircraft incidents and accidents.
11. Promoting international cooperation on civil aviation.
12. Managing training and development of human resources for
the civil aviation sector, giving health checks to aviation employees.
13. Managing scientific and technological activities in the
civil aviation sector; carrying out environmental protection, prevention and
control of natural disasters and response to climate change in civil aviation
operation.
14. Managing prices, charges and fees in civil aviation
operation.
15. Conducting inspection, and handling complaints,
denunciations and violations against regulations on civil aviation operation.
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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.
2a. [5] The body
performing the specialized state management of civil aviation under the
Ministry of Transport is the Aviation Authority.
The Aviation Authority
has the following tasks and powers:
a) Issue instructions and
clearances; take emergency measures, including stopping flights and operation
of aviation vehicles, equipment and employees in order to ensure aviation
security and safety and maintain synchronous operation of the air
transportation chain;
b) Supervise operation
and maintenance of aircrafts and aviation infrastructure, and ensure air
navigation activities, air transportation operation, provision of aviation
services and non-aviation services; issue, approve or recognize licenses,
certificates, ratings, and documents on specialized civil aviation operation;
c) Organize, operate and
direct systems for aviation security and safety supervision and management,
aviation search and rescue and airport emergencies; organize and direct
handling, investigation into and verification of circumstances threatening
aviation safety and security, aviation incidents and accidents, and operation
of flights for dignitaries on private planes;
d) Appoint supervisors in
charge of assurance about aviation safety and security and quality of aviation
services according to standards set by the Minister of Transport;
dd) Summarize, analyze
and assess reports on aircraft incidents and accidents; inspect and supervise
the remediation of aircraft incidents and accidents and take measures to
prevent aircraft incidents and accidents; investigate aircraft incidents and
accidents;
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g) Announce and
distribute information and notices related to civil aviation operation in
Vietnam and foreign countries;
h) Conduct specialized
civil aviation inspection.
The Government shall
elaborate this Clause.
3. The Ministry of National Defense shall manage and protect
the Vietnamese airspace; supervise civil flight operations; and cooperate with
the Ministry of Transport in organizing and using the airspace in service of
civil aviation operation.
4. Ministries and ministerial agencies shall, within the scope
of their respective tasks and powers, cooperate 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 their local areas.
Article 10. Aviation
inspectorate
1.[6] The
agency performing the specialized state management of civil aviation shall
conduct specialized civil aviation inspection and has the following tasks and
powers:
a) Inspect the
observance of the law on civil aviation; international treaty to which the
Socialist Republic of Vietnam is a signatory; and rules, standards, technical
regulations, regulations and processes of operation of civil aviation;
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c) Impose
penalties for administrative violations against regulations on civil aviation
in accordance with the law on handling of administrative violations;
d) Temporarily
seize aircrafts;
dd) Cooperate
with inspectorates of ministries, ministerial agencies, Governmental agencies
and relevant local agencies in detecting, preventing and handling violations
against the law on civil aviation;
e) Recommend
measures to handle and remedy violations against regulations on civil aviation
operation.
g) Perform other
tasks and exercise other powers as prescribed by law.
2. [7] The
agency performing the specialized state management of civil aviation shall
organize aviation inspection in order to perform inspection functions specified
in Clause 1 of this Article.
3. The aviation
inspectorate shall be equipped with uniforms, badges and necessary equipment.
4. Organization
and operations of the aviation inspectorate shall comply with this Law and the
inspection law.
Article 11.
Charges, fees and prices for specialized aviation services [8]
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a) Aviation
services, which are directly related to aircraft operation, air transportation
operation and air navigation;
b) Non-aviation
services, which are provided at airports and aerodromes or onboard aircrafts other than aviation services.
2. Specialized
aviation charges and fees include:
a) Charges for
flights through the airspace of Vietnam, charges for the transfer of operation
rights and other charges prescribed by the law on charges and fees;
b) Fees for
issuance of certificates and licenses related to civil aviation operation.
3. [9] Prices
for aviation services include:
a) Prices for
takeoff and landing services; prices for the administration services for
arrival and departure flights; prices for aviation security assurance services;
prices for administration services for flights through flight information regions
managed by the Government of Vietnam; prices for customer services at airports
and aerodromes;
b) Prices for
aircraft parking lot rental services; prices for passenger check-in counter
rental services; prices for baggage carousel rental services; prices for plane
ladder rental services; prices for all-in-one ground services and commercial
and technical services at airports and
aerodromes; prices for automatic
departure baggage classification services; prices for aviation fuel supply
services; prices for underground fuel supply system infrastructure services at
airports and aerodromes.
c) Transfer of
rights to utilize aviation services at airports and aerodromes,
including passenger terminals; airport terminals, goods warehouses; territorial
technical-commercial services; repair and maintenance of aviation vehicles and
equipment; aviation techniques; provision of aviation meals; provision of
aviation fuel;
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4. [10] Prices
for non-aviation services include:
a) Ground rental
services, essential basic services at airports and aerodromes;
b) Other
non-aviation services.
5. The Ministry
of Finance shall prescribe rates of charges and fees specified in Clause 2 of
this Article at the request of the Ministry of Transport.
6. [11]
The pricing of the State for goods and services prescribed in Points a, b, and
c Clause 3 and Point a Clause 4 of this Article shall comply with the law on
prices. Enterprises shall declare and list the prices of goods and services
according to Clause 3 and Clause 4 of this Article under the law on prices.
7.[12] (Annulled)
8.[13] (Annulled)
Article 12.
Prohibited acts in civil aviation operation
1. Prohibited
acts include:
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b) Performing
duties of aviation staff without appropriate permits and certificates;
c) Dropping
equipment, items or other articles from aircrafts 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;
dd) Causing
interference to, misusing and exploiting radio frequencies exclusively reserved
for civil aviation operation;
e) Damaging the
system of signals, facilities, equipment, flight information and management
stations, other facilities and equipment in airports and aerodromes or
controlling or putting ground facilities that fail to meet technical conditions
into operation in 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
for airspace and flight management
h) Building works in
airports or aerodromes and areas in the vicinity of airports or aerodromes 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 flights and the operation of
facilities and equipment in airports or aerodromes;
i) Installing and
using in airports or aerodromes or areas in the vicinity of airports or aerodromes
lamps, beacons, signs, signals or objects that may affect aircraft takeoff and
landing at airports or aerodromes or the identification of airports or aerodromes;
k) Feeding or
rearing birds, cattle or poultry in areas of airports or aerodromes;
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m) Taking
weapons, inflammables, explosives and other dangerous things on board
aircrafts, into airports, aerodromes or other restricted zones in contravention of
regulations;
n) Destroying,
damaging, deforming, displacing markers, separators, signal-bearing objects and
protective objects in airports and aerodromes; damaging signs and equipment used for the
identification of airports or aerodromes;
o) Endangering
the safety of air navigation, endangering the life, health and property of
other persons on board aircrafts;
p) Acts of unfair
competition and other banned acts of competition restriction.
2. The
regulations of Point c and Point dd, Clause 1 of this Article also apply to
official-duty aircrafts.
Chapter II
AIRCRAFT
Section 1.
NATIONALITY OF AIRCRAFT
Article 13.
Registration of aircraft nationality
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2. An aircraft is
eligible for registration of Vietnamese nationality if it fully meets the
following conditions:
a) The aircraft
has no nationality of any state or has its foreign nationality relinquished;
b) The aircraft
obtains lawful documents proving its ownership;
c) The aircraft
meets technical standards set or recognized by a competent state agency.
3. Aircrafts that
are being manufactured, assembled or tested in Vietnam may be eligible 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. Aircrafts
owned and operated by Vietnamese organizations or individuals shall be
registered to obtain Vietnamese nationality; in case of individuals, they must
be permanent residents in Vietnam.
5. Aircrafts
owned by foreign organizations or individuals and leased by Vietnamese
organizations or individuals in the form of dry lease or hire-purchase may be
eligible for registration to obtain 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 issuance of extracts or copies from the Vietnam
aircraft register and they shall pay charges.
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.
Deregistration of aircraft nationality
An aircraft has
its Vietnamese nationality deregistered in the following cases:
1. Being declared
missing under Clause 3, Article 103 of this Law;
2. Being
irreparably or irrestorably damaged;
3. No longer
meeting the conditions specified in Clause 2, Article 13 of this Law;
4.[14] At
the request of the aircraft registrant, aircraft owner, secured transaction
taker, aircraft lessor or conditional seller.
Article 15.
Nationality and registration marks of aircraft
When every aircraft
operates, it shall 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 regulations on nationality of aircraft
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Section 2.
AIRWORTHINESS STANDARDS
Article 17.
Airworthiness certificate
1. An aircraft
may be eligible for operation in the Vietnamese airspace only when it obtains a
valid certificate of airworthiness issued or recognized by the Ministry of
Transport.
2. An airworthiness certificate shall only be issued to an
aircraft when the aircraft meets all the following conditions:
a) Being compatible with
its type certificate;
b) Having adequate
facilities and equipment, thereby fulfilling safety requirements;
c) Being operated and
maintained according to regulations;
d) Being in a state
consistent with the expected operation purpose.
3. Each applicant for an airworthiness certificate shall pay a
charge.
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Article 18. Type
certificates
1. Type certificates shall be issued or recognized if aircraft
designs, engines or propellers meet all airworthiness conditions prescribed or
recognized by the Government of Vietnam.
2. Each applicant for a type certificate shall pay a charge.
3. Aircrafts and their engines and propellers which are
manufactured in Vietnam or imported into Vietnam shall be compatible with type
certificates issued or recognized by the Ministry of Transport.
Article 19. Conditions
for import and export of aircrafts, and their engines, propellers and spare
parts
1. Aircrafts and their engines and propellers shall be issued
with certificates of airworthiness for export by the Ministry of Transport when
being exported. Each applicant for a certificate of airworthiness for export
shall pay a charge.
2. Import and export of aircrafts and their engines,
propellers and spare parts shall meet requirements for aviation safety and
security, national security and respond to business demands.
The age of used aircrafts
that are eligible for import into Vietnam shall be stipulated by the
Government.
3. Aircrafts and their engines, propellers and spare parts
which are imported for use as learning aids and other non-aviation purposes
must not be used for civil aviation operation.
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1. Design, manufacture, repair, maintenance or test of
aircrafts and their engines, propellers and equipment in Vietnam shall comply
with standards promulgated or recognized by competent state agencies.
2. Establishments engaged in design, manufacture, repair,
maintenance or test of aircrafts and their engines, propellers and equipment in
Vietnam shall possess licenses issued by the Ministry of Transport. Each
applicant for a license shall pay a charge.
3. Aircrafts having Vietnamese nationality and their engines,
propellers and equipment shall be maintained only at maintenance establishments
and under maintenance programs approved by the Ministry of Transport.
4. When practically testing flight characteristics of
aircrafts, organizations and individuals that research and manufacture
aircrafts and their engines, propellers and equipment shall send reports to and
comply with regulations of the Ministry of National Defense.
Article 21. Specific
regulations on airworthiness standards [16]
1. The Minister of Transport shall prescribe airworthiness
standards and procedures for issuance or recognition of airworthiness
certificates and type certificates, criteria and procedures for issuance of
licenses to establishments designing, manufacturing, repairing, maintaining or
testing aircrafts and their engines, propellers and equipment, except for the
case specified in Clause 2 of this Article.
2. The Minister of National Defense shall prescribe
airworthiness standards; criteria and procedures for issuance of licenses to
establishments designing, manufacturing, repairing, maintaining or testing
unmanned aircrafts and ultra light aerial vehicles and their engines,
propellers and equipment.
Unmanned aircraft is an
aerial craft of which the flight can be controlled or maintained without direct
control by an operator onboard.
Ultra light aerial vehicles
include aerostats and aerial models of all kinds.
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Aerial models include
gliders that simulate shapes and type models of airplanes, have engines and can
be controlled by radio or programmed devices; and paragliders and kites,
whether or not man-controlled, except for traditional kites.
Section 3. AIRCRAFT OPERATION
Article 22. Aircraft
operators
1. Aircraft operators are organizations and individuals
engaged in aircraft operation.
2. Aircraft-operating organizations may operate aircrafts for
commercial purposes when they are issued with aircraft operator certificates or
have their aircraft operator certificates recognized by the Ministry of
Transport.
Aircraft-operating
individuals may not operate aircrafts for commercial purposes.
Article 23. Aircraft
operator certificates
1. An aircraft operator certificate shall be issued to an
organization to certify its satisfaction of safe operation conditions for the
prescribed type of aircraft and form of operation.
2. An organization shall be issued with an aircraft operator
certificate if it meets the following conditions:
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b) Having employees who
undergo training courses and obtain appropriate permits and certificates;
c) Having a professional
training program and an aircraft maintenance program consistent with
characteristics and scale of operation.
d) Having aircraft,
facilities and equipment that fulfill requirements for safe operation;
dd) Having sufficient
operation manuals.
3. Organizations applying
for aircraft operator certificates shall pay charges.
Article 24.
Responsibilities of an aircraft operator
1. Maintain a management
system capable of supervising and monitoring the safe operation of aircraft.
2. Follow instructions in
operation manuals.
3. Ensure ground
facilities and services for the safe operation of aircraft.
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5. Observe requirements
for aircraft maintenance and repair.
6. Strictly follow
regulations of the aircraft operator certificate, including the case of use of
services and personnel under a contract for assistance in aircraft operation or
maintenance.
7. Strictly observe other
regulations on aircraft operation.
Article 25. Documents
to be carried on board the aircraft
1. The following
documents are required when operating an aircraft having Vietnamese nationality
a) Its nationality
registration certificate;
b) Its certificate of
airworthiness;
c) Aircraft operator
certificate;
d) Appropriate permits
and certificates of its crewmembers;
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e) Permit for the use of
radio equipment on board the aircraft, if installed;
g) Flight manuals for the
crew;
h) List of passengers, in
case of carrying passengers;
i) A manifest of cargoes
in case of carrying cargoes;
k) Certificate of civil
liability insurance;
l) Aircraft operation
manuals.
2. Documents specified in
Clause 1 of this Article shall be originals, except for the aircraft operator
certificate.
3. Documents carried on
board an aircraft having foreign nationality engaged in flights to and from
Vietnam shall comply with the law of the state in which the aircraft’s
nationality is registered.
Article 26. Requirements
for environmental protection applicable to aircrafts and their engines
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Article 27. Specific
regulations on aircraft operation [17]
1. The Minister of Transport shall issue regulations on
aircraft operation, conditions, procedures for issuance of aircraft operator
certificates, permits for use of radio equipment installed on aircrafts; and
requirements for environmental protection applicable to aircrafts and their
engines.
2. The Minister of National Defense shall prescribe operation
of unmanned aircrafts and ultra light aerial vehicles.
Section 4. RIGHTS TO
AIRCRAFT
Article 28. Rights to
an aircraft
1. [18] Rights to an aircraft include:
a) Right to own the
aircraft;
b) Right to possess the
aircraft through hire-purchase or lease for six months or more;
c) Right to mortgage or
pledge the aircraft;
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2. Rights to the aircraft specified in Clause 1 of this
Article include rights to aircraft hulls, engines, propellers, 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 the aircraft specified in Clause 1 of Article 28 of this Law shall register
such rights according to the Government's regulations.
2. Each applicant for registration of rights to the aircraft
shall pay a charge.
3. Matters related to registered rights to the same aircraft
shall be recorded in the Vietnam aircraft register.
The registration of
rights to the aircraft specified in Clause 1 of this Article shall become valid
from the time it is recorded by the registration office in the Vietnam aircraft
register.
4. The transfer of the registration of rights to an aircraft
from Vietnam to a foreign country is subject to approval from a holder of such
rights, unless the aircraft is sold for the enforcement of a legally effective
court judgment or decision or arbitral award.
Article 30. Transfer
of ownership of aircraft
1. The transfer of aircraft ownership shall be made in writing
and it is effective on the date it is recorded in the Vietnam aircraft
register.
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Article 31.
State-owned enterprises assigned to manage and operate aircrafts
State-owned enterprises
assigned to manage and operate aircrafts owned by the State have rights and
obligations that are the same as those of the aircraft owners according to
regulations of this Law and the law on enterprises.
Article 32. Aircraft
mortgage
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.
4. After
prioritized debts have been paid, creditors whose mortgage has been registered
shall be paid their debts in the order of registration.
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:
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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 declaration of the invalidity of
aircraft mortgage contract;
dd) At the
request of the aircraft mortgagee.
7. When a
mortgaged aircraft that is insured is missing or damaged, the mortgagee who has
registered the mortgage is entitled to the insurance sum.
Article 33.
Payment of remuneration for aircraft rescue and
preservation
1. An
organization or individual involved in the rescue
and preservation of aircraft has the
priority right to remuneration for aircraft rescue
and preservation and related expenses.
2. Within 90 days
after the date of termination of the aircraft rescue
and preservation, the organization or
individual involved in the aircraft rescue and preservation shall register their priority
right to remuneration stated in Clause 1 of this Article according to the
Government's regulations. The applicant for registration of the priority right
to remuneration for aircraft rescue and preservation shall pay a charge.
3. After the
deadline specified in Clause 2 of this Article, the priority right to
remuneration for aircraft rescue and preservation shall terminate, except for the
following cases:
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b) The
organization or individual involved in aircraft rescue and preservation and the organization or
individual obliged to pay remuneration have reached an agreement on the sum
payable;
c) The organization
or individual involved in aircraft rescue and preservation has initiated a lawsuit regarding
the payment of remuneration for aircraft rescue 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 rescue and preservation and related expenses.
2. Debts
specified at Point b, Clause 1 of this Article shall be paid in the order that
the last debt shall be paid first.
Section 5. AIRCRAFT
LEASE AND LEASE-OUT
Article 35. Forms of
aircraft lease and lease-out
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2. An aircraft may be
leased and leased-out in the following forms:
a) Lease, lease-out with
a crew;
b) Lease, lease-out
without a crew.
3. Aircraft lease or
lease-out contracts shall 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.
2. The lessor shall meet
safety standards of aircraft maintenance and operation.
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.
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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 shall obtain
approval of the Ministry of Transport.
Article 38.
Requirements for aircraft lease
When using 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
transportation.
Article 39. Acceptance
of lease, lease-out of aircrafts 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 shall obtain approval of the Ministry of Transport
in writing after consideration of the following contents:
a) Lease form;
b) Legal status of the
parties to the aircraft lease contract;
c) Lease term;
d) Quantity, type and age
of the leased aircraft;
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e) Certificate 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 07 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
another aircraft for operation of a special flight or requisition for other
state-duty purposes;
b) Substitution of an
aircraft involved in an accident or a technical breakdown;
c) Substitution of an
aircraft which cannot be operated for force majeure reasons.
The Vietnamese
organization or individual leasing an aircraft under regulations of this Clause
shall notify in writing the Ministry of Transport that the lessor has an
appropriate aircraft operator certificate.
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Article 40. Transfer
of obligations between the state in which aircraft nationality is registered
and the state of aircraft operator
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 an competent authority of the state in which the aircraft
nationality is registered or the state of the aircraft operator concerned
on receipt or transfer of the obligations of the state in which the aircraft
nationality is registered in accordance with the Vietnamese law and
international treaties to which Vietnam is a signatory.
The 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 obligations to
comply with:
a) Regulations on
assurance about air navigation;
b) Regulations on certificates
of airworthiness;
c) Requirements for crew
members;
d) Regulations on
installation and use of radio equipment on board aircrafts.
Section 6. SUSPENSION
OF FLIGHTS, DETENTION AND ARREST OF AIRCRAFT
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1. An aircraft that has
not yet taxied shall be suspended from making a flight when one of the
following cases occurs:
a) There is an urgent
circumstance necessitating the performance of the task of safeguarding national
sovereignty and security or it is detected that the aircraft shows signs of
violation against regulations on assurance of defense and security;
b) There are violations
against regulations on airworthiness standards, operation of aircrafts,
aviation safety and security, flight formalities, formulation 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 the competent state agency.
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. The decision to suspend a flight
immediately takes effect and shall be sent to the aircraft commander, the air
traffic service provider and relevant agencies and organizations.
3. When another competent
agency issues the decision to suspend flight, such decision immediately takes
effect. The decision to suspend flight shall be promptly sent to the authority
of the airport from which the aircraft is due to take off.
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 the competent state agency has
permitted the aircraft to make flight.
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1. An aircraft which is
flying within the Vietnamese territory may be requested to land at an airport
or aerodrome when there are signs of threat to aviation safety and security
during the flight or in other cases at the request of the competent authority.
2. If there are signs of
threat to aviation safety or aviation security during a flight, the director of
the airport authority may decide to request the aircraft to land at an airport
or aerodrome; such decision immediately takes effect.
3. When another competent
agency issues a decision to request an aircraft to land at an airport or
aerodrome, such decision immediately takes effect. The decision to request an
aircraft to land shall be promptly sent to the relevant air traffic service
provider and airport authority
4. The relevant air
traffic service provider shall request an aircraft to land at an airport or
aerodrome under the decision of the director of the airport authority or
another competent agency. For the safety of a flight, the air traffic service
provider may refuse to comply with the decision to request an aircraft in
flight to land at an airport or aerodrome and shall report its non-compliance
to the agency which has issued such decision.
5. An aircraft which has
landed at an airport or aerodrome as requested 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
1. An aircraft may be
detained in the following cases:
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;
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d) Violating relevant law
regulations on flight crews, passengers, baggage and cargo carried on board the
aircraft;
dd) Other cases as
decided by the competent state agency.
2. In case of detection
of 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. The decision to detain an aircraft immediately takes effect and shall
be sent to the aircraft commander, aircraft operator and relevant agencies and
organizations
3. When another competent
agency issues a decision to detain an aircraft, such decision immediately takes
effect. The decision to detain an aircraft shall be promptly sent to the
authority of the airport where the aircraft is expected 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 requesting the detention proposes
the termination of the detention.
Article 44. Arrest of
aircraft
1. Aircraft arrest means
a measure taken by the court in the interest of a creditor, owner or third
party who suffers damage on the surface or of other persons with rights and
interests related to the aircraft under regulations of Clause 2 of this
Article, except for arrest of the aircraft for enforcement of a legally
effective court judgment or decision or coercive decision of the competent
state agency. Arrest of the aircraft may apply to any aircraft of the same
owner.
2. The court of a
province or central-affiliated city where 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. Any requestor 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.
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5. The arrest of an
aircraft terminates in the following cases:
a) Debts have been paid;
b) Substitute security
measures have been applied;
c) The arrest requester
proposes the termination of the arrest.
6. Procedures for
arresting the aircraft shall comply with regulations of the National Assembly
Standing Committee.
Article 45. Aircraft
inspection
1. Directors of airport
authorities and other competent agencies are entitled to decide to inspect
aircrafts in the following cases:
a) Signs of violation
against national sovereignty, national security, aviation security or safety
are detected;
b) Members of the flight
crew, passengers or the transportation of baggage, cargo, postal items [19] or
other articles in the aircraft violate regulations on entry, exit, customs and
quarantine.
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3. Competent state
agencies shall notify aircraft inspection decisions to the directors of airport
authorities for cooperation in inspection.
Article 46.
Responsibilities for paying compensations for damage caused to aircraft
operators or transporters
Organizations and
individuals that have decided to suspend flights, requested aircrafts to land
at airports or aerodromes, detained aircrafts, requested detention, requested
arrest or inspection of aircrafts in an illegal manner shall pay compensations
for damage caused to aircraft operators or transporters.
Chapter III
AIRPORTS AND AERODROMES
Section 1. GENERAL
REGULATIONS
Article 47. Airports
and aerodromes
1. Airport is an area
with specified boundaries, covering an aerodrome, terminals, facilities,
equipment and other necessary structures used for aircraft making flights to,
from and engaged in air transportation.
Airports are classified
into the following categories:
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b) Domestic airports,
which serve domestic transportation.
2. Aerodrome is an area
with specified boundaries which is constructed for aircraft to land, take off
and taxi. Aerodromes that are only used for either general aviation or
transportation of passengers, baggage, cargo and postal items [20] other than
public transportation are specialized aerodromes.
Article 48. Areas in
the vicinity of airports or aerodromes
1. Airports and
aerodromes shall have areas in the vicinity of them to ensure safety for civil
aviation operation and inhabitants in such areas.
2. the vicinity of an
airport or aerodrome is the area with a diameter of 8 km from the perimeter of
the airport or aerodrome.
3. People's Committees at
all levels shall preside over and cooperate with airport authorities and other
competent agencies in, maintaining public order, ensuring the compliance with
aviation safety and security regulations; applying measures to dismantle,
destroy, remove or change structures of constructions, facilities, equipment or
other obstacles in areas in the vicinity of airports or aerodromes which
endanger the safety of air navigation; preventing violations and taking
measures to protect the environment in these areas.
Article 49. Opening
and closing airports and aerodromes
1. Opening or closure of
an airport or aerodrome means permission for or prohibition of operation of an
airport or aerodrome under decision of a competent state agency.
2. The Prime Minister
shall decide to open airports or aerodromes in line with the planning for
development of airports and aerodromes; close airports or aerodromes for
security and defense assurance reasons or special socio-economic reasons.
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a) Renovation, expansion
or repair of airports and aerodromes, which can affect the safety of air
navigation;
b) Withdrawal of airport
or aerodrome operation certificates
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
aerodrome for no more than 24 hours and immediately report the Minister of
Transport thereon.
5. Airports or aerodromes
shall be re-opened after the reasons specified in Clauses 2, 3 and 4 of this
Article terminate.
6. [21] The Ministry of
National Defense shall decide to open and close specialized aerodromes after
reaching agreement with the Ministry of Transport.
The Government shall
provide for conditions and procedures for opening and closing specialized
aerodromes.
Article 50.
Registration of airports and aerodromes
1. Airports and aerodromes shall be registered in the airport
and aerodrome register.
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a) Having documents
proving the lawful formation of the airport or aerodrome;
b) Complying with the
approved planning on development of the system of airports and aerodromes;
c) Having infrastructure
conforming to technical standards prescribed or recognized by the competent
state agency.
3. The Ministry of Transport shall register and grant
registration certificates to airports and aerodromes.
4. [22] Owners or organizations assigned to manage airports
and aerodromes shall apply for issuance of registration certificates to
airports and aerodromes.
Each applicant for
airport or aerodrome registration certificates shall pay a charge.
Article 51. Airport or
aerodrome operation certificates
1. After an airport or aerodrome 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
for organization, facilities, equipment and other necessary factors for
assurance about aviation safety and security;
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2. An airport or aerodrome may be put into operation only
after it is granted by the Ministry of Transport an airport or aerodrome
operation certificate.
3. Each applicant for airport or aerodrome operation
certificates shall pay a charge.
4. An airport or aerodrome operation certificate shall be
withdrawn in the following cases:
a) The airport or
aerodrome fails to meet the conditions specified in Clause 1 of this Article;
b) The airport or
aerodrome has not been operated or has ceased operation for twelve consecutive
months;
c) Other cases as decided
by the competent state agency.
5. Organizations and individuals managing or operating
airports or aerodromes shall comply with regulations in their airport or
aerodrome operation certificates.
Article 52.
Registration of airports and aerodromes that are being constructed
1. Airports or aerodromes that are being constructed may be
temporarily registered in the airport and airfield register from the time of
commencement of construction.
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a) Having lawful
documents on land use rights and construction of the airport or aerodrome;
b) Being consistent with
the approved planning on development of the system of airports and aerodromes;
c) Having a plan for
construction of infrastructure in compliance with technical standards
prescribed or recognized by the competent state agency.
3. The Ministry of Transport shall register and grant
registration certificates to airports or aerodromes that are being constructed.
4. Each applicant for a registration certificate of an airport
or aerodrome that is being constructed shall pay a charge.
Article 53.
Administration of takeoff and landing schedules at airports and aerodromes
1. Administration of takeoff and landing schedules at airports
and aerodromes means management and allocation of takeoff and landing time of
scheduled air transportation flights at airports or aerodromes as announced.
2. The Ministry of Transport shall administer takeoff and
landing schedules at an airport and aerodrome according to the following
principles:
a) Within the limits of
operation of the airport or aerodrome;
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c) Convenience and
efficiency;
d) Compliance with international
practice.
Article 54.
Environmental protection at airports and aerodromes
1. Organizations and individuals engaged in activities in
airports or aerodromes shall comply with regulations on environmental
protection in airports and aerodromes.
2. The operation of aircrafts, airports, aerodromes, air
navigation facilities and equipment and other facilities and technical
equipment on the ground, and the provision of services at airports and
aerodromes shall meet noise and exhaust gas standards and other standards of
environmental protection in civil aviation operation.
Article 55. Specific
regulations on opening and closure of airports and aerodromes and management of
activities in airports and aerodromes and areas in the vicinity of airports and
aerodromes
1. The Government shall elaborate conditions and procedures
for opening and closure of airports and aerodromes and management of activities
in airports and aerodromes, management of areas in the vicinity of airports and
aerodromes, and use of aerodromes for joint civil and military purposes.
2. The Minister of Transport shall elaborate the making of the
airport and aerodrome register; procedures for issuance of airport and
aerodrome registration certificates; procedures for issuance of registration
certificates to airports and aerodromes that are being constructed; technical
standards of airports, aerodromes and areas in the vicinity of airports and
aerodromes; procedures for issuance of airport and aerodrome operation
certificates and requirements for environmental protection applicable to
organizations and individuals operating in airports and aerodromes.
