| OFFICE OF THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIETNAM |
| No. 03/VBHN-VPQH | Hanoi, August 02, 2023 |
LAW
VIETNAM CIVIL AVIATION
The Law No. 66/2006/QH11 dated June 29, 2006 of the National Assembly on Vietnam Civil Aviation, which comes into force from January 01, 2007 is amended by:
1. The Land Law No. 45/2013/QH13 dated November 29, 2013 of the National Assembly, which comes into force from July 01, 2014;
2. The Law No. 61/2014/QH13 dated November 21, 2014 of the National Assembly on amendments to the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
3. The Law No. 16/2023/QH15 dated June 19, 2023 of the National Assembly on Prices, which comes into force from July 01, 2024;
4. The Law No. 18/2023/QH15 dated June 20, 2023 of the National Assembly on Civil Defense, which comes into force from July 01, 2024;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam amended by Resolution No. 51/2001/QH10 dated December 25, 2001, of the Xth National Assembly, the 10th session;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law provides for civil aviation operation and contains regulations on aircrafts, airports, aerodromes, aviation staff, air navigation, air transportation, aviation security, civil liability, general aviation and other activities related to civil aviation.
2. This Law does not provide for activities of official-duty aircrafts, including military aircrafts, specialized aircrafts of customs and police forces and other aircrafts used for government public affairs, except for cases where official-duty aircrafts are used for civil purposes or other cases prescribed in the Vietnam Civil Aviation Law.
Article 2. Regulated entities
1. Vietnamese and foreign organizations and individuals engaged in civil aviation operation in Vietnam.
2. Vietnamese organizations and individuals engaged in civil aviation operation in foreign countries, unless otherwise provided for by the laws of these foreign countries.
3. Vietnamese and foreign organizations and individuals engaged in civil aviation operation in the flight information region under the management of Vietnam.
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Article 3. Application of laws
1. Regarding social relations arising from civil aviation operation not governed by this Law, relevant regulations of Vietnamese law shall be applied.
2. In case where this Law contains provisions different from the provisions of another Law with regard to a same matter related to civil aviation operation, the provisions of this Law shall be applied.
3. In case where an international agreement to which the Socialist Republic of Vietnam is a signatory contains provisions different from the provisions of this Law, the provisions of such agreement shall be applied.
Article 4. Principles of application of law in case of law conflicts
1. The laws of the country in which an aircraft's nationality is registered shall be applied to social relations arising on board the aircraft in flight and applied in order to determine rights to an aircraft.
2. The laws of the country in which a contract related to rights to an aircraft is signed shall be applied to determine the form of such contract.
3. The laws of the country in which an aircraft is rescued or preserved shall be applied to the payment of remuneration for the rescue or preservation of such aircraft.
4. The laws of the country in which an accident occurs as a result of aircraft collision or interference or in which an aircraft in flight causes damage to third parties on the surface shall be applied to the compensation for damage.
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1. Respect for independence, sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam; assurance about safety and security of aviation; fulfillment of defense and security requirements and effective exploitation of aviation potential in service of national socio-economic development.
2. Conformity with the national socio-economic development strategy, transport development strategies, plannings and plans; synchronous development of airports, aerodromes, air navigation, means of transport and other resources; environmental protection and sustainable development.
3. Healthy and fair competition among organizations and individuals of all economic sectors participating in civil aviation operation.
4. Expansion of international exchange and cooperation in the sector of civil aviation.
Article 6. Policies on development of civil aviation
1. The State shall prioritize investment in construction and upgrading of airports, aerodromes and other facilities that belong to civil aviation infrastructure in order to ensure safe, efficient and synchronous development of air transportation.
2. The State shall enable Vietnamese organizations and individuals of all economic sectors, foreign organizations and individuals and overseas Vietnamese to make cooperation and investment in civil aviation sector.
3. The State shall enable Vietnamese airlines to provide air transportation services and operate flight routes to areas with particularly difficult socio-economic conditions, mountainous, deep-lying and rural areas.
5. [2] The State shall protect lawful rights and interests of Vietnamese organizations and individuals, overseas Vietnamese and foreign organizations and individuals involved in civil aviation operation.
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Article 7. Environmental protection in civil aviation operation
1. Organizations and individuals engaged in civil aviation activities shall observe the environmental protection law.
2. Aircrafts, air navigation facilities and equipment; airport and aerodrome facilities and equipment and other technical equipment on the ground shall meet environmental protection standards and be inspected in order to prevent and promptly respond to adverse environmental impacts.
Article 8. Contents of state management of civil aviation [4]
1. Promulgating and organizing the implementation of, legal documents, economic-technical norms, standards, technical regulations, rules and processes related to civil aviation.
2. Formulating and directing the implementation of, strategies, plannings, plans and policies on development of the civil aviation sector in accordance with law.
3. Managing civil flight operations in the Vietnamese territory and flight information regions managed by Vietnam; managing investment in development of service facilities, technical systems, air navigation facilities and equipment.
4. Making planning and managing investment in construction and operation of airports and aerodromes; managing the use of land in airports and aerodromes.
5. Managing air transportation activities; inspecting and supervising operations of air transportation enterprises and air service providers.
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7. Managing design, manufacture, operation, repair, maintenance, import and export of aircrafts, aircraft engines, aircraft propellers, aircraft equipment and other facilities, equipment and supplies for civil aviation operation.
8. Issuing and recognizing certificates, licenses and other papers and documents related to civil aviation operation.
9. Managing the assurance about security and safety for civil aviation operation; organizing and ensuring security and safety for flights for dignitaries on private planes and special-purpose flights.
10. Managing aircraft search and rescue activities and investigations into aircraft incidents and accidents.
11. Promoting international cooperation on civil aviation.
12. Managing training and development of human resources for the civil aviation sector, giving health checks to aviation employees.
13. Managing scientific and technological activities in the civil aviation sector; carrying out environmental protection, prevention and control of natural disasters and response to climate change in civil aviation operation.
14. Managing prices, charges and fees in civil aviation operation.
15. Conducting inspection, and handling complaints, denunciations and violations against regulations on civil aviation operation.
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1. The Government shall perform the uniform state management of civil aviation.
2. The Ministry of Transport shall be responsible to the Government for performing the state management of civil aviation.
2a. [5] The body performing the specialized state management of civil aviation under the Ministry of Transport is the Aviation Authority.
The Aviation Authority has the following tasks and powers:
a) Issue instructions and clearances; take emergency measures, including stopping flights and operation of aviation vehicles, equipment and employees in order to ensure aviation security and safety and maintain synchronous operation of the air transportation chain;
b) Supervise operation and maintenance of aircrafts and aviation infrastructure, and ensure air navigation activities, air transportation operation, provision of aviation services and non-aviation services; issue, approve or recognize licenses, certificates, ratings, and documents on specialized civil aviation operation;
c) Organize, operate and direct systems for aviation security and safety supervision and management, aviation search and rescue and airport emergencies; organize and direct handling, investigation into and verification of circumstances threatening aviation safety and security, aviation incidents and accidents, and operation of flights for dignitaries on private planes;
d) Appoint supervisors in charge of assurance about aviation safety and security and quality of aviation services according to standards set by the Minister of Transport;
dd) Summarize, analyze and assess reports on aircraft incidents and accidents; inspect and supervise the remediation of aircraft incidents and accidents and take measures to prevent aircraft incidents and accidents; investigate aircraft incidents and accidents;
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g) Announce and distribute information and notices related to civil aviation operation in Vietnam and foreign countries;
h) Conduct specialized civil aviation inspection.
The Government shall elaborate this Clause.
3. The Ministry of National Defense shall manage and protect the Vietnamese airspace; supervise civil flight operations; and cooperate with the Ministry of Transport in organizing and using the airspace in service of civil aviation operation.
4. Ministries and ministerial agencies shall, within the scope of their respective tasks and powers, cooperate with the Ministry of Transport in performing the state management of civil aviation according to the Government's regulations.
5. People's Committees at all levels shall, within the scope of their respective tasks and powers, perform the state management of civil aviation in their local areas.
Article 10. Aviation inspectorate
1.[6] The agency performing the specialized state management of civil aviation shall conduct specialized civil aviation inspection and has the following tasks and powers:
a) Inspect the observance of the law on civil aviation; international treaty to which the Socialist Republic of Vietnam is a signatory; and rules, standards, technical regulations, regulations and processes of operation of civil aviation;
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c) Impose penalties for administrative violations against regulations on civil aviation in accordance with the law on handling of administrative violations;
d) Temporarily seize aircrafts;
dd) Cooperate with inspectorates of ministries, ministerial agencies, Governmental agencies and relevant local agencies in detecting, preventing and handling violations against the law on civil aviation;
e) Recommend measures to handle and remedy violations against regulations on civil aviation operation.
g) Perform other tasks and exercise other powers as prescribed by law.
2. [7] The agency performing the specialized state management of civil aviation shall organize aviation inspection in order to perform inspection functions specified in Clause 1 of this Article.
3. The aviation inspectorate shall be equipped with uniforms, badges and necessary equipment.
4. Organization and operations of the aviation inspectorate shall comply with this Law and the inspection law.
Article 11. Charges, fees and prices for specialized aviation services [8]
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a) Aviation services, which are directly related to aircraft operation, air transportation operation and air navigation;
b) Non-aviation services, which are provided at airports and aerodromes or onboard aircrafts other than aviation services.
2. Specialized aviation charges and fees include:
a) Charges for flights through the airspace of Vietnam, charges for the transfer of operation rights and other charges prescribed by the law on charges and fees;
b) Fees for issuance of certificates and licenses related to civil aviation operation.
3. [9] Prices for aviation services include:
a) Prices for takeoff and landing services; prices for the administration services for arrival and departure flights; prices for aviation security assurance services; prices for administration services for flights through flight information regions managed by the Government of Vietnam; prices for customer services at airports and aerodromes;
b) Prices for aircraft parking lot rental services; prices for passenger check-in counter rental services; prices for baggage carousel rental services; prices for plane ladder rental services; prices for all-in-one ground services and commercial and technical services at airports and aerodromes; prices for automatic departure baggage classification services; prices for aviation fuel supply services; prices for underground fuel supply system infrastructure services at airports and aerodromes.
c) Transfer of rights to utilize aviation services at airports and aerodromes, including passenger terminals; airport terminals, goods warehouses; territorial technical-commercial services; repair and maintenance of aviation vehicles and equipment; aviation techniques; provision of aviation meals; provision of aviation fuel;
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4. [10] Prices for non-aviation services include:
a) Ground rental services, essential basic services at airports and aerodromes;
b) Other non-aviation services.
5. The Ministry of Finance shall prescribe rates of charges and fees specified in Clause 2 of this Article at the request of the Ministry of Transport.
6. [11] The pricing of the State for goods and services prescribed in Points a, b, and c Clause 3 and Point a Clause 4 of this Article shall comply with the law on prices. Enterprises shall declare and list the prices of goods and services according to Clause 3 and Clause 4 of this Article under the law on prices.
7.[12] (Annulled)
8.[13] (Annulled)
Article 12. Prohibited acts in civil aviation operation
1. Prohibited acts include:
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b) Performing duties of aviation staff without appropriate permits and certificates;
c) Dropping equipment, items or other articles from aircrafts in the air, thus affecting the safety of air navigation, environment and people's life;
d) Flying into restricted or prohibited zones in contravention of regulations;
dd) Causing interference to, misusing and exploiting radio frequencies exclusively reserved for civil aviation operation;
e) Damaging the system of signals, facilities, equipment, flight information and management stations, other facilities and equipment in airports and aerodromes or controlling or putting ground facilities that fail to meet technical conditions into operation in flight zones;
g) Building architectural works, installing facilities and equipment or planting trees that may affect air navigation and the operation of facilities and equipment used for airspace and flight management
h) Building works in airports or aerodromes and areas in the vicinity of airports or aerodromes or installing facilities and equipment causing a lot of smoke, dust, fire or exhaust gas or building shooting ranges or works, installing other facilities and equipment that may affect the safety of flights and the operation of facilities and equipment in airports or aerodromes;
i) Installing and using in airports or aerodromes or areas in the vicinity of airports or aerodromes lamps, beacons, signs, signals or objects that may affect aircraft takeoff and landing at airports or aerodromes or the identification of airports or aerodromes;
k) Feeding or rearing birds, cattle or poultry in areas of airports or aerodromes;
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m) Taking weapons, inflammables, explosives and other dangerous things on board aircrafts, into airports, aerodromes or other restricted zones in contravention of regulations;
n) Destroying, damaging, deforming, displacing markers, separators, signal-bearing objects and protective objects in airports and aerodromes; damaging signs and equipment used for the identification of airports or aerodromes;
o) Endangering the safety of air navigation, endangering the life, health and property of other persons on board aircrafts;
p) Acts of unfair competition and other banned acts of competition restriction.
2. The regulations of Point c and Point dd, Clause 1 of this Article also apply to official-duty aircrafts.
Chapter II
AIRCRAFT
Section 1. NATIONALITY OF AIRCRAFT
Article 13. Registration of aircraft nationality
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2. An aircraft is eligible for registration of Vietnamese nationality if it fully meets the following conditions:
a) The aircraft has no nationality of any state or has its foreign nationality relinquished;
b) The aircraft obtains lawful documents proving its ownership;
c) The aircraft meets technical standards set or recognized by a competent state agency.
3. Aircrafts that are being manufactured, assembled or tested in Vietnam may be eligible for temporary registration to have Vietnamese nationality if they meet the conditions specified at Point b and Point c, Clause 2 of this Article.
4. Aircrafts owned and operated by Vietnamese organizations or individuals shall be registered to obtain Vietnamese nationality; in case of individuals, they must be permanent residents in Vietnam.
5. Aircrafts owned by foreign organizations or individuals and leased by Vietnamese organizations or individuals in the form of dry lease or hire-purchase may be eligible for registration to obtain Vietnamese nationality according to the Government's regulations.
6. The Vietnam aircraft register shall be opened publicly and used to record information on registration of nationality of aircraft. Organizations and individuals are entitled to request the issuance of extracts or copies from the Vietnam aircraft register and they shall pay charges.
7. An aircraft has Vietnamese nationality from the time it is recorded in the Vietnam aircraft register. The Ministry of Transport shall issue aircraft nationality registration certificates.
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Article 14. Deregistration of aircraft nationality
An aircraft has its Vietnamese nationality deregistered in the following cases:
1. Being declared missing under Clause 3, Article 103 of this Law;
2. Being irreparably or irrestorably damaged;
3. No longer meeting the conditions specified in Clause 2, Article 13 of this Law;
4.[14] At the request of the aircraft registrant, aircraft owner, secured transaction taker, aircraft lessor or conditional seller.
Article 15. Nationality and registration marks of aircraft
When every aircraft operates, it shall be painted or affixed with nationality and registration marks in accordance with the law of the state in which the aircraft's nationality is registered
Article 16. Specific regulations on nationality of aircraft
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Section 2. AIRWORTHINESS STANDARDS
Article 17. Airworthiness certificate
1. An aircraft may be eligible for operation in the Vietnamese airspace only when it obtains a valid certificate of airworthiness issued or recognized by the Ministry of Transport.
2. An airworthiness certificate shall only be issued to an aircraft when the aircraft meets all the following conditions:
a) Being compatible with its type certificate;
b) Having adequate facilities and equipment, thereby fulfilling safety requirements;
c) Being operated and maintained according to regulations;
d) Being in a state consistent with the expected operation purpose.
3. Each applicant for an airworthiness certificate shall pay a charge.
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Article 18. Type certificates
1. Type certificates shall be issued or recognized if aircraft designs, engines or propellers meet all airworthiness conditions prescribed or recognized by the Government of Vietnam.
2. Each applicant for a type certificate shall pay a charge.
3. Aircrafts and their engines and propellers which are manufactured in Vietnam or imported into Vietnam shall be compatible with type certificates issued or recognized by the Ministry of Transport.
Article 19. Conditions for import and export of aircrafts, and their engines, propellers and spare parts
1. Aircrafts and their engines and propellers shall be issued with certificates of airworthiness for export by the Ministry of Transport when being exported. Each applicant for a certificate of airworthiness for export shall pay a charge.
2. Import and export of aircrafts and their engines, propellers and spare parts shall meet requirements for aviation safety and security, national security and respond to business demands.
The age of used aircrafts that are eligible for import into Vietnam shall be stipulated by the Government.
3. Aircrafts and their engines, propellers and spare parts which are imported for use as learning aids and other non-aviation purposes must not be used for civil aviation operation.
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1. Design, manufacture, repair, maintenance or test of aircrafts and their engines, propellers and equipment in Vietnam shall comply with standards promulgated or recognized by competent state agencies.
2. Establishments engaged in design, manufacture, repair, maintenance or test of aircrafts and their engines, propellers and equipment in Vietnam shall possess licenses issued by the Ministry of Transport. Each applicant for a license shall pay a charge.
3. Aircrafts having Vietnamese nationality and their engines, propellers and equipment shall be maintained only at maintenance establishments and under maintenance programs approved by the Ministry of Transport.
4. When practically testing flight characteristics of aircrafts, organizations and individuals that research and manufacture aircrafts and their engines, propellers and equipment shall send reports to and comply with regulations of the Ministry of National Defense.
Article 21. Specific regulations on airworthiness standards [16]
1. The Minister of Transport shall prescribe airworthiness standards and procedures for issuance or recognition of airworthiness certificates and type certificates, criteria and procedures for issuance of licenses to establishments designing, manufacturing, repairing, maintaining or testing aircrafts and their engines, propellers and equipment, except for the case specified in Clause 2 of this Article.
2. The Minister of National Defense shall prescribe airworthiness standards; criteria and procedures for issuance of licenses to establishments designing, manufacturing, repairing, maintaining or testing unmanned aircrafts and ultra light aerial vehicles and their engines, propellers and equipment.
Unmanned aircraft is an aerial craft of which the flight can be controlled or maintained without direct control by an operator onboard.
Ultra light aerial vehicles include aerostats and aerial models of all kinds.
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Aerial models include gliders that simulate shapes and type models of airplanes, have engines and can be controlled by radio or programmed devices; and paragliders and kites, whether or not man-controlled, except for traditional kites.
Section 3. AIRCRAFT OPERATION
Article 22. Aircraft operators
1. Aircraft operators are organizations and individuals engaged in aircraft operation.
2. Aircraft-operating organizations may operate aircrafts for commercial purposes when they are issued with aircraft operator certificates or have their aircraft operator certificates recognized by the Ministry of Transport.
Aircraft-operating individuals may not operate aircrafts for commercial purposes.
Article 23. Aircraft operator certificates
1. An aircraft operator certificate shall be issued to an organization to certify its satisfaction of safe operation conditions for the prescribed type of aircraft and form of operation.
2. An organization shall be issued with an aircraft operator certificate if it meets the following conditions:
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b) Having employees who undergo training courses and obtain appropriate permits and certificates;
c) Having a professional training program and an aircraft maintenance program consistent with characteristics and scale of operation.
d) Having aircraft, facilities and equipment that fulfill requirements for safe operation;
dd) Having sufficient operation manuals.
3. Organizations applying for aircraft operator certificates shall pay charges.
Article 24. Responsibilities of an aircraft operator
1. Maintain a management system capable of supervising and monitoring the safe operation of aircraft.
2. Follow instructions in operation manuals.
3. Ensure ground facilities and services for the safe operation of aircraft.
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5. Observe requirements for aircraft maintenance and repair.
6. Strictly follow regulations of the aircraft operator certificate, including the case of use of services and personnel under a contract for assistance in aircraft operation or maintenance.
7. Strictly observe other regulations on aircraft operation.
Article 25. Documents to be carried on board the aircraft
1. The following documents are required when operating an aircraft having Vietnamese nationality
a) Its nationality registration certificate;
b) Its certificate of airworthiness;
c) Aircraft operator certificate;
d) Appropriate permits and certificates of its crewmembers;
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e) Permit for the use of radio equipment on board the aircraft, if installed;
g) Flight manuals for the crew;
h) List of passengers, in case of carrying passengers;
i) A manifest of cargoes in case of carrying cargoes;
k) Certificate of civil liability insurance;
l) Aircraft operation manuals.
2. Documents specified in Clause 1 of this Article shall be originals, except for the aircraft operator certificate.
3. Documents carried on board an aircraft having foreign nationality engaged in flights to and from Vietnam shall comply with the law of the state in which the aircraft’s nationality is registered.
Article 26. Requirements for environmental protection applicable to aircrafts and their engines
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Article 27. Specific regulations on aircraft operation [17]
1. The Minister of Transport shall issue regulations on aircraft operation, conditions, procedures for issuance of aircraft operator certificates, permits for use of radio equipment installed on aircrafts; and requirements for environmental protection applicable to aircrafts and their engines.
2. The Minister of National Defense shall prescribe operation of unmanned aircrafts and ultra light aerial vehicles.
Section 4. RIGHTS TO AIRCRAFT
Article 28. Rights to an aircraft
1. [18] Rights to an aircraft include:
a) Right to own the aircraft;
b) Right to possess the aircraft through hire-purchase or lease for six months or more;
c) Right to mortgage or pledge the aircraft;
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2. Rights to the aircraft specified in Clause 1 of this Article include rights to aircraft hulls, engines, propellers, radio equipment and other equipment used onboard aircraft, irrespective of whether they have been installed on board aircraft or temporarily removed therefrom.
Article 29. Registration of rights to aircraft
1. Vietnamese organizations and individuals that have rights to the aircraft specified in Clause 1 of Article 28 of this Law shall register such rights according to the Government's regulations.
2. Each applicant for registration of rights to the aircraft shall pay a charge.
3. Matters related to registered rights to the same aircraft shall be recorded in the Vietnam aircraft register.
The registration of rights to the aircraft specified in Clause 1 of this Article shall become valid from the time it is recorded by the registration office in the Vietnam aircraft register.
4. The transfer of the registration of rights to an aircraft from Vietnam to a foreign country is subject to approval from a holder of such rights, unless the aircraft is sold for the enforcement of a legally effective court judgment or decision or arbitral award.
Article 30. Transfer of ownership of aircraft
1. The transfer of aircraft ownership shall be made in writing and it is effective on the date it is recorded in the Vietnam aircraft register.
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Article 31. State-owned enterprises assigned to manage and operate aircrafts
State-owned enterprises assigned to manage and operate aircrafts owned by the State have rights and obligations that are the same as those of the aircraft owners according to regulations of this Law and the law on enterprises.
Article 32. Aircraft mortgage
1. The mortgagor of an aircraft shall keep the original nationality registration certificate of the mortgaged aircraft.
2. The mortgage of an aircraft under common ownership is subject to written approval of its co-owners, unless otherwise agreed upon.
3. When an aircraft is mortgaged to several creditors, the order of mortgage shall be determined according to the time of registration of mortgage.
4. After prioritized debts have been paid, creditors whose mortgage has been registered shall be paid their debts in the order of registration.
5. A mortgaged aircraft is not entitled to transfer of ownership, unless it is so agreed by the mortgagee.
6. Aircraft mortgage registration shall be deleted in the following cases:
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b) The aircraft mortgage contract is cancelled;
c) The aircraft used as mortgaged property has been disposed of;
d) There is a legally effective court judgment or decision or arbitral award on the cancellation of the aircraft mortgage or declaration of the invalidity of aircraft mortgage contract;
dd) At the request of the aircraft mortgagee.
7. When a mortgaged aircraft that is insured is missing or damaged, the mortgagee who has registered the mortgage is entitled to the insurance sum.
Article 33. Payment of remuneration for aircraft rescue and preservation
1. An organization or individual involved in the rescue and preservation of aircraft has the priority right to remuneration for aircraft rescue and preservation and related expenses.
2. Within 90 days after the date of termination of the aircraft rescue and preservation, the organization or individual involved in the aircraft rescue and preservation shall register their priority right to remuneration stated in Clause 1 of this Article according to the Government's regulations. The applicant for registration of the priority right to remuneration for aircraft rescue and preservation shall pay a charge.
3. After the deadline specified in Clause 2 of this Article, the priority right to remuneration for aircraft rescue and preservation shall terminate, except for the following cases:
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b) The organization or individual involved in aircraft rescue and preservation and the organization or individual obliged to pay remuneration have reached an agreement on the sum payable;
c) The organization or individual involved in aircraft rescue and preservation has initiated a lawsuit regarding the payment of remuneration for aircraft rescue and preservation.
Article 34. Priority debts
1. Priority debts shall be paid in the following order:
a) Court fees and expenses for judgment enforcement;
b) Remuneration for aircraft rescue and preservation and related expenses.
2. Debts specified at Point b, Clause 1 of this Article shall be paid in the order that the last debt shall be paid first.
Section 5. AIRCRAFT LEASE AND LEASE-OUT
Article 35. Forms of aircraft lease and lease-out
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2. An aircraft may be leased and leased-out in the following forms:
a) Lease, lease-out with a crew;
b) Lease, lease-out without a crew.
3. Aircraft lease or lease-out contracts shall be made in writing.
Article 36. Lease and lease-out of aircraft with a crew
1. In case of lease or lease-out of an aircraft with a crew, the aircraft shall be operated according to the lessor's aircraft operator certificate.
2. The lessor shall meet safety standards of aircraft maintenance and operation.
Article 37. Lease, lease-out of aircraft without a crew
1. In case of lease or lease-out of an aircraft without a crew, the aircraft shall be operated according to the lessee's aircraft operator certificate.
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3. When a Vietnamese organization or individual leases a foreign aircraft without a crew, if the lessee has special requirements on facilities and equipment on board the aircraft and communications and navigation equipment, such lease shall obtain approval of the Ministry of Transport.
Article 38. Requirements for aircraft lease
When using a leased aircraft, the lessee may not allow the lessor or any other related party to enjoy the lessee's economic benefits or use the lessee's rights to air transportation.
Article 39. Acceptance of lease, lease-out of aircrafts between Vietnamese organizations or individuals and foreign organizations or individuals
1. The lease or lease-out of an aircraft between a Vietnamese organization or individual and a foreign organization or individual shall obtain approval of the Ministry of Transport in writing after consideration of the following contents:
a) Lease form;
b) Legal status of the parties to the aircraft lease contract;
c) Lease term;
d) Quantity, type and age of the leased aircraft;
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e) Certificate related to the aircraft;
g) Agreement on the purchase of civil liability insurance for passengers, baggage and cargo and for third parties on the surface;
h) The organization responsible for operating and maintaining the aircraft according to the aircraft operator certificate.
2. The Vietnamese organization or individual leasing or leasing out an aircraft shall supply a copy of the lease or lease-out contract and other related documents upon request for consideration and approval; the Ministry of Transport shall give its reply within 07 working days after receiving all of these documents.
3. Approval procedures stated in Clause 1 of this Article are not applicable to the lease of an aircraft for no more than seven consecutive days in the following cases:
a) Substitution of another aircraft for operation of a special flight or requisition for other state-duty purposes;
b) Substitution of an aircraft involved in an accident or a technical breakdown;
c) Substitution of an aircraft which cannot be operated for force majeure reasons.
The Vietnamese organization or individual leasing an aircraft under regulations of this Clause shall notify in writing the Ministry of Transport that the lessor has an appropriate aircraft operator certificate.
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Article 40. Transfer of obligations between the state in which aircraft nationality is registered and the state of aircraft operator
1. In case of lease or lease-out of an aircraft between a Vietnamese organization or individual and a foreign organization or individual, the Ministry of Transport shall reach agreement with an competent authority of the state in which the aircraft nationality is registered or the state of the aircraft operator concerned on receipt or transfer of the obligations of the state in which the aircraft nationality is registered in accordance with the Vietnamese law and international treaties to which Vietnam is a signatory.
The state of the aircraft operator is the state in which the aircraft operator is headquartered, if the operator is an organization, or the state in which the aircraft operator permanently resides, if the operator is an individual.
2. The agreement stated in Clause 1 of this Article covers part or the whole of the obligations to comply with:
a) Regulations on assurance about air navigation;
b) Regulations on certificates of airworthiness;
c) Requirements for crew members;
d) Regulations on installation and use of radio equipment on board aircrafts.
Section 6. SUSPENSION OF FLIGHTS, DETENTION AND ARREST OF AIRCRAFT
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1. An aircraft that has not yet taxied shall be suspended from making a flight when one of the following cases occurs:
a) There is an urgent circumstance necessitating the performance of the task of safeguarding national sovereignty and security or it is detected that the aircraft shows signs of violation against regulations on assurance of defense and security;
b) There are violations against regulations on airworthiness standards, operation of aircrafts, aviation safety and security, flight formalities, formulation and implementation of flight schedules, and observance of flight permits;
c) It is detected that aviation safety and security in the flight are under threat;
d) Other cases as decided by the competent state agency.
2. In any circumstance specified at Points a, b and c, Clause 1 of this Article, the director of the airport authority or the aviation inspector shall make a written record thereon and issue a decision to suspend the flight. The decision to suspend a flight immediately takes effect and shall be sent to the aircraft commander, the air traffic service provider and relevant agencies and organizations.
3. When another competent agency issues the decision to suspend flight, such decision immediately takes effect. The decision to suspend flight shall be promptly sent to the authority of the airport from which the aircraft is due to take off.
4. Aircraft commanders and aircraft operators shall comply with decisions to suspend flights and may request agencies or persons who have made such decisions to give reasons for suspension.
5. The aircraft suspended from making flight may continue making flight after the grounds specified in Clause 1 of this Article no longer exist and the competent state agency has permitted the aircraft to make flight.
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1. An aircraft which is flying within the Vietnamese territory may be requested to land at an airport or aerodrome when there are signs of threat to aviation safety and security during the flight or in other cases at the request of the competent authority.
2. If there are signs of threat to aviation safety or aviation security during a flight, the director of the airport authority may decide to request the aircraft to land at an airport or aerodrome; such decision immediately takes effect.
3. When another competent agency issues a decision to request an aircraft to land at an airport or aerodrome, such decision immediately takes effect. The decision to request an aircraft to land shall be promptly sent to the relevant air traffic service provider and airport authority
4. The relevant air traffic service provider shall request an aircraft to land at an airport or aerodrome under the decision of the director of the airport authority or another competent agency. For the safety of a flight, the air traffic service provider may refuse to comply with the decision to request an aircraft in flight to land at an airport or aerodrome and shall report its non-compliance to the agency which has issued such decision.
5. An aircraft which has landed at an airport or aerodrome as requested may continue its flight when the grounds specified in Clause 1 of this Article no longer exist and it is so permitted by the competent state agency.
Article 43. Detention of aircraft
1. An aircraft may be detained in the following cases:
a) Violating national sovereignty and security of Vietnam;
b) Failing to remedy violations specified at Point b, Clause 1, Article 41 of this Law or failing to comply with violation-handling measures;
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d) Violating relevant law regulations on flight crews, passengers, baggage and cargo carried on board the aircraft;
dd) Other cases as decided by the competent state agency.
2. In case of detection of violations specified at Points a, b, c and d, Clause 1 of this Article, the director of the airport authority or the aviation inspector may detain the aircraft. The decision to detain an aircraft immediately takes effect and shall be sent to the aircraft commander, aircraft operator and relevant agencies and organizations
3. When another competent agency issues a decision to detain an aircraft, such decision immediately takes effect. The decision to detain an aircraft shall be promptly sent to the authority of the airport where the aircraft is expected to make flight.
4. The detention of an aircraft terminates when the related violations have been handled in accordance with law or when the competent state agency requesting the detention proposes the termination of the detention.
Article 44. Arrest of aircraft
1. Aircraft arrest means a measure taken by the court in the interest of a creditor, owner or third party who suffers damage on the surface or of other persons with rights and interests related to the aircraft under regulations of Clause 2 of this Article, except for arrest of the aircraft for enforcement of a legally effective court judgment or decision or coercive decision of the competent state agency. Arrest of the aircraft may apply to any aircraft of the same owner.
2. The court of a province or central-affiliated city where an aircraft has landed shall issue a decision to arrest the aircraft upon written request of the owner or a creditor, if the aircraft is an asset to secure a debt to the creditor or of third parties who suffer damage on the surface caused by the aircraft in flight or of persons having rights and interests related to the aircraft in accordance with this Law.
3. Any requestor for arrest of aircraft shall provide financial assurance in the form and with the value fixed by the court which is equivalent to the damage possibly caused to the aircraft when it is arrested.
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5. The arrest of an aircraft terminates in the following cases:
a) Debts have been paid;
b) Substitute security measures have been applied;
c) The arrest requester proposes the termination of the arrest.
6. Procedures for arresting the aircraft shall comply with regulations of the National Assembly Standing Committee.
Article 45. Aircraft inspection
1. Directors of airport authorities and other competent agencies are entitled to decide to inspect aircrafts in the following cases:
a) Signs of violation against national sovereignty, national security, aviation security or safety are detected;
b) Members of the flight crew, passengers or the transportation of baggage, cargo, postal items [19] or other articles in the aircraft violate regulations on entry, exit, customs and quarantine.
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3. Competent state agencies shall notify aircraft inspection decisions to the directors of airport authorities for cooperation in inspection.
Article 46. Responsibilities for paying compensations for damage caused to aircraft operators or transporters
Organizations and individuals that have decided to suspend flights, requested aircrafts to land at airports or aerodromes, detained aircrafts, requested detention, requested arrest or inspection of aircrafts in an illegal manner shall pay compensations for damage caused to aircraft operators or transporters.
Chapter III
AIRPORTS AND AERODROMES
Section 1. GENERAL REGULATIONS
Article 47. Airports and aerodromes
1. Airport is an area with specified boundaries, covering an aerodrome, terminals, facilities, equipment and other necessary structures used for aircraft making flights to, from and engaged in air transportation.
Airports are classified into the following categories:
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b) Domestic airports, which serve domestic transportation.
2. Aerodrome is an area with specified boundaries which is constructed for aircraft to land, take off and taxi. Aerodromes that are only used for either general aviation or transportation of passengers, baggage, cargo and postal items [20] other than public transportation are specialized aerodromes.
