What are aircraft incidents and accidents under the law in Vietnam?

What are aircraft incidents and accidents under the law in Vietnam?

Based on the provisions of the Law on Vietnam Civil Aviation 2006, aircraft incidents and accidents can be understood as follows:

- Aircraft incident is an occurrence, other than an aircraft accident, associated with the operation of an aircraft which affects or would affect the safety of operation of the aircraft.

- Aircraft accident is an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:

+ A person suffers a fatal or serious injury as a result of being in the aircraft direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew;

+ The aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin;

+ The aircraft is missing or is completely inaccessible.

What are aircraft incidents and accidents under the law in Vietnam? (Internet image)

Responsibilities for investigating into aircraft incidents and accidents in Vietnam

Pursuant to Article 106 of the Law on Vietnam Civil Aviation 2006, responsibilities for investigating into aircraft incidents and accidents in Vietnam include:

- When an aircraft incident occurs in the Vietnamese territory or the flight information region under the management of Vietnam, depending on the characteristics of the incident, the Ministry of Transport shall perform its reporting responsibility in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

- When an aircraft accident occurs in the Vietnamese territory or the flight information region under the management of Vietnam, the Ministry of Transport shall report it to the International Civil Aviation Organization and notify the state in which the aircraft is registered, the state of the aircraft operator, the state of manufacture of the aircraft, the state in which the aircraft is designed and other related states in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

- Competence to organize investigations into aircraft incidents or accidents is as follows:

+ The Ministry of Transport shall organize investigations into aircraft incidents or accidents stipulated in Clause 1 and at Point b, Clause 2, Article 104 of this Law; and coordinate with agencies managing official-duty aircraft in investigating accidents related to official-duty aircraft;

+ The aircraft accident investigation committee set up by the Prime Minister shall organize investigations into aircraft accidents specified at Points a and c, Clause 2, Article 104 of this Law.

- When an aircraft accident occurs, the accident investigation agency has the following duties:

+ To investigate to clarify the event, conditions, circumstances, cause and extent of the damage caused by the accident;

+ To apply measures to restrict any possible damage;

+ To publicize in time information and documents related to the accident;

+ To coordinate with concerned agencies and organizations as well as local authorities in investigating the accident and give guidance on prevention of future aircraft accidents.

- The Prime Minister shall decide to accept representatives from the state in which the aircraft is registered and the state of the aircraft operator to join in the capacity as observers in investigating accidents of foreign aircraft occurring in the Vietnamese territory.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE