Decision No. 05/2004/QD-BGTVT On Issuing the Civil Aviation Search and Rescue Regulations

Pursuant to …;

Regarding the issuance of the Civil Aviation Search and Rescue Regulations

_______________________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Civil Aviation Law of Vietnam dated December 26, 1991 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated April 20, 1995;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 267/2003/QĐ-TTg dated December 19, 2003 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Vietnam Civil Aviation Authority;

 Considering the proposal of the Director of the Vietnam Civil Aviation Authority and the Head of the Legal Department,

DECISION:

Article 1. Issued together with this Decision "Civil Aviation Search and Rescue Regulations".

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The Decision No. 219/TCHK dated January 1, 1989 of the General Civil Aviation Administration of Vietnam promulgating the Civil Aviation Search and Rescue Regulations and previous regulations contrary to this Decision are hereby repealed.

Article 3. The Heads of the Ministry's Office, Heads of Departments under the Ministry, Inspectorate Chief, Director of the Vietnam Civil Aviation Authority, and Heads of agencies, units, and individuals related thereto are responsible for implementing this Decision.

REGULATIONS

SEARCH AND RESCUE IN CIVIL AVIATION

(Issued together with Decision No. 05/2004/QĐ-BGTVT dated April 6, 2004)

of the Ministry of Transport)

___________________

Chapter 1:

GENERAL PROVISIONS

Article 1.

1. These regulations provide for civil aviation search and rescue operations and airport emergencies (hereinafter referred to as civil aviation search and rescue).

2. These regulations apply to all organizations and individuals, both domestic and foreign, involved in civil aviation search and rescue activities on the territory of Vietnam and airspace areas managed and operated by Vietnam as designated by the International Civil Aviation Organization.

Article 2In these regulations, the following terms are understood as follows:

1Search and Rescue Services Unit is an entity that implements search and rescue contracts within the search and rescue area or within the assigned scope, including the Search and Rescue Coordination Center, the Sub-Center for Rescue, and the Alerting Post;

2. Search and Rescue Coordination Center is an entity responsible for deploying search and rescue operations and effectively coordinating search and rescue command within the search and rescue area;

3Rescue Subcenter is an entity subordinate to the Search and Rescue Coordination Center that performs rescue tasks in a specific area of the search and rescue zone;

4Alerting Post is a station equipped with necessary means to collect all information related to aircraft during the uncertainty phase, alert phase, distress phase, and transferring such information to relevant Search and Rescue Coordination Centers;

5Aeronautical Meteorological Office is an entity providing meteorological information for civil aviation activities domestically and internationally;

6Air Traffic Service Unit is an entity providing flight information service, alerting service, air traffic advisory service, and air traffic control service, including the Air Traffic Control Office, Flight Information Center, and Air Traffic Services Reporting Office;

7Air Traffic Control Office is an entity providing air traffic advisory and air traffic control services;

8. Flight Information Center is a center providing flight information and alerting services;

9. Air Traffic Services Reporting Office is an entity receiving reports related to air traffic services and flight plans before the aircraft departs;

10. Alerting Service is the activity of notifying relevant authorities about aircraft requiring assistance and support from search and rescue service units;

11. Air Traffic Service is the work of flight information service, alerting service, air traffic advisory service, and air traffic control service;

12. Search and Rescue Unit is a force trained and equipped with appropriate equipment to perform search and rescue operations;

13. Uncertainty Phase is the period starting when there is doubt about the safety of the aircraft and its occupants;

14. Alert Phase is the period starting when there is a loss of safety of the aircraft and its occupants;

15. Distress Phase is the period beginning when there is a definite basis that an aircraft and its occupants are threatened by immediate and serious danger or require urgent assistance;

16. Pilot-in-Command is the person with the highest authority on the aircraft, responsible for ensuring the safety and operation of the aircraft throughout the flight;

17. Aircraft Operator is an individual or organization conducting aircraft operations;

18. State of Registry is the country where the aircraft is registered;

19. Aerodrome is a defined portion of land or water constructed to ensure the takeoff, landing, and movement of aircraft;

20. Alternate Aerodrome is an aerodrome that an aircraft may reach if it cannot land at the intended destination aerodrome;