Article 48. Areas in the vicinity of airports or aerodromes
1. Airports and aerodromes shall have areas in the vicinity of them to ensure safety for civil aviation operation and inhabitants in such areas.
2. the vicinity of an airport or aerodrome is the area with a diameter of 8 km from the perimeter of the airport or aerodrome.
3. People's Committees at all levels shall preside over and cooperate with airport authorities and other competent agencies in, maintaining public order, ensuring the compliance with aviation safety and security regulations; applying measures to dismantle, destroy, remove or change structures of constructions, facilities, equipment or other obstacles in areas in the vicinity of airports or aerodromes which endanger the safety of air navigation; preventing violations and taking measures to protect the environment in these areas.
Article 49. Opening and closing airports and aerodromes
1. Opening or closure of an airport or aerodrome means permission for or prohibition of operation of an airport or aerodrome under decision of a competent state agency.
2. The Prime Minister shall decide to open airports or aerodromes in line with the planning for development of airports and aerodromes; close airports or aerodromes for security and defense assurance reasons or special socio-economic reasons.
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a) Renovation, expansion or repair of airports and aerodromes, which can affect the safety of air navigation;
b) Withdrawal of airport or aerodrome operation certificates
c) Natural calamities, epidemics, environmental pollution, aircraft accidents and other unexpected circumstances which endanger aviation safety and security.
4. When an unexpected incident occurs, in order to ensure aviation safety and security, the director of the airport authority shall decide to temporarily close the airport or aerodrome for no more than 24 hours and immediately report the Minister of Transport thereon.
5. Airports or aerodromes shall be re-opened after the reasons specified in Clauses 2, 3 and 4 of this Article terminate.
6. [21] The Ministry of National Defense shall decide to open and close specialized aerodromes after reaching agreement with the Ministry of Transport.
The Government shall provide for conditions and procedures for opening and closing specialized aerodromes.
Article 50. Registration of airports and aerodromes
1. Airports and aerodromes shall be registered in the airport and aerodrome register.
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a) Having documents proving the lawful formation of the airport or aerodrome;
b) Complying with the approved planning on development of the system of airports and aerodromes;
c) Having infrastructure conforming to technical standards prescribed or recognized by the competent state agency.
3. The Ministry of Transport shall register and grant registration certificates to airports and aerodromes.
4. [22] Owners or organizations assigned to manage airports and aerodromes shall apply for issuance of registration certificates to airports and aerodromes.
Each applicant for airport or aerodrome registration certificates shall pay a charge.
Article 51. Airport or aerodrome operation certificates
1. After an airport or aerodrome has been registered under Article 50 of this Law, its operator shall be granted an airport or airfield operation certificate when meeting all the following conditions:
a) Meeting requirements for organization, facilities, equipment and other necessary factors for assurance about aviation safety and security;
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2. An airport or aerodrome may be put into operation only after it is granted by the Ministry of Transport an airport or aerodrome operation certificate.
3. Each applicant for airport or aerodrome operation certificates shall pay a charge.
4. An airport or aerodrome operation certificate shall be withdrawn in the following cases:
a) The airport or aerodrome fails to meet the conditions specified in Clause 1 of this Article;
b) The airport or aerodrome has not been operated or has ceased operation for twelve consecutive months;
c) Other cases as decided by the competent state agency.
5. Organizations and individuals managing or operating airports or aerodromes shall comply with regulations in their airport or aerodrome operation certificates.
Article 52. Registration of airports and aerodromes that are being constructed
1. Airports or aerodromes that are being constructed may be temporarily registered in the airport and airfield register from the time of commencement of construction.
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a) Having lawful documents on land use rights and construction of the airport or aerodrome;
b) Being consistent with the approved planning on development of the system of airports and aerodromes;
c) Having a plan for construction of infrastructure in compliance with technical standards prescribed or recognized by the competent state agency.
3. The Ministry of Transport shall register and grant registration certificates to airports or aerodromes that are being constructed.
4. Each applicant for a registration certificate of an airport or aerodrome that is being constructed shall pay a charge.
Article 53. Administration of takeoff and landing schedules at airports and aerodromes
1. Administration of takeoff and landing schedules at airports and aerodromes means management and allocation of takeoff and landing time of scheduled air transportation flights at airports or aerodromes as announced.
2. The Ministry of Transport shall administer takeoff and landing schedules at an airport and aerodrome according to the following principles:
a) Within the limits of operation of the airport or aerodrome;
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c) Convenience and efficiency;
d) Compliance with international practice.
Article 54. Environmental protection at airports and aerodromes
1. Organizations and individuals engaged in activities in airports or aerodromes shall comply with regulations on environmental protection in airports and aerodromes.
2. The operation of aircrafts, airports, aerodromes, air navigation facilities and equipment and other facilities and technical equipment on the ground, and the provision of services at airports and aerodromes shall meet noise and exhaust gas standards and other standards of environmental protection in civil aviation operation.
Article 55. Specific regulations on opening and closure of airports and aerodromes and management of activities in airports and aerodromes and areas in the vicinity of airports and aerodromes
1. The Government shall elaborate conditions and procedures for opening and closure of airports and aerodromes and management of activities in airports and aerodromes, management of areas in the vicinity of airports and aerodromes, and use of aerodromes for joint civil and military purposes.
2. The Minister of Transport shall elaborate the making of the airport and aerodrome register; procedures for issuance of airport and aerodrome registration certificates; procedures for issuance of registration certificates to airports and aerodromes that are being constructed; technical standards of airports, aerodromes and areas in the vicinity of airports and aerodromes; procedures for issuance of airport and aerodrome operation certificates and requirements for environmental protection applicable to organizations and individuals operating in airports and aerodromes.
Section 2. PLANNING, INVESTMENT IN AND CONSTRUCTION OF AIRPORTS AND AERODROMES
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1. The planning for airports and aerodromes shall be consistent with the socio-economic development strategy, defense and security tasks, planning for development of the transport and other sectors and local areas, and the trend of development of international civil aviation.
2. [23] The Ministry of Transport shall preside over and cooperate with relevant agencies in formulating a general planning for development of the airport and aerodrome system, except for special-use aerodromes, and submitting it to the Prime Minister for approval.
The Minister of Transport shall approve a detailed planning for airports and aerodromes nationwide, except for special-use aerodromes.
3. Central and local authorities, when making plannings or projects on investment in and construction of works which may affect the planning on airports and aerodromes, shall obtain written agreement of the Ministry of Transport.
Article 57. [24] (Annulled)
Article 58. Investment in construction of airports and aerodromes
1. Investment in construction of new airports or aerodromes or investment in construction of structures in existing airports or aerodromes shall comply with the general planning for development of the system of airports and aerodromes and the detailed planning for airports and aerodromes already approved by competent state agencies.
2. Vietnamese and foreign organizations and individuals may invest in construction of airports and aerodromes in accordance with the investment and construction law.
3. [25] The Ministry of Transport shall manage and supervise the construction, maintenance and repair of airports and aerodromes and maintenance of sufficient operation conditions for airports and aerodromes.
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Section 3. STATE MANAGEMENT IN AIRPORTS AND AERODROMES
Article 59. Airport authorities
1. [26] An airport authority means an agency attached to the body performing the specialized state management of civil aviation and performing the state management of civil aviation at an airport and aerodrome in accordance with law.
2. The director is the head of the airport authority.
3. The Minister of Transport shall specify organization and operation of airport authorities.
Article 60. Tasks and powers of airport authorities
1. Manage the entire land area of airports and aerodromes allocated for construction and development of airport and aerodrome infrastructure; organize and manage construction of facilities on the ground, water surface and under the ground in airports and aerodromes according to the planning and projects already approved by competent state agencies.
2. Inspect and supervise the observance of regulations on:
a) Implementation of plannings and plans for development of airports and aerodromes;
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c) Public order and environmental protection in airports and aerodromes;
d) Operation of air transportation in airports and aerodromes;
dd) Operation of airports and aerodromes as well as technical facilities and equipment therein;
e) Provision of services for flights in airports and aerodromes;
g) Use of airport and aerodrome’s land area.
3. Cooperate with airport enterprises in implementing emergency and salvage plans and responding to aircraft incidents and accidents occurring in airports, aerodromes or areas in the vicinity of these airports and aerodromes.
4. Decide to temporarily close airports and aerodromes.
5. Stop the construction and renovation of facilities, installation of equipment, planting of trees in airport and aerodrome areas; request competent state agencies to stop the construction and renovation of facilities, installation of equipment and planting of trees in areas in the vicinity of these airports and aerodromes in violation of the planning for airports and aerodromes or regulations on management of obstacles which affects air navigation at airports and aerodromes.
6. Handle violations against law within their competence;
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8. Suspend flights; request aircrafts to land at airports or aerodromes; inspect and detain aircrafts; execute warrants for arrest of aircrafts; stop acts performed by members of flight crews which fail to meet aviation safety and security requirements.
9. Collect, manage and use charges and fees in airports and aerodromes in accordance with the law on charges and fees.
10. Manage assets assigned by the State.
11. Preside over arranging working offices of state management agencies regularly working in airports and aerodromes.
Article 61. State management in airports and aerodromes
1. Airport authorities and other agencies in airports and aerodromes shall perform professional activities and make cooperation in settling matters arising within the scope of their tasks and powers to ensure safety, security and regular activities in airports and aerodromes.
2. Airport authorities shall preside over and make cooperation in activities of state management agencies in airports and aerodromes; convene and preside over monthly or irregular joint meetings between state management agencies and organizations operating in airports and aerodromes.
3. When relevant state management agencies in an airport or aerodrome fail to reach agreement on methods for settling a certain matter, the director of the airport authority shall make the final decision and take responsibility for such decision.
4. When an airport or aerodrome is declared to be a zone affected by a dangerous epidemic, the airport authority shall cooperate with agencies and organizations operating within the airport or aerodrome in applying appropriate measures to prevent the spread of the epidemic and stamp out the epidemic under professional instructions of competent state agencies.
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Section 4. OPERATION OF AIRPORTS AND AERODROMES
Article 62. Organizations and individuals conducting business in airports and aerodromes
1. Organizations and individuals conducting business in airports and aerodromes include:
a) Airport enterprises;
b) Aviation service enterprises;
c) Other service providers.
2. The establishment and operation of business entities, activities of business individuals in airports and aerodromes shall comply with regulations of this Law and the enterprise and commercial laws.
The Minister of Transport shall elaborate procedures for issuance of airport business licenses and aviation service provision licenses.
3. Organizations and individuals conducting business in airports and aerodromes shall:
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b) Comply with regulations on and enable airport authorities to supervise their business and provision of services.
Article 63. Airport enterprises
1. Airport enterprises are enterprises conducting the conditional business of operation of airports and aerodromes.
2. An enterprise shall be issued with an airport business license by the Ministry of Transport when meeting the following conditions:
a) Obtaining the business registration certificate;
b) Having an organizational apparatus and employees who have been issued with appropriate licenses and certificates, and meet professional requirements for operation of airports and aerodromes.
c) Meeting capital conditions stipulated by the Government;
d) Having a plan for facilities and equipment and meeting other necessary conditions for assurance about aviation safety and security.
3. Enterprises applying for airport business licenses shall pay charges.
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1. Manage and organize the operation of infrastructure, facilities and equipment of airports and aerodromes.
2. Make plans for investment in development, renovation and expansion of airports and aerodromes in conformity with the plannings already approved by competent state agencies, development demands and the operation of airports and aerodromes.
3. Organize provision of aviation safety and security assurance services, aviation services and other public services in airports and aerodromes.
4. Make periodical reports or reports at the request of state management agencies on data on annual and long-term production and business plans and results and statistics on the operation of airports and aerodromes.
5. Arrange working offices for state management agencies regularly working in airports and aerodromes at the request of airport authorities.
6. Exercise other rights and obligations as provided for by the enterprise law.
Article 65. Aviation service providers in airports and aerodromes
1. Aviation service providers in airports and aerodromes are enterprises that conduct the conditional business and provide services directly related to aviation activities in airports and aerodromes. These enterprises shall be issued with aviation service provision licenses by the Ministry of Transport in accordance with the planning for development of airports and aerodromes.
2. An aviation service provider shall be issued with an aviation service provision license when meeting the following conditions:
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b) Having an organizational apparatus ensuring the provision of services directly related to aviation activities in airports and aerodromes, and employees who have been issued with appropriate licenses and certificates, and meet professional requirements for the operation of airports and aerodromes;
c) Having facilities and equipment and meeting other necessary conditions for assurance about aviation safety and security;
d) Meeting capital conditions stipulated by the Government.
3. Enterprises applying for aviation service provision licenses shall pay charges.
4. The list of aviation services shall be issued by the Government.
Article 66. Responsibilities of aviation service providers
1. Provide aviation services in airports and aerodromes under contracts signed with airport enterprises and comply with regulations on operation of airports and aerodromes.
2. Provide quality services for customers in airports and aerodromes in a civilized, polite and thoughtful manner.
Article 67. Right to select aviation service providers in airports and aerodromes
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Chapter IV
AVIATION PERSONNEL
Section 1. GENERAL PROVISIONS
Article 68. Aviation personnel
1. Aviation personnel are persons involved in activities related to assurance of aviation safety and security, operation of aircrafts, air transportation or air navigation and obtaining appropriate professional licenses and certificates issued or recognized by the Ministry of Transport.
2. Aviation personnel are entitled to sign labor contracts with their employers.
3. Aviation personnel are entitled to interests and are obliged to perform obligations stated in their labor contracts and provided for by the labor law.
Article 69. Professional licenses and certificates of aviation personnel
1. When performing tasks, aviation personnel shall carry appropriate licenses and certificates granted or recognized by the Ministry of Transport.
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3. Aviation personnel shall be issued with professional licenses and certificates after undergoing training courses at professional training establishments permitted or recognized by the Ministry of Transport.
4. Applicants for aviation personnel's professional licenses and certificates shall pay charges.
Article 70. Specific regulations on aviation personnel, professional training establishments and medical establishments engaged in health assessment
1. The Minister of Transport shall issue detailed regulations on:
a) Specific labor and labor discipline regimes applicable to aviation personnel; work time and rest time which are subject to written agreement of the Ministry of Labor, War Invalids and Social Affairs;
b) Titles, title-based tasks and criteria and procedures for issuance and recognition of professional licenses and certificates of aviation personnel;
c) Standards and training programs provided by professional training establishments for aviation personnel.
2. The Ministry of Health shall preside over and cooperate with the Ministry of Transport in, prescribing health criteria for aviation personnel and for medical establishments engaged in examining the health of aviation personnel.
Section 2. CREW
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1. A crew consists of persons designated by the aircraft operator to perform duties during a flight.
2. A crew is composed of a flight crew, cabin crew members and other aviation personnel as required by the flight.
Article 72. Flight crew
1. Flight crew members are persons who navigate the aircraft, including the principal pilot, assistant pilot and other aviation personnel suitable to the aircraft type.
2. An aircraft may make a flight only when it has a full flight crew as required by the law of the state in which the aircraft is registered or by the law of the state of the aircraft operator.
Article 73. Cabin crew members
1. Cabin crew members are persons who perform duties to ensure safety for passengers during a flight and provide services on board the aircraft according to the assignment of the aircraft operator or commander but must not perform duties of flight crew members
2. Specific duties of cabin crew members for each type of aircraft shall be assigned by the aircraft operator. The aircraft operator shall arrange a sufficient number of cabin crew members suitable to the type of aircraft.
Article 74. Aircraft commanders
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2. The aircraft commander has the supreme power in the aircraft, and is responsible for assurance about aviation safety and security for the aircraft, persons and property in the aircraft in flight
An aircraft shall be considered to be in flight from the time when all its external doors are closed after embarkation until the time when any of such door is opened for disembarkation; in case of a forced landing, the flight is deemed to continue until a competent state agency takes over the responsibility for the aircraft and for persons and property on board.
Article 75. Rights of the aircraft commander
1. Decide and take responsibility for the takeoff, landing, flight cancellation, and return to the place of takeoff or urgent landing.
2. Refrain from performing flight duties, flight plans or instructions of an air traffic service provider in case of necessity to avert an instant and direct danger to air navigation and immediately report it to the air traffic service provider.
In case of deviating the aircraft from the designated air route for the purpose of averting an instant and direct danger, after the danger is averted, the aircraft commander and the air traffic service provider shall quickly apply every necessary measure to steer the aircraft back to its air route.
3. When the aircraft is in flight, apply measures to prevent persons from taking one of the following acts in the aircraft:
a) Committing a crime;
b) Endangering aviation safety and security;
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d) Failing to follow instructions of the aircraft commander or a crew member on behalf of the aircraft commander to ensure safety for the aircraft and maintain order and discipline in the aircraft;
dd) Destroying equipment and property in the aircraft;
e) Abusing narcotics;
g) Smoking in the aircraft toilets or no-smoking places, thereby possibly endangering the safety of the aircraft;
h) Using portable electronic devices, cellular phones or other electronic devices when the aircraft is taking off or landing or when it is banned for the safety of the flight;
i) Other acts running counter to fine national customs and habits or violating public order.
