Chương 1 Nghị định 75/2007/NĐ-CP: Quy định chung

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.