Decree No. 02/2012/NĐ-CP detailing and guiding the implementation of the Ordinance on Procedures for Seizing Aircraft; Procedures for Handling Abandoned Aircraft.

DECREE

Detailed regulations and guidance on implementing the Ordinance on Procedures for Seizing Aircraft; Procedures for Handling Abandoned Aircraft

_______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to the Ordinance on Procedures for Seizing Aircraft dated March 16, 2010;

Considering the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on:

a) The implementation of seizing aircraft, releasing seized aircraft;

b) Procedures for handling abandoned aircraft in Vietnam.

2. This Decree applies to aircraft as defined by the Civil Aviation Law of Vietnam.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals in Vietnam and foreign agencies, organizations, and individuals related to the seizure of aircraft, release of seized aircraft, and handling of abandoned aircraft in Vietnam.

Article 3. Responsibilities and Authorities of Relevant Agencies and Units

1. The Civil Aviation Administration of Vietnam shall be responsible for updating information on the handling of seized aircraft in the Aircraft Register of Vietnam.

2. The Consular Department of the Ministry of Foreign Affairs shall be responsible for coordinating with civil aviation management agencies, serving as the point of contact for diplomatic missions, consular offices, or other representative offices of the state of registration of the aircraft.

3. Airports companies shall be responsible for coordinating with Air Traffic Control Units, Airport Control Unit representatives to implement court decisions ordering the seizure of aircraft; designating parking positions at airports for the aircraft; carrying out the preservation of the aircraft and having the right to collect various fees, charges, and taxes as prescribed.

Chapter II

PROCEDURES FOR IMPLEMENTING THE SEIZURE OF AIRCRAFT AND THE RELEASE OF SEIZED AIRCRAFT

Section 1

PROCEDURES FOR IMPLEMENTING THE SEIZURE OF AIRCRAFT

Article 4. Procedures for Implementing the Decision to Seize an Aircraft

1. After receiving the Decision to Seize an Aircraft and immediately upon the aircraft's landing, or after receiving the Court's Decision to Revoke the Decision to Release the Aircraft as stipulated in Article 10 of the Ordinance on Procedures for Seizing Aircraft, the Director of the Air Traffic Control Unit or the Head of the Airport Control Unit shall be responsible for:

a) Issuing immediately the Decision to Implement the Seizure of the Aircraft. The Decision to Implement the Seizure of the Aircraft, accompanied by a copy of the Decision to Seize the Aircraft or a copy of the Court's Decision to Revoke the Decision to Release the Aircraft, must be sent immediately to the air navigation service provider; the aircraft commander; the airport operator; the aircraft operator through the aviation telecommunications network (ATN) to stop takeoff training or cancel flight clearance for the aircraft subject to seizure.

The format of the Decision to Implement the Seizure of the Aircraft and the Handover Record of the Decision to Implement the Seizure of the Aircraft are specified in Appendix I and Appendix II of this Decree.

b) Taking the lead and coordinating with the airport operator; the relevant airline; the aircraft operator and other state management agencies at the airport to prevent the aircraft from taking off.

c) Resolving matters related to entry and exit procedures for passengers and customs procedures for goods on the flight (if passenger, baggage, and cargo entry and exit procedures are required).

2. The Air Traffic Control Unit shall be responsible for sending the Decision to Implement the Seizure of the Aircraft immediately to the Court that issued the Decision to Seize the Aircraft.

3. The person requesting flight permission, the aircraft operator, the aircraft commander have the obligation to inform the Director of the Air Traffic Control Unit or the Head of the Airport Control Unit about the person exercising rights and obligations regarding the seized aircraft during the period the aircraft is seized at the airport.

Article 5. Notification of Aircraft Seizure

Within five hours from the time when the airport operator designates the aircraft parking position at the airport, the Director of the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office shall be responsible for notifying in writing to the Court that issued the Decision on Aircraft Seizure and the Civil Aviation Administration of Vietnam about the seizure of the aircraft.

Article 6. Responsibilities of the Air Carrier Transporting Passengers, Baggage, and Cargo When the Aircraft is Seized

1. When the aircraft is seized, the air carrier transporting passengers, baggage, and cargo shall be responsible for ensuring the transportation of passengers, baggage, and cargo according to the contract concluded, providing accommodation and meals for passengers if the aircraft is seized for more than 24 hours; coordinating with immigration authorities and relevant agencies to handle entry and exit procedures for passengers and customs procedures for cargo (if passengers and cargo need to enter or exit).

2. The Civil Aviation Administration of Vietnam shall be responsible for supervising and requiring the air carrier to fulfill the obligations stipulated in Clause 1 of this Article; handling or requesting competent authorities to handle according to the provisions of the law in case the air carrier fails to fulfill its obligations as prescribed.

Article 7. Procedure for Re-Seizing the Aircraft

The procedure for re-seizing the aircraft upon request of the person having rights and interests over the aircraft shall be carried out according to the procedure for seizing the aircraft prescribed in Chapter II of the Ordinance on Aircraft Seizure Procedures and the provisions of this Section.