4. Hand over persons committing acts specified in Clause 3 of this Article to competent state agencies after the aircraft lands at the nearest airport or aerodrome.
5. Decide to discharge fuel, drop baggage, cargo or other articles from the aircraft in accordance with Article 88 of this Law.
6. Issue necessary orders to everyone in the aircraft and continue performing his/her duties and powers till competent state agencies start to take over the aircraft, persons and property on board the aircraft in case of a forced landing.
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a) Paying necessary expenses for fulfillment of the tasks of the flight, thereby ensuring safety for persons and property during flight;
b) Performing necessary tasks for the aircraft to continue the flight;
c) Hiring laborers for a short term to perform jobs necessary for the flight.
Article 76. Obligations of the aircraft commander
1. Obey instructions of the aircraft operator.
2. Adopt all necessary measures to ensure safety for the aircraft, persons and property in the aircraft in danger or in distress and be the last person leaving the aircraft.
3. When detecting persons, means of transport or other property in distress outside his/her aircraft, notify the air traffic service provider and provide assistance according to his/her ability without causing danger to his/her own aircraft, persons and property on board his/her own aircraft.
4. Apply necessary measures to steer the aircraft back to the designated air route when it deviates therefrom.
Article 77. Interests of crew members
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2. The employer shall purchase accident insurance for flight crew members on duty.
3. If a crew member cannot continue performing his/her duties, the aircraft operator shall fully pay for his/her travel to the place designated in the contract or back to the place of his/her reception, unless otherwise agreed upon.
4. When a crew member stops working for aviation safety or security reasons as decided by the aircraft commander, his/her labor contract shall not be terminated. The aircraft operator shall bear all reasonable costs arising therefrom.
5. A labor contract shall terminate at the time as agreed upon therein; if a labor contract expires when the crew member is performing his/her duties, the time of termination of such contract is the time the flight crew member completes his/her duties.
6. If the aircraft operator notifies its unilateral termination of the labor contract when the crew member is performing his/her duties, the time of notification shall be determined to be the time when the flight crew member completes his/her duties.
Article 78. Obligations of crew members
1. Obey orders of the aircraft commander.
2. Do not leave the aircraft without the order of the aircraft commander.
Chapter V
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Section 1. MANAGEMENT OF AIR NAVIGATION
Article 79. Organization and use of airspace
1. The organization and use of the airspace shall fulfill requirements for defense, security and safety for aircraft, be reasonable and efficient, and facilitate civil aviation activities.
2. [27] The Ministry of National Defense shall preside over and cooperate with the Ministry of Transport in, deciding to establish and operate the airspace of aerodromes and flight zones used to serve general aviation activities; and requesting the Prime Minister to make decision on the establishment and operation of air routes.
Airspace of an aerodrome means an aerial area which is delimited in its width and elevation in conformity with characteristics of such aerodrome and serves takeoff, landing and waiting-for-landing flight of aircraft above the aerodrome.
Flight zone used to serve general aviation activities means an aerial area which is delimited in its width and elevation in conformity with each type of operation and has flight rules and methods and requirements for provision of air navigation assurance services.
Air route means an aerial area which is delimited in its width and elevation, and controlled.
3. [28] The Ministry of Transport shall manage organization of operation of air routes and the airspace of civil aerodromes and flight zones used to serve general aviation activities in the Vietnamese airspace and flight information regions managed by Vietnam. The organization of operation of the airspace of an aerodrome used for dual civil and military purposes or of a flight zone used to serve general aviation activities shall obtain written agreement of the Ministry of National Defense.
4. Regulations in Clause 1 of this Article shall be also applied to official-duty aircrafts.
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1. Except for cases of forced landing, an aircraft may take off from and land at lawfully opened airports and aerodromes.
2. [29] Vietnamese and foreign aircrafts making international flights may only take off from and land at international airports; in case an aircraft takes off from or lands at a domestic airport or aerodrome or an international flight is engaged in domestic transportation by a Vietnamese aircraft, the permission of the Ministry of Transport after reaching agreement with the Ministry of National Defense is required.
International flight referred to in this Law means a flight made over the territories of more than one state.
Article 81. Issuance of flight permits
1. Flight permit means a written document or order which is issued by a competent state agency and determines conditions and permitted limits of operation of an aircraft.
2. [30] Aircrafts operating within the Vietnamese territory shall obtain flight permits from Vietnamese agencies. To be specific:
a) The Ministry of Foreign Affairs shall issue flight permits to foreign special flights carrying guests invited by the Communist Party and the State and escort or preparation flights of such special flights engaged in civil aviation activities in Vietnam.
Special flight means a flight for totally exclusive use or for exclusive use combined with commercial transportation which is certified or notified by a competent state agency under regulations on special flights;
b) The Ministry of National Defense shall issue flight permits to flights of Vietnamese and foreign military aircrafts engaged in civil aviation activities in Vietnam; flights of unmanned aircrafts or ultra light aerial vehicles; or flights outside air routes;
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Article 82. Conditions for issuance of flight permits
1. The issuance of flight permits to flights shall satisfy requirements for defense, security, aviation security and safety; public order and interests; and suit the capability of the air navigation assurance system, airports and aerodromes.
2. The issuance of flight permits to scheduled commercial transportation flights shall satisfy requirements specified in Clause 1 of this Article, and be consistent with the granted air transportation rights.
Article 83. Pre-flight, flight, and post-flight preparations
1. Aircraft commanders, organizations and individuals related to flight preparation shall strictly observe regulations on pre-flight, flight and post-flight preparations.
2. An aircraft may take off from an airport or aerodrome only after obtaining orders from an air traffic service provider.
3. Regulations in Clause 2 of this Article shall be also applied to official-duty aircrafts.
Article 84. Requirements applicable to aircrafts and crews operating within Vietnamese territory
1. When engaged in air navigation in Vietnamese territory, an aircraft shall observe the following regulations:
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b) Maintaining constant contact with the air traffic service provider; observing the administration, control and instruction of such provider;
c) Landing at and taking off from an airport/aerodrome designated in the flight permit, except for cases of forced or urgent landing;
d) Complying with flight modes and the Regulation on civil air traffic.
2. The aircraft commander shall promptly report the following cases to the air traffic service provider:
a) His/her aircraft cannot fly according to the designated journey, air route, flight zone, point of entry or point of exit or land at the airport or aerodrome designated in the flight permit for objective reasons;
b) There are cases where the aircraft must urgently land and other emergency cases.
3. The air traffic service provider and airspace management unit of the Ministry of National Defense shall promptly notify the following cases for cooperation in applying priority measures of assistance and instruction:
a) Cases specified in Clause 2 of this Article;
b) Where the aircraft loses contact or the crew loses the ability to control the aircraft.
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1. Prohibited zone means a delimited area in the air where aircrafts are prohibited from flying, except for Vietnamese official-duty aircrafts on duty.
Restricted zone means a delimited area in the air where only aircrafts that meet certain specific conditions can fly.
2. The Prime Minister shall decide the establishment of prohibited and restricted zones in the Vietnamese territory for defense, security and social safety purposes.
In special cases for defense and security reasons, the Ministry of National Defense shall decide temporary flight restriction or temporary flight prohibition in one or several areas in the Vietnamese territory; these decisions shall take immediate effect.
3. The Ministry of National Defense shall stipulate the management of prohibited and restricted zones.
Article 86. Dangerous zones
1. Dangerous zone means a delimited area in the air where air navigation may be endangered during a certain period.
2. Dangerous zones and the flight regime in these zones shall be determined by the Ministry of National Defense and notified to the Ministry of Transport.
Article 87. Flight over densely populated areas
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2. An aircraft must not make exercise or training flights over densely populated areas, unless permitted by competent state agencies.
Article 88. Discharge of fuel, drop of baggage, cargo or other articles from aircraft
It is prohibited to discharge fuel or drop baggage, cargo or other articles from the in-flight aircraft. It is possible to discharge fuel or drop baggage, cargo or other articles from the aircraft in areas designated by the Ministry of Transport after reaching agreement with the Ministry of Natural Resources and Environment for reasons for safety for the flight or performance of rescue tasks in emergency circumstances or other flight tasks for public interests.
Article 89. Announcement about aviation information
The Ministry of Transport shall publicly announce air routes, prohibited zones, restricted zones, dangerous zones, areas where air traffic services are provided, and areas for discharge of fuel or drop of baggage, cargo or other articles from aircraft.
Article 90. Coercion of violating aircrafts
Any aircraft that violates regulations on prohibited or restricted zones or the Regulation on civil air traffic, regulations on management of civil flights, management and use of the airspace and fails to obey orders of air traffic service providers may be subject to the measure for intercepting the aircraft or forcing the aircraft to land at an airport or aerodrome or other coercive measures applicable to the aircraft. This regulation shall be also applied to official-duty aircrafts.
Article 91. Cooperation in management of civil and military air navigation
1. Principles of cooperation in management of civil and military air navigation:
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b) Compliance with regulations of this Law in cases where aircrafts fly along air routes, in the airspace of civil aerodromes or in flight zones in service of general aviation in the airspace of Vietnam and the flight information region under the management of Vietnam;
c) Performance of professional operations and settlement of matters arising within the scope of their tasks and powers.
2. Contents of cooperation in management of air navigation:
a) Organizing the airspace, establishing air routes and developing flight modes;
b) Using the airspace, managing civil flights outside air routes and the airspace of aerodromes
c) Issuing flight permits, making flight plans and providing information on air navigation;
d) Using air navigation assurance services;
dd) Conducting search and rescue;
e) Managing special-purpose flights, including flights for photographing, geological survey, film shooting from the air, drilling, training and experimental flights using radio communication equipment other than equipment on board aircraft, and flights into restricted zones.
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1. Management of obstacles includes making of statistics on, marking, announcement, management, issuance of permits for use of the air and disposal of natural and artificial obstacles that may affect the safety of air navigation.
2.[31] The Ministry of National Defense shall preside over and cooperate with the Ministry of Transport in, prescribing and managing air obstacle limitation surfaces and heights of works related to air obstacle limitation surfaces.
The Ministry of Transport shall preside over and cooperate with the Ministry of National Defense in, publicly announcing air obstacle limitation surfaces and heights of works related to air obstacle limitation surfaces in aerodromes where civil aviation activities are conducted; limited areas for assurance about normal operation of aeronautical radio stations; limits of obstacles in areas in the vicinity of airports and aerodromes; making statistics on, marking and announcing a list of natural and artificial obstacles that are likely to affect the safety of air navigation.
3. Organizations and individuals building, managing or using high-rises, technical facilities and equipment, power transmission lines, technical radio equipment and other facilities which may affect the safety of air navigation shall affix identification signs and equipment thereto in accordance with this Law and bear all costs arising therefrom.
4. It is prohibited to build shooting ranges affecting aviation safety and arrange the shooting direction of shooting ranges crossing air routes.
5. [32] When issuing licenses for construction of works in areas specified in Clause 2 of this Article, the competent licensing agency shall comply with regulations on heights of works related to air obstacle limitation surfaces.
Article 93. Management of frequencies
1. The management of frequency bands used for aeronautical radio stations and of aeronautical communication, navigation and surveillance systems shall comply with the law on telecommunications.
2. Organizations and individuals using communication stations or other equipment must neither obstruct nor affect normal operations of aeronautical radio stations; stop the use of, and promptly relocate their communication stations or equipment which obstruct and affect normal operations of aeronautical radio stations.
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1. [33] The Government shall elaborate organization and use of the airspace; management of air navigation at airports and aerodromes; issuance of flight permits; cooperation in management of civil and military air navigation; management of special-purpose flights; and management of air obstacles.
2. The Ministry of National Defense shall preside over and cooperate with the Ministry of Transport in stipulating measures for intercepting aircrafts and forcing them to land at airports or aerodromes, and other coercive measures applicable to aircrafts.
3. The Ministry of Information and Communications [34] shall preside over and cooperate with the Ministry of Transport in, stipulating management and use of radio frequencies of aeronautical operations.
Section 2. AIR NAVIGATION ASSURANCE [35]
Article 95. Air navigation assurance [36]
1. Air navigation assurance covers:
a) Organization and management of air navigation assurance;
b) Provision of air navigation assurance services.
2. Organization and management of air navigation assurance mean establishment and operation of an air navigation assurance system, including planning for flight information regions; planning and management of investment in construction, maintenance, repair and maintenance of sufficient conditions for operation of infrastructure and organization of operation of the air navigation assurance system; standardization, assessment and superivison of assurance about the quality of air navigation assurance services provided; cooperation in flight administration and notification of aeronautical information.
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3. Air navigation assurance services are necessary services for assurance about safety, regularity, continuity and efficiency in air navigation, including air traffic service; aeronautical communication, navigation and surveillance service; meteorological service; aeronautical information notification service; and search and rescue service. Air navigation assurance services are public ones.
4. Enterprises providing air navigation assurance services shall have service provision facilities and technical and equipment systems issued with operation permits by the Ministry of Transport. Enterprises applying for such operation permits shall pay charges.
5. Organizations and individuals that conduct flight operations in flight information regions managed by Vietnam shall be provided with air navigation assurance services.
Article 96. Air traffic services
1. Air traffic services include flight administration service, flight information service, air traffic consultancy service and alarming service.
2. An aircraft flying in a specified airspace shall be administered by an air traffic service provider.
3. The air traffic service provider shall cooperate with relevant units in managing and administering civil aviation activities.
Article 97. Air traffic service providers
1. Air traffic services are provided by state enterprises.
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2. An air traffic service provider may be established when all the following conditions are met:
a) Complying with the planning and strategy for development of the civil aviation sector;
b) Having a plan for appropriate organizational apparatus;
c) Having a plan for appropriate infrastructure and technical systems, equipment and facilities;
d) Having a plan for employees who obtain appropriate permits and certificates of operation of technical systems, equipment and facilities and operation manuals.
Article 98. Rights and obligations of air traffic service providers
1. Fully and continuously provide air traffic services.
2. Provide other air navigation assurance services as assigned by the Ministry of Transport.
3. Maintain contact and closely cooperate with air traffic service providers of neighboring states in providing flight administration services, thereby ensuring safety, regularity, continuity and efficiency in the operation of aircrafts along air routes and in flight information regions under the management of Vietnam.
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5. Closely cooperate with airspace and flight management units under the Ministry of National Defense in order to ensure safety for civil aviation operation.
6. Participate in and cooperate with relevant agencies and units in response to circumstances of emergency or illegal interference in civil aviation and air defense operations.
7. Exercise other rights and obligations prescribed by law on enterprises.
Article 99. Rights and obligations of enterprises engaged in provision of communication, navigation and surveillance services, meteorological service, aeronautical information notification service, and search and rescue service
1. Provide aeronautical communication, navigation and surveillance service, meteorological service, aeronautical information notification service, and search and rescue service as assigned by the Ministry of Transport or under contracts.
2. Exercise other rights and obligations prescribed by law on enterprises.
Article 100. Specific regulations on assurance about air navigation
The Minister of Transport shall elaborate the organization and management of air navigation assurance activities; conditions and procedures for issuance of operation licenses to establishments providing air navigation assurance services, and technical systems and equipment for air navigation assurance.
Section 3. SEARCH AND RESCUE
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1. An aircraft shall be considered to be in danger when it is or persons on board are in a danger which crew members cannot overcome or when it loses communication and its location cannot be identified.
An aircraft shall be considered to be in distress if it has a serious breakdown when taxiing, taking off, flying or landing or it is completely destroyed or if it is forced to land outside an aerodrome.
2. An aircraft in danger or distress shall release signals and notify the air traffic service provider for assistance; when the aircraft is in danger or distress on the sea, it must also release signals to seagoing vessels and maritime rescue and search centers.
3. Upon receipt of signals or notices or reports on the aircraft in danger or in distress, the air traffic service provider shall immediately notify search and rescue service establishments thereof.
4. Regulations of Clause 3 of this Article shall be also applied to official-duty aircrafts.
Article 102. Cooperation in search and rescue activities
1. Air traffic service providers shall cooperate with search and rescue service providers in applying all necessary measures in a timely manner to assist aircrafts in danger or distress, passengers, crew members and property on board.
2. [37] When an aircraft is in danger or distress at an airport, an aerodrome or an area in the vicinity of such airport/aerodrome, the body performing the specialized state management of civil aviation shall cooperate with People’s Committees at all levels in searching for and rescuing the aircraft, persons and property.
3. [38] When an aircraft is in danger or distress outside areas specified in Clause 2 of this Article, the National Steering Committee for Civil Defense [39] shall preside over and cooperate with the Ministry of Transport, relevant ministries and central government authorities, People’s Committees at all levels and other agencies and organizations in searching for and rescuing the aircraft, persons and property.
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5. The cooperation in assistance and participation in search and rescue between Vietnam and neighboring states shall comply with treaties to which Vietnam is a signatory.
6. People's Committees at all levels shall participate in civil aviation search and rescue, and preserve aircrafts and property on board which are in distress in areas outside airports or aerodromes.
7. Air transportation enterprises shall participate in air search and rescue at the request of search and rescue service providers.
Article 103. Responsibilities for search and rescue
1. Air traffic service providers and search and rescue service providers shall immediately conduct search for aircrafts in danger or distress.
2. When all available measures have been taken for search for an aircraft in distress, its passengers and crew but are in vain, the Ministry of Transport shall decide to terminate search for such aircraft.
3. An aircraft shall be considered missing from the date on which there is a decision on termination of search operations.
4. The aircraft operator shall remove the aircraft from the place where it is crashed at the request of a competent state agency and bear all related expenses.
Section 4. INVESTIGATION INTO AIRCRAFT INCIDENTS AND ACCIDENTS
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1. Aircraft incident is an occurrence associated with the operation of an aircraft which affects or is likely to affect the safety for operation of the aircraft but it is not an aircraft accident.
2. Aircraft accident is an occurrence associated with the operation of an aircraft which takes place from the time when any person boards the aircraft with the intention of flight until the time the last peson has disembarked, in which:
a) A person dies or suffers a serious injury as a result of being in the aircraft or directly crashing any part of the aircraft, including parts which have beeen detached from the aircraft, or being directly exposed to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when stowaways hiding outside areas normally available to passengers and crew suffer the injuries.
b) The aircraft or its structure suffers damage, thereby adversely affecting the structural strength or the flight characteristic of the aircraft and requiring major repair or replacement of the affected component, except for engine failure or damage that only affects the engine, its cowlings or accessories; or failure that only affects propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin
c) The aircraft is missing or is completely inaccessible.
Article 105. Purposes of and procedures for investigation into aircraft incidents and accidents
1. An aircraft incident or accident occurring in the Vietnamese territory shall be investigated. An aircraft incident or accident (with regard to aircrafts having Vietnamese nationality or operated by a Vietnamese organization or individual) occurring outside the Vietnamese territory shall be investigated in accordance with treaties to which the Socialist Republic of Vietnam is a signatory.
2. Aircraft incident or accident investigation aims to identify incident or accident causes and measures to be applied to prevent future incidents and accidents.
3. The Government shall stipulate procedures for investigation into aircraft incidents and accidents.
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1. When an aircraft incident occurs in the Vietnamese territory or the flight information region under the management of Vietnam, depending on characteristics of the incident, the Ministry of Transport shall make report in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory.
2. When an aircraft accident occurs in the Vietnamese territory or the flight information region under the management of Vietnam, the Ministry of Transport shall report it to the International Civil Aviation Organization and notify the state in which the aircraft is registered, the state of the aircraft operator, the state of manufacture of the aircraft, the state in which the aircraft is designed and other relevant states in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory.
3. Authority to organize investigations into aircraft incidents or accidents
a) The Ministry of Transport shall organize investigations into aircraft incidents or accidents specified in Clause 1 and Point b, Clause 2, Article 104 of this Law; and cooperate with agencies managing official-duty aircrafts in investigating accidents related to official-duty aircrafts
b) The aircraft accident investigation committee set up by the Prime Minister shall organize investigations into aircraft accidents specified at Points a and c, Clause 2, Article 104 of this Law.
4. When an aircraft accident occurs, the accident investigation agency shall:
a) Organize investigation to clarify the event, conditions, circumstances, cause and extent of the damage caused by the accident;
b) Apply measures to restrict any possible damage;
c) Promptly publicize information and documents related to the accident;
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5. The Prime Minister shall decide to accept representatives of the state in which the aircraft is registered and the state of the aircraft operator to participate in investigation into accidents of foreign aircrafts occurring in the Vietnamese territory in the capacity of observers.
Article 107. Rights of agencies investigating aircraft incidents and accidents
1. When conducting investigations, the agency investigating aircraft incidents and accidents has the following rights:
a) Board the aircraft to clarify details of the incident or accident;
b) Check and examine the aircraft, equipment, devices and property in the aircraft suffering the incident or accident and any relevant aircraft and property
c) Authorize capable agencies and organizations to conduct research and perform tasks related to the aircraft incident or accident investigation;
d) Requisition capable persons to verify matters related to the aircraft incident or accident;
dd) Study matters related to the aircraft incident or accident, training and coaching of aviation personnel, flight assurance and making; psychology and constitution of crew members and relevant aviation personnel;
e) Request, receive and study information and documents from agencies, organizations and individuals involved in the aircraft incident or accident.
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Article 108. Responsibilities for notification and protection of evidence
1. Agencies, organizations and individuals shall promptly report information on aircraft incidents or accidents to local authorities, search and rescue service establishment or agencies or units in the aviation sector in the nearest place and help search and rescue persons, property and protect aircraft in distress.
Local People's Committees receiving information on aircraft incidents or accidents shall promptly notify the Ministry of Transport thereof.
2. Relevant agencies, organizations and individuals shall protect aircrafts suffering incidents or accidents and equipment, devices and property on board to serve investigation and hand over evidences to the aircraft incident or accident agency or the local People's Committee in the nearest place
3. Any person who deliberately conceals information on an aircraft incident or accident, distorts information, damages or destroys checking equipment and other evidences related to an aircraft incident or accident shall, depending on the nature and seriousness of their acts, be subject to administrative penalties or be liable to criminal prosecution
4. Regulations of Clauses 1, 2 and 3 of this Article shall be also applied to official-duty aircrafts.
AIR TRANSPORTATION
Section 1. AIR TRANSPORTATION ENTERPRISES
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1. Air transportation means transportation of passengers, baggage, cargo and postal items by air. Air transportation includes scheduled transportation and non-scheduled transportation.
Scheduled air transportation means transportation by air on scheduled flights according to flight schedules announced and such transportation is publicly opened for public use.
Non-scheduled air transportation means air transportation which does not have all elements of scheduled air transportation.
2. Air transportation business means a conditional business line conducted by an air transportation enterprise (hereinafter referred to as “airline“)
Article 110. Conditions for issuance of air transportation business licenses
1. An enterprise may be issued with an air transportation business license when fully meeting the following conditions:
a) Having a business registration certificate showing that the major business line is air transportation;
b) Having a plan for assurance of the availability of aircraft for operation;
c) Having an organizational apparatus and employees who obtain appropriate permits and certificates and are capable of operating the aircraft and conducting air transportation business;
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dd) Having a business plan and a strategy for development of air transportation products in accordance with market demands and aviation development plannings and orientations;
e) Having a head office and principal place of business in Vietnam.
2. A foreign-invested enterprise may be issued with an air transportation business license when fully meeting the conditions specified in Clause 1 of this Article and the following conditions:
a) The foreign party's capital contribution proportion complies with regulations of the Government;
b) The legal representative of the enterprise is a Vietnamese citizen and foreigners account for no more than one third of the total number of members of its executive apparatus.
3. The Minister of Transport shall issue air transportation business licenses after obtaining permission of the Prime Minister.
4. Enterprises applying for air transportation business licenses shall pay charges.
4a.[41] Enterprises obtaining air transportation business licenses have the following obligations:
a) Publicly announce contents of their licenses;
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c) Maintain the prescribed conditions for issuance of air transportation business licenses and aircraft operator certificates;
d) Maintain the quality of air transportation services under regulations of the Ministry of Transport;
dd) Comply with the civil aviation law and other relevant laws.
5. The Government shall elaborate conditions and procedures for issuance of air transportation business licenses.
Article 111. Transportation rules
1. Transportation rules constitute an integral part of an air transportation contract, stipulating the transporter’s conditions applicable to transportation by air of passengers, baggage, cargo and postal items [42].
2. Transportation rules must not contravene regulations of this Law and international treaties to which the Socialist Republic of Vietnam is a signatory.
3. Airlines shall issue their transportation rules and register them with the Ministry of Transport
Section 2. OPERATION OF AIR TRANSPORTATION
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1. Right to air transportation means the right to commercially operate air transportation under conditions on airlines, air routes, aircrafts in operation, flights and subjects of transportation.
2.[43] Airlines shall conduct air transportation business within the scope of the right to air transportation granted by the Ministry of Transport. They must not buy or sell such right or commit prohibited acts of competition suppression or unfair competition; use brands, including trade names and marks confusingly similar to those of other airlines; and transfer or receive the air transportation business right.
3. Airlines may carry out trade promotion activities and air transportation business after they are granted the right to air transportation by the Ministry of Transport.
Article 113. Procedures for granting the right to air transportation
1. A Vietnamese airline applying for the right to air transportation shall send an application to the Ministry of Transport. Such application includes:
a) An application for the right to air carriage;
b) The aircraft operator’s certificate;
c) A report on proposed air routes and operation plan;
d) Documents certifying the legal person status and operation charter of the airline.
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a) Documents specified in Clause 1 of this Article;
b) A document issued by the state of the foreign airline designating, or certifying the designation of, such airline to have the right to operate air transportation in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory.
3. The Ministry of Transport shall consider deciding whether or not to grant the right to scheduled air transportation within 10 working days after the date of receipt of complete applications.
4. An airline has its right to scheduled air transportation revoked in the following cases:
a) Seriously violating regulations of the law on assurance of aviation safety, aviation security and operation of air transportation;
b) Failing to start air transportation within 12 months after the date the right to air transportation is granted;
c) Ceasing air transportation for 12 consecutive months;
d) As provided for by international treaties to which the Socialist Republic of Vietnam is a signatory.
5. The right to non-scheduled air transportation shall be granted together with the flight permit.
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Article 114. Right to international air transportation
1. International air transportation is transportation by air over the territories of more than one state.
The exchange of the right to air transportation between Vietnam and other states shall ensure fairness and equality in the opportunity for peration and in the interests and obligations between Vietnamese and foreign airlines.
2. The right to scheduled international air transportation to and from Vietnam shall be granted on the basis of market demand, the capability of airlines, the balanced development of flight route networks, on the basis of and in accordance with international treaties to which the Socialist Republic of Vietnam is a signatory. When Vietnam does not yet accede to an international treaty on air transportation, the Minister of Transport may permit airlines to temporarily operate scheduled international air transportation to and from Vietnam.
3. The right to non-scheduled international air transportation to and from Vietnam shall be granted on the basis of market demand without adversely affecting scheduled transportation.
Article 115. Right to domestic air transportation
1. Domestic air transportation is transportation by air within the territory of a state.
2. The right to domestic air transportation shall be granted to Vietnamese airlines on the basis of market demand, the capability of these airlines, the balanced development of air route networks, and national socio-economic development objectives
3.[44] The Ministry of Transport shall designate Vietnamese airlines to operate air routes to areas with particularly difficult socio-economic conditions, mountainous, deep-lying and remote areas where there are essential needs for public air transportation.
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a) Preventing, controlling or overcoming natural disasters or epidemics;
b) Supplying emergency humanitarian relief.
Article 116. Air transportation service prices [45]
1. Airlines shall notify air transportation service prices for international routes to and from Vietnam at the request of the Ministry of Transport, unless otherwise provided by international treaties to which the Socialist Republic of Vietnam is a signatory.
2.[46] Air transportation service prices shall comply with regulations of the law on prices.
Article 117. Combined transportation
1. In case of combined transportation performed partly by air and partly by any other mode of transportation, the regulations of this Law shall only apply to the transportation by air.
2. Parties to an air transportation contract may indicate in air waybills, cargo receipts and passenger tickets conditions related to other modes of transportation.
Article 118. Successive transportation
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2. In case of passenger transportation, any passenger or person entitled to claim compensation may initiate a lawsuit against any successive transporter that has performed the transportation during which the accident or the delay occurred, unless the first transporter has assumed liability for the whole journey.
3. In case of transportation of baggage or cargo, the passenger or consignor is entitled to initiate a lawsuit against the first transporter; and the passenger or consignee is entitled to initiate a lawsuit against the last transporter; each transporter may initiate a lawsuit against the transporter that has performed the transportation during which the loss, lack, damage or delay took place These transporters shall be jointly and severally liable to the passenger or the consignor or consignee.
Article 119. Simplification of procedures in air transportation
1. Aircrafts flying, and crews, passengers, baggage, cargo and postal items [47] transported to and from Vietnam shall be facilitated in entry, exit, customs, quarantine and other inspection procedures.
2. Relevant organizations and individuals shall provide devices, equipment and services in order to quickly carry out procedures for air transportation, exit, entry, customs, quarantine and other inspection procedures for aircrafts, crews, passengers, baggage, cargo and postal items at airports or aerodromes.
3. Passengers, baggage, cargo and postal items [49] in transit in Vietnam without departing from the transit lounge are exempt from entry, exit and customs procedures.
Article 120. International transportation involved in many points in Vietnam
1. International transportation involved in many points in Vietnam means international air transportation involved in at least two points of arrival or two points of departure in the Vietnamese territory.
2. During international transportation involved in many points in Vietnam, at the first point of arrival and the last point of departure, aircraft, crews, passengers, baggage, cargo and postal items [50] are subject to regulations on air transportation, entry, exit, customs and quarantine procedures at international transit points, unless otherwise provided for by law.
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1. Vietnamese airlines shall report their long-term and annual production and business plans and results to the Ministry of Transport on a periodical basis or upon request and supply statistics on air transportation.
2. Foreign airlines operating in Vietnam shall supply relevant statistics on air transportation at the request of the Ministry of Transport.
3. Statistics on air transportation include statistics on passengers, cargo and postal items already transported, on aircraft fleet and flight crew members, and on the financial status.
Article 122. Air transportation service business
1. Vietnamese and foreign airlines may sell or deliver passenger tickets or air waybills directly at ticket sale offices or agents on the basis of agent designation contracts or via e-transactions.
Ticket sale offices are branches of an airline which sell its tickets.
2. Foreign airlines conducting air transportation service business in Vietnam may make payments, convert and remit foreign currencies abroad in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 123. Conditions and procedures for opening representative offices and ticket sale offices of foreign airlines
1. A foreign airline may open representative offices or ticket sale offices in Vietnam when meeting the following conditions:
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b) The state in which the airline is headquartered holds the right to legal control.
2. A foreign airline applying for opening representative offices or ticket sale offices shall send an application to the Ministry of Transport. An application includes:
a) An application form for a permit for the opening of a representative office or ticket sale office;
b) Document certifying the airline's legal person status and its operation charter;
c) Written certification of the conditions specified in Clause 1 of this Article, issued by a competent authority of the state in which the airline is headquartered, except for airlines which have been granted the right to scheduled air transportation to Vietnam;
d) Papers certifying the right to use the house where the representative office or ticket sale office is located;
dd) Forms of tickets expected to be sold or delivered in Vietnam.
3. The Ministry of Transport shall consider deciding whether to issue permits for the opening of representative offices or ticket sale offices to foreign airlines within 07 working days after the date of receipt of complete applications stated in Clause 2 of this Article.
4. Foreign airlines applying for permits for the opening of representative offices or ticket sale offices shall pay charges.
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a) No longer meeting the conditions specified in Clause 1 of this Article;
b) Failing to sell tickets within 12 months from the date of issuance of the permit;
c) Stopping the sale of tickets for 12 consecutive months;
d) Operating for improper purposes or in contravention of the contents of the permit;
dd) Committing acts of cheating customers;
e) Seriously breaching regulations on air transportation business or operation of the computerized booking system;
g) In case of necessity to guarantee Vietnamese airlines' right to open similar representative offices or ticket sale offices in the state of the foreign airlines.
Article 124. Rights and obligations of foreign airlines' representative offices and ticket sale offices
1. Operate for proper purposes, within the scope and the term indicated in their permits.
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3. Recruit employees who are Vietnamese or foreigners to work at the offices in accordance with the Vietnamese law on labor.
4. Open accounts for foreign currency amounts and Vietnamese currency amounts of foreign origin at banks operating in Vietnam and only use such accounts for the offices' activities.
5. Have a seal bearing the name of the office in accordance with the Vietnamese law on enterprises.
6. Representative offices must not conduct activities which generate profits directly in Vietnam, enter into contracts, except for the cases specified in Clauses 2, 3 and 4 of this Article; amend or supplement contracts already entered into by their airlines, except for contracts entered into by themselves or when their chiefs have lawful authorization papers issued by their airline.
7. Pay taxes, charges and fees, fulfill financial obligations and implement the accounting regime in accordance with Vietnamese law.
8. Report on their activities on a periodical basis or upon request to the Ministry of Transport.
Article 125.[52] (annulled)
Article 126. Computerized booking system
1. Computerized booking system is a computerized system supplying information on flight schedules, the situation of seats on flights and air transportation prices [53], through which the booking of seats on flights is made.
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a) Equality and non-discrimination among service users;
b) Users are not required to only use its services or equipment;
c) The display of information on the computer monitor on flight schedules, the situation of seats on flights and air transportation prices shall be complete, fair and non-discriminatory;
d) Service prices shall be set on the basis of reasonable costs and applied to all users without discrimination;
dd) Customers' personal information shall be kept secret, unless upon request of competent state agencies.
Article 127. Supervision and inspection of operation of air transportation
Vietnamese and foreign airlines operating in Vietnam shall be subject to supervision and inspection by the Ministry of Transport of their compliance with regulations on operation of air transportation and assurance of aviation safety and security.
