Regulations on suspension of flights, detention and arrest of aircraft in Vietnam

Regulations on suspension of flights, detention and arrest of aircraft in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Suspension of flights in Vietnam

According to Article 41 of the Law on Vietnam Civil Aviation 2006, the regulations on suspension of flights are as follows:

- An aircraft not yet taxing shall be suspended from making a flight when one of the following circumstances occurs:

+ There arises an urgent circumstance necessitating the performance of the task of safeguarding national sovereignty and security or the aircraft is detected to show signs of violation of regulations on assurance of defense and security;

+ Violation of regulations on airworthiness standards, operation of aircraft, aviation safety and security, flight formalities, making and implementation of flight schedules, and observance of flight permits;

+ It is detected that aviation safety and security in the flight are under threat;

+ Other cases as decided by competent state agencies.

- In any circumstance specified at Points a, b and c, Clause 1 of Article 41 of the Law on Vietnam Civil Aviation 2006, the director of the airport authority or the aviation inspector shall make a written record thereon and issue a decision to suspend the flight.

A decision to suspend a flight takes immediate effect and must be sent to the aircraft commander, the air traffic service establishment and concerned agencies and organizations.

- When other competent agencies issue decisions to suspend a flight, such decisions take immediate effect. Decisions to suspend a flight must then be promptly sent to the authority of the airport from which the aircraft is due to take off.

- 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.

- The aircraft suspended from making flight may continue making flight after the grounds specified in Clause 1 of this Article no longer exist and competent state agencies have permitted the aircraft to make flight.

2. Detention of aircraft in Vietnam

Detention of aircraft according to Article 43 of the Law on Vietnam Civil Aviation 2006 is as follows:

- An aircraft may be detained in the following circumstances:

+ Violating national sovereignty and security of Vietnam;

+ Failing to remedy violations specified at Point b, Clause 1, Article 41 of the Law on Vietnam Civil Aviation 2006 or failing to comply with violation-handling measures;

+ Committing banned acts related to air navigation, aircraft operation or air carriage;

+ Violating relevant legal provisions on flight crews, passengers, baggage and cargo carried on board the aircraft;

+ Other cases as decided by competent state agencies.

- Upon detecting 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 in violation. Decisions to detain an aircraft take immediate effect and must be sent to the aircraft commander, aircraft operator and concerned agencies and organizations.

- When other competent agencies issue decisions to detain an aircraft, such decisions take immediate effect and must be promptly sent to the authority of the airport where the aircraft is due to make flight.

- The detention of an aircraft terminates when the related violations have been handled in accordance with law or when the competent state agency having requested the detention proposes the termination of the detention.

3. Arrest of aircraft in Vietnam

Arrest of aircraft under Article 44 of the Law on Vietnam Civil Aviation 2006 as follows:

- Arrest of aircraft constitutes a measure taken by the court in the interest of creditors, owners or third parties who suffer damage on the surface or of other persons with rights and interests related to aircraft under the provisions of Clause 2 of Article 44 of the Law on Vietnam Civil Aviation 2006;

Except for arrest of aircraft for enforcement of legally effective court judgments or decisions or coercive decisions of competent state agencies. Arrest of aircraft may apply to any aircraft of the same owner.

- The court of a province or centrally run city in which 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 the Law on Vietnam Civil Aviation 2006.

- Requestors 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.

- In case of arrest of an aircraft, the carrier or aircraft operator shall still perform its obligations committed in the contract.

- The arrest of an aircraft terminates in the following circumstances:

+ Debts have been paid off;

+ Substitute security measures have been applied;

+ The arrest requester proposes the termination of the arrest.

- Procedures for arrest of aircraft shall be stipulated by the National Assembly Standing Committee.

Quoc Dat

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