21. Search and Rescue Aircraft is an aircraft equipped with specialized equipment suitable for performing search and rescue missions;

22. Estimated Elapsed Time is the subjective calculated time to fly from one specified point to another specified point;

23. Notice to Airmen (NOTAM) is a communication containing information regarding the installation, condition, or change of any navigational aid or hazard that the pilot must be aware of in order to handle it promptly;

24. Radio Direction-Finding Station is a radio station capable of determining direction when using that radio station;

25. Vicinity Area is an airspace area defined with a radius of 8-16 km from the reference point of the aerodrome;

26. Flight Information Region is an airspace area with defined boundaries in which flight information service and alerting service are provided;

27. Search and Rescue Region is an area of defined size in which search and rescue service is provided.

Chapter 2:

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS RELATED TO CIVIL AVIATION SEARCH AND RESCUE ACTIVITIES

Article 3. The Civil Aviation Administration shall be responsible for:

1. Drafting regulatory legal documents on air search and rescue to be submitted by the Minister of Transport to competent state agencies for issuance or to issue within its authority and organize the implementation of such documents after their issuance;

2. Drafting and directing the implementation of air search and rescue plans after they have been approved by authorized bodies;

3. Organizing research and application of scientific and technological advancements to enhance predictive capabilities and propose measures and solutions to prevent and mitigate situations threatening the safety of aircraft and persons aboard;

4. Ensuring the readiness of agencies and units within the sector to respond quickly to emergencies; promptly mobilizing forces, means, and equipment effectively to participate in responding to situations threatening the safety of aircraft and persons aboard;

5. Building search and rescue forces; training and preparing specialized and semi-specialized forces and volunteer teams to respond to situations threatening the safety of aircraft and persons aboard;

6. Establishing plans for procurement, management of means, equipment, and materials serving search and rescue operations in accordance with the law;

7. Organizing annual search and rescue exercises at different regions and terrains to enhance professional capacity and readiness to respond to incidents;

8. Coordinating and cooperating with relevant countries in the region in search and rescue operations;

9. Promoting, disseminating, and educating to raise community awareness and responsibility in complying with legal provisions on responding to situations threatening the safety of aircraft and persons aboard.

Article 4. The Air Traffic Management Center shall be responsible for:

1. Organizing inspections and supervision of the activities of search and rescue coordination centers and search and rescue forces under its jurisdiction;

2. Drafting plans for professional training and search and rescue operations to be submitted to the Director of the Civil Aviation Administration for approval;

3. Assigning tasks to search and rescue coordination centers and auxiliary rescue centers to develop search and rescue plans and regularly direct the organization of exercises to enhance search and rescue capabilities in case of accidents.

Article 5. Regional airport clusters shall be responsible for:

1. Organizing inspections and implementing emergency and rescue operations at airports under their jurisdiction;

2. Drafting plans for professional training and emergency rescue operations to be submitted to the Director of the Civil Aviation Administration for approval;

3. Assigning tasks to airports under their jurisdiction to develop emergency and rescue plans and regularly direct the organization of exercises to enhance rescue capabilities in case of accidents.

Article 6. Search and rescue coordination centers shall be responsible for:

1. Drafting search and rescue plans in the search and rescue area. The plan includes the following specific contents:

a) Methods of conducting search and rescue operations in the search and rescue area, methods of receiving and transmitting information related to search and rescue activities, methods of receiving assistance from other search and rescue coordination centers, methods of assisting aircraft in distress making forced landings near rescue vessels, methods of assisting search and rescue aircraft or other aircraft assisting aircraft in distress, or actions taken when it is certain that an aircraft has been illegally interfered with;

b) Utilization and deployment of means used in search and rescue operations (including means of other countries if there is an agreement on search and rescue), existing communication systems, actions of adjacent search and rescue coordination centers, methods of alerting long-range aircraft and ships in the search and rescue area, ability to reposition equipment when weather changes;

c) Responsibilities and authorities of personnel assigned search and rescue tasks.