Section 3. CARGO TRANSPORTATION
Article 128. Cargo transportation contracts
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The transporter is an organization providing the service of commercial transportation by air.
2. Air waybills and other written agreements between the parties, transportation charters and price tables are documents of contracts for cargo transportation.
Article 129. Air waybills and cargo receipts
1. Air waybill is a document of cargo transportation by air and constitutes an evidence of the conclusion of the contract, the receipt of the cargo and the acceptance of the conditions stated in the contract.
2. Air waybills shall be used for the transportation of cargo by air. In case a means which stores the information on the transportation of cargo is substituted for the delivery of an air waybill, the transporter shall, if so requested by the consignor, deliver a cargo receipt permitting identification of the cargo to the consignor.
3. The transporter shall pay compensations to the consignor for damage caused due to the fault of the transporter or its servants or agents in the entry of inaccurate or insufficient information or the improper entry of information supplied by the consignor into the information storage means specified in Clause 2 of this Article.
4. The existence and legal validity of a concluded contract of cargo transportation shall not be affected if it lacks one or some of the contents specified in Articles 130, 131, 132 and 133 of this Law.
Article 130. Contents of air waybills and cargo receipts
1. Places of departure and destination.
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3. Weight and kinds of the cargo.
Article 131. Making air waybill
1. The air waybill shall be made by the consignor in three originals. The first original, signed by the consignor, shall be handed to the transporter. The second original, signed by the consignor and by the transporter, shall be handed to the consignee. The third original, signed by the transporter, shall be handed to the consignor after the cargo has been received.
2. The signatures of the transporter and consignor may be printed or stamped.
3. The making of the air waybill by the transporter at the request of the consignor shall be deemed as an action on behalf of the consignor, unless there is proof to the contrary.
Article 132. Document related to the nature of the cargo
If necessary, the consignor shall present a document indicating the nature of the cargo upon request of a customs authority, police or another competent agency. This regulation does not create no liability or obligation for the transporter.
Article 133. Air waybills and cargo receipts for multiple cargo packages
When transporting many cargo packages, the transporter is entitled to request the consignor to make separate air waybills for each cargo package. If a means which stores the information on the transportation of cargo is used to substitute for the delivery of an air waybill as provided for in Clause 2, Article 129 of this Law, the consignor is entitled to request the transporter to issue separate cargo receipts for each cargo package.
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1. The cargo to be carried is of a kind other than those agreed upon.
2. The consignor fails to comply with the conditions and instructions of the transporter on package, packing, signs and codes of the cargo
Article 135. Responsibilities of the consignor for the supply of information
1. Be responsible for the accuracy of information and statements in the air waybill related to the cargo or supplied for storage in the means mentioned in Clause 2, Article 129 of this Law.
2. Supply necessary information and documents at the request of the customs authority, police and another competent agency before the cargo is delivered to the consignee. The transporter shall not be obliged to check the accuracy and completeness of information or documents supplied by the consignor.
3. Pay compensations for damage caused to or incurred by the transportation because of the supply of inaccurate, incomplete or irregular information.
Article 136. Delivery of cargo
1. Unless otherwise agreed upon, the transporter shall notify the consignee after the cargo is delivered to the place of destination.
2. Except for the case specified in Article 139 of this Law, the consignee is entitled to request the transporter to deliver the cargo when it arrives the place of destination after paying the expenses appropriate to the conditions of transportation.
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Article 137. Relations of consignor and consignee or mutual relations with third parties
1. The consignor and the consignee can exercise all their rights by themselves specified in Article 139 of this Law, regardless of whether such rights are exercised for its own interest or the interest of another, provided that they perform the obligations imposed under the contract of cargo transportation.
2. The regulations of Clause 1 of this Article, Articles 136 and 139 of this Law do not affect the relation of the consignor and the consignee as well as mutual relations with third parties who have their rights arising from the consignor or the consignee.
3. The contents specified in Clause 1 of this Article, Article 138 and Article 139 of this Law may be otherwise agreed upon by the parties but must be indicated in the air waybill or the cargo receipt.
Article 138. Evidentiary value of air waybills and cargo receipts
1. The data recorded in the air waybill or the cargo receipt on the weight, dimensions and packing of the cargo and the number of cargo packages serves as prima facie evidence for lodging a complaint or initiating a lawsuit against the transporter.
2. The data recorded in the air waybill or the cargo receipt on the quantity, volume and condition of the cargo is not evidentiary value for lodging complaints or initiating lawsuits against the transporter, unless such data is certified in the air waybill or the cargo receipt that they have been checked in the presence of the consignor or such data relates to the apparent condition of the cargo.
Article 139. Right to disposition of cargoes
1. The consignor is entitled to withdraw the cargo at the airport of departure or destination, retain the cargo at any permitted landing place in the course of the journey, request it to be delivered to another consignee at the place of arrival or another place in the course of the journey, or request it to be returned to the airport of departure.
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2. If it is impossible to carry out the consignor's request, the transporter shall promptly notify the consignor thereof.
3. If the transporter complies with the consignor's request but does not get back the air waybill or cargo receipt already delivered to the latter, the transporter is liable for any damage which may be caused thereby to any person who has the right related to such air waybill or cargo receipt.
4. The consignor's right to disposition of cargo terminates at the time when the consignee requests the transporter to deliver the cargo to the consignee. If the consignee refuses to receive the cargo or the cargo cannot be delivered to the consignee, the consignor shall still have the right to disposition of such cargo.
Article 140. Rejected cargoes and abandoned cargoes
If the consignee rejects cargo or the cargo is abandoned, the transporter is obliged to keep such cargo and notify the consignor thereof. The consignor shall pay expenses incurred from the preservation of such cargo.
Article 141. Issuance of secondary air waybills
1. The secondary air waybill constitutes an evidence of the conclusion of the contract for delivery and receipt of cargo for transportation by air between the enterprise delivering and receiving cargo and the consignor, the condition of the contract, and the acceptance of the cargo for transportation. 2. An enterprise delivering and receiving cargo shall apply for issuance of a secondary air waybill to the Ministry of Transport. An application includes:
a) An application form for issuance of the secondary air waybill;
b) Business registration certificate;
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d) Business registration certificate of the foreign enterprise, in case where it acts as an agent to issue secondary air waybills for a foreign enterprise delivering and receiving cargo.
3. The Ministry of Transport shall make consideration and decide whether or not to issue certificates of application for issuance of secondary air waybills within 07 working days after the date of receipt of the complete applications as provided for in Clause 2 of this Article.
4. Enterprises applying for certificates of application for issuance of secondary air waybills shall pay charges.
Article 142. Liquidation of cargo
1. The cargo shall be liquidated in case the consignee refuses to receive it or the cargo cannot be transported to the consignee while the consignor refuses to receive the cargo back or fails to reply on such receipt of cargo within 60 days after the date the consignor receives a notification thereon from the transporter; perishable cargo may be liquidated before the deadline.
2. Proceeds from the liquidation of the cargo which exclude expenses related to its carriage, preservation and liquidation shall be returned to the persons entitled to such proceeds; after 180 days from the date of liquidation of the cargo, if the persons entitled to such proceeds do not receive them, the remaining proceeds shall be remitted to the state budget.
3. The Ministry of Finance shall preside over and cooperate with the Ministry of Transport in issuing regulations on liquidation of cargo.
Section 4. TRANSPORTATION OF PASSENGERS AND BAGGAGE
Article 143. Passenger and baggage transportation contracts
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2. Passenger tickets, transportation rules, a table of transportation service prices [58] and other written agreements between the two parties shall constitute documents of a contract for passenger and baggage transportation.
Article 144. Passenger tickets, baggage tags
1. Passenger ticket is a document on the transportation of passenger by air and an evidence of the conclusion of the contract and the conditions thereof. Each passenger ticket shall be delivered to an individual or a collective. It contains the following details:
a) Places of departure and destination
b) In case where the places of departure and destination are within the territory of a single state and one or more stopping places as agreed exist within the territory of another state, an indication of at least one such stopping place.
2. An means which stores the information indicated in Clause 1 of this Article may be substituted for the delivery of a passenger ticket; if such a means is used, the transporter shall notify passengers of the supply of papers recorded with the preserved information.
3. The transporter shall deliver a baggage tag to a passenger for every baggage package checked.
4. The existence and legal validity of a contract shall not be affected if the signed contract lacks one or some of the details specified in Clauses 1, 2 and 3 of this Article.
Article 145. Obligations of transporters upon transporting passengers
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2. Promptly notify passengers of information about the flight; take care of passengers, especially the disabled [59] or persons who are in need of care during the transportation.
3. When a passenger's seat has been confirmed in the flight but the transportation is interrupted or delayed due to a fault not caused by the passenger, the transporter shall promptly notify the passenger thereof, apologize to the passenger, arrange accommodation and travel for the passenger and pay all directly related expenses relevant to the waiting time at the airport as stipulated in the transportation rules.
4. When a passenger's seat has been confirmed in the flight but the transportation is interrupted or delayed due to a fault caused by the transporter, apart from performing the obligation prescribed in Clause 3 of this Article, the transporter shall arrange an appropriate journey for the passenger as stipulated in the transportation rules or refund the unused portion of the fare at the request of the passenger without collecting any related charge.
5.[60] If, due to the transporter’s fault, a passenger whose seat has been confirmed in the flight is not transported or his/her flight is cancelled or delayed for a long time without prior notice, the transporter shall perform the obligations specified in Clauses 3 and 4 of this Article, and pay non-refundable advance compensation to the passenger. If the transporter is required to compensate for damage as per civil liability, such amount shall be deducted from the civil liability compensation.
The Minister of Transport shall elaborate the time for prior notice, the period of long delayed flights and non-refundable advance compensations after reaching agreement with the Minister of Finance
6.[61] The Minister of Transport shall provide for the quality of passenger services provided at airports and aerodromes.
Article 146. Refusal to transport passengers who have tickets and seats confirmed in the flight or during journey
1. Due to the health conditions of a passenger, the transporter recognizes that the transportation or continuation in transportation may cause harms to such passenger, other passengers on board the aircraft or to the flight.
2. The refusal is aimed at preventing the spread of epidemics.
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4. The passenger commits an act of disturbing public order, endangering the safety of the flight or affecting others' life, health and property.
5. Passengers cannot control their acts under the influence of alcohol, beer or other stimulants.
6. The refusal is aimed at protecting security.
7. The transportation of passengers is conducted at the request of a competent state agency.
Article 147. Rights of passengers
1. Be informed in writing of the limits of the transporter's liability for damage in case of death or injury of a passenger, damage to or loss of baggage, and delay.
2. In case where a passenger cannot be transported due to the transporter's fault, the passenger is entitled to request the transporter to arrange an appropriate journey or refund the unused portion of the fare.
3. In the cases specified in Article 146 of this Law, a passenger is entitled to receive his/her fare back or an amount of money equivalent to the unused portion of the fare after subtraction of a charge and fine as stipulated in the transportation rules.
4. Refuse to take the flight; during the journey, the passenger is entitled to refuse to continue taking the flight at any airport, aerodrome or a place of forced landing, and he/she is entitled to receive the fare back or an amount of money equivalent to the unused portion of the fare after subtraction of a charge and fine as stipulated in the transportation rules.
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6. Children under 12 years of age travelling by the aircraft are entitled to exemption from or reduction in transportation prices [63] within the limit stipulated in the transportation rules.
Children between 2 and under 12 years of age shall be allocated separate seats; children under 2 years old do not have separate seats and must be accompanied by adults.
Article 148. Obligations of passengers
1. Observe regulations on assurance of aviation safety and security.
2. Follow instructions of the transporter during the journey.
3. Compensate for damage caused due to their fault to the transporter or aircraft operator.
Article 149. Transportation of baggage
1. Baggage includes checked baggage and hand baggage.
Checked baggage is baggage of passengers transported in the aircraft and preserved by the transporter during the journey.
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2. Baggage of each passenger shall be transported together with the passenger on board the same aircraft, except for the following cases:
a) Transporting lost baggage;
b) Baggage is kept for flight safety;
c) Transporting diplomatic and consular bags;
d) A passenger died on board the aircraft and his/her body was taken out of the aircraft;
dd) Transporting baggage as cargo;
e) Force majeure cases.
Article 150. Liquidation of baggage
1. Baggage shall be liquidated if it is not received by anybody within 30 days from the date it is transported to the place of destination; perishable baggage may be liquidated before the deadline.
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Section 5. CONTRACTUAL AND ACTUAL TRANSPORTATION
Article 151. Contractual and actual transporters
1. Contractual transporter is a person entering into a contract for air transportation with a passenger, a consignor or a representative of the passenger or the consignor.
2. Actual transporter is a person who performs the whole or part of the transportation under the authorization of the contractual transporter but is not a successive transporter as provided for in Article 118 of this Law.
Article 152. Responsibilities of contractual and actual transporters
1. The contractual transporter shall take responsibility for the whole of the transportation agreed in the contract. The actual transporter shall take responsibility for the part of the transportation which he/she performs.
2. Acts of the contractual transporter and of his/her servants and agents within the scope of their assigned works shall, in relation to the part of the transportation performed by the actual transporter, be deemed to be those of the actual transporter. The actual transporter is not required to take responsibility exceeding the limit of liability for compensation for damage specified in Section 1, Chapter VII of this Law.
3. Acts of the actual transporter and of his/her servants and agents within the scope of their assigned works shall, in relation to the part of the transportation performed by the actual transporter, be deemed to be those of the contractual transporter.
4. Any agreement under which the contractual transporter assumes obligations not provided for in this Chapter, on waiver of rights provided for in this Chapter or on declaration of the value of the cargo and checked baggage as provided for at Point b, Clause 1, Article 162 of this Law does not affect the responsibility of the actual transporter unless agreed by the actual transporter.
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1. Except for the case specified in Clause 2 of this Article, any complaint or request may be submitted to the contractual or actual transporter.
2. Any request for the right to disposition of cargo specified in Article 139 of this Law is effective only if submitted to the contractual transporter.
Article 154. Limit of liability of servant and agent
When the transportation is performed by the actual transporter, any servant or agent of the actual transporter or of the contractual transporter, if they prove that their acts fall within the scope of their assigned works, is entitled to limits of air transporter liability specified in Section 1, Chapter VII of this Law.
Article 155. Aggregate of damages
When the transportation is performed by the actual transporter, the aggregate of damages payable by the actual transporter, the contractual transporter and their servants and agents within the scope of their assigned works must not exceed the damages payable by the contractual and actual transporters. Each transporter is not required to pay a sum in excess of the limit of liability.
Article 156. Defendants
When the transportation is performed by the actual transporter, a lawsuit over damages may be filed against the actual transporter or the contractual transporter or against both the actual and contractual transporters. If the lawsuit is brought against only one of those transporters, that transporter is entitled to request the court to bring the other transporter to the court in order to participate in proceedings.
Section 6. TRANSPORTATION OF SPECIAL CARGO
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The transportation of postal items [65] by air shall comply with regulations of this Law and the post law.
Article 158. Transportation of dangerous cargo
1. Dangerous cargo means an article or substance which may cause danger to human health and life, flight safety, property or environment.
2. The transportation by air of dangerous cargo shall comply with regulations of this Law and relevant laws.
3.[66] (Annulled)
4.[67] (Annulled)
Article 159. Carriage of weapons, war tools and radioactive materials [68]
1. It is prohibited to transport by air weapons, war tools and radioactive materials into or through the Vietnamese territory, except the cases prescribed in Clauses 2 and 3 of this Article.
This provision also applies to official-duty aircraft.
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3. The Prime Minister shall decide special cases where the air transportation of radioactive materials into or through the Vietnamese territory is permitted.
4. In addition to Clauses 1, 2 and 3 of this Article, the air transportation of weapons, war tools and radioactive materials shall comply with relevant regulations.
Chapter VII
CIVIL LIABILITY
Section 1. RIGHTS AND CIVIL LIABILITY OF TRANSPORTERS
Article 160. Compensation for damage to passengers
The transporter is liable for damage in case a passenger is dead or injured when the accident which causes the death or injury occurs on board the aircraft or during time the transporter helps the passenger embark or disembark the aircraft.
Article 161. Compensation for damage to cargo and baggage
1. The transporter is liable for damage in case of loss or lack of, or damage to, cargo and checked baggage when the event which causes the loss, lack or damage occurs during the period from the time the consignor and passenger deliver the cargo and checked baggage to the transporter to the time the transporter returns the cargo and checked baggage to the entitled recipient; in case of transportation of cargo, this period does not extend to any transportation by sea, land, rail or inland waterway performed outside an airport or aerodrome.
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When the compensation for the cargo or baggage is paid but such cargo or baggage latter arrives at the place of destination, the consignee or passenger is still entitled to receive such cargo and baggage and shall refund the received compensation to the transporter.