Section 2. PLANNING,
INVESTMENT IN AND CONSTRUCTION OF AIRPORTS AND AERODROMES
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1. The planning for airports and aerodromes shall be
consistent with the socio-economic development strategy, defense and security
tasks, planning for development of the transport and other sectors and local
areas, and the trend of development of international civil aviation.
2. [23] The Ministry of
Transport shall preside over and cooperate with relevant agencies in
formulating a general planning for development of the airport and aerodrome
system, except for special-use aerodromes, and submitting it to the Prime
Minister for approval.
The Minister of Transport
shall approve a detailed planning for airports and aerodromes nationwide,
except for special-use aerodromes.
3. Central and local authorities, when making plannings
or projects on investment in and construction of works which may affect the
planning on airports and aerodromes, shall obtain written agreement of the
Ministry of Transport.
Article 57. [24]
(Annulled)
Article 58. Investment
in construction of airports and aerodromes
1. Investment in construction of new airports or aerodromes or
investment in construction of structures in existing airports or aerodromes
shall comply with the general planning for development of the system of
airports and aerodromes and the detailed planning for airports and aerodromes
already approved by competent state agencies.
2. Vietnamese and foreign organizations and individuals may
invest in construction of airports and aerodromes in accordance with the
investment and construction law.
3. [25] The Ministry of Transport shall manage and supervise
the construction, maintenance and repair of airports and aerodromes and
maintenance of sufficient operation conditions for airports and aerodromes.
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Section 3. STATE
MANAGEMENT IN AIRPORTS AND AERODROMES
Article 59. Airport
authorities
1. [26] An airport authority means an agency attached to the
body performing the specialized state management of civil aviation and
performing the state management of civil aviation at an airport and aerodrome
in accordance with law.
2. The director is the head of the airport authority.
3. The Minister of Transport shall specify organization and
operation of airport authorities.
Article 60. Tasks and
powers of airport authorities
1. Manage the entire land area of airports and aerodromes
allocated for construction and development of airport and aerodrome
infrastructure; organize and manage construction of facilities on the ground,
water surface and under the ground in airports and aerodromes according to the
planning and projects already approved by competent state agencies.
2. Inspect and supervise the observance of regulations on:
a) Implementation of
plannings and plans for development of airports and aerodromes;
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c) Public order and
environmental protection in airports and aerodromes;
d) Operation of air
transportation in airports and aerodromes;
dd) Operation of airports
and aerodromes as well as technical facilities and equipment therein;
e) Provision of services
for flights in airports and aerodromes;
g) Use of airport and
aerodrome’s land area.
3. Cooperate with airport enterprises in implementing
emergency and salvage plans and responding to aircraft incidents and accidents
occurring in airports, aerodromes or areas in the vicinity of these airports
and aerodromes.
4. Decide to temporarily close airports and aerodromes.
5. Stop the construction and renovation of facilities,
installation of equipment, planting of trees in airport and aerodrome areas;
request competent state agencies to stop the construction and renovation of
facilities, installation of equipment and planting of trees in areas in the
vicinity of these airports and aerodromes in violation of the planning for
airports and aerodromes or regulations on management of obstacles which affects
air navigation at airports and aerodromes.
6. Handle violations against law within their competence;
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8. Suspend flights; request aircrafts to land at airports or
aerodromes; inspect and detain aircrafts; execute warrants for arrest of
aircrafts; stop acts performed by members of flight crews which fail to meet
aviation safety and security requirements.
9. Collect, manage and use charges and fees in airports and
aerodromes in accordance with the law on charges and fees.
10. Manage assets assigned by the State.
11. Preside over arranging working offices of state management
agencies regularly working in airports and aerodromes.
Article 61.
State management in airports and aerodromes
1. Airport
authorities and other agencies in airports and aerodromes shall perform professional activities and make
cooperation in settling matters arising within the scope of their tasks and
powers to ensure safety, security and regular activities in airports and aerodromes.
2. Airport
authorities shall preside over and make cooperation in activities of state
management agencies in airports and aerodromes; convene and preside over monthly or irregular
joint meetings between state management agencies and organizations operating in
airports and aerodromes.
3. When relevant
state management agencies in an airport or aerodrome
fail to reach agreement on methods for
settling a certain matter, the director of the airport authority shall make the
final decision and take responsibility for such decision.
4. When an
airport or aerodrome is declared to be a zone affected by a dangerous epidemic, the
airport authority shall cooperate with agencies and organizations operating
within the airport or aerodrome in applying appropriate measures to prevent the
spread of the epidemic and stamp out the epidemic under professional
instructions of competent state agencies.
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Section 4.
OPERATION OF AIRPORTS AND AERODROMES
Article 62.
Organizations and individuals conducting business in airports and aerodromes
1. Organizations
and individuals conducting business in airports and aerodromes
include:
a) Airport enterprises;
b) Aviation service
enterprises;
c) Other service
providers.
2. The establishment and
operation of business entities, activities of business individuals in airports
and aerodromes shall comply with regulations of this Law and the enterprise and
commercial laws.
The Minister of Transport
shall elaborate procedures for issuance of airport business licenses and
aviation service provision licenses.
3. Organizations and
individuals conducting business in airports and aerodromes shall:
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b) Comply with
regulations on and enable airport authorities to supervise their business and
provision of services.
Article 63. Airport
enterprises
1. Airport enterprises
are enterprises conducting the conditional business of operation of airports
and aerodromes.
2. An enterprise shall be
issued with an airport business license by the Ministry of Transport when
meeting the following conditions:
a) Obtaining the business
registration certificate;
b) Having an
organizational apparatus and employees who have been issued with appropriate
licenses and certificates, and meet professional requirements for operation of
airports and aerodromes.
c) Meeting capital
conditions stipulated by the Government;
d) Having a plan for
facilities and equipment and meeting other necessary conditions for assurance
about aviation safety and security.
3. Enterprises applying
for airport business licenses shall pay charges.
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1. Manage and organize
the operation of infrastructure, facilities and equipment of airports and
aerodromes.
2. Make plans for investment
in development, renovation and expansion of airports and aerodromes in
conformity with the plannings already approved by competent state agencies,
development demands and the operation of airports and aerodromes.
3. Organize provision of
aviation safety and security assurance services, aviation services and other
public services in airports and aerodromes.
4. Make periodical
reports or reports at the request of state management agencies on data on
annual and long-term production and business plans and results and statistics
on the operation of airports and aerodromes.
5. Arrange working
offices for state management agencies regularly working in airports and
aerodromes at the request of airport authorities.
6. Exercise other rights
and obligations as provided for by the enterprise law.
Article 65. Aviation
service providers in airports and aerodromes
1. Aviation service
providers in airports and aerodromes are enterprises that conduct the
conditional business and provide services directly related to aviation
activities in airports and aerodromes. These enterprises shall be issued with
aviation service provision licenses by the Ministry of Transport in accordance
with the planning for development of airports and aerodromes.
2. An aviation service
provider shall be issued with an aviation service provision license when
meeting the following conditions:
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b) Having an
organizational apparatus ensuring the provision of services directly related to
aviation activities in airports and aerodromes, and employees who have been
issued with appropriate licenses and certificates, and meet professional
requirements for the operation of airports and aerodromes;
c) Having facilities and
equipment and meeting other necessary conditions for assurance about aviation
safety and security;
d) Meeting capital
conditions stipulated by the Government.
3. Enterprises applying
for aviation service provision licenses shall pay charges.
4. The list of aviation
services shall be issued by the Government.
Article 66.
Responsibilities of aviation service providers
1. Provide aviation
services in airports and aerodromes under contracts signed with airport
enterprises and comply with regulations on operation of airports and
aerodromes.
2. Provide quality
services for customers in airports and aerodromes in a civilized, polite and
thoughtful manner.
Article 67. Right to
select aviation service providers in airports and aerodromes
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Chapter IV
AVIATION PERSONNEL
Section 1. GENERAL
PROVISIONS
Article 68. Aviation
personnel
1. Aviation personnel are
persons involved in activities related to assurance of aviation safety and
security, operation of aircrafts, air transportation or air navigation and
obtaining appropriate professional licenses and certificates issued or
recognized by the Ministry of Transport.
2. Aviation personnel are
entitled to sign labor contracts with their employers.
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. When performing tasks,
aviation personnel shall carry appropriate licenses and certificates granted or
recognized by the Ministry of Transport.
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3. Aviation personnel
shall be issued with professional licenses and certificates after undergoing
training courses at professional training establishments permitted or
recognized by the Ministry of Transport.
4. Applicants for
aviation personnel's professional licenses and certificates shall pay charges.
Article 70. Specific
regulations on aviation personnel, professional training establishments and
medical establishments engaged in health assessment
1. The Minister of
Transport shall issue detailed regulations on:
a) Specific labor and
labor discipline regimes applicable to aviation personnel; 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 issuance and recognition of professional
licenses and certificates of aviation personnel;
c) Standards and training
programs provided by professional training establishments for aviation
personnel.
2. The Ministry of Health
shall preside over and cooperate 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
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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.
Article 72. Flight
crew
1. Flight crew members
are persons who navigate the aircraft, including the principal pilot, assistant
pilot and other aviation personnel suitable to the aircraft type.
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
persons who perform duties to ensure safety for passengers during a flight and
provide services on board the aircraft according to the assignment of the
aircraft operator or commander but must not perform duties of flight crew
members
2. Specific duties of
cabin crew members for each type of aircraft shall be assigned by the aircraft
operator. The aircraft operator shall arrange a sufficient number of cabin crew
members suitable to the type of aircraft.
Article 74. Aircraft
commanders
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2. The aircraft commander
has the supreme power in the aircraft, and is responsible for assurance about
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 time when all its external doors are closed
after embarkation until the time 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.
Article 75. Rights of
the aircraft commander
1. Decide and take
responsibility for the takeoff, landing, flight cancellation, and return to the
place of takeoff or urgent landing.
2. Refrain from
performing flight duties, flight plans or instructions of an air traffic
service provider in case of necessity to avert an instant and direct danger to
air navigation and immediately report it to the air traffic service provider.
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 provider shall quickly apply every necessary measure to
steer the aircraft back to its air route.
3. When the aircraft is
in flight, apply measures to prevent persons from taking one of the following
acts in the aircraft:
a) Committing a crime;
b) Endangering aviation
safety and security;
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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;
dd) Destroying equipment
and property in the aircraft;
e) Abusing narcotics;
g) Smoking in the
aircraft toilets or no-smoking places, thereby 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. 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 aerodrome.
5. Decide to discharge
fuel, drop baggage, cargo or other articles from the aircraft in accordance
with Article 88 of this Law.
6. 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.
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a) Paying necessary
expenses for fulfillment of the tasks of the flight, thereby ensuring safety
for persons and property during flight;
b) Performing necessary
tasks for the aircraft to continue the flight;
c) Hiring laborers for a
short term to perform jobs necessary for the flight.
Article 76.
Obligations of the aircraft commander
1. Obey instructions of
the aircraft operator.
2. Adopt all necessary
measures to ensure safety for the aircraft, persons and property in the
aircraft in danger or in distress and be the last person leaving the aircraft.
3. When detecting
persons, means of transport or other property in distress outside his/her
aircraft, notify the air traffic service provider and provide assistance
according to his/her ability without causing danger to his/her own aircraft, persons
and property on board his/her own aircraft.
4. Apply necessary
measures to steer the aircraft back to the designated air route when it
deviates therefrom.
Article 77. Interests
of crew members
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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.
4. When a crew member
stops working for aviation safety or security reasons as decided by the
aircraft commander, his/her labor contract shall not be terminated. The
aircraft operator shall bear all reasonable costs arising therefrom.
5. A labor contract shall
terminate at the time as agreed upon therein; if a labor contract expires when
the crew member is performing his/her duties, 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 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. Obey orders of the
aircraft commander.
2. Do not leave the
aircraft without the order of the aircraft commander.
Chapter V
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Section 1. MANAGEMENT
OF AIR NAVIGATION
Article 79.
Organization and use of airspace
1. The organization and
use of the airspace shall fulfill requirements for defense, security and safety
for aircraft, be reasonable and efficient, and facilitate civil aviation
activities.
2. [27] The Ministry of National Defense shall preside over
and cooperate with the Ministry of Transport in, deciding to establish and
operate the airspace of aerodromes and flight zones used to serve general
aviation activities; and requesting the Prime Minister to make decision on the
establishment and operation of air routes.
Airspace of an aerodrome
means an aerial area which is delimited in its width and elevation in
conformity with characteristics of such aerodrome and serves takeoff, landing
and waiting-for-landing flight of aircraft above the aerodrome.
Flight zone used to serve
general aviation activities means an aerial area which is delimited in its
width and elevation in conformity with each type of operation and has flight
rules and methods and requirements for provision of air navigation assurance
services.
Air route means an aerial
area which is delimited in its width and elevation, and controlled.
3. [28] The Ministry of Transport shall manage organization of
operation of air routes and the airspace of civil aerodromes and flight zones
used to serve general aviation activities in the Vietnamese airspace and flight
information regions managed by Vietnam. The organization of operation of the
airspace of an aerodrome used for dual civil and military purposes or of a
flight zone used to serve general aviation activities shall obtain written
agreement of the Ministry of National Defense.
4. Regulations in Clause 1 of this Article shall be also
applied to official-duty aircrafts.
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1. Except for cases of forced landing, an aircraft may take
off from and land at lawfully opened airports and aerodromes.
2. [29] Vietnamese and foreign aircrafts making international
flights may only take off from and land at international airports; in case an
aircraft takes off from or lands at a domestic airport or aerodrome or an
international flight is engaged in domestic transportation by a Vietnamese
aircraft, the permission of the Ministry of Transport after reaching agreement
with the Ministry of National Defense is required.
International flight referred
to in this Law means a flight made over the territories of more than one state.
Article 81. Issuance
of flight permits
1. Flight permit means a
written document or order which is issued by a competent state agency and
determines conditions and permitted limits of operation of an aircraft.
2. [30] Aircrafts operating within the Vietnamese territory
shall obtain flight permits from Vietnamese agencies. To be specific:
a) The Ministry of
Foreign Affairs shall issue flight permits to foreign special flights carrying
guests invited by the Communist Party and the State and escort or preparation
flights 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
transportation which is certified or notified by a competent state agency under
regulations on special flights;
b) The Ministry of
National Defense shall issue flight permits to flights of Vietnamese and
foreign military aircrafts engaged in civil aviation activities in Vietnam;
flights of unmanned aircrafts or ultra light aerial vehicles; or flights
outside air routes;
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Article 82. Conditions
for issuance of flight permits
1. The issuance of flight permits to flights shall satisfy
requirements for defense, security, aviation security and safety; public order
and interests; and suit the capability of the air navigation assurance system,
airports and aerodromes.
2. The issuance of flight permits to scheduled commercial
transportation flights shall satisfy requirements specified in Clause 1 of this
Article, and be consistent with the granted air transportation rights.
Article 83.
Pre-flight, flight, and post-flight preparations
1. Aircraft commanders, organizations and individuals related
to flight preparation shall strictly observe regulations on pre-flight, flight
and post-flight preparations.
2. An aircraft may take off from an airport or aerodrome only
after obtaining orders from an air traffic service provider.
3. Regulations in Clause 2 of this Article shall be also
applied to official-duty aircrafts.
Article 84.
Requirements applicable to aircrafts and crews operating within Vietnamese
territory
1. When engaged in air navigation in Vietnamese territory, an
aircraft shall observe the following regulations:
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b) Maintaining constant
contact with the air traffic service provider; observing the administration,
control and instruction of such provider;
c) Landing at and taking
off from an airport/aerodrome 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 the following
cases to the air traffic service provider:
a) His/her aircraft
cannot fly according to the designated journey, air route, flight zone, point
of entry or point of exit or land at the airport or aerodrome designated in the
flight permit for objective reasons;
b) There are cases where
the aircraft must urgently land and other emergency cases.
3. The air traffic service provider and airspace management
unit of the Ministry of National Defense shall promptly notify the following
cases for cooperation 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.
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1. Prohibited zone means a delimited area in the air where
aircrafts are prohibited from flying, except for Vietnamese official-duty
aircrafts on duty.
Restricted zone means a
delimited area in the air where only aircrafts that meet certain specific
conditions can fly.
2. The Prime Minister shall decide the establishment of
prohibited 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 National Defense shall decide
temporary flight restriction or temporary flight prohibition in one or several
areas in the Vietnamese territory; these decisions shall take immediate effect.
3. The Ministry of National Defense shall stipulate the
management of prohibited and restricted zones.
Article 86. Dangerous
zones
1. Dangerous zone means a delimited area in the air where air
navigation may be endangered during a certain period.
2. Dangerous zones and the flight regime in these zones shall
be determined by the Ministry of National Defense and notified to the Ministry
of Transport.
Article 87. Flight
over densely populated areas
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2. An aircraft must 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
It is prohibited to
discharge fuel or drop baggage, cargo or other articles from the in-flight
aircraft. It is possible to discharge fuel or drop baggage, cargo or other
articles from the aircraft in areas designated by the Ministry of Transport
after reaching agreement with the Ministry of Natural Resources and Environment
for reasons for safety for the flight or performance of rescue tasks in emergency
circumstances or other flight tasks for public interests.
Article 89.
Announcement about aviation information
The Ministry of
Transport shall publicly announce air routes, prohibited zones, restricted
zones, dangerous zones, areas where air traffic services are provided, and
areas for discharge of fuel or drop of baggage, cargo or other articles from
aircraft.
Article 90.
Coercion of violating aircrafts
Any aircraft that
violates regulations on prohibited or restricted zones or the Regulation on
civil air traffic, regulations on management of civil flights, management and
use of the airspace and fails to obey orders of air traffic service providers
may be subject to the measure for intercepting the aircraft or forcing the
aircraft to land at an airport or aerodrome or other coercive measures applicable to the
aircraft. This regulation shall be also applied to official-duty aircrafts.
Article 91.
Cooperation in management of civil and military air navigation
1. Principles of
cooperation in management of civil and military air navigation:
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b) Compliance
with regulations of this Law in cases where aircrafts fly along air routes, in
the airspace of civil aerodromes or in 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
cooperation in management of air navigation:
a) Organizing the
airspace, establishing air routes and developing flight modes;
b) Using the
airspace, managing civil flights outside air routes and the airspace of aerodromes
c) Issuing flight
permits, making flight plans and providing information on air navigation;
d) Using air
navigation assurance services;
dd)
Conducting search and rescue;
e) 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.
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1. Management of
obstacles includes making of statistics on, marking, announcement, management,
issuance of permits for use of the air and disposal of natural and artificial
obstacles that may affect the safety of air navigation.
2.[31] The
Ministry of National Defense shall preside over and cooperate with the Ministry
of Transport in, prescribing and managing air obstacle limitation surfaces and
heights of works related to air obstacle limitation surfaces.
The
Ministry of Transport shall preside over and cooperate with the Ministry of
National Defense in, publicly announcing air obstacle limitation surfaces and
heights of works related to air obstacle limitation surfaces in aerodromes where
civil aviation activities are conducted; limited areas for assurance about
normal operation of aeronautical radio stations; limits of obstacles in areas
in the vicinity of airports and aerodromes; making statistics on, marking and announcing a
list of natural and artificial obstacles that are likely to 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 arrange the
shooting direction of shooting ranges crossing air routes.
5. [32] When
issuing licenses for construction of works in areas specified in Clause 2 of
this Article, the competent licensing agency shall comply with regulations on
heights of works related to air obstacle limitation surfaces.
Article 93.
Management of frequencies
1. The management
of frequency bands used for aeronautical radio stations and of aeronautical
communication, navigation and surveillance systems shall comply with the law on
telecommunications.
2. Organizations
and individuals using communication stations or other equipment must neither
obstruct nor affect normal operations of aeronautical radio stations; stop the
use of, and promptly relocate their communication stations or equipment which
obstruct and affect normal operations of aeronautical radio stations.
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1. [33] The
Government shall elaborate organization and use of the airspace; management of
air navigation at airports and aerodromes; issuance of flight permits; cooperation in
management of civil and military air navigation; management of special-purpose
flights; and management of air obstacles.
2. The Ministry
of National Defense shall preside over and cooperate with the Ministry of
Transport in stipulating measures for intercepting aircrafts and forcing them
to land at airports or aerodromes, and other coercive measures applicable to
aircrafts.
3. The Ministry
of Information and Communications [34] shall preside over and cooperate
with the Ministry of Transport in, stipulating management and use of radio
frequencies of aeronautical operations.
Section 2. AIR
NAVIGATION ASSURANCE [35]
Article 95.
Air navigation assurance [36]
1. Air navigation
assurance covers:
a) Organization
and management of air navigation assurance;
b) Provision of
air navigation assurance services.
2. Organization
and management of air navigation assurance mean establishment and operation of
an air navigation assurance system, including planning for flight information
regions; planning and management of investment in construction, maintenance,
repair and maintenance of sufficient conditions for operation of infrastructure
and organization of operation of the air navigation assurance system;
standardization, assessment and superivison of assurance about the quality of
air navigation assurance services provided; cooperation in flight
administration and notification of aeronautical information.
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3. Air navigation
assurance services are necessary services for assurance about safety,
regularity, continuity and efficiency in air navigation, including air traffic
service; aeronautical communication, navigation and surveillance service;
meteorological service; aeronautical information notification service; and
search and rescue service. Air navigation assurance services are public ones.
4. Enterprises
providing air navigation assurance services shall have service provision
facilities and technical and equipment systems issued with operation permits by
the Ministry of Transport. Enterprises applying for such operation permits
shall pay charges.
5. Organizations and
individuals that conduct flight operations in flight information regions
managed by Vietnam shall be provided with air navigation assurance services.
Article 96.
Air traffic services
1. Air traffic services include flight administration service,
flight information service, air traffic consultancy service and alarming
service.
2. An aircraft flying in a specified airspace shall be
administered by an air traffic service provider.
3. The air traffic service provider shall cooperate with
relevant units in managing and administering civil aviation activities.
Article 97. Air
traffic service providers
1. Air traffic services are provided by state enterprises.
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2. An air traffic service provider may be established when all
the following conditions are met:
a) Complying with the
planning and strategy for development of the civil aviation sector;
b) Having a plan for
appropriate organizational apparatus;
c) Having a plan for
appropriate infrastructure and technical systems, equipment and facilities;
d) Having a plan for
employees who obtain appropriate permits and certificates of operation of
technical systems, equipment and facilities and operation manuals.
Article 98. Rights and
obligations of air traffic service providers
1. Fully and continuously provide air traffic services.
2. Provide other air navigation assurance services as assigned
by the Ministry of Transport.
3. Maintain contact and closely cooperate with air traffic
service providers of neighboring states in providing flight administration
services, thereby ensuring safety, regularity, continuity and efficiency in the
operation of aircrafts along air routes and in flight information regions under
the management of Vietnam.
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5. Closely cooperate with airspace and flight management units
under the Ministry of National Defense in order to ensure safety for civil
aviation operation.
6. Participate in and cooperate with relevant agencies and
units in response to circumstances of emergency or illegal interference in
civil aviation and air defense operations.
7. Exercise other rights and obligations prescribed by law on
enterprises.
Article 99. Rights and
obligations of enterprises engaged in provision of communication, navigation
and surveillance services, meteorological service, aeronautical information
notification service, and search and rescue service
1. 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 under contracts.
2. Exercise other rights and obligations prescribed by law on
enterprises.
Article 100. Specific
regulations on assurance about air navigation
The Minister of Transport
shall elaborate the organization and management of air navigation assurance
activities; conditions and procedures for issuance of operation licenses to
establishments providing air navigation assurance services, and technical
systems and equipment for air navigation assurance.
Section 3. SEARCH AND
RESCUE
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1. An aircraft shall be considered to be in danger when it is
or persons on board are in a danger which crew members cannot overcome or when
it loses communication and its location cannot be identified.
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 aerodrome.
2. An aircraft in danger or distress shall release signals and
notify the air traffic service provider for assistance; when the aircraft is 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 or notices or reports on the
aircraft in danger or in distress, the air traffic service provider shall
immediately notify search and rescue service establishments thereof.
4. Regulations of Clause 3 of this Article shall be also
applied to official-duty aircrafts.
Article 102.
Cooperation in search and rescue activities
1. Air traffic service providers shall cooperate with search
and rescue service providers in applying all necessary measures in a timely
manner to assist aircrafts in danger or distress, passengers, crew members and
property on board.
2. [37] When an aircraft is in danger or distress at an
airport, an aerodrome or an area in the vicinity of such airport/aerodrome, the
body performing the specialized state management of civil aviation shall
cooperate with People’s Committees at all levels in searching for and rescuing
the aircraft, persons and property.
3. [38] When an aircraft is in danger or distress outside
areas specified in Clause 2 of this Article, the National Steering Committee
for Civil Defense [39] shall preside over and cooperate with the Ministry of
Transport, relevant ministries and central government authorities, People’s
Committees at all levels and other agencies and organizations in searching for
and rescuing the aircraft, persons and property.
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5. The cooperation in assistance and participation in search
and rescue between Vietnam and neighboring states shall comply with treaties to
which Vietnam is a signatory.
6. People's Committees at all levels shall participate in
civil aviation search and rescue, and preserve aircrafts and property on board
which are in distress in areas outside airports or aerodromes.
7. Air transportation enterprises shall participate in air
search and rescue at the request of search and rescue service providers.
Article 103.
Responsibilities for search and rescue
1. Air traffic
service providers and search and rescue service providers shall immediately
conduct search for aircrafts in danger or distress.
2. When all
available measures have been taken for search for an aircraft in distress, its
passengers and crew but are in vain, the Ministry of Transport shall decide to
terminate search for such aircraft.
3. An aircraft
shall be considered missing from the date on which 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 bear all related expenses.
Section 4.
INVESTIGATION INTO AIRCRAFT INCIDENTS AND ACCIDENTS
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1. Aircraft
incident is an occurrence associated with the operation of an aircraft which
affects or is likely to affect the safety for operation of the aircraft but it
is not an aircraft accident.
2. Aircraft
accident is an occurrence associated with the operation of an aircraft which
takes place from the time when any person boards the aircraft with the
intention of flight until the time the last peson has disembarked, in which:
a) A person dies
or suffers a serious injury as a result of being in the aircraft or directly
crashing any part of the aircraft, including parts which have beeen detached
from the aircraft, or being directly exposed to jet blast, except when the
injuries are from natural causes, self-inflicted or inflicted by other persons,
or when stowaways hiding outside areas normally available to passengers and
crew suffer the injuries.
b) The aircraft
or its structure suffers damage, thereby adversely affecting the structural
strength or the flight characteristic of the aircraft and requiring major
repair or replacement of the affected component, except for engine failure or
damage that only affects the engine, its cowlings or accessories; or failure
that only affects 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 shall be
investigated. An aircraft incident or accident (with regard to aircrafts having
Vietnamese nationality or operated by a Vietnamese organization or individual)
occurring outside the Vietnamese territory shall be investigated in accordance
with treaties to which the Socialist Republic of Vietnam is a signatory.
2. Aircraft
incident or accident investigation aims to identify 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.
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1. When an
aircraft incident occurs in the Vietnamese territory or the flight information
region under the management of Vietnam, depending on characteristics of the
incident, the Ministry of Transport shall make report in accordance with
international treaties to which the Socialist Republic of Vietnam is a
signatory.
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 relevant states in accordance with international treaties to which the
Socialist Republic of Vietnam is a signatory.
3. Authority to
organize investigations into aircraft incidents or accidents
a) The Ministry
of Transport shall organize investigations into aircraft incidents or accidents
specified in Clause 1 and Point b, Clause 2, Article 104 of this Law; and
cooperate with agencies managing official-duty aircrafts in investigating
accidents related to official-duty aircrafts
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 shall:
a) Organize
investigation to clarify the event, conditions, circumstances, cause and extent
of the damage caused by the accident;
b) Apply measures
to restrict any possible damage;
c) Promptly
publicize information and documents related to the accident;
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5. The Prime
Minister shall decide to accept representatives of the state in which the
aircraft is registered and the state of the aircraft operator to participate in
investigation into accidents of foreign aircrafts occurring in the Vietnamese
territory in the capacity of observers.
Article 107.
Rights of agencies investigating aircraft incidents and accidents
1. When
conducting investigations, the agency investigating aircraft incidents and
accidents has the following rights:
a) Board the
aircraft to clarify details of the incident or accident;
b) Check and
examine the aircraft, equipment, devices and property in the aircraft suffering
the incident or accident and any relevant aircraft and property
c) Authorize
capable agencies and organizations to conduct research and perform tasks
related to the aircraft incident or accident investigation;
d) Requisition
capable persons to verify matters related to the aircraft incident or accident;
dd) 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 relevant aviation personnel;
e) Request,
receive and study information and documents from agencies, organizations and
individuals involved in the aircraft incident or accident.
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Article 108.
Responsibilities for notification and protection of evidence
1. Agencies,
organizations and individuals shall promptly report information on aircraft
incidents or accidents to local authorities, search and rescue service
establishment or agencies or units 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. Relevant
agencies, organizations and individuals shall protect aircrafts suffering
incidents or accidents and equipment, devices and property on board to serve
investigation and hand over evidences to the aircraft incident or accident
agency or the local People's Committee in the nearest place
3. Any person who
deliberately conceals information on an aircraft incident or accident, distorts
information, damages or destroys checking equipment and other evidences related
to an aircraft incident or accident shall, depending on the nature and
seriousness of their acts, be subject to administrative penalties or be liable
to criminal prosecution
4. Regulations of
Clauses 1, 2 and 3 of this Article shall be also applied to official-duty aircrafts.
Chương VI
AIR TRANSPORTATION
Section 1. AIR
TRANSPORTATION ENTERPRISES
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1. Air
transportation means transportation of passengers, baggage, cargo and postal
items [40] by
air. Air transportation includes scheduled transportation and non-scheduled
transportation.
Scheduled air
transportation means transportation by air on scheduled flights according to
flight schedules announced and such transportation is publicly opened for
public use.
Non-scheduled air
transportation means air transportation which does not have all elements of
scheduled air transportation.
2. Air
transportation business means a conditional business line conducted by an air
transportation enterprise (hereinafter referred to as “airline“)
Article 110.
Conditions for issuance of air transportation business licenses
1. An enterprise
may be issued with an air transportation business license when fully
meeting the following conditions:
a) Having a
business registration certificate showing that the major business line is air
transportation;
b) Having a plan
for assurance of the availability of aircraft for operation;
c) Having an
organizational apparatus and employees who obtain appropriate permits and
certificates and are capable of operating the aircraft and conducting air
transportation business;
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dd) Having a
business plan and a strategy for development of air transportation products in
accordance with market demands and aviation development plannings and
orientations;
e) Having a head
office and principal place of business in Vietnam.
2. A
foreign-invested enterprise may be issued with an air transportation 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 legal
representative of the enterprise is a Vietnamese citizen and foreigners account
for no more than one third of the total number of members of its executive
apparatus.
3. The Minister
of Transport shall issue air transportation business licenses after obtaining
permission of the Prime Minister.
4. Enterprises
applying for air transportation business licenses shall pay charges.
4a.[41] Enterprises
obtaining air transportation business licenses have the following obligations:
a) Publicly
announce contents of their licenses;
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c) Maintain the
prescribed conditions for issuance of air transportation business
licenses and aircraft operator certificates;
d) Maintain the
quality of air transportation services under regulations of the Ministry of
Transport;
dd) Comply with
the civil aviation law and other relevant laws.
5. The Government
shall elaborate conditions and procedures for issuance of air transportation business licenses.
Article 111. Transportation rules
1. Transportation rules constitute an integral part of an air transportation
contract, stipulating the transporter’s conditions applicable to transportation
by air of passengers, baggage, cargo and postal items [42].
2. Transportation
rules must not contravene regulations of this Law and international treaties to
which the Socialist Republic of Vietnam is a signatory.
3. Airlines shall
issue their transportation rules and register them with the Ministry of
Transport
Section 2.
OPERATION OF AIR TRANSPORTATION
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1. Right to air
transportation means the right to commercially operate air transportation under
conditions on airlines, air routes, aircrafts in operation, flights and
subjects of transportation.
2.[43] Airlines
shall conduct air transportation
business within the scope of the right
to air transportation granted by the Ministry of Transport. They must not buy
or sell such right or commit prohibited acts of competition suppression or
unfair competition; use brands, including trade names and marks confusingly
similar to those of other airlines; and transfer or receive the air transportation business right.
3. Airlines may
carry out trade promotion activities and air transportation business after
they are granted the right to air transportation by the Ministry of Transport.
Article 113.
Procedures for granting the right to air transportation
1. A Vietnamese
airline applying for the right to air transportation shall send an application
to the Ministry of Transport. Such application includes:
a) An application
for the right to air carriage;
b) The aircraft
operator’s certificate;
c) A report on
proposed air routes and operation plan;
d) Documents
certifying the legal person status and operation charter of the airline.
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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 transportation in
accordance with international treaties to which the Socialist Republic of
Vietnam is a signatory.
3. The Ministry
of Transport shall consider deciding whether or not to grant the right to
scheduled air transportation within 10 working days after the date of receipt
of complete applications.
4. An airline has
its right to scheduled air transportation revoked in the following cases:
a) Seriously
violating regulations of the law on assurance of aviation safety, aviation
security and operation of air transportation;
b) Failing to
start air transportation within 12 months after the date the right to air
transportation is granted;
c) Ceasing air
transportation for 12 consecutive months;
d) As provided
for by international treaties to which the Socialist Republic of Vietnam is a
signatory.
5. The right to
non-scheduled air transportation shall be granted together with the flight
permit.
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Article 114.
Right to international air transportation
1. International
air transportation is transportation by air over the territories of more than
one state.
The exchange of the
right to air transportation between Vietnam and other states shall ensure
fairness and equality in the opportunity for peration and in the
interests and obligations between Vietnamese and foreign airlines.
2. The right to
scheduled international air transportation 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
international treaties to which the Socialist Republic of Vietnam is a
signatory. When Vietnam does not yet accede to an international treaty on air
transportation, the Minister of Transport may permit airlines to temporarily
operate scheduled international air transportation to and from Vietnam.
3. The right to
non-scheduled international air transportation to and from Vietnam shall be
granted on the basis of market demand without adversely affecting scheduled
transportation.
Article 115.
Right to domestic air transportation
1. Domestic air
transportation is transportation by air within the territory of a state.
2. The right to
domestic air transportation 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.[44] The
Ministry of Transport shall designate Vietnamese airlines 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 transportation.
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a) Preventing,
controlling or overcoming natural disasters or epidemics;
b) Supplying
emergency humanitarian relief.
Article 116.
Air transportation service
prices [45]
1. Airlines shall
notify air transportation service prices for international routes to and from
Vietnam at the request of the Ministry of Transport, unless otherwise provided
by international treaties to which the Socialist Republic of Vietnam is a
signatory.
2.[46] Air
transportation service prices shall comply with regulations of the law on
prices.
Article 117.
Combined transportation
1. In case of
combined transportation performed partly by air and partly by any other
mode of transportation, the regulations of this Law shall only apply to
the transportation by air.
2. Parties to an
air transportation contract may indicate in air waybills, cargo
receipts and passenger tickets conditions related to other modes of transportation.
Article 118.
Successive transportation
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2. In case of
passenger transportation, any passenger or person entitled to claim
compensation may initiate a lawsuit against any successive transporter that has
performed the transportation during which the accident or the delay occurred,
unless the first transporter has assumed liability for the whole journey.
3. In case of
transportation of baggage or cargo, the passenger or consignor is entitled to
initiate a lawsuit against the first transporter; and the passenger or
consignee is entitled to initiate a lawsuit against the last transporter; each
transporter may initiate a lawsuit against the transporter that has performed
the transportation during which the loss, lack, damage or delay took place
These transporters shall be jointly and severally liable to the passenger or
the consignor or consignee.
Article 119.
Simplification of procedures in air transportation
1. Aircrafts
flying, and crews, passengers, baggage, cargo and postal items [47] transported
to and from Vietnam shall be facilitated in entry, exit, customs, quarantine
and other inspection procedures.
2. Relevant
organizations and individuals shall provide devices, equipment and services in
order to quickly carry out procedures for air transportation, exit, entry,
customs, quarantine and other inspection procedures for aircrafts, crews,
passengers, baggage, cargo and postal items at airports or aerodromes.
3. Passengers,
baggage, cargo and postal items [49] in transit in Vietnam without
departing from the transit lounge are exempt from entry, exit and customs
procedures.
Article 120.
International transportation involved in many points in Vietnam
1. International
transportation involved in many points in Vietnam means international air
transportation involved in at least two points of arrival or two points of
departure in the Vietnamese territory.
2. During
international transportation involved in many points in Vietnam, at the first
point of arrival and the last point of departure, aircraft, crews, passengers,
baggage, cargo and postal items [50] are subject to regulations on
air transportation, entry, exit, customs and quarantine procedures at
international transit points, unless otherwise provided for by law.
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1. Vietnamese
airlines shall report their long-term and annual production and business plans
and results to the Ministry of Transport on a periodical basis or upon request
and supply statistics on air transportation.
2. Foreign
airlines operating in Vietnam shall supply relevant statistics on air
transportation at the request of the Ministry of Transport.
3. Statistics on
air transportation include statistics on passengers, cargo and postal items
already transported, on aircraft fleet and flight crew members, and on the
financial status.
Article 122.
Air transportation 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 sell its tickets.
2. Foreign
airlines conducting air transportation service business in Vietnam may make
payments, convert and remit foreign currencies abroad in accordance with
Vietnamese laws and international treaties to which the Socialist Republic of
Vietnam is a signatory.
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:
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b) The state in
which the airline is headquartered holds the right to legal control.
2. A foreign
airline applying for opening representative offices or ticket sale offices
shall send an application to the Ministry of Transport. An application
includes:
a) An application
form 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 a competent authority of the state in which the airline is headquartered,
except for airlines which have been granted the right to scheduled air
transportation to Vietnam;
d) Papers
certifying the right to use the house where the representative office or ticket
sale office is located;
dd) Forms of
tickets expected to be sold or delivered in Vietnam.
3. The Ministry
of Transport shall consider deciding whether to issue permits for the opening
of representative offices or ticket sale offices to foreign airlines within 07
working days after the date of receipt of complete applications 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 charges.
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a) No longer
meeting the conditions specified in Clause 1 of this Article;
b) Failing to
sell tickets within 12 months from the date of issuance of the permit;
c) Stopping the
sale of tickets for 12 consecutive months;
d) Operating for
improper purposes or in contravention of the contents of the permit;
dd) Committing
acts of cheating customers;
e) Seriously
breaching regulations on air transportation business or operation of the
computerized booking system;
g) In case of
necessity to guarantee Vietnamese airlines' right to open similar
representative offices or ticket sale offices in the state of the foreign
airlines.
Article 124.
Rights and obligations of foreign airlines' representative offices and ticket
sale offices
1. Operate for
proper purposes, within the scope and the term indicated in their permits.
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3. Recruit
employees who are Vietnamese or foreigners to work at the offices in accordance
with the Vietnamese law on labor.
4. Open accounts
for foreign currency amounts and Vietnamese currency amounts of foreign origin
at banks operating in Vietnam and only use such accounts for the offices'
activities.
5. Have a seal
bearing the name of the office in accordance with the Vietnamese law on
enterprises.
6. Representative
offices must 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 lawful authorization papers issued by their airline.
7. Pay taxes,
charges and fees, fulfill financial obligations and implement the accounting
regime in accordance with Vietnamese law.
8. Report on
their activities on a periodical basis or upon request to the Ministry of
Transport.
Article 125.[52] (annulled)
Article 126.
Computerized booking system
1. Computerized
booking system is a computerized system supplying information on flight
schedules, the situation of seats on flights and air transportation prices [53],
through which the booking of seats on flights is made.
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a) Equality and
non-discrimination among service users;
b) Users are not
required to only use its services or equipment;
c) The display of
information on the computer monitor on flight schedules, the situation of seats
on flights and air transportation prices[54] shall be complete, fair and
non-discriminatory;
d) Service prices
shall be set on the basis of reasonable costs and applied to all users without
discrimination;
dd) Customers'
personal information shall be kept secret, unless upon request of competent
state agencies.
Article 127.
Supervision and inspection of operation of air transportation
Vietnamese and
foreign airlines operating in Vietnam shall be subject to supervision and
inspection by the Ministry of Transport of their compliance with regulations on
operation of air transportation and assurance of aviation safety and
security.
Section 3.
CARGO TRANSPORTATION
Article 128.
Cargo transportation contracts
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The transporter
is an organization providing the service of commercial transportation by air.
2. Air waybills
and other written agreements between the parties, transportation charters and
price tables are documents of contracts for cargo transportation.
Article 129.
Air waybills and cargo receipts
1. Air waybill is
a document of cargo transportation 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
shall be used for the transportation of cargo by air. In case a means which
stores the information on the transportation of cargo is substituted for the
delivery of an air waybill, the transporter shall, if so requested by the
consignor, deliver a cargo receipt permitting identification of the cargo to
the consignor.
3. The
transporter shall pay compensations to the consignor for damage caused due to
the fault of the transporter or its servants or agents in the entry of
inaccurate or insufficient information or the improper entry of information
supplied by the consignor into the information storage means specified in
Clause 2 of this Article.
4. The existence
and legal validity of a concluded contract of cargo transportation shall not be
affected if it lacks one or some of the contents specified in Articles 130,
131, 132 and 133 of this Law.
Article 130.
Contents of air waybills and cargo receipts
1. Places of
departure and destination.
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3. Weight and
kinds of the cargo.
Article 131.
Making air waybill
1. The air waybill
shall be made by the consignor in three originals. The first original, signed
by the consignor, shall be handed to the transporter. The second original,
signed by the consignor and by the transporter, shall be handed to the
consignee. The third original, signed by the transporter, shall be handed to
the consignor after the cargo has been received.
2. The signatures
of the transporter and consignor may be printed or stamped.
3. The making of
the air waybill by the transporter 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 related to the nature of the cargo
If necessary, the
consignor shall present a document indicating the nature of the cargo upon
request of a customs authority, police or another competent agency. This
regulation does not create no liability or obligation for the transporter.
Article 133.
Air waybills and cargo receipts for multiple cargo packages
When transporting
many cargo packages, the transporter is entitled to request the consignor to
make separate air waybills for each cargo package. If a means which stores the
information on the transportation 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 transporter to issue separate
cargo receipts for each cargo package.
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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 transporter on
package, packing, signs and codes of the cargo
Article 135.
Responsibilities of the consignor for the supply of information
1. Be responsible
for the accuracy of information and statements in the air waybill related to
the cargo or supplied for storage in the means mentioned in Clause 2, Article
129 of this Law.
2. Supply
necessary information and documents at the request of the customs authority, police
and another competent agency before the cargo is delivered to the consignee.
The transporter shall not be obliged to check the accuracy and completeness of
information or documents supplied by the consignor.
3. Pay
compensations for damage caused to or incurred by the transportation because of
the supply of inaccurate, incomplete or irregular information.
Article 136.
Delivery of cargo
1. Unless
otherwise agreed upon, the transporter shall notify the consignee after the
cargo is delivered to the place of destination.
2. Except for the
case specified in Article 139 of this Law, the consignee is entitled to request
the transporter to deliver the cargo when it arrives the place of destination
after paying the expenses appropriate to the conditions of transportation.
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Article 137.
