Chương 2 Luật Hàng không dân dụng việt nam 2006: Tàu bay

Chapter II

AIRCRAFT

Section 1. NATIONALITY OF AIRCRAFT

Article 13.- Registration of nationality of aircraft

1. Aircraft means a craft that can derive support in the atmosphere from the reactions of the air, including aircraft, helicopters, gliders, airships and other flying crafts, excluding those which derive support in the atmosphere from the reactions of the air against the earth's surface.

2. To register for Vietnamese nationality, an aircraft must fully meet the following conditions:

a/ Having no nationality of any state or having relinquished its foreign nationality;

b/ Having lawful papers evidencing its ownership;

c/ Conforming with technical standards set or recognized by competent state agencies.

3. Aircraft in course of manufacture, assembling or testing in Vietnam shall be permitted for temporary registration to have Vietnamese nationality if they meet the conditions specified at Point b and Point c, Clause 2 of this Article.

4. Aircraft owned and operated by Vietnamese organizations or individuals must be registered to have Vietnamese nationality; in case of individuals, they must be permanent residents in Vietnam.

5. Aircraft owned by foreign organizations or individuals and leased by Vietnamese organizations or individuals in the form of dry lease or hire-purchase shall be permitted for registration to have Vietnamese nationality according to the Government's regulations.

6. The Vietnam aircraft register shall be opened publicly and used to record information on registration of nationality of aircraft. Organizations and individuals are entitled to request the grant of extracts or copies from the Vietnam aircraft register at a fee.

7. An aircraft has Vietnamese nationality from the time it is recorded in the Vietnam aircraft register. The Ministry of Transport shall issue aircraft nationality registration certificates.

8. Applicants for registration of aircraft to have Vietnamese nationality shall pay a fee.

Article 14.- Deletion of registration of nationality of aircraft

An aircraft shall has its Vietnamese nationality deleted in the following cases:

1. Being declared missing under Clause 3, Article 103 of this Law;

2. Being irreparably or irrestorably damaged;

3. Failing to meet the conditions specified in Clause 2, Article 13 of this Law;

4. At the proposal of the aircraft registrant.

Article 15.- Nationality and registration marks of aircraft

When operating, every aircraft must be painted or affixed with nationality and registration marks in accordance with the law of the state in which the aircraft's nationality is registered.

Article 16.- Specific provisions on nationality of aircraft

The order and procedures for registration and deletion of registration of Vietnamese nationality with respect to aircraft shall be stipulated by the Government.

Section 2. STANDARDS OF AIRWORTHINESS

Article 17.- Certificates of airworthiness

1. Aircraft shall be permitted for operation in the Vietnamese airspace only when they have valid certificates of airworthiness granted or recognized by the Ministry of Transport.

2. A certificate of airworthiness shall only be granted to an aircraft that meets all the following conditions:

a/ The aircraft is compatible with its class certificate;

b/ Having adequate facilities and equipment to ensure safety;

c/ Being operated and maintained according to regulations;

d/ Being in a state suitable to the expected operation purpose.

3. Applicants for certificates of airworthiness shall pay a fee.

4. Certificates of airworthiness of aircraft having foreign nationality shall be recognized provided that they are granted in accordance with standards prescribed or recognized by Vietnam.

Article 18.- Class certificates

1. Class certificates shall be granted or recognized if the designs of aircraft, aircraft engines or aircraft propellers meet all airworthiness conditions prescribed or recognized by Vietnam.

2. Applicants for class certificates shall pay a fee.

3. Aircraft, aircraft engines and aircraft propellers which are manufactured in Vietnam or imported into Vietnam must be compatible with class certificates granted or recognized by the Ministry of Transport.

Article 19.- Conditions on import and export of aircraft, aircraft engines, aircraft propellers and aircraft spare parts

1. To be-exported aircraft, aircraft engines and aircraft propellers must be granted certificates of airworthiness for export by the Ministry of Transport. Applicants for certificates of airworthiness for export shall pay a fee.

2. The import and export of aircraft, aircraft engines, aircraft propellers and aircraft spare parts must ensure aviation safety and security, national security and respond to business demands.

The age of used aircraft that are permitted for importation into Vietnam shall be stipulated by the Government.

3. Aircraft, aircraft engines, aircraft propellers and aircraft spare parts which are imported for use as learning aids and other non-aviation purposes must not be used for civil aviation activities.