3. If the cargo has been received by the transporter, any damage shall be regarded as the result of the event which occurs during the transportation by air regardless of the actual mode of transport, except for the case the transporter proves that such damage is caused during the stage of transportation by sea, land, rail or inland waterway. If the transporter, without the consent of the consignor, substitutes transportation by another mode of transport for the whole or part of the transportation by air, the transportation by another mode shall be deemed to be the transportation by air.
4. The transporter shall refund the consignor and the passenger the transportation service price [69] with respect to the quantity of the damaged cargo and checked baggage.
Article 162. Compensation for damage to cargo and baggage
1. The compensation payable by the transporter for the loss or lack of, or damage to, cargo and baggage is calculated as follows:
a) As agreed upon by the parties but not in excess of the actual damage value;
b) According to the declared value upon receipt of the cargo and checked baggage at the place of destination. When the transporter proves that the declared value is higher than the actual value, the compensation shall be calculated based on the actual damage value;
c) According to the actual damage value, for cargo and checked baggage whose value is not declared;
d) According to the actual damage value, for hand baggage.
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Article 163. Compulsory insurance for transsporters' liability for damage compensation
The transporter shall buy compulsory insurance for the liability for the death and injury of passengers, for the loss or lack of, and damage to, cargo and baggage, for damage caused by delay or for the implementation of other security measures up to the limit of liability applicable to the transporter provided for in Article 166 of this Law.
Article 164. Compensation for damage caused by delay
1. The transporter is liable for damage caused by delay, unless it is proved that he/she and his/her servants and agents have taken all measures to avoid the damage or that it is impossible for him/her or them to take such measures.
2. The compensation payable for damage caused by delay must not exceed the limits of liability provided for in Article 166 of this Law.
Article 165. Extemption from and reduction in liability
1. If the transporter proves that the damage is caused by the fault of the person entitled to claim compensation, he/she shall be wholly or partly exonerated from his/her liability to the claimant corresponding to the extent of the latter's fault.
2. In case of death or injury of a passenger, if the transporter proves that the damage is caused by the fault of such passenger, he/she shall be wholly or partly exonerated from his/her liability corresponding to the extent of the passenger's fault; the transporter is not liable for the death or injury of a passenger if such damage is caused by the passenger's health conditions.
3.[70] The transporter may be partly or wholly exonerated from his/her compensation liability for the damage to the cargo at a corresponding level in the following cases:
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b) A decision of the court or a competent state agency in relation to the cargo;
c) War or an armed conflict;
d) Fault of the consignor or the consignee or the cargo escorter appointed by the consignor or the consignee
4.[71] The transporter may be partly or wholly exonerated from his/her compensation liability for the damage to the checked baggage at a corresponding level caused by natural characteristics or inherent defects of the baggage.
Article 166. Limits of compensation liability applicable to the transporter
1. The transporter is entitled to the limits of liability as follows:
a) Regarding transportation of passengers, the limit of liability for the death or injury of passengers is one hundred thousand units of account per passenger;
b) Regarding transportation of passengers, the limit of liability for damage caused by delay is four thousand one hundred and fifty units of account per passenger;
c) Regarding transportation of baggage, including both checked and hand baggage, the limit of liability for the loss or lack of, or damage to, baggage or delay is one thousand units of account per passenger; in case a passenger has declared the value of the checked baggage received at the place of destination and paid a supplementary charge therefor, the transporter is liable to pay a compensation based on the declared value, unless he/she proves that such value is higher than the actual value;
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2. The unit of account is the currency determined by the International Monetary Fund and established as the Special Drawing Rights. It shall be converted into Vietnamese dong at the official exchange rate publicized at the time of payment by the State Bank of Vietnam.
3. The weight of the lost, lacked, damaged or delayed cargo package shall be taken into consideration in determination of the transporter's liability in case of transportation of cargo. If the loss or lack of, or the damage to, or delay of, the cargo affects the value of other cargo packages covered by the same air waybill or cargo receipt, the total weight of all cargo packages shall be taken into consideration in determination of the limit of liability of the transporter.
4. The transporter is only entitled to the limit of liability specified at Point a, Clause 1 of this Article if he/she proves that the damage is caused by the fault of a third party or the damage is not caused by his/her fault.
5. The transporter is not entitled to the limits of liability specified at Points b, c and d, Clause 1 of this Article if the transporter, his/her servants and agents commit acts of causing damage intentionally or recklessly and know that damage would probably result. If such acts are committed by servants or agents, the transporter shall prove that such servants or agents act within the scope of their assigned works.
6. If necessary, the Government shall decide to increase the limits of liability provided for in Clause 1 of this Article
Article 167. Agreement on limits of liability
1. All agreements between the transporter and the passenger, consignor and consignee with a view to exempting or reducing the limits of liability of the transporter provided for in Article 166 of this Law shall not be legally valid.
2. The transporter may reach agreement with the passenger, consignor and consignee on limits of liability which are higher than those provided for in Article 166 of this Law.
Article 168. Compensation for damage to transporters
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Article 169. Advance payments
1. In case an aircraft accident results in death or injury of passengers, the transporter shall make advance payments without delay to passengers or persons who are entitled to claim compensation.
Such advance payments shall be decided by the transporter and stated in the transportation rules.
2. Advance payments made under regulations of Clause 1 of this Article do not constitute evidences for determination of the transporter 's faults and may be offset against any amounts subsequently paid as damages by the transporter.
Article 170. Complaints and lawsuits against transporters
1. Passengers, the consignor, the consignee or their lawful representatives are entitled to lodge complaints or initiate lawsuits against the transporter in order to protect their legitimate rights and interests when they are infringed.
2. Before initiating a lawsuit about the loss or lack of, damage to, or delay of the cargo, or checked baggage, the person entitled to initiate such lawsuit provided for in Clause 1 of this Article shall lodge a written complaint and send it to the transporter within the following time limit:
a) Seven days from the date of receipt of baggage in case of loss or deficit of, or damage to, baggage;
b) Fourteen days from the date of receipt of cargo in case of loss of or damage to the cargo; twenty one days from the date of delivery of cargo in case of loss of the cargo;
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3. The transporter shall notify the complainant of the acceptance or rejection of his/her complaint within thirty days after the date of receipt of such complaint. If the complaint is rejected or the complainant receives no reply within the said time limit, he/she may initiate a lawsuit.
4. The initiation of lawsuit over the transporter's liability is subject to the conditions and the limits of liability specified in this Law.
5. If a complaint is not lodged within the time limit specified in Clause 2 of this Article, the initiation of a lawsuit is invalid, unless there is a fraud on the part of the transporter or a plausible reason given by the person entitled to complain.
Article 171. Rights of transporter's servants and agents when they are complained
1. If a complaint is lodged against a servant or agent of the transporter about compensation for damage, such servant or agent is entitled to the limits of liability applicable to the transporter as specified in Section 1, Chapter VII of this Law if such servant or agent proves that he/she acts within the scope of his/her assigned works.
2. Total amount payable by the transporter, his/her servants and agents shall not exceed the limits of liability provided for in this Law.
Article 172. Jurisdiction of Vietnamese courts to settle disputes in international air transportation
1. The Vietnamese court has jurisdiction to settle any dispute arising from a contract for international transportation by air of passengers, baggage and cargo at the option of the plaintiff in the following cases:
a) The transporter has its head office or principal place of business in Vietnam;
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c) Vietnam is the place of destination of the cargo journey.
2. Contract of international transportation stated in Clause 1 of this Article is a contract of transportation under which, as agreed upon by the parties to the contract, the place of departure and the place of destination, whether or not there is a break in the transportation or a transshipment, are situated either within the territories of two states or within the territory of a single state if there is an agreed stopping place in the territory in another state.
3. Regarding a dispute over the damage which results from the death or injury of a passenger, apart from regulations of Clause 1 of this Article, the Vietnamese court shall have jurisdiction to settle the dispute when the passenger has his/her principal and permanent residence in Vietnam at the time the accident occurs, provided that
a) The transporter operates the transportation of passengers either on its own aircraft or on another transporter's aircraft pursuant to a contract signed between these two transporters for their joint operation of transportation of passengers by air;
b) The transporter uses his/her head office or the head office of another transporter with a joint operation contract to conduct his/her business of transportation of passengers by air in Vietnam
4. Procedures for the settlement of disputes shall comply with regulations of this Law and the civil procedure law of Vietnam.
Article 173. Settlement of disputes by arbitration
1. The parties to the contract of transportation for cargo may reach an agreement on settlement of arising disputes by arbitration. Such arbitration agreement shall be made in writing.
2. Regarding disputes arising from contracts of international transportation for cargo and related to the transporter's liability, the settlement thereof by Vietnamese arbitration may only be effected in the cases specified in Clause 1 and Clause 2, Article 172 of this Law
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Article 174. Statute of limitations for initiation of lawsuits about transporters' liability
The statute of limitations for initiation of lawsuits concerning the transporter's liability for damage to passengers, baggage and cargo is two years from the date the aircraft arrives at the place of destination, the date the aircraft ought to have arrived at the place of destination or from the date on which the transportation is forced to stop, whichever is the later.
Section 2. LIABILITY FOR DAMAGE TO THIRD PARTIES ON THE SURFACE
Article 175. Right to claim damages
1. Agencies, organizations and individuals on the surface that suffer from damage caused by the in-flight aircraft or by persons, articles or substances on the aircraft (hereinafter referred to as “third parties on the surface”) are entitled to compensation if they prove that the in-flight aircraft or persons, articles, substances on the aircraft directly cause such damage.
2. In this Section, an aircraft shall be considered to be an in-flight aircraft from the moment when power is applied for the purpose of takeoff until the moment when the landing run ends; regarding an airship or a similar flying device, it shall be considered to be an in-flight airship or device from the moment of detaching from the surface until the moment of again attaching thereto.
Article 176. Compulsory insurance for aircraft operators' liability
The aircraft operator shall buy compulsory insurance for liability for damage compensation toward third parties on the surface or take other security measures up to the limits of their liability provided for in Article 180 of this Law.
Article 177. Damage compensation liability
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2. Any person who illegally uses the aircraft, causing damage to third parties on the surface shall pay compensation therefor. The possessor of the aircraft is severally and jointly responsible with the illegal user of the aircraft for the caused damage, unless he/she proves that he/she has applied every necessary measure to prevent such illegal use.
3. Aircraft operator stated in this Chapter means a person who directly uses the aircraft or whose servants are using the aircraft in the course of their employment at the time of the damage.
Article 178. Exemption from and reduction in liability for compensation
1. When the person who suffers the damage has a fault that causes the damage, the compensation of the person who causes the damage shall be reduced to the extent of fault of the former; if the damage is solely caused by the fault of the person who suffers the damage, the person who causes the damage is not liable therefor.
2. The aircraft operator is not liable if the damage is the direct consequence of war, armed conflict or its aircraft is requisitioned by a competent state agency.
Article 179. Right to initiate lawsuits for recourse of persons liable for damage
A person liable for damage is entitled to initiate a lawsuit for recourse against any organization or individual related to the damage.
Article 180. Limits of liability applicable to aircraft operators
1. The aircraft operator's liability provided for in this Section for each aircraft and incident does not exceed one thousand units of account per kilogram of the aircraft.
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2. The aircraft operator's liability in case of death, injury or other damage to the health of third parties on the surface does not exceed one hundred and fifty thousand units of account per person killed or injured.
3. In case of damage caused by in-flight aircrafts which have collided or interfered with each other, third parties are entitled to claim compensation up to the aggregate of the limits of liability applicable to each of the aircraft involved; the person liable for damage caused by each aircraft shall bear the liability up to the limit specified in Clauses 1 and 2 of this Article
4. If necessary, the Government shall decide to increase the limits of liability applicable to the aircraft operator.
Article 181. Cases where the aircraft operator is not entitled to the limits of liability
1. The damage is caused by the fault of the aircraft operator or his/her servants and agents.
2. The damage is caused during the time the aircraft is illegally used.
Article 182. Settlement of compensation in case total actual damage value exceeds the aircraft operator's limit of liability
1. If it is only required to compensate for death or injury or damage to property, the compensation for each case (death or injury or damage to property) shall be reduced in proportion to the actual damage value.
2. If it is required to compensate for death, injury and damage to property, the total compensation distributable shall be appropriated preferentially to compensate for death or injury. The remainder, if any, of the total compensation distributable shall be distributed proportionately to compensate for damage to property.
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1. Insurers and securers shall be entitled to exemption from or reduction in liability in the cases specified in Article 178 of this Law.
2. Insurers and securers shall be exempted from their liability in the following cases:
a) The damage is caused after the insurance contract or the security ceases to be effective. If the insurance contract or the security ceases to be effective when the aircraft is flying, the insurance or security period shall be extended till the aircraft lands at the next place in the flight but the extension shall not exceed twenty four hours from the time the insurance contract or the security ceases to be effective. The extension of the insurance or security period shall apply only when the person who suffers the damage has interests;
b) The damage is caused outside the territorial limits provided for in the insurance or security contract, except for force majeure events or emergency circumstances.
Article 184. Exemption from seizure of insurance premiums and deposits
Insurance premiums and deposits specified in Article 176 of this Law shall be exempt from seizure in order to meet requirements of creditors of the aircraft operator until the compensation for damage to the third parties on the surface is settled.
Article 185. Jurisdiction of the Court
The Court of the place where the damage is caused shall have jurisdiction to compensate for damage to third parties on the surface, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a signatory.
Article 186. Statute of limitations for initiation of lawsuits for the purpose of request for compensation
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Article 187. Application of regulations on damage compensation
The regulations of this Section shall be applied to in-flight aircrafts that cause damage to Vietnamese ships and works in the sea under the sovereignty, sovereign rights and national jurisdiction of Vietnam or the sea and land which do not fall under the sovereignty, sovereign rights and jurisdiction of any state.
Section 3. LIABILITY FOR DAMAGE CAUSED BY AIRCRAFTS WHICH COLLIDE OR INTERFERE WITH EACH PTHER
Article 188. Liability for damage of operators of in-flight aircrafts which collide or interfere with each other
1. In case of damage caused by in-flight aircrafts which collide or interfere with each other, the liability of the aircraft operators shall be determined as follows:
a) If the damage is caused by the fault of one party, the party having fault shall pay damages;
b) If the damage is caused by faults of many parties, the liability shall be determined according to the extent of fault of each party; if it is impossible to determine the extent of fault, the parties shall pay equivalent damages.
2. The regulation of Clause 1 of this Article does not prejudice the claims for compensation by the transporter. The transporter is entitled to request the aircraft operator to be liable for the damage provided for in Clause 1 of this Article to perform the obligation to reimburse the paid compensation.
Article 189. Several and joint liability
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Chapter VIII
AVIATION SECURITY
Article 190. Aviation security
1. Aviation security is use of measures, human resources, equipment and tools in a combined manner to prevent, stop and respond to acts of illegal interference in civil aviation activities, safely protect aircrafts, passengers, crews and persons on the surface.
2.[72] Acts of illegal interference in civil aviation activities are acts likely to endanger the safety of civil aviation, including:
a) Appropriating aircrafts flying;
b) Appropriating aircrafts on the ground;
c) Using aircrafts as weapons;
d) Holding hostages in aircrafts or at airports or aerodromes;
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e) Illegally bringing dangerous objects on board aircrafts, airports, aerodromes and other restricted areas.
Dangerous objects include weapons, ammunitions, inflammables, explosives, chemical and biological toxins, radioactive substances and other objects and substances capable of causing danger or being used to cause danger to human health and life and safety of flight;
g) Providing false information that affects the safety of aircrafts flying or on the ground, the safety of passengers, crews, ground personnel or persons at airports, aerodromes and civil air navigation facilities and equipment;
h) Intentionally committing illegal acts endangering the safety of operation of aircrafts, airports or aerodromes; or affecting air navigation assurance.”
Article 191. Aviation security assurance [73]
1. Aviation security shall be ensured by the following measures:
a) Safeguarding security and national defense, maintaining social order and safety in accordance with the laws on national security, national defense, people’s public security force, counter-terrorism, and other relevant laws;
c) Checking, screening and supervising aviation security of aircrafts, vehicles, people, baggage, cargoes leaving, entering and operating in restricted areas under regulations; searching aircrafts, vehicles, people, baggage and cargoes when they show signs of endangering aviation security;
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Troublemaking passenger means a passenger who intentionally refuses to abide by regulations on aviation safety and security and public order at an airport or aerodrome, onboard an aircraft or spreads or provides false information endangering aviation safety;
dd) Supervising aviation security, maintaining order and discipline at airports, aerodromes and places where there are air navigation facilities and equipment and onboard aircrafts;
e) Preventing and combating terrorism onboard aircrafts;
g) Applying special preventive measures when permitting the transportation of dangerous persons;
h) Controlling internal security among aviation employees;
i) Responding to acts of illegal interference in civil aviation activities.
2. The Ministry of Public Security and the Ministry of National Defense shall, within the ambit of their powers, preside over and cooperate with the Ministry of Transport, provincial People’s Committees and relevant ministries and central authorities in organizing the application of the measures specified at Points a, e, g and i, Clause 1 of this Article.