Relations of consignor and consignee or mutual relations with third parties
1. The consignor
and the consignee can exercise all their rights by themselves specified in
Article 139 of this Law, regardless of whether such rights are exercised for
its own interest or the interest of another, provided that they perform the
obligations imposed under the contract of cargo transportation.
2. The
regulations of Clause 1 of this Article, Articles 136 and 139 of this Law do
not affect the relation 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. The 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 serves as prima facie
evidence for lodging a complaint or initiating a lawsuit against the
transporter.
2. The data
recorded in the air waybill or the cargo receipt on the quantity, volume and
condition of the cargo is not evidentiary value for lodging complaints or
initiating lawsuits against the transporter, unless such data is certified in
the air waybill or the cargo receipt that they have been checked in the
presence of the consignor or such data relates to the apparent condition of the
cargo.
Article 139. Right to
disposition of cargoes
1. The consignor is entitled to withdraw the cargo at the
airport of departure or destination, retain 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.
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2. If it is impossible to carry out the consignor's request,
the transporter shall promptly notify the consignor thereof.
3. If the transporter complies with the consignor's request
but does not get back the air waybill or cargo receipt already delivered to the
latter, the transporter 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 to disposition of cargo terminates at
the time when the consignee requests the transporter 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. Rejected
cargoes and abandoned cargoes
If the consignee rejects
cargo or the cargo is abandoned, the transporter 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. Issuance
of secondary air waybills
1. The secondary air waybill constitutes an evidence of the
conclusion of the contract for delivery and receipt of cargo for transportation
by air between the enterprise delivering and receiving cargo and the consignor,
the condition of the contract, and the acceptance of the cargo for
transportation. 2. An enterprise delivering and receiving cargo shall apply
for issuance of a secondary air waybill to the Ministry of Transport. An
application includes:
a) An application
form for issuance of the secondary air waybill;
b) Business
registration certificate;
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d) Business
registration certificate of the foreign enterprise, in case where it acts as an
agent to issue secondary air waybills for a foreign enterprise delivering and
receiving cargo.
3. The Ministry
of Transport shall make consideration and decide whether or not to issue
certificates of application for issuance of secondary air waybills within 07
working days after the date of receipt of the complete applications as provided
for in Clause 2 of this Article.
4. Enterprises
applying for certificates of application for issuance of secondary air waybills
shall pay charges.
Article 142.
Liquidation of cargo
1. The cargo
shall be liquidated in case the consignee refuses to receive it or the cargo
cannot be transported to the consignee while the consignor refuses to receive
the cargo back or fails to reply on such receipt of cargo within 60 days after
the date the consignor receives a notification thereon from the transporter;
perishable cargo may be liquidated before the deadline.
2. Proceeds from
the liquidation of the cargo which exclude expenses related to its carriage,
preservation and liquidation shall be returned to the persons entitled to such
proceeds; after 180 days from the date of liquidation of the cargo, if the
persons entitled to such proceeds do not receive them, the remaining proceeds
shall be remitted to the state budget.
3. The Ministry
of Finance shall preside over and cooperate with the Ministry of Transport in
issuing regulations on liquidation of cargo.
Section 4.
TRANSPORTATION OF PASSENGERS AND BAGGAGE
Article 143.
Passenger and baggage transportation contracts
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2. Passenger
tickets, transportation rules, a table of transportation service prices [58]
and other written agreements between the two parties shall constitute documents
of a contract for passenger and baggage transportation.
Article 144.
Passenger tickets, baggage tags
1. Passenger
ticket is a document on the transportation of passenger by air and an evidence
of the conclusion of the contract and the conditions thereof. Each passenger
ticket shall be delivered to an individual or a collective. It contains the
following details:
a) Places of
departure and destination
b) In case where
the places of departure and destination are within the territory of a single
state and one or more stopping places as agreed exist within the territory of
another state, an indication of at least one such stopping place.
2. An means which
stores 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
transporter shall notify passengers of the supply of papers recorded with the
preserved information.
3. The
transporter shall deliver a baggage tag to a passenger for every baggage
package checked.
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 transporters upon transporting passengers
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2. Promptly
notify passengers of information about the flight; take care of passengers,
especially the disabled [59] or persons who are in need of care during
the transportation.
3. When a
passenger's seat has been confirmed in the flight but the transportation is
interrupted or delayed due to a fault not caused by the passenger, the
transporter shall promptly notify the passenger thereof, apologize to the
passenger, 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 transportation rules.
4. When a
passenger's seat has been confirmed in the flight but the transportation is
interrupted or delayed due to a fault caused by the transporter, apart from
performing the obligation prescribed in Clause 3 of this Article, the
transporter shall arrange an appropriate journey for the passenger as
stipulated in the transportation rules or refund the unused portion of the fare
at the request of the passenger without collecting any related charge.
5.[60] If,
due to the transporter’s fault, a passenger whose seat has been confirmed in
the flight is not transported or his/her flight is cancelled or delayed for a
long time without prior notice, the transporter shall perform the obligations
specified in Clauses 3 and 4 of this Article, and pay non-refundable advance
compensation to the passenger. If the transporter is required to compensate for
damage as per civil liability, such amount shall be deducted from the civil
liability compensation.
The Minister of
Transport shall elaborate the time for prior notice, the period of long delayed
flights and non-refundable advance compensations after reaching agreement with
the Minister of Finance
6.[61] The
Minister of Transport shall provide for the quality of passenger services
provided at airports and aerodromes.
Article 146.
Refusal to transport passengers who have tickets and seats confirmed in the
flight or during journey
1. Due to the
health conditions of a passenger, the transporter recognizes that the
transportation or continuation in transportation may cause harms to such
passenger, other passengers on board the aircraft or to the flight.
2. The refusal is
aimed at preventing the spread of epidemics.
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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. The refusal is aimed at protecting security.
7. The transportation of passengers is conducted at the request of a competent state agency.
Article 147. Rights of
passengers
1. Be informed in writing
of the limits of the transporter's liability for damage in case of death or
injury of a passenger, damage to or loss of baggage, and delay.
2. In case where a
passenger cannot be transported due to the transporter's fault, the passenger
is entitled to request the transporter to arrange an appropriate journey or
refund the unused portion of the fare.
3. In the cases specified
in Article 146 of this Law, a passenger is entitled to receive his/her fare
back or an amount of money equivalent to the unused portion of the fare after
subtraction of a charge and fine as stipulated in the transportation rules.
4. Refuse to take the
flight; during the journey, the passenger is entitled to refuse to continue
taking the flight at any airport, aerodrome
or a place of forced landing, and he/she is
entitled to receive the fare back or an amount of money equivalent to the
unused portion of the fare after subtraction of a charge and fine as stipulated
in the transportation rules.
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6. Children under 12
years of age travelling by the aircraft are entitled to exemption from or
reduction in transportation prices [63] within the limit
stipulated in the transportation rules.
Children between 2 and
under 12 years of age shall be allocated separate seats; children under 2 years
old do not have separate seats and must be accompanied by adults.
Article 148.
Obligations of passengers
1. Observe regulations on
assurance of aviation safety and security.
2. Follow instructions of
the transporter during the journey.
3. Compensate for damage
caused due to their fault to the transporter or aircraft operator.
Article 149.
Transportation of baggage
1. Baggage includes
checked baggage and hand baggage.
Checked baggage is
baggage of passengers transported in the aircraft and preserved by the
transporter during the journey.
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2. Baggage of each
passenger shall be transported together with the passenger on board the same
aircraft, except for the following cases:
a) Transporting lost
baggage;
b) Baggage is kept for
flight safety;
c) Transporting
diplomatic and consular bags;
d) A passenger died on
board the aircraft and his/her body was taken out of the aircraft;
dd) Transporting baggage
as cargo;
e) Force majeure cases.
Article 150.
Liquidation of baggage
1. Baggage shall be
liquidated if it is not received by anybody within 30 days from the date it is
transported to the place of destination; perishable baggage may be liquidated
before the deadline.
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Section 5. CONTRACTUAL
AND ACTUAL TRANSPORTATION
Article 151.
Contractual and actual transporters
1. Contractual
transporter is a person entering into a contract for air transportation with a
passenger, a consignor or a representative of the passenger or the consignor.
2. Actual transporter is
a person who performs the whole or part of the transportation under the
authorization of the contractual transporter but is not a successive
transporter as provided for in Article 118 of this Law.
Article 152.
Responsibilities of contractual and actual transporters
1. The contractual
transporter shall take responsibility for the whole of the transportation
agreed in the contract. The actual transporter shall take responsibility for
the part of the transportation which he/she performs.
2. Acts of the
contractual transporter and of his/her servants and agents within the scope of
their assigned works shall, in relation to the part of the transportation
performed by the actual transporter, be deemed to be those of the actual
transporter. The actual transporter is not required to take responsibility
exceeding the limit of liability for compensation for damage specified in
Section 1, Chapter VII of this Law.
3. Acts of the actual
transporter and of his/her servants and agents within the scope of their
assigned works shall, in relation to the part of the transportation performed
by the actual transporter, be deemed to be those of the contractual
transporter.
4. Any agreement under
which the contractual transporter assumes obligations not provided for in this
Chapter, on waiver of rights provided for in this Chapter or on declaration of
the value of the cargo and checked baggage as provided for at Point b, Clause
1, Article 162 of this Law does not affect the responsibility of the actual
transporter unless agreed by the actual transporter.
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1. Except for the case
specified in Clause 2 of this Article, any complaint or request may be
submitted to the contractual or actual transporter.
2. Any request for the
right to disposition of cargo specified in Article 139 of this Law is effective
only if submitted to the contractual transporter.
Article 154. Limit of
liability of servant and agent
When the transportation
is performed by the actual transporter, any servant or agent of the actual
transporter or of the contractual transporter, if they prove that their acts
fall within the scope of their assigned works, is entitled to limits of air
transporter liability specified in Section 1, Chapter VII of this Law.
Article 155. Aggregate
of damages
When the transportation
is performed by the actual transporter, the aggregate of damages payable by the
actual transporter, the contractual transporter and their servants and agents
within the scope of their assigned works must not exceed the damages payable by
the contractual and actual transporters. Each transporter is not required to
pay a sum in excess of the limit of liability.
Article 156.
Defendants
When the transportation
is performed by the actual transporter, a lawsuit over damages may be filed
against the actual transporter or the contractual transporter or against both
the actual and contractual transporters. If the lawsuit is brought against only
one of those transporters, that transporter is entitled to request the court to
bring the other transporter to the court in order to participate in
proceedings.
Section 6.
TRANSPORTATION OF SPECIAL CARGO
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The transportation of
postal items [65] by air shall
comply with regulations of this Law and the post law.
Article 158.
Transportation of dangerous cargo
1. Dangerous cargo means
an article or substance which may cause danger to human health and life, flight
safety, property or environment.
2. The transportation by
air of dangerous cargo shall comply with regulations of this Law and relevant
laws.
3.[66] (Annulled)
4.[67] (Annulled)
Article 159.
Carriage of weapons, war tools and radioactive materials [68]
1. It is
prohibited to transport by air weapons, war tools and radioactive materials
into or through the Vietnamese territory, except the cases prescribed in
Clauses 2 and 3 of this Article.
This provision
also applies to official-duty aircraft.
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3. The Prime
Minister shall decide special cases where the air transportation of radioactive
materials into or through the Vietnamese territory is permitted.
4. In addition to
Clauses 1, 2 and 3 of this Article, the air transportation of weapons, war
tools and radioactive materials shall comply with relevant regulations.
Chapter VII
CIVIL LIABILITY
Section 1.
RIGHTS AND CIVIL LIABILITY OF TRANSPORTERS
Article 160.
Compensation for damage to passengers
The transporter
is liable for damage in case a passenger is dead or injured when the accident
which causes the death or injury occurs on board the aircraft or during time
the transporter helps the passenger embark or disembark the aircraft.
Article 161.
Compensation for damage to cargo and baggage
1. The
transporter is liable for damage in case of loss or lack of, or damage to,
cargo and checked baggage when the event which causes the loss, lack or damage
occurs during the period from the time the consignor and passenger deliver the
cargo and checked baggage to the transporter to the time the transporter
returns the cargo and checked baggage to the entitled recipient; in case of
transportation of cargo, this period does not extend to any transportation by
sea, land, rail or inland waterway performed outside an airport or aerodrome.
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When the
compensation for the cargo or baggage is paid 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 to
the transporter.
3. If the cargo
has been received by the transporter, any damage shall be regarded as the
result of the event which occurs during the transportation by air regardless of
the actual mode of transport, except for the case the transporter proves that
such damage is caused during the stage of transportation by sea, land, rail or
inland waterway. If the transporter, without the consent of the consignor,
substitutes transportation by another mode of transport for the whole or part
of the transportation by air, the transportation by another mode shall be
deemed to be the transportation by air.
4. The
transporter shall refund the consignor and the passenger the transportation
service price [69] with respect to the quantity of the damaged cargo and
checked baggage.
Article 162.
Compensation for damage to cargo and baggage
1. The
compensation payable by the transporter 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) According to
the declared value upon receipt of the cargo and checked baggage at the place
of destination. When the transporter proves that the declared value is higher
than the actual value, the compensation shall be calculated based on the actual
damage value;
c) According to
the actual damage value, for cargo and checked baggage whose value is not
declared;
d) According to
the actual damage value, for hand baggage.
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Article 163.
Compulsory insurance for transsporters' liability for damage compensation
The transporter
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 limit of liability applicable to the transporter provided for in Article
166 of this Law.
Article 164.
Compensation for damage caused by delay
1. The
transporter is liable for damage caused by delay, unless it is proved that
he/she and his/her servants and agents have taken all measures to avoid the
damage or that it is impossible for him/her or them to take such measures.
2. The
compensation payable for damage caused by delay must not exceed the limits of
liability provided for in Article 166 of this Law.
Article 165.
Extemption from and reduction in liability
1. If the
transporter proves that the damage is caused by the fault of the person
entitled to claim compensation, he/she shall be wholly or partly exonerated
from his/her 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 transporter proves that the damage is
caused by the fault of such passenger, he/she shall be wholly or partly
exonerated from his/her liability corresponding to the extent of the
passenger's fault; the transporter is not liable for the death or injury of a
passenger if such damage is caused by the passenger's health conditions.
3.[70] The
transporter may be partly or wholly exonerated from his/her compensation
liability for the damage to the cargo at a corresponding level in the following
cases:
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b) A decision of
the court or a competent state agency in relation to the cargo;
c) War or an
armed conflict;
d) Fault of the
consignor or the consignee or the cargo escorter appointed by the consignor or
the consignee
4.[71] The
transporter may be partly or wholly exonerated from his/her compensation
liability for the damage to the checked baggage at a corresponding level caused
by natural characteristics or inherent defects of the baggage.
Article 166.