Article 20.- Design, manufacture, maintenance, test of aircraft, aircraft engines, aircraft propellers and aircraft equipment

1. The design, manufacture, maintenance or test of aircraft, aircraft engines, aircraft propellers and aircraft equipment in Vietnam must comply with standards promulgated by competent state agencies.

2. Establishments engaged in designing, manufacturing, maintaining or testing aircraft, aircraft engines, aircraft propellers and aircraft equipment in Vietnam must possess licenses granted by the Ministry of Transport. Applicants for those licenses shall pay a fee.

3. Aircraft having Vietnamese nationality, aircraft engines, aircraft propellers and aircraft equipment having Vietnamese nationality shall be maintained only at maintenance establishments and under maintenance programs already approved by the Ministry of Transport.

Article 21.- Specific provisions on airworthiness standards

The Minister of Transport shall issue regulations on airworthiness standards, procedures for grant, recognition of airworthiness conditions, grade certificates, criteria and procedures for licensing establishments engaged in designing, manufacturing, maintaining or testing aircraft, aircraft engines, aircraft propellers and aircraft equipment.

Section 3. OPERATION OF AIRCRAFT

Article 22.- Aircraft operators

1. Aircraft operators are organizations and individuals engaged in operating aircraft.

2. Aircraft-operating organizations may operate aircraft for commercial purposes when they are granted aircraft operator certificates or have their aircraft operator certificates recognized by the Ministry of Transport.

Aircraft-operating individuals may not operate aircraft for commercial purposes.

Article 23.- Aircraft operator certificates

1. An aircraft operator certificate shall be granted to an organization to certify its satisfaction of safe operation conditions for the prescribed class of aircraft and form of operation.

2. An organization shall be granted an aircraft operator certificate if meeting the following conditions:

a/ Having an appropriate organizational apparatus and mode of management and supervision of operation of aircraft;

b/ Having employees who have been adequately trained and have appropriate permits and certificates;

c/ Having a professional training program and an aircraft maintenance program suitable to the characteristics and scale of operation.

d/ Having aircraft, facilities and equipment ensuring safe operation;

e/ Having sufficient operation manuals.

3. Organizations applying for aircraft operator certificates shall pay a fee.

Article 24.- Responsibilities of the aircraft operator

1. To maintain a management system capable of supervising and monitoring the safe operation of aircraft.

2. To follow instructions in operation manuals.

3. To ensure ground facilities and services for the safe operation of aircraft.

4. To ensure that every aircraft in operation has sufficient crewmembers who have been adequately trained for each form of operation.

5. To observe requirements on aircraft maintenance and repair.

6. To strictly follow the provisions of the aircraft operator certificate, including the case of use of services and personnel under a contract of aircraft operation or maintenance assistance.

7. To strictly observe other regulations on aircraft operation.

Article 25.- Papers and documents carried in aircraft

1. An aircraft having Vietnamese nationality, when engaged in navigation, must carry the following papers and documents:

a/ Its nationality registration certificate;

b/ Its certificate of airworthiness;

c/ The aircraft operator certificate;

d/ Appropriate permits and certificates for its crewmembers;

e/ The journey log book;

f/ The permit for the use of radio equipment on board the aircraft, if installed;

g/ Flight manuals for the crew;

h/ A list of passengers, in case of carrying passengers;

i/ A manifest of cargo in case of carrying cargo;

j/ The certificate of civil liability insurance;

k/ Aircraft operation manuals.

2. Papers and documents specified in Clause 1 of this Article must be originals, except for the aircraft operator certificate.

3. Papers and documents carried in an aircraft having foreign nationality engaged in flights to and from Vietnam must comply with the law of the state in which the aircraft is registered.

Article 26.- Requirements on environmental protection for aircraft and aircraft engines

An aircraft engaged in navigation must comply with requirements on environmental protection for aircraft and aircraft engines.

Article 27.- Specific provisions on aircraft operation

The Minister of Transport shall issue regulations on aircraft operation instructions, conditions, procedures and order for the grant of aircraft operator certificates, permits for use of radio equipment installed on aircraft; and requirements on environmental protection for aircraft and aircraft engines.

Section 4. RIGHTS TO AIRCRAFT

Article 28.- Rights to aircraft

1. Rights to aircraft include:

a/ Right to own aircraft;

b/ Right to possess aircraft through hire-purchase or lease for six months or more;

c/ Mortgage and pledge of aircraft;

d/ Other rights as provided for by the civil law.

