What are procedures for implementation of decision on release of arrested aircraft in Vietnam?

What are procedures for implementation of decision on release of arrested aircraft in Vietnam?

Pursuant to Article 8 of the Decree 02/2012/NĐ-CP stipulating procedures for implementation of decision on release of arrested aircraft in Vietnam as follows:

1. After receiving a Decision on release of arrested aircraft, decision on canceling decision on arrest of aircraft of Court or in case of extension of arrest of aircraft as prescribed, the Director of Airport Authorities or Representative Heads of Airport Authorities shall:

a) Immediately issuing a Decision on cancelling Decision on implementing arrest of aircraft.

The decision on canceling Decision on implementing arrest of aircraft enclosed with copy of Decision on release of aircraft or copy of Decision on cancelling Decision on arrest of aircraft must immediately be send to facility supply air traffic service; operator of airport; operator of aircraft and commander of aircraft through Aviation telecommunication network (ATN).

Form of Decision on canceling Decision on implementing arrest of aircraft and the minute of hand over and receive the decision on canceling Decision on implementing arrest of aircraft is specified in the Annex III and Annex IV of this Decree.

b) To assume the prime responsibility for, and coordinate with operator of airport, airlines; operator of aircraft and the state management agencies at the airport to implement necessary jobs in order to permit aircraft take off and solve jobs relating to immigration procedures for passengers, customs procedures for goods accompanied with flight.

2. The airport authority shall send immediately the Decision on canceling decision on implementing arrest of aircraft to the Course having issued the Decision on release of arrested aircraft, decision on canceling Decision on arrest of aircraft.

3. Aircraft possessing Decision on release may continue to put into operation after person with rights and obligations for aircraft having paid or agreed on payment for arising expenditures relating to the arrest of aircraft at airport.

4. After 30 hours, since issuing Decision on canceling Decision on implementing arrest of aircraft and fail in communication with person with rights and obligations of arrested aircraft, the Airport Authority or Representative Head of Airport Authority shall report to the Civil Aviation Authority of Vietnam. Within 30 days, after receiving report of airport authority or representative head of airport authority, the Civil Aviation Authority of Vietnam shall notify to aviation authority of national where the aircraft registers nationality, and the Consular Department – the Ministry of Foreign Affairs shall notify 03 times continuously via means of mass media in the central and local where aircraft is arrested about request for receive back aircraft.

When shall an aircraft in Vietnam be renounced?

Pursuant to Article 9 of the Decree 02/2012/NĐ-CP stipulating cases of renounced aircraft in Vietnam as follows:

Aircraft is considered as being renounced in the following cases:

1. After the Decision on arrest of aircraft is invalid, and there is no agency, organization or individual that comes forward to implement rights and obligations relating to that aircraft.

2. The owner of aircraft announce in writing about aircraft renunciation without transfer of rights and obligations relating to that aircraft to a legal insurance organization or authorization for other organization or individual. The written announcing the aircraft renunciation of the owner of aircraft must be send to Court that have issued Decision on arrest of aircraft or Aviation Department. If aircraft is property of many owners, the aircraft renunciation must be agreeded by all co-owners, unless otherwise agreed.

3. After 60 days, since the Civil Aviation Authority of Vietnam posts a last notice on means of mass media of the central and local, if person with rights and obligations with respect to aircraft fail to communicate with Civil Aviation Authority of Vietnam to receive back aircraft, unless person with rights and obligations relating to aircraft sue at Court for settlement of disputes and the Court has accepted for a civil case or matter.

4. After 60 days, since the expired day of contract for use of landing ground at airport, if person with rights and obligations with respect to aircraft fail to communicate with operator of airport to settle use of aircraft landing ground, the operator of aircraft shall report to Civil Aviation Authority of Vietnam. The Civil Aviation Authority of Vietnam shall notify to aviation authority of national where the aircraft registered nationality. The Consular Department - the Ministry of Foreign Affairs shall concurrently notify 03 times continuously on means of mass media of the central and local about request of receive back of aircraft. After 60 days, since the Civil Aviation Authority of Vietnam publishes the last notice on means of mass media of the central and local, if person with rights and obligations with respect to aircraft fail to communicate with Civil Aviation Authority of Vietnam to receive back aircraft.

What are procedures for handling the renounced aircrafts in Vietnam?

Pursuant to Article 10 of the Decree 02/2012/NĐ-CP stipulating procedures for handling the renounced aircrafts in Vietnam as follows:

1. If aircraft is renounced as prescribed in clause 1, article 9 of this Decree, the Court having issued Desicion on arrest of aircraft shall auction aircraft.

2. Procedures for auction of aircraft and its payment shall comply with provisions of law.

Pursuant to Article 11 of the Decree 02/2012/NĐ-CP stipulating procedures for handling the renounced aircrafts in Vietnam as follows:

1. If aircraft is renounced as prescribed in clauses 2, 3 and clause 4, Article 9 of this Decree, the Civil Aviation Authority of Vietnam shall be agency performing rights and obligations of person with responsibility for transfer of auctioned property as prescribed by law. Amount of auction shall be deposited in “Account of the help-managed and-kept money” of Civil Aviation Authority of Vietnam at bank which is permitted to operate in Vietnam for settlement as prescribed by law after having deducted expenditures relating to auction.

2. Procedures for auction of aircraft shall comply with provisions of law.

3. After 03 years, since Civil Aviation Authority of Vietnam deposited amount in the “Account of the help-managed and-kept money”, if there is not agency, organization or individual requesting for receive back, that amount shall be expropriated. The Civil Aviation Authority of Vietnam shall update information on aircraft registered Vietnamese nationality be auctioned into the aircraft register book of Vietnam.

4. Payment of aircraft auction shall be paid in the priority order as follows:

a) Court fees and expenditures for enforcing civil judgments, handling collateral by auction of aircraft;

b) Charge for preservation, rescue of aircraft and expenditures relating to such jobs;

c) Debts on tax, charge, fee as prescribed by law;

d) The third person on the ground suffered damage;

dd) Debts on rights and benefits with respect to aircraft having been registered or according to judgments, decisions of Court;

e) Others according to agreement among relevant parties or as prescribed by law.

Best regards!