Chương 2 Nghị định 75/2007/NĐ-CP: Thông báo sự cố, tai nạn tàu bay

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.