2. The rights to aircraft specified in Clause 1 of this Article include rights to aircraft hulls, aircraft engines, aircraft propellers, aircraft radio equipment and other equipment used onboard aircraft, irrespective of whether they have been installed on board aircraft or temporarily removed therefrom.

Article 29.- Registration of rights to aircraft

1. Vietnamese organizations and individuals that have rights to aircraft specified in Clause 1 of Article 28 of this Law must register such rights according to the Government's regulations.

2. Applicants for registration of rights to aircraft shall pay a fee.

3. Matters related to registered rights to the same aircraft shall be entered in the Vietnam aircraft register.

The registration of rights to aircraft specified in Clause 1 of this Article shall become valid from the time it is entered by the registration office in the Vietnam aircraft register.

4. The transfer of the registration of rights to aircraft from Vietnam to foreign countries is subject to approval of holders of such rights, unless the aircraft are 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 must be made in writing and shall become effective on the date it is entered in the Vietnam aircraft register.

2. The transfer of ownership of an aircraft does not deprive of the priority right to receive remuneration for salvage and preservation of the aircraft, unless the aircraft is sold for the enforcement of a legally effective court judgment or decision or arbitral award.

Article 31.- State enterprises assigned to manage and operate aircraft

A state enterprise assigned to manage and operate aircraft under state ownership has rights and obligations like an aircraft owner as provided for in this Law and the enterprise law.

Article 32.- Mortgage of aircraft

1. The mortgagor of an aircraft shall keep the original nationality registration certificate of the mortgaged aircraft.

2. The mortgage of an aircraft under common ownership is subject to written approval of its co-owners, unless otherwise agreed upon.

3. When an aircraft is mortgaged to several creditors, the order of mortgage shall be determined according to the time of registration of mortgage.

4. After prioritized debts have been paid off, creditors whose mortgage has been registered shall be paid with 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:

a/ The secured obligation terminates;

b/ The aircraft mortgage contract is cancelled;

c/ The aircraft used as mortgaged property has been disposed of;

d/ There is a legally effective court judgment or decision or arbitral award on the cancellation of the aircraft mortgage or declaring the aircraft mortgage contract invalid;

e/ At the request of the aircraft mortgagee.

7. When an insured mortgaged aircraft is missing or damaged, the mortgagee who has registered the mortgage is entitled to the insurance sum.

Article 33.- Payment of remuneration for aircraft salvage and preservation

1. Organizations and individuals involved in the salvage and preservation of aircraft have the priority right to remuneration for aircraft salvage and preservation and related expenses.

2. Within ninety days after the date of termination of the aircraft salvage and preservation, organizations and individuals involved in the aircraft salvage and preservation shall register their priority right to remuneration stated in Clause 1 of this Article according to the Government's regulations. Applicants for registration of the priority right to remuneration for aircraft salvage and preservation shall pay a fee.

3. Past the time limit specified in Clause 2 of this Article, the priority right to remuneration for aircraft salvage and preservation shall terminate, except in the following cases:

a/ Organizations and individuals involved in aircraft salvage and preservation have registered the priority right to remuneration for aircraft salvage and preservation;

b/ Organizations and individuals involved in aircraft salvage and preservation and those obliged to pay remuneration have reached agreement on the payable sum;

c/ Organizations and individuals involved in aircraft salvage and preservation have initiated a lawsuit regarding the payment of remuneration for aircraft salvage and preservation.

Article 34.- Priority debts

1. Priority debts shall be paid in the following order:

a/ Court fees and expenses for judgment enforcement;

b/ Remuneration for aircraft salvage and preservation and related expenses.

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 3. AIRCRAFT LEASE AND LEASE-OUT

Article 35.- Forms of aircraft lease and lease-out

1. Vietnamese organizations and individuals may lease or lease out aircraft for air carriage and other civil aviation activities.

2. Aircraft lease and lease-out take the following forms:

a/ Lease, lease-out with a crew.

b/ Lease, lease-out without a crew.

3. Aircraft lease or lease-out contracts must be made in writing.

Article 36.- Lease and lease-out of aircraft with a crew

1. In case of lease or lease-out of an aircraft with a crew, the aircraft shall be operated according to the lessor's aircraft operator certificate.