Limits of compensation liability applicable to the transporter
1. The
transporter is entitled to the limits of liability as follows:
a) Regarding
transportation of passengers, the limit of liability for the death or injury of
passengers is one hundred thousand units of account per passenger;
b) Regarding
transportation of passengers, the limit of liability for damage caused by delay
is four thousand one hundred and fifty units of account per passenger;
c) Regarding
transportation 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 checked baggage received at the place of destination and paid a
supplementary charge therefor, the transporter is liable to pay a compensation
based on the declared value, unless he/she proves that such value is higher
than the actual value;
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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 determination of the transporter's liability in case of transportation 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 determination of the limit of liability of the transporter.
4. The
transporter is only entitled to the limit of liability specified at Point a,
Clause 1 of this Article if he/she proves that the damage is caused by the
fault of a third party or the damage is not caused by his/her fault.
5. The
transporter is not entitled to the limits of liability specified at Points b, c
and d, Clause 1 of this Article if the transporter, his/her servants and agents
commit acts of causing damage intentionally or recklessly and know that damage
would probably result. If such acts are committed by servants or agents, the
transporter shall prove that such servants or agents act within the scope of
their assigned works.
6. If necessary,
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 transporter and the passenger, consignor and consignee with a view
to exempting or reducing the limits of liability of the transporter provided
for in Article 166 of this Law shall not be legally valid.
2. The
transporter 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 transporters
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Article 169.
Advance payments
1. In case an
aircraft accident results in death or injury of passengers, the transporter
shall make advance payments without delay to passengers or persons who are entitled
to claim compensation.
Such advance
payments shall be decided by the transporter and stated in the transportation
rules.
2. Advance
payments made under regulations of Clause 1 of this Article do not constitute
evidences for determination of the transporter 's faults and may be offset
against any amounts subsequently paid as damages by the transporter.
Article 170.
Complaints and lawsuits against transporters
1. Passengers,
the consignor, the consignee or their lawful representatives are entitled to
lodge complaints or initiate lawsuits against the transporter in order to
protect their legitimate rights and interests when they are infringed.
2. Before
initiating a lawsuit about the loss or lack of, damage to, or delay of the
cargo, or checked baggage, the person entitled to initiate such lawsuit
provided for in Clause 1 of this Article shall lodge a written complaint and
send it to the transporter within the following time limit:
a) Seven days
from the date of receipt of baggage in case of loss or deficit of, or damage
to, baggage;
b) Fourteen days
from the date of receipt of cargo in case of loss of or damage to the cargo;
twenty one days from the date of delivery of cargo in case of loss of the
cargo;
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3. The
transporter shall notify the complainant of the acceptance or rejection of
his/her complaint within thirty days after the date of receipt of such complaint.
If the complaint is rejected or the complainant receives no reply within the
said time limit, he/she may initiate a lawsuit.
4. The initiation
of lawsuit over the transporter'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
transporter or a plausible reason given by the person entitled to complain.
Article 171.
Rights of transporter's servants and
agents when they are complained
1. If a complaint
is lodged against a servant or agent of the transporter about compensation for
damage, such servant or agent is entitled to the limits of liability applicable
to the transporter as specified in Section 1, Chapter VII of this Law if such
servant or agent proves that he/she acts within the scope of his/her assigned
works.
2. Total amount
payable by the transporter, his/her servants and agents shall not exceed the
limits of liability provided for in this Law.
Article 172.
Jurisdiction of Vietnamese courts to settle disputes in international air
transportation
1. The Vietnamese
court has jurisdiction to settle any dispute arising from a contract for
international transportation by air of passengers, baggage and cargo at the
option of the plaintiff in the following cases:
a) The
transporter has its head office or principal place of business in Vietnam;
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c) Vietnam is the
place of destination of the cargo journey.
2. Contract of
international transportation stated in Clause 1 of this Article is a contract
of transportation 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 transportation 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. Regarding a
dispute over the damage which results from the death or injury of a passenger,
apart from regulations 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 occurs,
provided that
a) The
transporter operates the transportation of passengers either on its own
aircraft or on another transporter's aircraft pursuant to a contract signed
between these two transporters for their joint operation of transportation of
passengers by air;
b) The
transporter uses his/her head office or the head office of another transporter
with a joint operation contract to conduct his/her business of transportation
of passengers by air in Vietnam
4. Procedures for
the settlement of disputes shall comply with regulations of this Law and the
civil procedure law of Vietnam.
Article 173.
Settlement of disputes by arbitration
1. The parties to
the contract of transportation for cargo may reach an agreement on settlement
of arising disputes by arbitration. Such arbitration agreement shall be made in
writing.
2. Regarding
disputes arising from contracts of international transportation for cargo and
related to the transporter'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
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Article 174.
Statute of limitations for initiation of lawsuits about transporters' liability
The statute of
limitations for initiation of lawsuits concerning the transporter's liability
for damage to passengers, baggage and cargo is two years 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 the
transportation is forced to stop, whichever is the later.
Section 2.
LIABILITY FOR DAMAGE TO THIRD PARTIES ON THE SURFACE
Article 175. Right to
claim damages
1. Agencies, organizations and individuals on the surface that
suffer from damage caused by the in-flight aircraft or by persons, articles or
substances on the aircraft (hereinafter referred to as “third parties on the surface”)
are entitled to compensation if they prove that the in-flight aircraft or
persons, articles, substances on the aircraft directly cause such damage.
2. In this Section, an aircraft shall be considered to be an
in-flight aircraft from the moment when power is applied for the purpose of
takeoff until the moment when the landing run ends; regarding an airship or a
similar flying device, it shall be considered to be an in-flight airship or
device 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 for damage compensation toward
third parties on the surface or take other security measures up to the limits
of their liability provided for in Article 180 of this Law.
Article 177. Damage
compensation liability
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2. Any person who illegally uses the aircraft, causing damage
to third parties on the surface shall pay compensation therefor. The possessor
of the aircraft is severally and jointly responsible with the illegal user of
the aircraft for the caused damage, unless he/she proves that he/she has
applied every necessary measure to prevent such illegal use.
3. Aircraft operator stated in this Chapter means a person who
directly uses the aircraft or whose servants are using the aircraft in the
course of their employment at the time of the damage.
Article 178. Exemption
from and reduction in liability for compensation
1. When the person who suffers the damage has a fault that
causes the damage, the compensation of the person who causes the damage shall
be reduced to the extent of fault of the former; if the damage is solely caused
by the fault of the person who suffers the damage, the person who causes the
damage is not liable therefor.
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
initiate lawsuits for recourse of persons liable for damage
A person liable for
damage is entitled to initiate a lawsuit for recourse against any organization
or individual 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
account per kilogram of the aircraft.
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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 in-flight aircrafts which have
collided or interfered with each other, 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. If necessary, the Government shall decide to increase the
limits of liability applicable to the aircraft operator.
Article 181. Cases
where the aircraft operator is not entitled to the limits of liability
1. The damage is caused by the fault of the aircraft operator
or his/her servants and agents.
2. The damage is caused during the time the aircraft is
illegally used.
Article 182.
Settlement of compensation in case total actual damage value exceeds the
aircraft operator's limit of liability
1. If it is only required to compensate for death or injury or
damage to property, the compensation for each case (death or injury or damage
to property) shall be reduced in proportion to the actual damage value.
2. If it is required to compensate for death, injury and damage
to property, the total compensation distributable shall be appropriated
preferentially to compensate for death or injury. The remainder, if any, of the
total compensation distributable shall be distributed proportionately to
compensate for damage to property.
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1. Insurers and securers shall be entitled to exemption from
or reduction in liability in the cases specified in Article 178 of this Law.
2. Insurers and securers shall be exempted from their
liability in the following cases:
a) The damage is caused
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
flying, the insurance or security period shall be extended till the aircraft
lands at the next place in the flight but the extension shall not exceed twenty
four hours from the time the insurance contract or the security ceases to be
effective. The extension of the insurance or security period shall apply only
when the person who suffers the damage has interests;
b) The damage is caused
outside the territorial limits provided for in the insurance or security
contract, except for force majeure events or emergency circumstances.
Article 184. Exemption
from seizure of insurance premiums and deposits
Insurance premiums and
deposits specified in Article 176 of this Law shall be exempt from seizure in
order to meet requirements of creditors of the aircraft operator until the
compensation for damage to the third parties on the surface is settled.
Article 185.
Jurisdiction of the Court
The Court of the place
where the damage is caused shall have jurisdiction to compensate for damage to
third parties on the surface, unless otherwise provided for by treaties to
which the Socialist Republic of Vietnam is a signatory.
Article 186. Statute
of limitations for initiation of lawsuits for the purpose of request for
compensation
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Article 187.
Application of regulations on damage compensation
The regulations of this
Section shall be applied to in-flight aircrafts that cause damage to Vietnamese
ships and works in the sea under the sovereignty, sovereign rights and national
jurisdiction of Vietnam or the sea and land which do not fall under the
sovereignty, sovereign rights and jurisdiction of any state.
Section 3. LIABILITY
FOR DAMAGE CAUSED BY AIRCRAFTS WHICH COLLIDE OR INTERFERE WITH EACH PTHER
Article 188. Liability
for damage of operators of in-flight aircrafts which collide or interfere with
each other
1. In case of damage caused by in-flight aircrafts
which collide or interfere with each other, the liability of the aircraft
operators shall be determined as follows:
a) If the damage is
caused by the fault of one party, the party having fault shall pay damages;
b) If the damage is
caused by faults 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 damages.
2. The regulation of Clause 1 of this Article does not
prejudice the claims for compensation by the transporter. The transporter is
entitled to request the aircraft operator to be liable for the damage provided
for in Clause 1 of this Article to perform the obligation to reimburse the paid
compensation.
Article 189. Several
and joint liability
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Chapter VIII
AVIATION SECURITY
Article 190. Aviation
security
1. Aviation security is
use of measures, human resources, equipment and tools in a combined manner to
prevent, stop and respond to acts of illegal interference in civil aviation
activities, safely protect aircrafts, passengers, crews and persons on the
surface.
2.[72] Acts
of illegal interference in civil aviation activities are acts likely to
endanger the safety of civil aviation, including:
a) Appropriating
aircrafts flying;
b) Appropriating
aircrafts on the ground;
c) Using aircrafts as
weapons;
d) Holding hostages in
aircrafts or at airports or aerodromes;
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e) Illegally bringing
dangerous objects on board aircrafts, airports, aerodromes and other restricted
areas.
Dangerous objects include
weapons, ammunitions, inflammables, explosives, chemical and biological toxins,
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) Providing false
information that affects the safety of aircrafts flying or on the ground, the
safety of passengers, crews, ground personnel or persons at airports,
aerodromes and civil air navigation facilities and equipment;
h) Intentionally
committing illegal acts endangering the safety of operation of aircrafts,
airports or aerodromes; or affecting air navigation assurance.”
Article 191. Aviation
security assurance [73]
1. Aviation security shall be ensured by the following
measures:
a) Safeguarding security
and national defense, maintaining social order and safety in accordance with
the laws on national security, national defense, people’s public security
force, counter-terrorism, and other relevant laws;
c) Checking, screening
and supervising aviation security of aircrafts, vehicles, people, baggage,
cargoes leaving, entering and operating in restricted areas under regulations;
searching aircrafts, vehicles, people, baggage and cargoes when they show signs
of endangering aviation security;
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Troublemaking
passenger means a passenger who intentionally refuses to abide by regulations
on aviation safety and security and public order at an airport or aerodrome, onboard
an aircraft or spreads or provides false information endangering aviation
safety;
dd) Supervising
aviation security, maintaining order and discipline at airports, aerodromes and
places where there are air navigation facilities and equipment and onboard
aircrafts;
e) Preventing and
combating terrorism onboard aircrafts;
g) Applying
special preventive measures when permitting the transportation of dangerous
persons;
h) Controlling
internal security among aviation employees;
i) Responding to acts of
illegal interference in civil aviation activities.
2. The Ministry of Public
Security and the Ministry of National Defense shall, within the ambit of their
powers, preside over and cooperate with the Ministry of Transport, provincial
People’s Committees and relevant ministries and central authorities in organizing
the application of the measures specified at Points a, e, g and i, Clause 1 of
this Article.
3. The Ministry of
Transport shall preside over and cooperate with the Ministry of Public Security
and Ministry of National Defense, provincial People’s Committees and related
ministries and central authorities in organizing the application of the
measures specified at Points b, c, d, dd and h, Clause 1 of this Article.
4. The Government
shall elaborate this Article.
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1.[74] Restricted
zone is a zone in an airport, aerodrome or place where there are air navigation facilities
and equipment in which the entry, exit and activities shall comply with
regulations of competent state agencies and be subject to inspection, screening
and supervision of aviation security.
2. The
establishment of restricted zones in airports, aerodromes
and places where there are air
navigation facilities and equipment shall ensure aviation security and the
characteristics of civil aviation activities.
Article 193.
Inspection, screening, supervision of and search for pre-flight aviation
security[75]
1. An aircraft
shall undergo pre-flight aviation security inspection and supervision; in case
there is a sign or information threatening flight security and safety, aviation
security search shall be conducted.
2. Passengers,
crew members, flight attendants, other related persons, baggage, cargoes,
postal items and other objects shall undergo aviation security inspection,
screening and supervision prior to boarding the aircraft; in case there is a
sign or information threatening flight security and safety, aviation security
search shall be conducted Supervision of aviation security and maintenance of
order and discipline on board the aircraft shall be performed throughout the
flight.
3. The Government
shall elaborate conditions and procedures for aviation security search.
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 aircrafts
and human life.
2. The aircraft which is illegally interfered shall be given
priority in flight administration and other necessary assistance.
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4. The Ministry of Public Security shall command forces
participating in the implementation of emergency plans.
5. The Ministry of National Defense shall handle acts of
illegal interference specified at Point c, Clause 2, Article 190 of this Law;
direct its agencies and units in charge of the airspace and flight operations
to prioritize their assistance in administering aircrafts which are illegally
interfered while they are flying in the Vietnamese airspace; and cooperate with
air traffic service providers in providing guidance for crews on implementation
of proper measures to handle such acts of illegal interference and other
appropriate handling measures.
6. In special cases which fall beyond the competence of
relevant ministries and central authorities, the Prime Minister shall decide to
handle matters in assurance about safety for aircrafts, crews, passengers,
baggage and cargo in such aircrafts.
7. Airlines shall pay all expenses arising from the response
to acts of illegal interference in their aircrafts.
Article 195. Aviation
security controllers[76]
1. Aviation security controllers shall be directed by the
Ministry of Transport to apply aviation security assurance measures within the
scope of responsibility of the Ministry of Transport.
2. Aviation security controllers exercise control at airports,
aerodromes, aircrafts, air traffic service providers, establishments
manufacturing, maintaining and repairing aircrafts and aircraft equipment,
aviation service providers at airports and aerodromes, and establishments
processing cargoes and postal items to be loaded onto aircrafts.
