When is an Aircraft Not Yet Departed Suspended from Performing a Flight? When Can a Suspended Departed Aircraft Continue its Flight?
When can an aircraft that has not commenced its flight be suspended from carrying out the flight?
According to Clause 1, Article 41 of the Vietnam Civil Aviation Law 2006, the cases in which an aircraft that has not commenced its flight is suspended from carrying out the flight include:
- An urgent situation arises to serve the task of protecting sovereignty and national security, or it is discovered that the aircraft shows signs of violating the regulations on national defense and security assurance;
- Violations of regulations on airworthiness standards, aircraft operation, aviation safety, aviation security, flight procedures, flight planning and execution, flight permits;
- It is discovered that the flight shows signs of being threatened in terms of aviation safety and security;
- Other cases as decided by the competent state authority.
When can an aircraft that has not commenced its flight be suspended from carrying out the flight? When can a commenced flight be suspended from continuing the flight?
When can a commenced flight that has been suspended be permitted to continue?
According to Article 41 of the Vietnam Civil Aviation Law 2006, the regulations are as follows:
Suspension of Flight Execution
1. An aircraft that has not commenced its flight is suspended from carrying out the flight in the following cases:
a) An urgent situation arises to serve the task of protecting sovereignty and national security, or it is discovered that the aircraft shows signs of violating the regulations on national defense and security assurance;
b) Violations of regulations on airworthiness standards, aircraft operation, aviation safety, aviation security, flight procedures, flight planning and execution, flight permits;
c) It is discovered that the flight shows signs of being threatened in terms of aviation safety and security;
d) Other cases as decided by the competent state authority.
2. In the cases specified at points a, b, and c of Clause 1 of this Article, the Director of the Aviation Authority or the Aviation Inspectorate shall make a record and issue a decision to suspend the flight execution. The suspension decision takes effect immediately and must be sent to the aircraft commander, the air traffic service provider, and related agencies and organizations.
3. If other competent authorities issue a flight suspension decision, that decision takes immediate effect. The flight suspension decision must be sent immediately after to the Aviation Authority at the airport where the aircraft is scheduled to depart.
4. The aircraft commander or aircraft operator must comply with the flight suspension decision and has the right to request the authority or person issuing the decision to clarify the reasons for the suspension.
5. An aircraft suspended from flight execution can continue its flight after the grounds specified in Clause 1 of this Article no longer exist and the competent state authority decides to permit the continuation of the flight.
Therefore, when the grounds causing the suspension of the flight are no longer present, the competent state authority will decide to permit the flight to continue.
Who is responsible for compensating the aircraft operator or carrier when a flight is suspended?
According to the provisions of Article 46 of the Vietnam Civil Aviation Law 2006, the regulations are as follows:
Responsibility for compensating the aircraft operator or carrier
An organization or individual that decides to suspend the flight execution, request an aircraft to land at an airport, detain, request temporary detention, request the arrest of the aircraft, or search the aircraft unlawfully must compensate the damages caused to the aircraft operator or carrier.
Thus, the responsibility for compensating the aircraft operator or carrier lies with the organization or individual that decides to suspend the flight execution.
When can an aircraft be detained?
According to Clause 1, Article 43 of the Vietnam Civil Aviation Law 2006, the cases in which an aircraft can be detained include:
- Violations of Vietnam's sovereignty and national security;
- Failure to rectify violations specified at point b, Clause 1, Article 41 of this Law or failure to comply with violation handling measures;
- Engaging in prohibited acts related to flight operations, aircraft operations, and air transportation;
- Violations of legal regulations related to the flight crew, passengers, luggage, cargo transported in the aircraft;
- Other cases as decided by the competent state authority.
When can an aircraft be searched?
According to the provisions of Article 45 of the Vietnam Civil Aviation Law 2006, the cases in which an aircraft can be searched include:
- Signs of violations of sovereignty, national security, aviation security, aviation safety are detected;
- Crew members, passengers, or the transportation of luggage, cargo, postal items, parcels, mail, and other items in the aircraft violate the regulations on exit, entry, customs, and quarantine.
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