2. The lessor shall ensure 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.

2. The lessee shall ensure safety standards of aircraft maintenance and operation.

3. When a Vietnamese organization or individual leases a foreign aircraft without a crew, if the lessee has special requirements on facilities and equipment on board the aircraft and communications and navigation equipment, such lease is subject to approval of the Ministry of Transport.

Article 38.- Requirements on aircraft lease

When making use of a leased aircraft, the lessee may not allow the lessor or any other related party to enjoy the lessee's economic benefits or use the lessee's rights to air carriage.

Article 39.- Acceptance of lease, lease-out of aircraft between Vietnamese organizations or individuals and foreign organizations or individuals

1. The lease or lease-out of an aircraft between a Vietnamese organization or individual and a foreign organization or individual is subject to written approval of the Ministry of Transport which shall take into account the following contents:

a/ Form of lease;

b/ Legal status of the parties to the aircraft lease contract;

c/ Lease term;

d/ Quantity, type and age of the leased aircraft;

e/ Nationality of the aircraft;

f/ Certificates related to the aircraft;

g/ Agreement on the purchase of civil liability insurance for passengers, baggage and cargo and for third parties on the surface;

h/ The organization responsible for operating and maintaining the aircraft according to the aircraft operator certificate.

2. The Vietnamese organization or individual leasing or leasing out an aircraft shall supply a copy of the lease or lease-out contract and other related documents upon request for consideration and approval; the Ministry of Transport shall give its reply within seven working days after receiving all of these documents.

3. Approval procedures stated in Clause 1 of this Article are not applicable to the lease of an aircraft for no more than seven consecutive days in the following cases:

a/ Substitution of other aircraft for making a special flight or requisition for other state-duty purposes;

b/ Substitution of an aircraft involved in an accident or having 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 the provisions of this Clause shall notify in writing to the Ministry of Transport that the lessor has an appropriate aircraft operator certificate.

4. The Vietnamese organization or individual is obliged to liquidate the lease contract, re-export the leased aircraft or take the leased aircraft back to Vietnam when the lease-out contract ceases to be valid, the permit for temporary import of the leased aircraft or for the temporary export of the leased-out aircraft ceases to be valid or at the request of a competent state agency.

Article 40.- Transfer of obligations between the state in which aircraft are registered and the state of aircraft operators

1. In case of lease or lease-out of an aircraft between a Vietnamese organization or individual and a foreign organization or individual, the Ministry of Transport shall reach agreement with competent authorities of the state in which the aircraft is registered or the state of the aircraft operator concerned on receiving or transferring the obligations of the state in which the aircraft is registered in accordance with the Vietnamese law and treaties to which Vietnam is a contracting party.

State of the aircraft operator is the state in which the aircraft operator is headquartered, if the operator is an organization, or the state in which the aircraft operator permanently resides, if the operator is an individual.

2. The agreement stated in Clause 1 of this Article covers part or the whole of the obligation to comply with:

a/ Regulations on ensuring air navigation;

b/ Regulations on certificates of airworthiness;

c/ Requirements for crew members;

d/ Regulations pertaining to the installation and use of radio equipment on board aircraft.

Section 6. SUSPENSION OF FLIGHTS, DETENTION AND ARREST OF AIRCRAFT

Article 41.- Suspension of flights

1. An aircraft not yet taxing shall be suspended from making a flight when one of the following circumstances occurs:

a/ There arises an urgent circumstance necessitating the performance of the task of safeguarding national sovereignty and security or the aircraft is detected to show signs of violation of regulations on assurance of defense and security;

b/ Violation of regulations on airworthiness standards, operation of aircraft, aviation safety and security, flight formalities, making and implementation of flight schedules, and observance of flight permits;

c/ It is detected that aviation safety and security in the flight are under threat;

d/ Other cases as decided by competent state agencies.

2. In any circumstance specified at Points a, b and c, Clause 1 of this Article, the director of the airport authority or the aviation inspector shall make a written record thereon and issue a decision to suspend the flight. A decision to suspend a flight takes immediate effect and must be sent to the aircraft commander, the air traffic service establishment and concerned agencies and organizations.

3. When other competent agencies issue decisions to suspend a flight, such decisions take immediate effect. Decisions to suspend a flight must then 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 competent state agencies have permitted the aircraft to make flight.