Section 2

PROCEDURE FOR IMPLEMENTING THE RELEASE OF SEIZED AIRCRAFT

Article 8. Procedure for Implementing the Decision to Release the Seized Aircraft

1. Immediately upon receipt of the Decision to Release the Seized Aircraft, the Decision to Cancel the Decision on Aircraft Seizure of the Court, or in the case where the period of aircraft seizure has expired as prescribed, the Director of the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office shall be responsible for:

a) Issuing immediately the Decision to Cancel the Decision on Aircraft Seizure. The Decision to Cancel the Decision on Aircraft Seizure must be accompanied by a copy of the Decision to Release the Seized Aircraft or a copy of the Decision to Cancel the Decision on Aircraft Seizure and must be sent immediately to the air navigation service provider, the airport operator, the aircraft operator, and the aircraft commander through the aviation telecommunications network (ATN). The form of the Decision to Cancel the Decision on Aircraft Seizure and the Record of Handover of the Decision to Cancel the Decision on Aircraft Seizure are specified in Appendix III and Appendix IV of this Decree.

b) Taking the lead in coordinating with the airport operator, the airline, the aircraft operator, and state management agencies at the airport to carry out necessary tasks to allow the aircraft to take off and resolve matters related to passenger entry and exit procedures and customs procedures for cargo according to the flight.

2. The Civil Aviation Authority shall be responsible for sending immediately the Decision to Cancel the Decision on Aircraft Seizure to the Court that issued the Decision to Release the Seized Aircraft and the Decision to Cancel the Decision on Aircraft Seizure.

3. The aircraft released by the Decision may only continue to be operated after the person having rights and obligations over the aircraft has settled or agreed to settle all costs arising from the aircraft seizure at the airport.

4. After thirty days from the date of issuance of the Decision to Cancel the Decision on Aircraft Seizure without contact from the person having rights and obligations over the seized aircraft, the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office shall be responsible for reporting to the Civil Aviation Administration of Vietnam. Within thirty days from the date of receipt of the report from the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office, the Civil Aviation Administration of Vietnam shall be responsible for informing the Civil Aviation Authority of the country where the aircraft is registered, the Consular Department - Ministry of Foreign Affairs, and simultaneously announcing three times consecutively on central and local mass media regarding the request to reclaim the aircraft.

Chapter III

PROCEDURE FOR HANDLING ABANDONED AIRCRAFT

Article 9. Cases where aircraft are deemed abandoned

Aircraft shall be considered abandoned in the following cases:

1. After the Aircraft Seizure Decision of the Court becomes ineffective and no agency, organization, or individual takes on the rights and obligations related to that aircraft.

2. The owner of the aircraft declares in writing their abandonment of the aircraft without transferring the rights and obligations related to the aircraft to a legitimate insurance organization or authorizing another organization or individual. The declaration of abandonment of the aircraft by the owner must be sent to the Court issuing the Aircraft Seizure Decision or the Civil Aviation Authority of Vietnam. In case the aircraft belongs to multiple owners, the abandonment of the aircraft must be agreed upon by all co-owners, except in cases where there is a different agreement.

3. Sixty days after the date when the Civil Aviation Authority of Vietnam publishes the final notice on central and local mass media, if the person with rights and obligations regarding the aircraft does not contact the Civil Aviation Authority of Vietnam to reclaim the aircraft, except in cases where the person with interests related to the aircraft files a lawsuit at the Court to resolve disputes and the Court accepts the case.

4. Sixty days after the expiration of the aircraft parking lot usage contract at the airport, if the person with rights and obligations regarding the aircraft does not contact the airport operator to resolve the issue of using the parking lot, the airport operator has the responsibility to report to the Civil Aviation Authority of Vietnam. The Civil Aviation Authority of Vietnam will notify the aviation authority of the country where the aircraft is registered. The Consular Department of the Ministry of Foreign Affairs will simultaneously publish three consecutive notices on central and local mass media about the request to reclaim the aircraft. Sixty days after the date when the Civil Aviation Authority of Vietnam publishes the final notice on central and local mass media, if the person with rights and obligations regarding the aircraft does not contact the Civil Aviation Authority of Vietnam to reclaim the aircraft.

Article 10. Procedures for handling abandoned aircraft as stipulated in Clause 1 of Article 9 of this Decree

1. In the case of abandoned aircraft as stipulated in Clause 1 of Article 9 of this Decree, the Court issuing the Aircraft Seizure Decision is responsible for auctioning the aircraft.

2. The procedures for auctioning the aircraft and the payment of the auction proceeds shall be carried out in accordance with the provisions of the law.

Article 11. Procedures for handling abandoned aircraft as stipulated in Clauses 2, 3, and Clause 4 of Article 9 of this Decree

1. In the case of abandoned aircraft as stipulated in Clauses 2, 3, and Clause 4 of Article 9 of this Decree, the Civil Aviation Authority of Vietnam shall be the agency responsible for exercising the rights and obligations of the entity transferring the auctioned property according to the provisions of the law. The auction proceeds shall be deposited into the "Aircraft Management and Custody Account" of the Civil Aviation Authority of Vietnam at a bank permitted to operate in Vietnam for processing according to the provisions of the law after deducting related auction expenses.

2. The procedures for auctioning the aircraft shall be carried out in accordance with the provisions of the law.

3. Three years after the Civil Aviation Authority of Vietnam deposits money into the "Aircraft Management and Custody Account," if no agency, organization, or individual requests the return of the funds, the amount will be transferred to the state treasury. The Civil Aviation Authority of Vietnam is responsible for updating information about the sale of Vietnamese-registered aircraft in the Aircraft Register of Vietnam.

4. The payment of the auction proceeds shall be made in the following priority order:

a) Court fees and costs for enforcement actions and asset disposal through auction;

b) Fees for aircraft maintenance and rescue operations and related costs;

c) Taxes, fees, and charges as prescribed by law;

d) Third parties on the ground who have suffered losses;

đ) Debts concerning the rights and interests related to the aircraft as registered or according to court judgments and decisions;

e) Other amounts as agreed between the relevant parties or as prescribed by law.

ChapterIV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Decree takes effect from February 24, 2012.

Article 13. Implementation Organization

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree.