Request for aircraft to land at airports or airfields in Vietnam

Request for aircraft to land at airports or airfields in Vietnam (Internet image)

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

1. Request for aircraft to land at airports or airfields in Vietnam

Request for aircraft to land at airports or airfields in Vietnam according to Article 42 of the Vietnam Civil Aviation Law 2006 as follows:

- An aircraft which is flying within the Vietnamese territory may be ordered to land at an airport or airfield when there are signs of threat to aviation safety and security during the flight or in other cases in which a competent state agency so orders.

- If detecting signs of threat to aviation safety or aviation security during a flight the director of the airport authority may decide to order the aircraft concerned to land at an airport or airfield; such decision takes immediate effect.

- When other competent agencies issue decisions to order an aircraft to land at an airport or airfield, such decisions take immediate effect. Decisions to order an aircraft to land must be promptly sent to the concerned air traffic service establishment and airport authority.

- The concerned air traffic service establishment shall order an aircraft to land at an airport or airfield under the decision of the director of the airport authority or other competent agency. For the safety of a flight, the air traffic service establishment may refuse to comply with the decision to order an aircraft in flight to land at an airport or airfield and shall report its non-compliance to the agency which has issued such decision.

- An aircraft which has landed at an airport or airfield as ordered may continue its flight when the grounds specified in Clause 1 of Article 42 of the Vietnam Civil Aviation Law 2006 no longer exist and it is so permitted by the competent state agency.

2. Regulations on arrest of aircraft in Vietnam 

Regulations on arrest of aircraft in Vietnam according to Article 44 of the Vietnam Civil Aviation Law 2006 are 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 Vietnam Civil Aviation Law 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 Vietnam Civil Aviation Law 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.

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