3. The Ministry of Transport shall preside over and cooperate with the Ministry of Public Security and Ministry of National Defense, provincial People’s Committees and related ministries and central authorities in organizing the application of the measures specified at Points b, c, d, dd and h, Clause 1 of this Article.
4. The Government shall elaborate this Article.
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1.[74] Restricted zone is a zone in an airport, aerodrome or place where there are air navigation facilities and equipment in which the entry, exit and activities shall comply with regulations of competent state agencies and be subject to inspection, screening and supervision of aviation security.
2. The establishment of restricted zones in airports, aerodromes and places where there are air navigation facilities and equipment shall ensure aviation security and the characteristics of civil aviation activities.
Article 193. Inspection, screening, supervision of and search for pre-flight aviation security[75]
1. An aircraft shall undergo pre-flight aviation security inspection and supervision; in case there is a sign or information threatening flight security and safety, aviation security search shall be conducted.
2. Passengers, crew members, flight attendants, other related persons, baggage, cargoes, postal items and other objects shall undergo aviation security inspection, screening and supervision prior to boarding the aircraft; in case there is a sign or information threatening flight security and safety, aviation security search shall be conducted Supervision of aviation security and maintenance of order and discipline on board the aircraft shall be performed throughout the flight.
3. The Government shall elaborate conditions and procedures for aviation security search.
Article 194. Response to acts of illegal interference in civil aviation activities
1. All measures in response to acts of illegal interference in civil aviation activities shall be prioritized to ensure safety for aircrafts and human life.
2. The aircraft which is illegally interfered shall be given priority in flight administration and other necessary assistance.
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4. The Ministry of Public Security shall command forces participating in the implementation of emergency plans.
5. The Ministry of National Defense shall handle acts of illegal interference specified at Point c, Clause 2, Article 190 of this Law; direct its agencies and units in charge of the airspace and flight operations to prioritize their assistance in administering aircrafts which are illegally interfered while they are flying in the Vietnamese airspace; and cooperate with air traffic service providers in providing guidance for crews on implementation of proper measures to handle such acts of illegal interference and other appropriate handling measures.
6. In special cases which fall beyond the competence of relevant ministries and central authorities, the Prime Minister shall decide to handle matters in assurance about safety for aircrafts, crews, passengers, baggage and cargo in such aircrafts.
7. Airlines shall pay all expenses arising from the response to acts of illegal interference in their aircrafts.
Article 195. Aviation security controllers[76]
1. Aviation security controllers shall be directed by the Ministry of Transport to apply aviation security assurance measures within the scope of responsibility of the Ministry of Transport.
2. Aviation security controllers exercise control at airports, aerodromes, aircrafts, air traffic service providers, establishments manufacturing, maintaining and repairing aircrafts and aircraft equipment, aviation service providers at airports and aerodromes, and establishments processing cargoes and postal items to be loaded onto aircrafts.
3. Aviation security controllers shall be recruited and trained to meet professional requirements; and provided with uniforms, badges and insignias under regulations of the Ministry of Transport.
4. Aviation security controllers shall be equipped with and entitled to use weapons, support tools, equipment and vehicles to perform their tasks as prescribed by law.
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Article 196. Aviation security programs and regulations[77]
1. Aviation security programs and regulations define responsibilities of agencies, organizations and individuals involved in implementation of processes, procedures and measures to ensure aviation security.
2. Aviation security programs and regulations include:
a) Vietnam’s aviation security program;
b) Vietnam’s aviation security training program;
c) Vietnam’s aviation security quality control program;
d) Aviation security programs of airport and aerodrome operators;
dd) Aviation security programs of airlines;
e) Aviation security training programs of establishments training aviation employees;
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3. Aviation security programs and regulations specified in Clause 2 of this Article shall be promulgated in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a signatory.
4. The Minister of Transport shall promulgate aviation security programs specified at Points a, b and c, Clause 2 of this Article.
The Aviation Authority shall approve aviation security programs and regulations specified at Points d, dd, e and g, Clause 2 of this Article; accept or reject aviation security programs of foreign airlines.
Article 197. Responsibilities of organizations and individuals involved in civil aviation activities for assurance about aviation security[78]
1. Operators of airports and aerodromes, airlines, air traffic service providers, establishments manufacturing, maintaining and repairing aircrafts and aircraft equipment, aviation service providers at airports and aerodromes, and establishments processing cargoes and postal items to be loaded onto aircrafts shall formulate civil aviation security programs and regulations and submit them to competent state agencies for approval, and organize implementation of such programs and regulations; and ensure aviation security for activities under their management.
2. Foreign airlines that operate scheduled transportation to and from Vietnam shall submit civil aviation security programs for their operations in Vietnam to the Aviation Authority.
3. Airlines and aircraft operators that operate international flights to Vietnam shall provide information on flights, passengers and crews in advance to competent state agencies according to regulations of the Government.
4. Other organizations and individuals involved in civil aviation activities shall comply with regulations of the law on aviation security.
5. The Ministry of Transport shall inspect and evaluate the application of aviation security assurance measures in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a signatory; inspect, examine, survey, test, evaluate and investigate the observance of the aviation security law by organizations and individuals involved in civil aviation activities.
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GENERAL AVIATION ACTIVITIES
Article 198. Conditions applicable to general aviation activities
1. General aviation activities are activities of using aircrafts to make flights in industrial, agricultural, forestry, fishery, construction sectors and other economic domains, thereby serving search and rescue, emergency aid, salvage, health, scientific research, culture, sport, training, refresher training, eligible flights, measurement, photographing, video-recording, personal needs and other civil flight activities not for the purpose of public transportation of passengers, baggage, cargo and postal items[79].
2. General civil aviation activities shall satisfy the following conditions:
a) Aircrafts and crews shall be issued with necessary permits and certificates as provided for by this Law and appropriate to operation forms performed;
b) Conditions for aviation safety and security, environmental protection and other regulations of relevant laws shall be satisfied.
3. Organizations conducting general aviation activities for commercial purposes shall have aircraft operator's certificates as provided for in Article 23 of this Law.
4. [80] Organizations that conduct general aviation activities for commercial purposes must not commit prohibited acts of competition restriction or unfair competition; may not use brands, including trade names and marks causing confusion with those of other organizations conducting general aviation activities; and may neither transfer nor acquire the right to conduct general aviation activities for commercial purposes.
Article 199. Management of general aviation activities
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2. Enterprises established and registered in accordance with Vietnamese law and performing general aviation activities for commercial purposes shall be issued with general aviation business permits by the Ministry of Transport.
3. The Government shall elaborate conditions and procedures for issuance of general civil aviation registration certificates and civil aviation business permits.
4. Applicants for civil general aviation registration certificates and civil aviation business permits shall pay charges.
Article 200. Contracts for provision of general aviation services
Enterprises providing general aviation services for commercial purposes shall sign contracts in writing with organizations or individuals using such services in accordance with law, except for cases of carrying out rescue and salvage activities in emergency circumstances.
Article 201. Compulsory insurance for liability for damage compensation
Organizations and individuals carrying out general aviation activities shall purchase compulsory insurance for their liability under regulations of this Law.
Chapter X
IMPLEMENTATION PROVISIONS[81]
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1. This Law comes into force from January 01, 2007.
2. This Law replaces the Law on Vietnam Civil Aviation dated December 26, 1991 and the Law on amendments to some Articles of the Law on Vietnam Civil Aviation dated April 20, 1995./.
CERTIFIED BY
CHAIRMAN
Bui Van Cuong
[1] The Land Law No. 45/2013/QH13 is promulgated pursuant to:
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The National Assembly promulgates the Land Law,”.
The Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation is promulgated pursuant to:
The National Assembly promulgates Law on amendments to some Articles of the Law on Vietnam Civil Aviation No. 66/2006/QH11.“.
The Law on Prices No. 16/2023/QH15 is promulgated pursuant to:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Prices.”.
The Law on Civil Defense No. 18/2023/QH15 is promulgated pursuant to:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Civil Defense.”.
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[3] This Clause is added by Clause 1 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[4] This Article is amended by Clause 2 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[5] This Clause is added by Clause 3 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[6] This Clause is amended by Clause 4 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[7] This Clause is amended by Clause 4 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[8] This Article is amended by Clause 5 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[9] This Clause is amended by Point a Clause 1 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.
[10] This Clause is amended by Point a Clause 1 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.
[11] This Clause is amended by Point b Clause 1 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.
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[13] This Clause is annulled by Point c Clause 1 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.
[14] This Clause is amended by Clause 6 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[15] This Article is amended by Clause 7 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[16] This Article is amended by Clause 8 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[17] This Article is amended by Clause 9 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[18] This Clause is amended by Clause 10 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[19] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[20] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[21] This Clause is added by Clause 11 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[23] This Clause is amended by Clause 13 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[24] This Article is annulled by Clause 2 Article 211 of the Land Law No. 45/2013/QH15, which comes into force from July 01, 2014.
[25] This Clause is amended by Clause 14 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[26] This Clause is amended by Clause 15 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[27] This Clause is amended by Clause 16 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[28] This Clause is amended by Clause 16 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[29] This Clause is amended by Clause 17 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[30] This Clause is amended by Clause 18 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[31] This Clause is added by Clause 19 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[33] This Clause is amended by Clause 20 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[34] The phrase “Bộ Bưu chính, viễn thông” (Ministry of Post and Telematics) is replaced by the phrase “Bộ Thông tin và Truyền thông” (Ministry of Information and Communications) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[35] The title of this Section is amended by Clause 21 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[36] This Article is amended by Clause 22 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[37] This Clause is amended by Clause 23 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[38] This Clause is amended by Clause 23 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[39] The phrase “Ủy ban Quốc gia tìm kiếm cứu nạn” (the National Committee for Search and Rescue) is replaced by the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia" (National Steering Committee for Civil Defense) according to Clause 8 Article 54 of the Law on Civil Defense No. 18/2023/QH15, which comes into force from July 01, 2024.
[40] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[42] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[44] This Clause is amended by Clause 26 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[45] This Article is amended by Clause 27 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[46] This Clause is amended by Point d Clause 1 Article 73 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024.
[47] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[48] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[49] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[50] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[51] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[52] This Article is annulled by Clause 40 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
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[54] The phrase “giá cước” (freight rates) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[55] The phrase “cước phí” (freight) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[56] The phrase “giá cước” (freight rates) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[57] The phrase “cước phí” (freight) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[58] The phrase “giá cước” (freight rates) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[59] The phrase “tàn tật” is replaced by the phrase “khuyết tật” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[60] This Clause is amended by Clause 28 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[61] This Clause is added by Clause 28 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[62] The word “cước” (freight) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
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[64] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[65] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[66] This Clause is annulled by Clause 40 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[67] This Clause is annulled by Clause 40 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[68] This Article is amended by Clause 29 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[69] The phrase “cước phí” (freight rates) is replaced by the phrase “giá dịch vụ” (service prices) according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[70] This Clause is amended by Clause 30 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[71] This Clause is added by Clause 30 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[72] This Clause is amended by Clause 31 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
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[74] This Clause is amended by Clause 33 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[75] This Article is amended by Clause 34 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[76] This Article is amended by Clause 35 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[77] This Article is amended by Clause 36 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[78] This Article is amended by Clause 37 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[79] The phrase “bưu phẩm, bưu kiện, thư” is replaced by the phrase “bưu gửi” according to Clause 39 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015.
[80] This Clause is added by Clause 38 Article 1 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015;
[81] Articles 210, 211 and 212 of the Land Law No. 45/2013/QH13, which comes into force from July 01, 2014 stipulate as follows:
“Article 210. Transitional regulations
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2. If an investor leasing land from the State with annual rental payment for construction and commercial operation of infrastructure of industrial parks, industrial clusters or export processing zones has subleased out the land together with infrastructure in the form of lump-sum payment for the entire lease period prior to the effective date of this Law, the investor shall pay the land rental to the State in accordance with the Government's regulations. Persons who sublease the land have the rights and obligations which are the same as those of persons leasing land from the State with lump-sum payment for the entire lease period after the investor has paid the whole land rental to the state budget
3. Households and individuals that are directly engaged in agricultural production and have been allocated land or acquired agricultural land use rights or whose land use rights are recognized prior to the effective date of this Law, if they wish to continue to use the land at the expiry of the land use term, may use the land within the term prescribed in Clause 1, Article 126 of this Law. The land use term shall be counted from October 15, 2013, for cases where the land use term expires on October 15, 2013, in accordance with the 2003 Land Law; and from the expiry date of the land allocation term, for cases where the land use term expires after October 15, 2013.
4. Regarding a household or individual that uses agricultural land prior to the effective date of this Law and has not been granted a certificate, the land use term upon the issuance of the certificate shall be counted from the effective date of this Law.
5. Regarding the land allocated by the State to economic organizations to create capital for infrastructure construction within projects, or the land acquired from winning at LURs auctions before July 01, 2004 and used by the economic organizations for which the land use term has not yet been determined, the land use term will comply with the Government’s regulation.
6. The regulations of this Law do not apply to the projects or facilities for which the compensation, support and resettlement have been conducted prior to the effective date of this Law. Regarding any project or facility whose plan for compensation, support and resettlement has been approved or for which the compensation, support and resettlement are being conducted in accordance with the plan approved before the effective date of this Law, the compensation, support and resettlement shall be conducted in accordance with the approved plan, not in accordance with this Law.
7. Regarding cases of land allocation, land lease, land repurposing or recognition of land use rights which have been implemented before the effective date of this Law, if the land users have not fulfilled their financial obligations, the time for calculation of land use levy or land rental shall comply with the Government’s regulations.
8. Households and individuals using agricultural land area allocated in excess of the land use quotas before the effective date of this Law, shall transfer the land use to land lease in accordance with this Law.
9. The Government shall provide for the handling of specific cases where the land is used in contravention of the land law and the cases guaranteed by land use rights before the effective date of this Law.
Article 211. Entry into force
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The Land Law No. 13/2003/QH11 and Resolution No. 49/2013/QH13 dated June 21, 2013, of the National Assembly on extension of the land use term for annual crops, aquaculture or salt production of households and individuals cease to be effective from the effective date of this Law.
2. Article 57 of the Law No. 66/2006/QH11 on Vietnam Civil Aviation, Article 2 of the Law No. 34/2009/QH12 on amendments to Article 126 of the Law on Housing and Article 121 of the Land Law, Article 4 of Law No. 38/2009/QH12 on amendments to a number of Articles of Laws Concerning Basis Construction Investment, Article 264 of Law No. 64/2010/QH12 on Administrative Procedures, and the regulations on land requisition in Law No. 15/2008/QH12 on Compulsory Purchase and Requisition of Property shall be annulled.
Article 212. Specific regulations
The Government shall elaborate articles and clauses in the Law.”.
Article 3 of the Law No. 61/2014/QH13 on amendments to some Articles of the Law on Vietnam Civil Aviation, which comes into force from July 01, 2015 stipulates as follows:
“Article 3
1. This Law comes into force from July 01, 2015.
2. The Government and competent authorities shall elaborate articles and clauses in the Law.”.
Article 74 and Article 75 of the Law on Prices No. 16/2023/QH15, which comes into force from July 01, 2024 stipulate as follows:
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1. This Law comes into force from July 01, 2024, except for the case specified in Clause 2 of this Article.
2. Clause 2 Article 60 of this Law comes into force as of January 1, 2026. From July 1, 2024 to the end of December 31, 2025, each valuation council shall have at least 1 member having one of the following professional certificates:
a) College diplomas or higher concerning prices and/or valuation;
b) Valuer cards;
c) Certificates of professional training in valuation;
d) Certificates of advanced training in state valuation.
3. The Law on Prices No. 11/2012/QH13, which has been amended by Law No. 61/2014/QH13, Law No. 64/2020/QH14, and Law No. 07/2022/QH15 (hereinafter referred to as “Law on Prices No. 11/2012/QH13”), expires as of the effective date of this Law, except for Article 75 of this Law.
Article 75. Transitional provisions
1. Within 12 months after this Law comes into force, valuation enterprises with certificates of eligibility for valuation services issued under the Law on Prices No. 11/2012/QH13 shall meet the requirements for eligibility for valuation services under this Law. After the mentioned period, if valuation enterprises fail to meet the requirements for eligibility for valuation services according to this Law, the Ministry of Finance of Vietnam shall revoke their certificates of eligibility for valuation services.
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Article 55 of the Law on Civil Defense No. 18/2023/QH15, which comes into force from July 01, 2024 stipulates as follows:
“Article 55. Entry into force
This Law comes into force from July 01, 2024.
File gốc của Integrated document No. 03/VBHN-VPQH dated August 02, 2023 Law on Vietnam Civil Aviation đang được cập nhật.
Integrated document No. 03/VBHN-VPQH dated August 02, 2023 Law on Vietnam Civil Aviation
Tóm tắt
| Cơ quan ban hành | Văn phòng quốc hội |
| Số hiệu | 03/VBHN-VPQH |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Bùi Văn Cường |
| Ngày ban hành | 2023-08-02 |
| Ngày hiệu lực | 2023-08-02 |
| Lĩnh vực | Giao thông - Vận tải |
| Tình trạng | Còn hiệu lực |