3. Aviation security controllers shall be recruited and
trained to meet professional requirements; and provided with uniforms, badges
and insignias under regulations of the Ministry of Transport.
4. Aviation security controllers shall be equipped with and
entitled to use weapons, support tools, equipment and vehicles to perform their
tasks as prescribed by law.
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Article 196. Aviation
security programs and regulations[77]
1. Aviation security programs and regulations define
responsibilities of agencies, organizations and individuals involved in
implementation of processes, procedures and measures to ensure aviation
security.
2. Aviation security programs and regulations include:
a) Vietnam’s aviation
security program;
b) Vietnam’s aviation
security training program;
c) Vietnam’s aviation
security quality control program;
d) Aviation security
programs of airport and aerodrome operators;
dd) Aviation security
programs of airlines;
e) Aviation security
training programs of establishments training aviation employees;
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3. Aviation security
programs and regulations specified in Clause 2 of this Article shall be
promulgated in accordance with Vietnamese law and treaties to which the
Socialist Republic of Vietnam is a signatory.
4. The Minister of Transport shall promulgate aviation
security programs specified at Points a, b and c, Clause 2 of this Article.
The Aviation Authority
shall approve aviation security programs and regulations specified at Points d,
dd, e and g, Clause 2 of this Article; accept or reject aviation security
programs of foreign airlines.
Article 197.
Responsibilities of organizations and individuals involved in civil aviation
activities for assurance about aviation security[78]
1. Operators of airports
and aerodromes, airlines, air traffic service providers, establishments
manufacturing, maintaining and repairing aircrafts and aircraft equipment,
aviation service providers at airports and aerodromes, and establishments
processing cargoes and postal items to be loaded onto aircrafts shall formulate
civil aviation security programs and regulations and submit them to competent
state agencies for approval, and organize implementation of such programs and
regulations; and ensure aviation security for activities under their
management.
2. Foreign airlines that operate scheduled transportation to
and from Vietnam shall submit civil aviation security programs for their
operations in Vietnam to the Aviation Authority.
3. Airlines and aircraft operators that operate international
flights to Vietnam shall provide information on flights, passengers and crews
in advance to competent state agencies according to regulations of the
Government.
4. Other organizations and individuals involved in civil
aviation activities shall comply with regulations of the law on aviation
security.
5. The Ministry of Transport shall inspect 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
signatory; inspect, examine, survey, test, evaluate and investigate the
observance of the aviation security law by organizations and individuals
involved in civil aviation activities.
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GENERAL AVIATION ACTIVITIES
Article 198.
Conditions applicable to general aviation activities
1. General aviation
activities are activities of using aircrafts to make flights in industrial,
agricultural, forestry, fishery, construction sectors and other economic
domains, thereby serving search and rescue, emergency aid, salvage, health,
scientific research, culture, sport, training, refresher training, eligible
flights, measurement, photographing, video-recording, personal needs and other
civil flight activities not for the purpose of public transportation of
passengers, baggage, cargo and postal items[79].
2. General civil aviation
activities shall satisfy the following conditions:
a) Aircrafts and crews
shall be issued with necessary permits and certificates as provided for by this
Law and appropriate to operation forms performed;
b) Conditions for
aviation safety and security, environmental protection and other regulations of
relevant laws shall be satisfied.
3. Organizations
conducting general aviation activities for commercial purposes shall have aircraft
operator's certificates as provided for in Article 23 of this Law.
4. [80]
Organizations that conduct general aviation activities for commercial purposes
must not commit prohibited acts of competition restriction or unfair
competition; may not use brands, including trade names and marks causing
confusion with those of other organizations conducting general aviation
activities; and may neither transfer nor acquire the right to conduct general
aviation activities for commercial purposes.
Article 199.
Management of general aviation activities
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2. Enterprises
established and registered in accordance with Vietnamese law and performing
general aviation activities for commercial purposes shall be issued with
general aviation business permits by the Ministry of Transport.
3. The Government shall
elaborate conditions and procedures for issuance of general civil aviation
registration certificates and civil aviation business permits.
4. Applicants for civil
general aviation registration certificates and civil aviation business permits
shall pay charges.
Article 200. Contracts
for 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 for damage compensation
Organizations and
individuals carrying out general aviation activities shall purchase compulsory
insurance for their liability under regulations of this Law.
Chapter X
IMPLEMENTATION PROVISIONS[81]
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1. This Law comes into
force from January 01, 2007.
2. This Law replaces the
Law on Vietnam Civil Aviation dated December 26, 1991 and the Law on amendments
to some Articles of the Law on Vietnam Civil Aviation dated April 20, 1995./.
CERTIFIED BY
CHAIRMAN
Bui Van Cuong
[1] The Land Law No. 45/2013/QH13 is promulgated
pursuant to:
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The National Assembly
promulgates the Land Law,”.
The Law No. 61/2014/QH13
on amendments to some Articles of the Law on Vietnam Civil Aviation is
promulgated pursuant to:
The National Assembly
promulgates Law on amendments to some Articles of the Law on Vietnam Civil
Aviation No. 66/2006/QH11.“.
The Law
on Prices No. 16/2023/QH15 is promulgated pursuant to:
“The
Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Law on Prices.”.
The Law
on Civil Defense No. 18/2023/QH15 is promulgated pursuant to:
“The
Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Law on Civil
Defense.”.
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[3] This Clause is added by Clause 1 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[4] This Article is amended by Clause 2 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015.
[5] This Clause is added by Clause 3 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[6] This Clause is amended by Clause 4 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[7] This Clause is amended by Clause 4 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[8] This Article is amended by Clause 5 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[9] This Clause is amended by Point a Clause 1
Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from
July 01, 2024.
[10] This Clause is amended by Point a Clause 1
Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from
July 01, 2024.
[11] This Clause is amended by Point b Clause 1
Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from
July 01, 2024.
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[13] This Clause is annulled by Point c Clause 1
Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from
July 01, 2024.
[14] This Clause is amended by Clause 6 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[15] This Article is amended by Clause 7 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015.
[16] This Article is amended by Clause 8 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015.
[17] This Article is amended by Clause 9 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015.
[18] This Clause is amended by Clause 10 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[19] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
[20] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
[21] This Clause is added by Clause 11 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[23] This Clause is amended by Clause 13 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[24] This Article is annulled by Clause 2
Article 211 of the Land Law No. 45/2013/QH15, which comes into force from July
01, 2014.
[25] This Clause is amended by Clause 14 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[26] This Clause is amended by Clause 15 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[27] This Clause is amended by Clause 16 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[28] This Clause is amended by Clause 16 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[29] This Clause is amended by Clause 17 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[30] This Clause is amended by Clause 18 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[31] This Clause is added by Clause 19 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[33] This Clause is amended by Clause 20 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[34] The phrase “Bộ Bưu chính, viễn thông”
(Ministry of Post and Telematics) is replaced by the phrase “Bộ Thông tin và
Truyền thông” (Ministry of Information and Communications) according to Clause
39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the
Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[35] The title of this Section is amended by
Clause 21 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles
of the Law on Vietnam Civil Aviation, which comes into force from July 01,
2015.
[36] This Article is amended by Clause 22
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[37] This Clause is amended by Clause 23 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[38] This Clause is amended by Clause 23 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[39] The phrase “Ủy ban Quốc gia tìm kiếm cứu
nạn” (the National Committee for Search and Rescue) is replaced by the phrase
“Ban chỉ đạo Phòng thủ dân sự quốc gia" (National Steering Committee for
Civil Defense) according to Clause 8 Article 54 of the Law on Civil Defense No.
18/2023/QH15, which comes into force from July 01, 2024.
[40] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
[42] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
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[44] This Clause is amended by Clause 26 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[45] This Article is amended by Clause 27
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[46] This Clause is amended by Point d Clause 1
Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from
July 01, 2024.
[47] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
[48] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
[49] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015;
[50] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015.
[51] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015.
[52] This Article is annulled by Clause 40
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
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[54] The phrase “giá cước” (freight rates) is
replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[55] The phrase “cước phí” (freight) is replaced
by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015.
[56] The phrase “giá cước” (freight rates) is
replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[57] The phrase “cước phí” (freight) is replaced
by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015.
[58] The phrase “giá cước” (freight rates) is
replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[59] The phrase “tàn tật” is replaced by the
phrase “khuyết tật” according to Clause 39 Article 1 of the Law No.
61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015.
[60] This Clause is amended by Clause 28 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[61] This Clause is added by Clause 28 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[62] The word “cước” (freight) is replaced by
the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of
the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam
Civil Aviation, which comes into force from July 01, 2015.
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[64] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015.
[65] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015.
[66] This Clause is annulled by Clause 40
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[67] This Clause is annulled by Clause 40
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[68] This Article is amended by Clause 29
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[69] The phrase “cước phí” (freight rates) is
replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[70] This Clause is amended by Clause 30 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[71] This Clause is added by Clause 30 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[72] This Clause is amended by Clause 31 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[74] This Clause is amended by Clause 33 Article
1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[75] This Article is amended by Clause 34
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[76] This Article is amended by Clause 35
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[77] This Article is amended by Clause 36
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[78] This Article is amended by Clause 37
Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law
on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[79] The phrase “bưu phẩm, bưu kiện, thư” is
replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law
No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015.
[80] This Clause is added by Clause 38 Article 1
of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on
Vietnam Civil Aviation, which comes into force from July 01, 2015;
[81] Articles 210, 211 and 212 of the Land Law
No. 45/2013/QH13, which comes into force from July 01, 2014 stipulate as
follows:
“Article 210.
Transitional regulations
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2. If an investor
leasing land from the State with annual rental payment for construction and
commercial operation of infrastructure of industrial parks, industrial clusters
or export processing zones has subleased out the land together with
infrastructure in the form of lump-sum payment for the entire lease period prior
to the effective date of this Law, the investor shall pay the land rental to
the State in accordance with the Government's regulations. Persons who sublease
the land have the rights and obligations which are the same as those of persons
leasing land from the State with lump-sum payment for the entire lease period
after the investor has paid the whole land rental to the state budget
3. Households and
individuals that are directly engaged in agricultural production and have been
allocated land or acquired agricultural land use rights or whose land use
rights are recognized prior to the effective date of this Law, if they wish to
continue to use the land at the expiry of the land use term, may use the land
within the term prescribed in Clause 1, Article 126 of this Law. The land use
term shall be counted from October 15, 2013, for cases where the land use term
expires on October 15, 2013, in accordance with the 2003 Land Law; and from the
expiry date of the land allocation term, for cases where the land use term
expires after October 15, 2013.
4. Regarding a
household or individual that uses agricultural land prior to the effective date
of this Law and has not been granted a certificate, the land use term upon the
issuance of the certificate shall be counted from the effective date of this
Law.
5. Regarding the land
allocated by the State to economic organizations to create capital for
infrastructure construction within projects, or the land acquired from winning at LURs auctions before July 01,
2004 and used by the economic organizations for which the land use term
has not yet been determined, the land use term will comply with the
Government’s regulation.
6. The regulations of
this Law do not apply to the projects or facilities for which the compensation,
support and resettlement have been conducted prior to the effective date of
this Law. Regarding any project or facility whose plan for compensation,
support and resettlement has been approved or for which the compensation,
support and resettlement are being conducted in accordance with the plan
approved before the effective date of this Law, the compensation, support and
resettlement shall be conducted in accordance with the approved plan, not in
accordance with this Law.
7. Regarding cases of
land allocation, land lease, land repurposing or recognition of land use rights
which have been implemented before the effective date of this Law, if the land
users have not fulfilled their financial obligations, the time for calculation
of land use levy or land rental shall comply with the Government’s regulations.
8. Households and
individuals using agricultural land area allocated in excess of the land use
quotas before the effective date of this Law, shall transfer the land use to
land lease in accordance with this Law.
9. The Government
shall provide for the handling of specific cases where the land is used in
contravention of the land law and the cases guaranteed by land use rights
before the effective date of this Law.
Article 211. Entry
into force
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The Land Law No.
13/2003/QH11 and Resolution No. 49/2013/QH13 dated June 21, 2013, of the
National Assembly on extension of the land use term for annual crops,
aquaculture or salt production of households and individuals cease to be
effective from the effective date of this Law.
2. Article 57 of the
Law No. 66/2006/QH11 on Vietnam Civil Aviation, Article 2 of the Law No.
34/2009/QH12 on amendments to Article 126 of the Law on Housing and Article 121
of the Land Law, Article 4 of Law No. 38/2009/QH12 on amendments to a number of
Articles of Laws Concerning Basis Construction Investment, Article 264 of Law
No. 64/2010/QH12 on Administrative Procedures, and the regulations on land
requisition in Law No. 15/2008/QH12 on Compulsory Purchase and Requisition of
Property shall be annulled.
Article 212.
Specific regulations
The Government shall
elaborate articles and clauses in the Law.”.
Article 3 of the Law No.
61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil
Aviation, which comes into force from July 01, 2015 stipulates as follows:
“Article 3
1. This Law comes into force from July 01, 2015.
2. The Government and competent authorities shall elaborate
articles and clauses in the Law.”.
Article 74 and Article 75
of the Law on Prices No. 16/2023/QH15, which comes into force from July 01,
2024 stipulate as follows:
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1. This Law comes into
force from July 01, 2024, except for the case specified in Clause 2 of this
Article.
2. Clause 2 Article 60
of this Law comes into force as of January 1, 2026. From July 1, 2024 to the
end of December 31, 2025, each valuation council shall have at least 1 member
having one of the following professional certificates:
a) College diplomas or
higher concerning prices and/or valuation;
b) Valuer cards;
c) Certificates of
professional training in valuation;
d) Certificates of
advanced training in state valuation.
3. The Law on Prices
No. 11/2012/QH13, which has been amended by Law No. 61/2014/QH13, Law No.
64/2020/QH14, and Law No. 07/2022/QH15 (hereinafter referred to as “Law on
Prices No. 11/2012/QH13”), expires as of the effective date of this Law, except
for Article 75 of this Law.
Article 75.
Transitional provisions
1. Within 12 months
after this Law comes into force, valuation enterprises with certificates of
eligibility for valuation services issued under the Law on Prices No.
11/2012/QH13 shall meet the requirements for eligibility for valuation services
under this Law. After the mentioned period, if valuation enterprises fail to
meet the requirements for eligibility for valuation services according to this
Law, the Ministry of Finance of Vietnam shall revoke their certificates of
eligibility for valuation services.
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Article 55 of the Law on
Civil Defense No. 18/2023/QH15, which comes into force from July 01, 2024
stipulates as follows:
“Article 55.
Entry into force
This Law comes into
force from July 01, 2024.