Who is not allowed to be a member of the aircraft accident or incident investigation body in Vietnam?

Recently, the Government of Vietnam issued Decree 75/2007/ND-CP on investigation of civil aircraft incidents and accidents.

Who is not allowed to be a member of the aircraft accident or incident investigation body in Vietnam?

Who is not allowed to be a member of the aircraft accident or incident investigation body in Vietnam? (Internet image) 

Article 8 of Decree 75/2007/ND-CP stipulates the following persons must not be the members of the aircraft accident or incident investigation body:

  • The aircraft owner of aircraft, capital contributor or person involved in running the aircraft operation organization which has the aircraft in distress and under investigation;
  • The person having interests from the business of aircraft operation organizations, the facilities designing, manufacturing, maintaining and testing aircraft in distress and under investigation;

In addition, the head of aircraft accident or incident investigation body has the following duties and powers:

- Organizes the implementation and assigns duties to the members of the investigation body to perform their prescribed duties and powers.

- Presides over the meetings of the aircraft accident or incident investigation body, speaks or appoints the member of the investigation body to be the spokesman during the investigation of incident or accident;

- Enters and examines the scene of aircraft accident or incident, approaches the aircraft, its equipment or debris;

- Seizes or coordinates with the police body to seize and use the debris and equipment of aircraft and the documents and papers necessary for investigation of incident or accident;

- Makes statistics of evidence at the scene of aircraft incident or accident, controls the removal of aircraft, luggage, cargo and objects transported on aircraft, the debris and equipment of aircraft;

- Seizes the black box, carries out the decoding or requires the decoding or requires the country of registration or country of operation to provide the data of the black box.

- Requires the owner and operator of aircraft, the manufacturer, aviation Authority or other organizations and individuals to provide the information and documents pertaining to the aircraft in distress;

- Inspects or requires the inspection of exhibits, evidence and documents pertaining to the aircraft incident or accident, and the health of persons involved in operating the aircraft in distress;

- Provides the result of inspection of victim’s body for the investigation of aircraft incident or accident;

- Questions and studies the testimonies of witnesses on the issues pertaining to the aircraft incident or accident.

More details can be found in Decree 75/2007/ND-CP which comes into force from June 16, 2007.

Ty Na

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