Nghị định 75/2007/NĐ-CP điều tra sự cố, tai nạn tàu bay dân dụng

DECREE

INVESTIGATION OF CIVIL AIRCRAFT INCIDENTS AND ACCIDENTS

THE GOVERNMENT

Pursuant to the Law on organization of Government dated 25/12/2001;

Pursuant to the Law on Vietnam Civil Aviation dated 29/6/2006;

Considering the request of the Minister of Transport.

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides for the responsibility of the bodies, organizations and individuals in notifying the aircraft incidents and accidents; procedures for investigation of aircraft incidents and accidents; international cooperation in investigation of aircraft incidents and accidents; report and prevention of aircraft incidents and accidents.

2. The aircraft incidents and accidents specified in Paragraph 1 of this Article consist of:

a) The aircraft incidents and accidents which occur in the territory of Vietnam or flight information region under the management of Vietnam;

b) The incidents of aircraft bearing the Vietnamese nationality or aircraft operated by Vietnamese operators occur in the international waters;

c) The incidents or accidents of aircraft bearing the Vietnamese nationality or aircraft operated by Vietnamese operators occur other than the cases specified under Points a and b of this Paragraph without investigation from any country or with the authorization to investigation of the country where the incident or accident has occurred.

3. This Decree applied to the organizations and individuals of Vietnam and foreign country pertaining to the notification, investigation, report and prevention of incidents or accidents of aircraft.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. “Seriously injured persons” specified under Point a, Paragraph 2, Article 104 of the Law on Vietnam Civil Aviation are the persons who are injured by the accident if subject to one of the following cases:

a) Hospitalized over 48 hours within 07 days from the date of injury;

b) Having bone fracture except the bone of finger, toe and nose;

c) Having open wounds causing major blood loss, affecting nerve, muscle and tendon;

d) Having organ injury;

dd) Having second or third degree burn or over 5% total body surface area burned.

e) Being defined as heavily intoxicated or severely radioactive contaminated.

2. “Deceased persons” used in the accident investigation report consist of the persons who died in the accident and due to injury in the accident within 30 days, from the date of accident occurrence.

3. “Black box” is a device recording the sound in cockpit, flight parameters and is installed on aircraft.

4. "Maximum weight" means the approved maximum takeoff weight.

5. “Country of design” means the country which has the jurisdiction over the organization responsible for aircraft design.

6. “Country of manufacture” means the country which has the jurisdiction over the organization responsible for overall assembly of aircraft.

Chapter 2:

NOTIFICATION OF AIRCRAFT INCIDENT AND ACCIDENT

Article 3. Notification of aircraft incident and accident

1. The following organizations and individuals are responsible for immediately notifying the Civil Aviation Authority of Vietnam by phone, fax, Aeronautical Fixed Telecommunications Network (AFTN) or by other means of communications when detecting or receiving the information on aircraft accident or incident specified in the Appendix I of this Decree.

a) The air traffic service provider for the information on aircraft in distress;

b) The aircraft commander, aircraft operator for the information on aircraft incident or accident which has occurred in the territory of Vietnam; incident or accident of aircraft bearing the Vietnamese nationality or aircraft operated by Vietnamese operators which has occurred outside the territory of Vietnam;

c) The Directors of aviation Authorities for the information aircraft incidents or accidents which have occurred in the airports or aerodromes or the surrounding areas of airport or aerodrome under their management;

d) The maritime search and rescue center for the information on aircraft in distress at sea;

dd) People’s Committee of the locality where the aircraft accidents have occurred.

2. The other organizations and individuals not subject to the cases specified in Paragraph 1 of this Article when detecting or receiving information on aircraft incidents or accidents are responsible for notifying immediately the local People’s Committee, the Civil Aviation Authority of Vietnam, the facilities providing the search and rescue services or the nearest bodies and units in the aviation sector.

3. Where the aircraft incidents and accidents occur in foreign countries for the aircraft bearing the Vietnamese nationality or aircraft operated by Vietnamese operators, in addition to the responsibilities specified in Paragraph 1 of this Article, the aircraft commander and operator must notify immediately the Vietnamese diplomatic missions or consular offices in those countries.

Article 4. Processing information on aircraft incidents or accidents

1. When receiving the notification of aircraft incident or accident as specified in Article 3 of this Decree, the Civil Aviation Authority of Vietnam shall make re-confirmation and report to the Ministry of Transport on the following information:

a) Type of aircraft, registration mark and nationality mark of aircraft;

b) Name of owner and operator of aircraft;

c) Full name of aircraft commander;

d) Date and time of occurrence of incident or accident;

dd) Last departure place and intended place of landing of aircraft;

e) Location of aircraft determined by the meridian and parallel;

g) Number of passenger and crew members on aircraft at the time of occurrence of incident or accident;

h) Number of deceased persons and seriously injured persons caused by accident or number of injured persons caused by incident, including the passengers, crew members and the third persons.

i) Characteristics of accident or incident and extent of damage to aircraft;

k) Information on dangerous cargo on aircraft.

2. Except where the aircraft is missing or it is impossible to approach the aircraft, the Civil Aviation Authority of Vietnam must send staff to the scene to carry out the following activities:

a) Coordinate with the search and rescue forces at the scene to help people in distress and avoid disordering the scene unnecessarily;

b) Collect information on the deceased persons if any;

c) Collect aircraft debris; assess damages of chassis structure, radio, electronic and motor systems;

d) Require the handover, seize or collect information from the black box;

Determine the alcohol or stimulant concentration for crew members;

e) Preliminarily interview the crew members and witnesses;

g) Determine the range of scene and require the bodies to coordinate and protect the scene and take its photos;

h) Coordinate with the relevant bodies and organizations to take necessary measures to preserve the objects and documents pertaining to the incident or accident.

3. The Minister of Transport shall verify and re-confirm the information specified in Paragraph 1 of this Article to decide on investigation or report it to the Prime Minister to establish the accident investigation Committee.

4. In case of occurrence of aircraft incident or accident specified in Appendix I of this Decree, the Ministry of Transport shall notify immediately the following countries and international organizations:

a) Country of aircraft registration;

b) Country of aircraft operator;

c) Country of aircraft design;

d) Country of aircraft manufacture;

dd) International Civil Aviation Organization (ICAO) for the aircraft with a maximum weight of over 2250 kilograms.

5. The notification specified in Paragraph 4 of this Article can be sent by fax, email, APTN. The notification consists of the following information

a) Specify “ACCID" if accident or "INCID" if incident;

b) Manufacturer, type of aircraft, nationality and registration mark of aircraft;

c) Name of owner, operator or lessee of aircraft;

d) Full name and nationality of crew members and passengers;

dd) Date and time of occurrence of incident or accident (local time or coordinated universal time - UTC);

e) Last departure place and intended place of landing of aircraft;

g) Location of aircraft determined by the locality, meridian and parallel;

h) Number of crew members and passengers on aircraft at the time of occurrence of accident; number of deceased persons or seriously injured persons (including the passengers, crew members and the third person on the ground)

i) Preliminary description of characteristics of accident or incident and extent of damage of aircraft;

k) Expected range of investigation;

l) Characteristics of topography and area of occurrence of accident or incident, level of difficulty or special requirements to reach the scene;

m) Investigation body and mode of contact with the investigation body;

n) Information on dangerous cargo on aircraft.

Chapter 3:

PROCEDURES FOR INVESTIGATION OF AIRCRAFT INCIDENT OR ACCIDENT

Article 5. Contents of investigation of aircraft incident or accident

The investigation of aircraft incident or accident is done to meet the following requirements:

1. Collection, recording and analysis of information which can be collected on aircraft incident or accident;

2. Study and identification of causes of aircraft incident or accident;

3. Recommendations for aviation safety assurance;

4. Making of report on investigation of aircraft incident or accident

Article 6. Scene protection and removal of aircraft having accident or incident

1. The organizations and individuals that carry out the search and rescue must protect the aircraft and scene of aircraft having accident or incident.

2. The Ministry of Transport shall coordinate with the relevant organizations and individuals to protect the scene with the following specific duties:

a) Provide emergency aid for the survivors; extinguish fire and protecting people’s life and properties.

b) Protect the aircraft to prevent further fire or damage; not disorder or change position of victim’s body; not damage or disorder the cargo, luggage and other objects transported on aircraft;

c) Take appropriate measures to prevent the consequences that may occur due to the dangerous cargo;

d) Take photos or make film or take other necessary measures to keep the exhibits easily lost or deformed;

dd) Collect the full name and address of witnesses for the investigation of aircraft incident or accident.

3. The owner, operator or lessee of aircraft must move the aircraft having accident or incident or the cargo, luggage and objects transported on aircraft having accident or incident as required by the Ministry of Transport.

4. The bodies investigating the aircraft accident or incident must move the aircraft having accident or incident or the cargo, luggage and objects transported on aircraft having accident or incident to the appropriate location in case the persons specified in Paragraph 3 of this Article fail to do it.

5. The removal of aircraft having accident or incident or the cargo, luggage and objects transported on aircraft having accident or incident must be recorded. The record specifies the present condition of objects and the organizations and individuals that keep them.

Article 7. Bodies investigating the aircraft accident or incident

1. The aircraft investigation Committee set up by the Prime Minister consists of the representative of Ministry of Transport as the Chairman, representatives of relevant Ministries and sectors and provincial People’s Committee where the accident has occurred.

2. The Ministry of Transport shall set up the aircraft accident or incident investigation body or organize the investigation by the way in line with the extent and characteristics of that incident or accident. In case of required setup of aircraft accident or incident investigation body, the Ministry of Transport can invite the representatives of relevant Ministries and sectors and provincial People’s Committee where the accident has occurred.

3. The aircraft investigation Committee set up by the Prime Minister or the aircraft accident or incident investigation body set up by the Ministry of Transport (hereafter referred to as the aircraft accident or incident investigation body) has the right to requisition the qualified persons of the following Vietnamese organizations to serve the investigation of aircraft accident or incident:

a) Aircraft operators;

b) Air traffic service providers;

c) Facilities designing, manufacturing, maintaining and testing aircraft;

d) Social-professional organizations on aviation;

4. The aircraft accident or incident investigation body is arranged an appropriate workplace near the scene of aircraft accident or incident; equipped with means of travelling and equipment necessary for the investigation of aircraft accident or incident. The workplace shall be decided by the aircraft accident or incident investigation body depending on each specific case.

5. The Ministry of Transport must keep the records of aircraft accident or incident investigation after its completion.

Article 8. Person in charge of aircraft accident or incident investigation

1. The person in charge of aircraft accident or incident investigation must meet the requirements for professional qualification and aviation engineering.

2. The following persons must not be the members of the aircraft accident or incident investigation body:

a) The aircraft owner of aircraft, capital contributor or person involved in running the aircraft operation organization which has the aircraft in distress and under investigation;

b) The person having interests from the business of aircraft operation organizations, the facilities designing, manufacturing, maintaining and testing aircraft in distress and under investigation;

Article 9. Duties and powers of the head of aircraft accident or incident investigation body

The head of aircraft accident or incident investigation body has the following duties and powers:

1. Organizes the implementation and assigns duties to the members of the investigation body to perform their prescribed duties and powers.

2. Presides over the meetings of the aircraft accident or incident investigation body, speaks or appoints the member of the investigation body to be the spokesman during the investigation of incident or accident;

3. Other duties and powers are specified in Article 10 of this Decree.

Article 10. Duties and powers of the person in charge of aircraft accident or incident investigation

1. The person in charge of aircraft accident or incident investigation has the following duties and powers:

a) Enters and examines the scene of aircraft accident or incident, approaches the aircraft, its equipment or debris;

b) Seizes or coordinates with the police body to seize and use the debris and equipment of aircraft and the documents and papers necessary for investigation of incident or accident;

c) Makes statistics of evidence at the scene of aircraft incident or accident, controls the removal of aircraft, luggage, cargo and objects transported on aircraft, the debris and equipment of aircraft;

d) Seizes the black box, carries out the decoding or requires the decoding or requires the country of registration or country of operation to provide the data of the black box.

dd) Requires the owner and operator of aircraft, the manufacturer, aviation Authority or other organizations and individuals to provide the information and documents pertaining to the aircraft in distress;

e) Inspects or requires the inspection of exhibits, evidence and documents pertaining to the aircraft incident or accident, and the health of persons involved in operating the aircraft in distress;

g) Provides the result of inspection of victim’s body for the investigation of aircraft incident or accident;

h) Questions and studies the testimonies of witnesses on the issues pertaining to the aircraft incident or accident.

2. The person in charge of aircraft incident or accident has the following obligations:

a) Investigates the aircraft incident or accident quickly, truthfully and objectively.

b) Strictly follows the direction of the head of the aircraft incident or accident investigation body on the contents, methods of investigation and takes measures to ensure the safety in investigation;

c) Must not provide information pertaining to the investigation of aircraft incident or accident for other persons or mass media without permission.

Article 11. Return of aircraft and equipment of aircraft

1. The aircraft incident or accident investigation body must return the aircraft and equipment of aircraft in distress to the person having the authority to the aircraft or the person appointed by the country of registration or the operator’s country when it does not need to retain the aircraft and equipment of aircraft for investigation.

2. The return of aircraft and equipment of aircraft must be made with a record of handover which consists of the following contents:

a) Name and address of the person or organization of handover;

b) Preliminary description of subjects handed over;

c) Date, time and location of handover;

d) Signature of representative of the aircraft incident or accident investigation body and representative of the recipient.

Article 12. Decoding the black box

1. When carrying out the investigation of aircraft incident or accident specified in Appendix I of this Decree, the investigation body must decode the information in the black box installed on aircraft.

2. The selection of facility to decode the information of the black box must meet the following requirements:

a) The level of objectivity and accuracy of the unit and the persons that conduct the decoding;

b) The minimum time for the decoding is sufficient to have necessary information;

c) The geographical location of the decoding place must be near the aircraft incident or accident investigation body.

Article 13. Autopsy

1. Where the aircraft accident causes the crew member’s death, the investigation body must solicit autopsy to serve the investigation.

2. Where the aircraft accident causes the death of passenger or a third person on the ground, the investigation body can solicit autopsy to serve the investigation.

Article 14. Coordinated responsibility of other investigation bodies

The other investigation bodies for the aircraft incident or accident in accordance with the criminal procedure law must provide the correct information on autopsy, the victim's identity, the testimonies of witnesses, the decoded information and evidence for the aircraft incident or accident investigation body as required .

Article 15. Notification of illegal acts of interference

During the investigation of aircraft incident or accident, if detecting or suspecting the illegal acts of interference in the civil aviation, the Ministry of Transport must notify immediately the relevant state bodies of Vietnam and the relevant countries as stipulated in Paragraph 4, Article 4 of this Decree.

Article 16. Disclosure of information

1. Upon occurrence of aircraft incident or accident, the aircraft incident or accident investigation body has the right to disclose the following information:

a) Flight number, nationality and registration number of aircraft;

b) Name of crew members and their official qualifications;

c) Flight schedule;

d) Status of airworthiness of the aircraft;

dd) Weather condition;

e) Organization and duties of the aircraft incident or accident investigation body;

g) Investigation process;

h) Actual information on incident or accident;

2. The following information must not be disclosed and is only used for the investigation of aircraft incident or accident:

a) The testimonies of the relevant persons during the investigation;

b) The information exchanged between the persons pertaining to the aircraft operation;

c) Medical information and personal information of the persons pertaining to the aircraft incident or accident;

d) Cockpit voice recording and their recording copy;

dd) Opinions on analyzed information, including the information of black box;

e) Information pertaining to the security and national defense.

Article 17. Re-investigation

1. The decision on re-investigation for the aircraft incident or accident after the end of investigation is only done in case of detection of important new evidence which can change the conclusion of cause and responsibility for the incident or accident.

2. The authority to re-investigate and the procedures for re-investigation of aircraft incident or accident are applied as for the first investigation.

Article 18. Preliminary report on aircraft incident or accident

1. The aircraft incident or accident investigation body shall make a preliminary report on investigation of aircraft incident or accident under the form specified in Appendix II of this Decree.

2. Within 30 days from the date of occurrence of aircraft incident or accident, the Ministry of Transport shall send the preliminary report on investigation of aircraft incident or accident to the relevant countries and international organizations as follows:

a) Country of aircraft registration;

b) Country of aircraft operation;

c) Country of aircraft design;

d) Country of aircraft manufacture;

dd) International Civil Aviation Organization (ICAO) for aircraft with a maximum weight of over weighing 2,250 kilograms.

Article 19. Official report on investigation of aircraft incident or accident

1. Upon the completion of investigation, the aircraft incident or accident investigation body shall make an official report under the form specified in Appendix III of this Decree.

2. The Ministry of Transport shall send the draft of official report on aircraft incident or accident to the following countries for opinions:

a) Country of aircraft registration;

b) Country of aircraft operation;

c) Country of aircraft design;

d) Country of aircraft manufacture;

3. Within 60 days, from the date of sending the draft of official report, if receiving the opinions of the countries specified in Paragraph 2 of this Article, the aircraft incident or accident investigation body shall study and revise it or attach those opinions in the official report.

4. When the time limit of 60 days is over without receiving the opinions and agreements from the countries, the Ministry of Transport shall send the official report on the investigation of aircraft incident or accident to the following countries and international organizations:

a) Country involved in investigation;

b) Country of aircraft registration;

c) Country of aircraft operation;

d) Country of aircraft design;

dd) Country of aircraft manufacture;

e) Country having the deceased or seriously injured citizens;

g) Country which has provided the relevant information, equipment or specialists;

h) International Civil Aviation Organization (ICAO) for aircraft with a maximum weight of over weighing 5,700 kilograms.

Article 20. Disclosure of official report on investigation of aircraft incident or accident

1. Based on the characteristics of aircraft incident or accident, the aircraft incident or accident investigation body shall disclose a part or the whole of official report on investigation of aircraft incident or accident, except the case of investigation of aircraft incident or accident as authorized by other countries.

2. The disclosure of official report on investigation of aircraft incident or accident specified in Paragraph 1 of this Article shall be done within 12 months from the date of sending the official report on the investigation of aircraft incident or accident to the countries and international organizations.

Article 21. Safety recommendations

1. During the investigation of aircraft incident or accident, the aircraft incident or accident investigation body has the following rights:

a) Sends documents to require the relevant organizations and individuals to take measures to strengthen the aviation safety;

b) Sends the recommendations for aviation safety arising from the investigation to the relevant countries and the International Civil Aviation Organization (ICAO).

2. Within 30 days from the date of receiving the written recommendation, the organizations and individuals specified under Point a, Paragraph 1 of this Article must report to the Civil Aviation Authority of Vietnam on taking the preventive measures and strengthening the aviation safety.

Article 22. Funding for investigation of aircraft incident or accident

1. The operator and the lessee of aircraft in case of lease with crew having the aircraft in distress shall bear the expenses of decoding, autopsy, scene reconstruction and removal of aircraft, cargo, luggage and objects transported on aircraft, remuneration and other expenses for those who are used to serve the investigation of aircraft incident or accident specified in Paragraph 3, Article 7 of this Decree.

2. The other expenses served for the investigation of aircraft incident or accident are taken from the state budget. The Ministry of Transport shall make an estimate of expenses for each case for report to the Ministry of Finance for decision.

Chapter 4;

INTERNATIONAL COOPERATION IN INVESTIGATION OF AIRCRAFT INCIDENT OR ACCIDENT

Article 23. Participation in investigation of aircraft accident

1. The representatives of the countries permissible to participate in the investigation of aircraft accident are under the control of the aircraft incident or accident investigation body.

2. The representatives of the countries participating in the investigation of aircraft accident have the following rights and obligations:

a) Come to the scene of accident;

b) Inspect the aircraft debris;

c) Know information on testimonies of witnesses and recommend the issues to be clarified;

d) Know about the evidence;

dd) Receive the copies of appropriate documents from the investigation;

e) Participate in decoding the black box;

g) Participate in investigation of accident such as inspection of component parts, technical explanation and comment, inspection and simulation of process of accident occurrence.

h) Participate in the meetings pertaining to the analysis and assessment of causes and safety recommendations during the investigation;

i) Present viewpoints on issues which still have different opinions during the investigation of accident;

k) Disclose the information on aircraft accident which the aircraft incident or accident investigation body permits.

Article 24. Cooperate with the countries having victims in aircraft accident

Where the aircraft accident occurs in the territory of Vietnam, the representatives of the countries having their deceased or seriously injured citizens can enter Vietnam and have the following rights:

1. Come to scene of aircraft accident; know the information on the scene of aircraft accident;

2. Identify the victims;

3. Coordinate with the accident investigation body to question the live passengers who are their citizens;

4. Receive the copy of official report on aircraft accident;

5. Receive information on aircraft incident or accident as permissible by the aircraft incident or accident investigation body.

Article 25. Investigate the aircraft incident or accident in foreign country

1. Where the investigation of aircraft incident or accident is carried out by other countries, the Ministry of Transport must:

a) Provide the country where the aircraft incident or accident has occurred with the information on the aircraft and crew for the aircraft registered with Vietnamese nationality or operated by the Vietnamese operator right after receiving the notification.

b) Provide the country where the aircraft incident or accident has occurred with the information on the aircraft which is designed or manufactured in Vietnam right after receiving the notification.

c) Provide the information decoded from the black box for the country carrying out the investigation of aircraft incident or accident in accordance with the provisions specified in Appendix I of this Decree with the aircraft registered with Vietnamese nationality or operated by the Vietnamese operator;

d) Provide the information on the dangerous cargo transported on aircraft operated by the Vietnamese operator for the country where the aircraft incident or accident has occurred right after receiving the notification.

dd) Information on passengers transported on aircraft.

2. The Ministry of Transport shall coordinate with the relevant Ministries and sectors to participate in the aircraft incident or accident which has occurred in foreign countries in the following cases:

a) Aircraft bearing the Vietnamese nationality;

b) Aircraft operated by the Vietnamese operator;

c) Aircraft designed or manufactured by Vietnam.

3. Where the Vietnamese citizens are the victims in the aircraft incident or accident which has occurred in foreign countries but not subject to the cases specified in Paragraph 2 of this Article, the Ministry of Foreign Affairs shall coordinate with the country where the aircraft incident or accident has occurred to coordinate with the Ministry of Transport in investigation of accident.

Article 26. Authorization of investigation of aircraft incident or accident

1. Where the occurrence of incident or accident in foreign countries for the aircraft bearing the Vietnamese nationality or operated by the Vietnamese operator and the country where the incident or accident has occurred is authorized to Vietnam for partial or whole investigation. In this case, the investigation is done in accordance with the provisions of this Decree.

2. Based on the characteristics of aircraft incident or accident and at the request of the Minister of Transport, the Prime Minister shall decide to authorize the country of aircraft registration or the country of aircraft operator to investigate the aircraft incident or accident which has occurred in the territory of Vietnam for the aircraft bearing the foreign nationality.

Chapter 5:

INCIDENT REPORT

Article 27. Aircraft incident report

1. Within 72 hours from the time of occurrence of aircraft incident specified in Appendix IV of this Decree, the aircraft operator, airline, aircraft maintenance organization, aircraft design and manufacture organization, aircraft commander, air traffic service provider and aviation Authority must report to the Civil Aviation Authority of Vietnam under the form specified in Appendix V of this Decree.

2. The organizations and individuals specified in Paragraph 1 of this Article must have the book to regularly follow and update the incidents occurred to the relevant aircraft within their management.

3. The airlines must make periodical reports on aircraft incident and send them to the Civil Aviation Authority of Vietnam as follows:

a) Monthly report: on the 25^th date of each month;

b) Quarterly report: prior to the 5^th date of the first month of the subsequent quarter;

c) Yearly report: prior to the 15^th date of January of the subsequent year.

Article 28. Summarize the incident reports

Based on the received incident reports, the Civil Aviation Authority of Vietnam must conduct the following activities to take the measures to prevent the aircraft incidents:

1. Summarizes, analyzes and assesses the aircraft incident reports as specified in Article 27 of this Decree;

2. Inspects the application of measures to ensure the aviation safety;

3. Inspects the remedy of aircraft incident and take the measures to prevent the aircraft incidents;

4. Notify the result of analysis and assessment of information from the incident reports to the relevant organizations and individuals.

Chapter 6:

IMPLEMENTATION PROVISIONS

Article 29. Effect

This Decree takes effect 15 days after its publication in the Official Gazette.

Article 30. Responsibility for implementation

The Ministers, heads of ministerial-level bodies, heads of governmental bodies, Chairman of People's Committees of provinces and centrally-run cities are liable to execute this Decree. /.

APPENDIX I

LIST OF INCIDENTS TO BE INVESTIGATED

1. Aircrafts nearly collide with each other but with manipulation of avoidance to stop the collision or dangerous situations.

2. Aircraft nearly crashes into the obstacles on the ground.

3. Cancelling the take-off at the end of runway or the aircraft skids off the runway.

4. Taking off at the end of runway or outside the runway.

5. Landing or intending to land at the end of runway or outside the runway.

6. Landing and grounding too early or the aircraft skids off the runway.

7. Failure to meet the expected features during takeoff or climbing.

8. There is fire or smoke in the passenger or cargo compartment or engine fire but is extinguished by the fire-fighting substances.

9. Incident which forces the crew to use emergency oxygen.

10. Many damages occur to one or many aircraft systems seriously affecting the aircraft operation.

11. Crew loses the working capacity while the aircraft is flying.

12. There are problems with the fuel which forces the crew to declare the state of emergency.

13. Malfunction of the system, unusual weather phenomena or aircraft operation exceeding the approved limits or circumstances making it difficult to control the aircraft.

14. Failure of structure or engine separation but not to the extent of being deemed as accident.

15. Failure at the same time of many systems in which there must be a substitute system to determine the direction of flight and navigation.

16. Other incidents which must be investigated as required by ICAO./.

APPENDIX II

CONTENTS OF PRELIMINARY REPORT ON INVESTIGATION OF AIRCRAFT INCIDENT OR ACCIDENT

I. GENERAL INFORMATION ON AIRCRAFT ACCIDENT

1. Reference number

2. Location of accident

3. Date and local time

4. Aircraft data

5. Type of aircraft and manufacturer

6. Nationality and registration number

7. Name of aircraft operator

8. Flight itinerary

II. FORM OF FLIGHT

1. Domestic/regular international/chartered flights

2. Operator (domestic/international)

3. Last place of take-off

4. Intended landing place

5. Flying time

III. CASUALTIES

1. Crew members

2. Passengers

3. People on the ground

IV. CONSEQUENCES TO AIRCRAFT

V. WEATHER CONDITIONS

1. Weather condition in the area of accident occurrence

2. Lighting conditions

VI. PROCESS OF OCCURRENCE TO THE AIRCRAFT IN DISTRESS

VII. BRIEF DESCRIPTION

1. Brief description of accident including the unusual circumstances and the most important information.

2. Notes of safety and necessary preventive measures which can be acceptable./.

APPENDIX III

CONTENTS OF OFFICIAL REPORT ON INVESTIGATION OF AIRCRAFT INCIDENT OR ACCIDENT

A. INTRODUCTION

1. The information on operator, manufacturer, type, nationality, registration number, date and place of occurrence of aircraft incident or accident.

2. Preliminary summary of information on the process of receiving the notification of the country of the aircraft incident or accident; the investigation body and the appointed representatives of the relevant countries; the body drafting the report; the conclusion of circumstances resulted in aircraft incident or accident.

B. MAIN PART

I. The detailed information on aircraft incident or accident:

1. Flight itinerary:

a) Flight number, type of operation, last departure place, local time or coordinated universal time (UTC) upon the last departure and intended landing place;

b) Flight plan, description of flight and events resulted in aircraft incident or accident including the reconstruction of flight orbit if necessary;

c) Location (determined by the meridian and parallel) of occurrence of accident, time of occurrence of accident (local time or coordinated universal time - UTC), day and night.

2. Casualties:

a) Number of deceased persons: crew members, passengers and others;

b) Number of seriously injured persons: crew members, passengers and others;

c) Number of mildly injured or unscathed persons: crew members and passengers.

3. Extent of damage to aircraft

Describe and assess the extent of damage to aircraft caused by the accident (serious destruction, damage, minor damage or no damage)

4. Other damages

Describe other damages other than the aircraft

5. Information on aviation staff:

a) The important information on the crew members consist of: age, validity of permit, professional capacity certificate and compulsory tests, flight experience (total flying hours and flying hours on type of aircraft) and information on duty time;

b) Information on conclusion of health inspection;

c) Brief summary of qualifications of experience of other crew members;

d) Important information pertaining to the relevant aviation staff such as air traffic controller and aircraft maintenance officer.

6. Aircraft data:

a) Brief the maintenance condition and airworthiness of the aircraft;

b) Brief the information on load and carry-center within the permissible limit in the stages of flight pertaining to the stages of flight;

c) Type of fuel used

7. Meteorological information:

a) Brief the meteorological condition when the circumstances occur including the forecasting and actual weather condition with the weather information received by the crew;

b) Natural light condition when the accident has occurred (daylight, midnight moonlight).

8. Guidance equipment:

Specify the important information on navigation devices and navigation and landing system (ILS, MLS, NDB, PAR, VOR and other devices that support the vision on the ground) and their effect at that time.

9. Communications:

The important information on stationary or mobile aeronautical stations and their effect.

10. Information on aerodrome:

The information pertaining to the aerodrome with its equipment and operative effect.

11. Data collected from black box

12. Data collected from aircraft debris.

13. Information psychological assessment of crew members.

14. Information on fire phenomenon (if any)

15. Issues pertaining to the survivors as victims

a) Brief the issues pertaining to the search and rescue and wound sites of crew and passengers;

b) Structural damage to the seat and seatbelt.

16. Result of testing and study.

17. Information on organization and management aspects.

a) Important information on the relevant field of organization and management and effect to the aircraft operation, including the following organizations: aircraft operators, facilities providing the air traffic services and setting up the airway and aerodrome, meteorological service providers and bodies issuing the aviation regulations.

b) The issues of organization and management consist of: organizational apparatus, functions, duties, powers, human resources, funding status, management policies and legal framework of working mechanism.

II. Analysis

Analyze the obtained information in relevant section I for determining the conclusion and cause.

III. Conclusion

List the issues and causes identified during the investigation, including the direct and indirect causes.

IV. Safety recommendations

Where the causes are identified, list the safety recommendations with the preventive measures.

C. APPENDICES

Including the layouts, drawings and necessary additional data to clearly understand the contents of report./.

APPENDIX IV

LIST OF INCIDENTS TO BE REPORTED

A. FLIGHT OPERATION

+ Aircraft operation:

1. Risks of collision

a) Risks of collision between 02 aircrafts, between aircraft and other vehicles:

b) When required to apply the necessary movements to avoid collision with aircraft, ground or other vehicles;

c) Movements to avoid the unsafe circumstances.

2. Incidents during the take-off and landing including the scheduled or compulsory landing, skidding off the runway; incident during the take-off, take-off cancellation or landing on unused runway or runway in use by other aircrafts or landing on wrong runway (only the plan for landing preparation phase though).

3. Fuel remains little or unable to switch fuel or use up the amount of usable fuel.

4. Loss of control (including partial or temporary loss of control system) for any reason.

5. Incident which occurs at the time of equal to or greater than the speed V1 can cause or can lead to dangerous circumstances or potential dangers (eg, cancellation of takeoff, tailsitter, engine power loss).

6. Can cause dangerous circumstances or potential dangers while flying the second round.

7. Unintended deviation of flight speed, flight direction or altitude greater than 91m (300ft) for any cause whatsoever.

8. Lower the altitude than the decision height (DH) or the permissible maximum landing altitude without detecting the prescribed visible reference point.

9. Failure to determine the physical position of aircraft or the position of aircraft compared to other aircraft.

10. Disruption of communications between crew members, or between the crew and the other divisions as attendants, air traffic controllers and technical staff.

11. Hard landing - or landing and after that the check after landing is necessary.

12. Fuel deviation exceeding the permissible limit.

13. Setting the wrong code of Secondary Surveillance Radar or scale of height gauge.

14. Wrongly programming, updating wrong parameters or using incorrect parameters for the devices of navigation system or operational feature computing system.

15. Failure or malfunction of the fuel system which can affect the supply and distribution of fuel.

16. Aircraft trends to skid off the runway or taxiway unintendedly during take-off, landing and rolling on the ground.

17. Collision between aircraft with another or other vehicles and objects on the ground.

18. Incorrect or unintended operation of the control system.

19. Failure to gain the features of aircraft as calculated in any stage of the flight.

20. Dangers or potential dangers as the consequences of creation of failure circumstances during the training, system testing or for training purposes.

21. Phenomenon of unusual vibration.

22. Operation of important warning systems resulted in respective activities of aircraft, except when:

a) The crew confirms those warnings are false (record it in the flight logbook) and they do not cause any difficulty or danger to the crew during the handling of such failures; or

b) The warnings are falsified for training or system testing.

23. There is warning phenomenon of the enhanced ground proximity warning system (EGPWS) or terrain awareness and warning system (TAWS) when the aircraft approaches the ground lower than the predefined flight plan as calculated.

24. There appear the warnings while flying with the Instrument Meteorological Conditions (IMC) or when it is dark and these warnings are caused by the too high speed of altitude lowering (Mode 1).

25. There appear the warning of landing gear or edge flap has not yet been dropped according to the respective mode at the necessary point during the landing approach.

26. Any difficulties or hazards occurred or could occur (eg, failure to maintain the prescribed horizontal spacing for other airways) since the crew must handle the types of warning which can be true, false or offensive to the crew.

27. There are difficulties or dangers appeared or could appear after the crew takes action to respond to the EGPWS/TAWS warning.

28. Airborn collision avoidance system (ACAS and Resolution Advisory).

29. Explosion incident due to jet and propulsive force causing serious damage or dangerous injury.

+ Cases of emergency:

30. Fire, explosion, smoke or toxic smoke, even when the fire is extinguished.

31. The pilot or attendant must use the exceptional procedures to deal with the emergency cases when:

a) There are the procedures but not be used; or

b) There are no procedure; or

c) There are the procedures but not yet completed or consisted; or

d) The procedures are improper; or

dd) The procedures are proper but not followed.

32. Procedures are not set up completely for application in case of emergency, even when being used in case of maintenance, training and testing.

33. Cases which lead to emergency exit.

34. Loss of pressure adjustment system in the passenger compartment.

35. Emergency devices or necessary emergency procedures are used to deal with the circumstances during flight.

36. Circumstances which lead to the announcement of state of emergency (MAYDAY or PAN).

37. Failure of emergency devices or system including the exit doors and lights is detected during the operation and maintenance and even when being used in testing and training.

38. Circumstances which require the crew to use the oxygen devices urgently.

+ Cases of loss of working capacity of the crew

39. The loss of working capacity of the crew members, including the problems which have occurred before departure in case of risks causing loss of working capacity of the crew during flight afterwards.

40. The flight attendants lose their working capacity and cannot perform the important exit functions.

+ In case of injured persons:

41. The incidents which caused or could cause injury to the passengers or crew but not to the extent of being deemed as accident.

+ Cases due to weather

42. Lightning strike causes damage to the aircraft or loss or malfunction of key system (display of flying parameters, control, engine, communications, navigation etc).

43. Experience of hail causes damage to aircraft or loss or malfunction of functions of key system (as mentioned above).

44. Aircraft flies into the strong turbulence zone and causes injury to the flight participants or the check of aircraft must be done after it has flown into the strong turbulence zone.

45. Aircraft flies into the strong crosswind areas.

46. Aircraft flies into the area with ice which causes difficulty to the control and failure of aircraft, loss or malfunction of key functions.

+ Cases due to security:

47. Illegal interference in aircraft including bomb threat or aircraft hijacking.

48. Difficulties arise in controlling the drunk persons, violence or passengers who do not comply with regulations.

49. Detection of illegal passengers on aircraft.

+ Other cases:

50. For the specific incidents with their repetitive phenomenon, although they are not deemed as incidents but required to be reported because of their repetitive phenomenon which can cause the possible threat to the flight safety.

51. Bird collision causes damage to aircraft, loss or malfunctioning of key systems or devices.

52. All other incidents which have caused or could cause the loss of safety to the aircraft and persons on aircraft or on the ground.

B. AIRCRAFT ENGINEERING

+ Aircraft structure:

53. Failure of the principal structure elements are not considered as the damage tolerant-life limited elements. The elements of principal structure are the principal load-bearing structures while the aircraft is flying, on the ground and pressure difference load due to the pressure boosting of aircraft capsule. The failure of these elements can cause the aircraft incident.

54. Failure exceeding the permissible limits of principal structure elements is considered as the damage tolerant-life limited elements.

 55. Damage or failure of structure elements exceed the permissible limits and can cause the reduced durability of structure and loss of capacity to eliminate the flutter and divergence or loss of control reversal margins

56. Failure of structure elements can result in the separation of heavy components causing injury to the flight participants.

57. Failure of structure elements can affect the normal operation of other systems.

58. Loss of some elements of aircraft structure during flight.

+ Aircraft system:

59. Serious loss or malfunction or failure of system or secondary system or some devices can lead to the impossibility to carry out the Standard Operation Procedures (SOP).

60. Crew loses the system control capacity, for example:

- Operations fail to follow the crew's control.

- Wrong response or incompletely under the control, including the limits of movement or jam.

- Movement of rudder, edge flap (front and rear), spoiler and strip is greater compared with the control signals.

- Mechanical interruption or failure

61. Failure or malfunction of one or multiple special functions of the system (one system can assume multiple functions).

62. There are impacts and effects in or between systems.

63. Failure or malfunction of protective devices or emergency system pertaining to the system.

64. Loss of redundancy of the system.

65. Incidents result in operations other than the calculation mode of the system.

66. For types of aircraft whose primary systems and primary secondary systems or primary devices have only one set: loss or malfunction or failure of one of the primary systems and secondary systems or set of device;

67. For types of aircraft with multiple independent primary systems or primary secondary systems or multiple sets of device (with the same functions): loss or malfunction or failure of 02 primary system or primary secondary systems or sets of device or more.

68. Operation of the warning system of level 1 pertaining to the systems of aircraft or devices, except when there is an official conclusion of the crew that the warning is false and the crew confirms those false warnings do not cause difficulties or dangers to the crew in response to the circumstances.

69. Leakage of hydraulic oil, fuel oil, lubricant or other types of liquid can cause the risks of fire or failure of aircraft structure, system or equipment or danger to the passengers and crew.

70. Malfunction of flight parameter display system can result in the possibility of providing the incorrect flight parameters for the pilot.

71. All failures or malfunctions occur in the primary stages of the flights (takeoff run, takeoff, landing, gain and reduction of height or upon landing approach) and are associated with the operation of the system.

72. Important deficiency of actual features of the system compared with the approved features can cause dangerous circumstances (including the accuracy of calculation methods of those features) including the use of brake system, fuel consumption, etc.

73. Loss of synchronization of control system, front and rear edge flap system, etc)

+ Power generating system (engine, propeller and drive system of helicopter):

74. There is no combustion in the combustion chamber, aerial engine shutdown or malfunction of one of the engines.

75. Excessive turn round speed or unable to control the turn round speed of parts with great turn round speed such as: Auxiliary Power Unit (APU), gas starter motor of the engine, cooling turbine of air conditioning system, gas turbine motor, propeller or helicopter rotary blade.

76. Failure or malfunction of parts of engine or power generating equipment can result in one of the following cases:

a) Inability to enclose the debris of the destroyed equipment (equipment);

b) Loss of capacity of alarm and extinguishment of internal and external fire or hot gas opening; direction of necessary expulsive force fails to follow the crew’s control;

c) System creating the reverse expulsive force (reverse blowing system) does not operate or operates unintendedly;

d) Loss of capacity to control the power, expulsive force or rotation;

dd) Damage or failure of engine suspension structure;

e) Loss of one part or the whole of main components of power generating equipment;

g) Visible smoke or harmful substances that can cause unconsciousness for the flight crew and passengers;

h) The engine cannot be shut down upon application of normal shutdown procedures;

i) Unable to re-start the engine when it is in good condition.

77. Unintended loss, change or oscillation of power/expulsive force due to failure to control the power/expulsive force of the engine:

a) For the aircraft having one engine;

b) When being deemed an excess of permissible application;

c) When this can affect the engines on aircraft having 02 engines or more, especially in case the aircraft has 02 engines; or

d) When the circumstances are deemed dangerous and serious for the aircraft having 02 engines of the same type or more.

78. Failure of life limited parts or devices or hard time controlled parts can result in the change of those parts or devices prior to the prescribed time limit.

79. Failures with the same cause can result in the rate of aerial engine shutdown which is so high that there is a possibility of engine shutdown of two engines (or more) in a flight.

80. Restrictors or engine control equipment fails to operate in case of necessity or unintendedly operate.

81. Excess of permissible limit of engine parameters.

82. Collision with foreign objects which causes damages to the engine, propeller and movement actuator.

+ Rotary blade and movement actuator:

83. Damage or malfunction of propeller or power generating component can cause some cases as follows:

a) Excess of turn round speed of propeller;

b) Generation of excessively large resistance force;

c) Generation of direction of expulsive force in contrast to the control of the crew;

d) Propeller or import component of propeller is thrown out;

dd) Failure causes excessive loss of balance;

e) Unintended movement of blade is lower than the permissible smallest variable range position (for each working mode of the engine) while flying;

g) Blade of propeller cannot be reversible;

h) Variable range of propeller cannot be controlled

i) Variable range of propeller is changed unintendedly;

k) Loss of control of torque and oscillation of turn round speed;

l) Low energy moving parts are thrown out.

84. Damage or failure of the gearbox of main rotary blade / gearbox of engine can lead to separation of propeller parts, and / or malfunction of the rotary blade control;

85. Damage of tail rotary blade of helicopter, drive system and similar systems.

+ Auxiliary engine:

86. Shutdown or failure of auxiliary power unit (APU) for Extended-range Twin-engine Operational Performance Standards (ETOPs) or required by the minimum equipment list (MEL).

87. Auxiliary power unit (APU) cannot be shutdown.

88. Excessive turn round speed of auxiliary power unit (APU).

89. Auxiliary power unit (APU) cannot be started upon needs for operation.

+ Human elements:

90. Any incident due to incomplete aircraft design can lead to the error in operation and use and can cause the danger or accident.

+ Other incidents:

91. Any incident due to incomplete aircraft design can lead to the error in operation and use and can cause the danger or accident.

92. Common incidents not included in the list of incidents to be reported (for example the incident to the equipment system serving passengers, equipment of passenger compartment, water used on aircraft) but actually cause the unsafety for the aircraft, passengers and crew members.

93. Fire, explosion, smoke or toxic or harmful gas.

94. All other cases can cause the unsafety to the aircraft or affect the safety of passengers, crew or people or assets around the aircraft on the ground.

95. Damage or failure of the passenger notification system can lead to its loss of operational functions.

96. Pilot seat loses its control during flight.

C. AIRCRAFT MAINTENANCE

97. Imprecise assembly of parts or equipment of aircraft is detected during the test or performance of the unplanned testing procedures in order to detect such imprecise assembly.

98. Leakage of hot gas leads to the damage of aircraft structure.

99. Failure of life limited devices can result in the change of those devices prior to the prescribed time limit.

100. Damage and degradation (cracked, fissured, rusty, delamination or disbonding), any reason (eg vibration, loss of material hardness or structural damage) of:

a) Primary structure or primary components of chassis framework structure (in accordance with the provisions in the manufacturer’s structure repair manual SRM) when the failures or degradation of these primary structures exceed the permissible limit specified in SRM and need repair or partial or whole replacement of those structures;

b) Auxiliary structure can cause unsafe circumstances to the aircraft;

c) Engine, propeller or rotary blade system.

101. All failures and malfunctions or failures of system or equipment, failure or degradation are detected during the compliance with the compulsory technical notifications and compulsory technical guidelines for each type of aircraft when:

a) Being detected for the first time during the implementation of compulsory technical notifications;

b) During the times of compliance with the compulsory technical instructions afterwards and detecting they exceed the permissible limit specified in the manual and/or without the respective repair procedures.

102. Failure of emergency devices or system including the exit doors and lights for functions of emergency exit, even when the failure is detected during the maintenance or operational testing of those devices or systems.

103. Failure to comply or serious violation of maintenance procedures as required.

104. Aircraft products (aircraft, engine, propeller), parts, devices or materials with unclear or doubtful origin.

105. Wrong, incomplete maintenance manuals and procedures or even provision of wrong instructions can cause errors in maintenance activities.

106. Damage, malfunction or failure of ground devices which are used to test the operational functions of aircraft system and devices to detect the problems which the common procedures and tests cannot detect when they (damages, malfunctions or failure of ground devices) can cause the unsafety to the aircraft.

D. FLIGHTS OPERATION AND GROUND SERVICES

+ Air traffic management:

107. Provision of incorrect, incomplete or misleading information from the ground sources such as air traffic control, automatic terminal information service (ATIS), meteorology, navigation database, map, graphs and guiding documents etc.

108. Provision of spacing which is lower than the prescribed one.

109. Provision of incorrect barometric pressure data (such as setup of altitude).

110. Wrong transmission, receipt and understanding of important instructions can lead to dangerous circumstances.

111. Violation of minimum spacing.

112. Entry into airspace without permission or violation of no-fly-zone.

113. Illegal cordless communications.

114. Failure of devices of navigation system on the ground or satellite.

115. Serious failure of air traffic control/management system or serious degradation of aerodrome infrastructure.

116. Aerodrome areas, taxiway and runway jammed by aircrafts, vehicles, animals or foreign objects can cause the unsafe conditions.

117. Errors of warning or incomplete warning about obstacles or dangers in aerodrome areas, taxiway and runway can cause the unsafe conditions.

118. Failure or malfunction of aerodrome light system or without aerodrome light system.

+ Aerodrome and aerodrome services:

119. Excessive spill of fuel oil (fuel) during oil filling.

120. Filling of improper amount of fuel oil (fuel) can cause serious effect to the load-bearing capacity, features, balance or structural durability of aircraft.

121. Process of defrosting / freezing prevention on the ground is unsatisfactory.

122. Serious pollution and contamination to chassis structure, systems or devices of aircraft during transportation of luggage or cargo.

+ Services to passengers, luggage and cargo:

123. Wrong arrangement of load (passengers, luggage or cargo) significantly affects the load and carry-center of aircraft.

124. Wrong arrangement of luggage or cargo (including hand luggage) can cause unsafety to aircraft, aircraft devices, passengers and crew members or obstruct the exit in case of emergency.

125. Improper arrangement of cargo containers or bulky or large cargo.

126. Incidents caused by transportation of dangerous cargo in contradiction with operation regulation.

+ Ground services:

127. Damage, malfunction or failure of ground devices which are used to test the operational functions of systems and devices of aircraft in order to detect the problems which the common testing procedures cannot detect when they (damages, malfunctions or failure of the ground devices) can cause unsafety to the aircraft.

128. Failure to comply or mistakes made in compliance with the ground service procedures.

129. Filling the aircraft with contaminated or improper fuel oil or other types of liquid./.