Vietnam: What is a crew? Who is include in a crew?

When participating in flights, I often hear about the term "crew". What is a crew? Who is include in a crew? - Thuy Hang (Quang Ngai, Vietnam)

1. What is a crew?

According to Clause 1, Article 71 of the Law on Vietnam Civil Aviation 2006, a crew consists of persons designated by the aircraft operator to perform duties during a flight.

Vietnam: What is a crew? Who is include in a crew?​ (Internet image)

2. What does a crew include?

 A crew is composed of a flight crew, cabin crew members and other aviation personnel as required by the flight, which is specified from Article 72 to Article 74 of the Law on Vietnam Civil Aviation 2006.

2.1 Flight crew

- Flight crew members are those who navigate the aircraft, including the principal pilot, assistant pilot and other aviation personnel suitable to the aircraft class.

- 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.

2.2 Cabin crew members

- Cabin crew members are those whose duty is to ensure safety for passengers during a flight and to provide services on board the aircraft according to the assignment of the aircraft operator or commander but who may not perform duties of flight crew members.

- Specific duties of cabin crew members for each class of aircraft shall be assigned by the aircraft operator. Aircraft operators shall arrange a sufficient number of cabin crew members suitable to the class of aircraft.

2.4 Aircraft commanders

- Aircraft commander is a member of the flight crew appointed by the aircraft operator for a flight; for aviation for non-commercial purposes, the aircraft commander shall be appointed by the aircraft owner.

- The aircraft commander has the supreme power in the aircraft, and is responsible for ensuring 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 moment when all its external doors are closed following embarkation until the moment 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.

* Rights of the aircraft commander in Vietnam

According to Article 75 of the Law on Vietnam Civil Aviation 2006, the rights of the aircraft commander include:

- To decide on and take responsibility for the takeoff, landing, flight cancellation, return to the takeoff place or urgent landing.

- To refrain from performing flight duties, flight plans or instructions of an air traffic service establishment in case of necessity to avert an instant and direct danger to air navigation and immediately report it to the air traffic service establishment.

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 establishment shall quickly apply every necessary measure to steer the aircraft back to its air route.

- When the aircraft is in flight, to apply measures to stop persons from taking one of the following acts in the aircraft:

+ Committing a crime;

+ Endangering aviation safety and security;

+ Attacking or threatening crew members or passengers;

+ 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;

+ Destroying equipment and property in the aircraft;

+ Abusing narcotics;

+ Smoking in the aircraft toilets or no-smoking places, possibly endangering the safety of the aircraft;

+ 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;

+ Other acts running counter to fine national customs and habits or violating public order.

- To 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 airfield.

- To decide to discharge fuel, drop baggage, cargo or other articles from the aircraft in accordance with Article 88 of this Law.

- To 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.

- To perform the following tasks in case of receiving no instructions or unclear instructions from the air operator and immediately notify the aircraft operator thereof:

+ Paying necessary expenses for fulfilling the tasks of the flight, ensuring safety for persons and property during flight;

+ Performing necessary tasks for the aircraft to continue the flight;

+ Hiring laborers for a short term to perform jobs necessary for the flight.

* Obligations of the aircraft commander in Vietnam

According to Article 75 of the Law on Vietnam Civil Aviation 2006, the obligations of the aircraft commander include:

- To obey instructions of the aircraft operator.

- To take every necessary measure to ensure safety for the aircraft, persons and property in the aircraft in danger or in distress and to be the last leaving the aircraft.

- When detecting persons, means of transport or other property in distress outside his/her aircraft, to notify the establishment which is providing air traffic services and to render assistance according to his/her ability without causing danger to his/her own aircraft, persons and property on board his/her own aircraft.

- To take every necessary measure to steer the aircraft back to the designated air route when it deviates therefrom.

3. Rights and obligations of crew members in Vietnam

- Interests of crew members

+ Interests of crew members working on an aircraft operated by a Vietnamese organization or individual are defined in their labor contracts and in accordance with the Vietnamese labor law.

+ The employer shall purchase accident insurance for flight crew members on duty.

+ 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.

+ 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.

+ A labor contract shall terminate at the time agreed upon therein; if a labor contract terminates at a point of time when the crew member concerned is performing his/her duty, the time of termination of such contract is the time the flight crew member completes his/her duties.

+ If the aircraft operator notifies its unilateral termination of the labor contract when the crew member concerned 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.

- Obligations of crew members

+ To obey orders of the aircraft commander.

+ Not to leave the aircraft without the order of the aircraft commander.

(Based on Articles 77 and 78 of the Law on Vietnam Civil Aviation 2006).

Nhu Mai


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