Article 42.- Request for aircraft to land at airports or airfields

1. An aircraft which is flying within the Vietnamese territory may be ordered to land at an airport or airfield when there are signs of threat to aviation safety and security during the flight or in other cases in which a competent state agency so orders.

2. If detecting signs of threat to aviation safety or aviation security during a flight the director of the airport authority may decide to order the aircraft concerned to land at an airport or airfield; such decision takes immediate effect.

3. When other competent agencies issue decisions to order an aircraft to land at an airport or airfield, such decisions take immediate effect. Decisions to order an aircraft to land must be promptly sent to the concerned air traffic service establishment and airport authority.

4. The concerned air traffic service establishment shall order an aircraft to land at an airport or airfield under the decision of the director of the airport authority or other competent agency. For the safety of a flight, the air traffic service establishment may refuse to comply with the decision to order an aircraft in flight to land at an airport or airfield and shall report its non-compliance to the agency which has issued such decision.

5. An aircraft which has landed at an airport or airfield as ordered may continue its flight when the grounds specified in Clause 1 of this Article no longer exist and it is so permitted by the competent state agency.

Article 43.- Detention of aircraft

1. An aircraft may be detained in the following circumstances:

a/ Violating national sovereignty and security of Vietnam;

b/ Failing to remedy violations specified at Point b, Clause 1, Article 41 of this Law or failing to comply with violation-handling measures;

c/ Committing banned acts related to air navigation, aircraft operation or air carriage;

d/ Violating relevant legal provisions on flight crews, passengers, baggage and cargo carried on board the aircraft;

e/ Other cases as decided by competent state agencies.

2. Upon detecting violations specified at Points a, b, c and d, Clause 1 of this Article, the director of the airport authority or the aviation inspector may detain the aircraft in violation. Decisions to detain an aircraft take immediate effect and must be sent to the aircraft commander, aircraft operator and concerned agencies and organizations.

3. When other competent agencies issue decisions to detain an aircraft, such decisions take immediate effect and must be promptly sent to the authority of the airport where the aircraft is due to make flight.

4. The detention of an aircraft terminates when the related violations have been handled in accordance with law or when the competent state agency having requested the detention proposes the termination of the detention.

Article 44.- Arrest of aircraft

1. Arrest of aircraft constitutes a measure taken by the court in the interest of creditors, owners or third parties who suffer damage on the surface or of other persons with rights and interests related to aircraft under the provisions of Clause 2 of this Article, except for arrest of aircraft for enforcement of legally effective court judgments or decisions or coercive decisions of competent state agencies. Arrest of aircraft may apply to any aircraft of the same owner.

2. The court of a province or centrally run city in which an aircraft has landed shall issue a decision to arrest the aircraft upon written request of the owner or a creditor, if the aircraft is an asset to secure a debt to the creditor or of third parties who suffer damage on the surface caused by the aircraft in flight or of persons having rights and interests related to the aircraft in accordance with this Law.

3. Requestors for arrest of aircraft shall provide financial assurance in the form and with the value fixed by the court which is equivalent to the damage possibly caused to the aircraft when it is arrested.

4. In case of arrest of an aircraft, the carrier or aircraft operator shall still perform its obligations committed in the contract.

5. The arrest of an aircraft terminates in the following circumstances:

a/ Debts have been paid off;

b/ Substitute security measures have been applied;

c/ The arrest requester proposes the termination of the arrest.

6. Procedures for arrest of aircraft shall be stipulated by the National Assembly Standing Committee.

Article 45.- Search of aircraft

1. Directors of airport authorities and other competent agencies shall decide to search an aircraft in the following cases:

a/ Signs of violating national sovereignty, national security, aviation security or safety are detected;

b/ Members of the flight crew, passengers or the carriage of baggage, cargo, postal items or other articles in the aircraft violate regulations on entry, exit, customs and quarantine.

2. Persons deciding to search an aircraft shall notify the aircraft commander and concerned agencies and organizations before conducting search.

3. Competent state agencies shall notify aircraft search decisions to the directors of airport authorities for coordination.

Article 46.- Liability to pay compensations for damage caused to aircraft operators or carriers

Organizations and individuals that have decided to suspend flights, requested aircraft to land at airports or airfields, detained, requested detention, requested arrest or search of aircraft in an illegal manner shall pay compensations for damage caused to aircraft operators or carriers.