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.
Tìm kiếm
Nghị định 75/2007/NĐ-CP (Bản Word)