Vietnam: Director of Airport Authority shall notify the Court when arresting aircraft

On January 11, 2012, the Government of Vietnam issued the Decree No. 02/2012/NĐ-CP detailing and guiding implementation of ordinance on procedures for arrest of aircraft; procedures for handling renounced aircraft.

bắt giữ tàu bay, Nghị định 02/2012/NĐ-CP

According to Article 5 of the Decree No. 02/2012/NĐ-CP of Vietnam’s Government on notice of having implemented the arrest of aircraft:

Within 05 hours, after the airport enterprise appointed position to land at the airport, the Director of Airport Authority or Representative Head of Airport Authority shall notify in writing that the aircraft has been arrested to Court that issued Decision on arrest of aircraft and the Civil Aviation Authority of Vietnam.

Specifically, procedures for implementation of decision on arrest of aircraft are carried out according to Article 4 of the Decree No. 02/2012/NĐ-CP as follows:

- After receiving a Decision on arrest of aircraft and right after the aircraft have landed or after receiving a decision on annulling a Court’s Decision on release of aircraft as prescribed in article 10 of the Ordinance on procedures for arrest of aircraft, the Director of Airport Authorities or Representative Head of Airport Authorities shall:

+ Immediately issuing a Decision on implementation of arrest of aircraft.

The decision on implementation of arrest of aircraft enclosed with copy of Decision on arrest of aircraft or copy of Decision on annulling Decision on release of aircraft of Court must immediately be send to facility supply air traffic service; commander of aircraft; operator of airport; operator of aircraft through Aviation telecommunication network in order to suspend training for take off or cancel flight license for aircraft which having a decision on arrest.

+ To assume the prime responsibility for, and coordinate with operator of the airport, relevant airlines; operator of aircraft and the state management agencies at the airport to implement permission not to take off with respect to that aircraft.

+ To solve jobs relating to procedures on immigration for passengers, customs procedures for goods accompanied with the flight (if need exit, immigrate passengers, luggage, goods).

- The airport authority shall send immediately the Decision on implementation of arrest of aircraft to the Course issuing the Decision on arrest of aircraft.

- The applicant for flight license, the operator of aircraft, the commander of aircraft shall notify the Director of airport authority or representative head of airport authority about the person performing rights and obligations with respect to the arrested aircraft in the time limit which the aircraft being arrested at airport.

Thus, as the entity responsible for arresting aircraft under the arrest decision of the Court, the Director of Airport Authority or Representative Head of Airport Authority shall notify in writing to Court.

View more details at the Decree No. 02/2012/NĐ-CP of Vietnam’s Government, effective from February 24, 2012.

Phuong Thanh

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