Chương 5 Luật Hàng không dân dụng việt nam 2006: Hoạt động bay

Chapter V

AIR NAVIGATION

Section 1. MANAGEMENT OF AIR NAVIGATION

Article 79.- Organization and use of the airspace

1. The organization and use of the airspace must ensure requirements on defense, security and safety for aircraft, be reasonable and efficient and create favorable conditions for civil aviation activities.

2. The Prime Minister shall decide to establish and operate air routes.

Air route is an area in the air which is delimited in its elevation and width and under control.

3. The Ministry of Transport shall manage the organization and operation of air routes, the airspace of civil airfields, flight zones in service of general aviation in the Vietnamese airspace and the flight information region under the management of Vietnam. The organization and operation of the airspace of an airfield used for joint civil and military purposes are subject to written agreement of the Ministry of Defense.

4. The provision of Clause 1 of this Article also applies to official-duty aircraft.

Article 80.- Management of flights in airports and airfields

1. Except for cases of forced landing, aircraft may take off from and land at lawfully opened airports and airfields.

2. Vietnamese and foreign aircraft making international flights may only take off from and land at international airports; if taking off from or landing at a domestic airport or airfield, the permission of the Prime Minister is required.

International flight referred to in this Law means flight made over the territories of more than one state.

Article 81.- Grant of flight permits

1. Flight permit means a written document or order which is granted by a competent state agency and determines conditions and permitted limits of operation of an aircraft.

2. Aircraft operating within the Vietnamese territory must obtain flight permits from one of the following Vietnamese agencies:

a/ The Ministry of Foreign Affairs, which grants flight permits to foreign special flights carrying guests invited by the Party and the State and escort or preparation flights in service of such special flights engaged in civil aviation activities in Vietnam.

Special flight means a flight for totally exclusive use or for exclusive use combined with commercial carriage which is certified or notified as such by a competent state agency according to regulations on service of special flights;

b/ The Ministry of Defense, which grants flight permits for flights of Vietnamese and foreign military aircraft engaged in civil aviation activities in Vietnam and for flights of pilotless aircraft;

c/ The Ministry of Transport, which grants flight permits for flights engaged in civil aviation activities in Vietnam, including flights of Vietnamese and foreign aircraft for civil purposes; special flights of Vietnam, escort or preparation flights of such special flights; foreign special flights other than those specified at Point a of this Clause and escort or preparation flights of such special flights; and for flights of Vietnamese and foreign official-duty aircraft other than those specified at Points a and b of this Clause.

Article 82.- Conditions for grant of flight permits

1. The grant of flight permits for flights must satisfy requirements on defense, security, aviation security and safety; public order and interests; and must suit the capability of the air navigation assurance system, airports and airfields.

2. The grant of flight permits for scheduled commercial carriage flights must satisfy requirements specified in Clause 1 of this Article and be based on the granted air carriage rights.

Article 83.- Pre-flight, flight, and post-flight preparations

1. Aircraft commanders, organizations and individuals related to flight preparation shall strictly observe regulations on pre-flight, flight and post-flight preparation work.

2. Aircraft may take off from airports or airfields only after obtaining orders of air traffic service establishments.

3. The provision of Clause 2 of this Article also applies to official-duty aircraft.

Article 84.- Requirements on aircraft and crews operating in Vietnamese territory

1. When engaged in air navigation in Vietnamese territory, an aircraft must observe the following provisions:

a/ Flying according to the permitted journey, air route, flight region, point of entry and point of exit;

b/ Maintaining constant contact with the air traffic service establishment; observing the administration, control and instruction of such establishment;

c/ Landing at and taking off from airports and airfields designated in the flight permit, except for cases of forced or urgent landing;

d/ Complying with flight modes and the Regulation on civil air traffic.

2. The aircraft commander shall promptly report to the air traffic service establishment the following cases:

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 airfield designated in the flight permit for objective reasons;

b/ There appear circumstances which prompt urgent landing and other emergency circumstances.

3. Air traffic service establishments and airspace management units of the Ministry of Defense shall promptly inform one another of the following cases for coordination in applying priority measures of assistance and instruction:

a/ Cases specified in Clause 2 of this Article;

b/ Where the aircraft loses contact or the crew loses the ability to control the aircraft.

Article 85.- Prohibited zones and restricted zones

1. Prohibited zone means a delimited area in the air where aircraft are banned to fly, except for Vietnamese official-duty aircraft on duty.

Restricted zone means a delimited area in the air where only aircraft that meet certain specific conditions can fly.

2. The Prime Minister shall decide on the establishment of prohibited zones and restricted zones in the Vietnamese territory for defense, security and social safety purposes.

In special cases for defense and security reasons, the Ministry of Defense shall decide on temporary flight restrictions or temporary flight bans in one or several areas in the Vietnamese territory; these decisions take immediate effect.

