Chương 4 Nghị định 75/2007/NĐ-CP: Hợp tác quốc tế trong hoạt động điều tra sự cố, tai nạn tàu bay

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.