3. The Ministry of Defense shall stipulate the management of prohibited zones and restricted zones.

Article 86.- Dangerous zones

1. Dangerous zone means a delimited area in the air where air navigation may be endangered during specified periods of time.

2. Dangerous zones and the flight regime in these areas shall be determined by the Ministry of Defense and notified to the Ministry of Transport.

Article 87.- Flight over densely populated areas

1. When flying over densely populated areas, an aircraft must fly at elevations prescribed in the Regulation on civil air traffic.

2. Aircraft may not make exercise or training flights over densely populated areas, unless permitted by competent state agencies.

Article 88.- Discharge of fuel, drop of baggage, cargo or other articles from aircraft

An aircraft in flight may not discharge fuel or drop baggage, cargo or other articles from the aircraft. If, for reasons of safety for the flight or performance of rescue tasks in emergency circumstances or other flight tasks in public interests, an aircraft may discharge fuel or drop baggage, cargo or other articles from the aircraft in areas designated by the Ministry of Transport after consulting the Ministry of Natural Resources and Environment.

Article 89.- Announcement of aviation information

The Ministry of Transport shall publicly announce air routes, prohibited zones, restricted zones, dangerous zones, areas where air traffic services are provided, areas for aircraft to discharge fuel or drop baggage, cargo or other articles from aircraft.

Article 90.- Coercion of aircraft in violation

Aircraft that violate prohibited or restricted zones or violate the Regulation on civil air traffic, regulations on management of civil flights, management and use of the airspace and fail to obey orders of air traffic service establishments may be subject to the application of the measure of interception to force landing at an airport or airfield or other coercive measures applicable to aircraft. This provision also applies to official-duty aircraft.

Article 91.- Coordinated management of civil and military air navigation

1. Principles for coordinated management of civil and military air navigation include:

a/ Assurance of requirements on defense, security, safety and efficiency of civil aviation activities;

b/ Compliance with the provisions of this Law, for aircraft flying along the air routes, in the airspace of civil airfields or in the flight zones in service of general aviation in the airspace of Vietnam and the flight information region under the management of Vietnam;

c/ Performance of professional operations and settlement of matters arising within the scope of their tasks and powers.

2. Contents of coordinated management of air navigation include:

a/ Organizing the airspace and establishing air routes and developing flight modes;

b/ Using the airspace, managing civil flights outside air routes and the airspace of airfields;

c/ Granting flight permits, making flight plans and providing information on air navigation;

d/ Using air navigation assurance services;

e/ Conducting search and rescue;

f/ Managing special-purpose flights, including flights for photographing, geological survey, film shooting from the air, drilling, training and experimental flights using radio communication equipment other than equipment on board aircraft, and flights into restricted zones.

Article 92.- Management of obstacles

1. Management of obstacles means the making of statistics on, marking, announcement, management, grant of permits for use of the air and disposal of natural and artificial obstacles that may affect the safety of air navigation.

2. The Ministry of Transport shall publicly announce obstacle limitation surfaces in airfields; limited areas for ensuring the normal operation of aeronautical radio stations; the limits of obstacles in areas adjacent to airports and airfields and the list of natural and artificial obstacles that may affect the safety of air navigation.

3. Organizations and individuals building, managing or using high-rises, technical facilities and equipment, power transmission lines, technical radio equipment and other facilities which may affect the safety of air navigation shall affix identification signs and equipment thereto in accordance with this Law and bear all costs arising therefrom.

4. It is prohibited to build shooting ranges affecting aviation safety and to arrange the shooting direction of shooting ranges crossing air routes.

Article 93.- Management of frequencies

1. The management of frequency bands used by aeronautical radio stations and of aeronautical communication, navigation and surveillance systems shall comply with the telecommunications law.

2. Organizations and individuals using communication stations or other equipment must neither obstruct nor affect normal operations of aeronautical radio stations; must stop the use of, and promptly relocate their communication stations or equipment which obstruct and affect normal operations of aeronautical radio stations.

Article 94.- Specific provisions on management of air navigation

1. The Government shall stipulate in detail the organization and use of the airspace, the grant of flight permits; coordinated management of civil and military air navigation; management of special-purpose flights; and management of obstacles.

2. The Ministry of Defense shall assume the prime responsibility for, and coordinate with the Ministry of Transport in stipulating modes of interceptive flight to force aircraft to land at airports or airfields, and other coercive measures applicable to aircraft.

3. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, stipulating the management and use of radio frequencies of aeronautical operations.

Section 2. AIR NAVIGATION ASSURANCE SERVICES

Article 95.- Air navigation assurance services

1. Air navigation assurance services are necessary services to ensure safety, regularity, continuity and efficiency for air navigation, including air traffic service, aeronautical communication, navigation and surveillance service, meteorological service; aeronautical information notification service, and search and rescue service.

2. Air navigation assurance services are public ones.

3. Organizations and individuals conducting air navigation in the flight information region under the management of Vietnam shall be provided with air navigation assurance services.

4. Enterprises providing air navigation assurance services must have service provision establishments and technical and equipment systems with operation permits granted by the Ministry of Transport. Enterprises applying for such operation permits shall pay a fee.

Article 96.- Air traffic services

1. Air traffic services include flight administration service, flight information service, air traffic consultancy service and alarming service.

2. Aircraft flying in a specified airspace must be administered by an air traffic service establishment.

3. Air traffic service establishments shall coordinate with concerned units in managing and administering civil aviation activities.

Article 97.- Air traffic service enterprises

1. Air traffic services are provided by state enterprises.

The establishment and operation of air traffic service enterprises shall comply with the provisions of this Law and the enterprise law. The Minister of Transport shall decide on the establishment of air traffic service enterprises.

2. An air traffic service enterprise may be established when all the following conditions are met:

a/ Compliance with the planning and strategy on development of the civil aviation sector;

b/ Having a plan on appropriate organizational apparatus;

c/ Having a plan on appropriate infrastructure and technical systems, equipment and facilities;

d/ Having a plan on employees who have appropriate permits and certificates for operating technical systems, equipment and facilities and operation manuals.

Article 98.- Rights and obligations of air traffic service enterprises

1. To provide fully and continuously air traffic services.

2. To provide other air navigation assurance services as assigned by the Ministry of Transport.

3. To maintain contact and closely collaborate with air traffic service establishments of neighboring states in providing flight administration services to ensure safety, regularity, continuity and efficiency for the operation of aircraft along air routes and in the flight information region under the management of Vietnam.

4. To comply with regulations on management, use and safeguarding of the airspace, the Regulation on civil air traffic and documents guiding air navigation assurance.

5. To closely coordinate with airspace management and flight management units under the Ministry of Defense in order to ensure safety for civil aviation activities.

6. To join and coordinate with concerned agencies and units in responding to circumstances of emergency or illegal interference in civil aviation activities and air defense operations.

7. To have other rights and obligations as provided for by the enterprise law.

Article 99.- Rights and obligations of enterprises engaged in providing communication, navigation and surveillance services, meteorological service, aeronautical information notification service, and search and rescue service

1. To provide aeronautical communication, navigation and surveillance service, meteorological service, aeronautical information notification service, and search and rescue service as assigned by the Ministry of Transport or as contracted.

2. To have other rights and obligations as provided for by the enterprise law.

Article 100.- Specific provisions on assurance of air navigation

The Minister of Transport shall stipulate in detail the organization and management of air navigation assurance activities; conditions and procedures for grant of operation licenses to establishments providing air navigation assurance services, and technical systems and equipment for air navigation assurance.

Section 3. SEARCH AND RESCUE

Article 101.- Notification of danger and distress

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 airfield.

2. An aircraft in danger or distress must release signals and notify the air traffic service establishment for assistance; when in danger or distress on the sea, it must also release signals to seagoing vessels and maritime rescue and search centers.

3. Upon receipt of signals, notices or reports on aircraft in danger or in distress, the air traffic service establishments shall immediately notify search and rescue service establishments thereof.

4. The provision of Clause 3 of this Article also applies to official-duty aircraft.

Article 102.- Coordination of search and rescue activities

1. Air traffic service establishments shall coordinate with rescue and salvage service establishments in applying every necessary measure in a timely manner to assist aircraft in danger or distress, passengers, crew members and property on board.

2. When an aircraft is in danger or distress at an airport, an airfield or an area adjacent thereto, the airport authority shall coordinate with the search and rescue service establishment and People's Committees at all levels in searching for and rescuing the aircraft, persons and property.

3. When an aircraft is in danger or distress outside areas specified in Clause 2 of this Article, the search and rescue service establishment shall coordinate with People's Committees at all levels and other agencies and organizations in searching for and rescuing the aircraft, persons and property.

4. The search for and rescue of an aircraft having Vietnamese nationality in danger or distress in the territory of a foreign state shall comply with the laws of the state in which the aircraft is in danger or distress.

5. The coordination of assistance and participation in search and rescue between Vietnam and neighboring states shall comply with treaties to which Vietnam is a contracting party.

6. People's Committees at all levels shall participate in civil aviation search and rescue, preserve aircraft and property on board which are in distress in localities outside airport or airfield areas.

7. Air carriage enterprises shall participate in air search and rescue at the request of search and rescue service establishments.

Article 103.- Search and rescue responsibilities

1. Air traffic service establishments and search and rescue service establishments shall immediately conduct search for aircraft in danger or distress.

2. When all available measures have been taken to search for an aircraft in distress, its passengers and crew but are in vain, the Ministry of Transport shall decide to terminate operations to search for such aircraft.

3. An aircraft shall be considered missing from the date there is a decision on termination of search operations.

4. The aircraft operator shall remove the aircraft from the place where it is crashed at the request of a competent state agency and shall bear all related expenses.

Section 4. INVESTIGATION INTO AIRCRAFT INCIDENTS AND ACCIDENTS

Article 104.- Aircraft incidents and accidents

1. Aircraft incident is an occurrence, other than an aircraft accident, associated with the operation of an aircraft which affects or would affect the safety of operation of the aircraft.

2. Aircraft accident is an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:

a/ A person suffers a fatal or serious injury as a result of being in the aircraft direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew;

b/ The aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin;

c/ The aircraft is missing or is completely inaccessible.

Article 105.- Purposes of and procedures for investigation into aircraft incidents and accidents

1. An aircraft incident or accident occurring in the Vietnamese territory must be investigated. An incident or accident occurring outside the Vietnamese territory to an aircraft having Vietnamese nationality or an aircraft operated by a Vietnamese organization or individual shall be investigated in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Aircraft incident or accident investigation aims to identify the incident or accident causes and measures to be applied to prevent future incidents and accidents.

3. The Government shall stipulate procedures for investigation into aircraft incidents and accidents.

Article 106.- Responsibilities for investigating into aircraft incidents and accidents

1. When an aircraft incident occurs in the Vietnamese territory or the flight information region under the management of Vietnam, depending on the characteristics of the incident, the Ministry of Transport shall perform its reporting responsibility in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. When an aircraft accident occurs in the Vietnamese territory or the flight information region under the management of Vietnam, the Ministry of Transport shall report it to the International Civil Aviation Organization and notify the state in which the aircraft is registered, the state of the aircraft operator, the state of manufacture of the aircraft, the state in which the aircraft is designed and other related states in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Competence to organize investigations into aircraft incidents or accidents is as follows:

a/ The Ministry of Transport shall organize investigations into aircraft incidents or accidents stipulated in Clause 1 and at Point b, Clause 2, Article 104 of this Law; and coordinate with agencies managing official-duty aircraft in investigating accidents related to official-duty aircraft;

b/ The aircraft accident investigation committee set up by the Prime Minister shall organize investigations into aircraft accidents specified at Points a and c, Clause 2, Article 104 of this Law.

4. When an aircraft accident occurs, the accident investigation agency has the following duties:

a/ To investigate to clarify the event, conditions, circumstances, cause and extent of the damage caused by the accident;

b/ To apply measures to restrict any possible damage;

c/ To publicize in time information and documents related to the accident;

d/ To coordinate with concerned agencies and organizations as well as local authorities in investigating the accident and give guidance on prevention of future aircraft accidents.

5. The Prime Minister shall decide to accept representatives from the state in which the aircraft is registered and the state of the aircraft operator to join in the capacity as observers in investigating accidents of foreign aircraft occurring in the Vietnamese territory.

Article 107.- Rights of agencies investigating into aircraft incidents and accidents

1. When conducting investigations, the aircraft incident or accident investigation agency has the following rights:

a/ To get on board the aircraft to clarify details of the incident or accident;

b/ To check and examine the aircraft, equipment, devices and property in the aircraft suffering the incident or accident and any related aircraft and property;

c/ To authorize capable agencies and organizations to conduct research and perform jobs related to the aircraft incident or accident investigation;

d/ To requisition capable persons to verify matters related to the aircraft incident or accident;

e/ To study matters related to the aircraft incident or accident, training and coaching of aviation personnel, flight assurance and making; psychology and constitution of crew members and related aviation personnel;

f/ To request, receive and study information and documents from agencies, organizations and individuals involved in the aircraft incident or accident.

2. In case of a fatal accident, the aircraft accident investigation agency has the right to decide to keep bodies of dead persons for investigation purposes.

Article 108.- Responsibilities for notifying and protecting evidence

1. Agencies, organizations and individuals shall promptly report information on aircraft incidents or accidents to local authorities, search and rescue service establishment or an agency or unit in the aviation sector in the nearest place and help search and rescue persons, property and protect aircraft in distress.

Local People's Committees receiving information on aircraft incidents or accidents shall promptly notify the Ministry of Transport thereof.

2. Related agencies, organizations and individuals shall protect aircraft suffering incidents or accidents and equipment, devices and property on board to serve investigation work and hand over evidences to the aircraft incident or accident agency or the local People's Committee in the nearest place.

3. Those who deliberately conceal information on an aircraft incident or accident, distort information, damage or destroy checking equipment and other evidences related to an aircraft incident or accident shall, depending on the nature and seriousness of their acts, be administratively sanctioned or examined for penal liability.

4. The provisions of Clauses 1, 2 and 3 of this Article also apply to official-duty aircraft.