2. Cooperating closely with maritime search and rescue centers and regional maritime search and rescue centers where aircraft are in distress to assist in air search and rescue operations;

3. Regularly evaluating search and rescue activities within their scope of responsibility; updating and supplementing search and rescue equipment and forces;

4. Storing records and results of search and rescue activities in their search and rescue areas.

Article 7. Search and rescue coordination centers and auxiliary rescue centers shall be responsible for establishing direct communication networks with:

1. Relevant air traffic control agencies;

2. Relevant search and rescue agencies and search and rescue coordination centers;

3. Fixed stations and direction-finding stations in the search and rescue area;

4. Coastal radio stations capable of warning and communicating with vessels in the area;

5. Meteorological agencies designated;

6. Warning stations.

Article 8. Each search and rescue unit under search and rescue coordination centers and auxiliary rescue centers shall be responsible for:

1. Implementing proficiently the plans and action schemes stipulated in Article 6 of this Regulation;

2. Ensuring the availability of forces, means, and equipment ready for duty 24/24 hours;

3. Maintaining and ensuring the replenishment of food supplies, medical care, signaling devices, emergency and rescue means;

4. Providing complete, accurate, and regular information related to the search and rescue coordination center.

Article 9. Search and rescue teams must be provided with sufficient means and equipment to quickly reach the scene and provide timely assistance and rescue. Communication means of each search and rescue team must ensure immediate, rapid, and reliable communication with other search and rescue teams or agencies and units specified in Article 7 of this Regulation.

Article 10.

1. The Search and Rescue Coordination Centres, Air Auxiliary Rescue Centres, search and rescue units, and airport emergency units must be equipped with communication devices capable of receiving and processing information when an accident occurs within their search and rescue responsibility area. This information includes: location, name of the Search and Rescue Coordination Centres, airport emergency units, relevant air traffic control agencies, telephone numbers, radio frequencies, alarm frequencies, addresses of all centrally governed provinces and cities, operators or operator representatives, maps for search and rescue operations.

2. The Search and Rescue Coordination Centres, Air Auxiliary Rescue Centres, search and rescue units, and airport emergency units are responsible for regularly conducting on-site training and drills for search and rescue plans and airport emergencies. Each year, these units develop exercise plans that closely reflect actual search and rescue activities.

Article 11.

1. The aircraft commander in flight has the responsibility to take every measure to assist aircraft or ships in distress upon discovering them in a state of emergency.

2. Search and rescue aircraft must be equipped with communication means on aviation emergency frequencies and other appropriate frequencies suitable for search and rescue operations, specifically as follows:

a) Equip with emergency transceivers on the frequency of 121.5 MHz;

b) Equip with two-way communication on the frequency of 2182 kHz when conducting maritime search and rescue operations.

3. In addition to the provisions of Clause 2 of this Article, search and rescue aircraft must be equipped with a set of international distress symbol codes to overcome language difficulties.

4. Rescue equipment and survival gear must be carried to be dropped off, provided, and supplied to persons in distress. Rescue equipment and survival gear must be packaged appropriately, clearly distinguished by color, instructions, and symbols. The determination of the colors of items in the cargo container or package must have a triangular flag according to the following colors:

a) Red: initial medical aid equipment;

b) Blue: food and water;

c) Yellow: food and protective clothing;

d) Black: various equipment such as heaters, axes, compasses, kitchen utensils, and other equipment.

5. When mixed relief supplies are dropped in a cargo container or package, they must combine color codes and include an instruction manual for using the relief equipment in both Vietnamese and English.

Chapter 3:

COOPERATION IN CIVIL AIRCRAFT SEARCH AND RESCUE OPERATIONS AND METHODS OF OPERATION

Article 12. Any organization or individual who discovers an aircraft in distress or has reason to believe that an aircraft is in a state of emergency must immediately report to the appropriate alarm station or the related Civil Aircraft Search and Rescue Coordination Centre.

Article 13.

1. When an accident occurs, relevant agencies and units must provide complete, fast, and accurate information according to their functions and responsibilities, implement search and rescue operations according to the action plan to minimize casualties and property damage.

2. For accidents occurring in border areas of two or more countries or at the request of the country registering the aircraft or the operating country, the Vietnam Civil Aviation Authority will coordinate with relevant agencies and units under the Ministry of Foreign Affairs and the Ministry of National Defense to grant permission for people and means to participate in search and rescue operations as soon as possible. Flight permits are issued in accordance with the law. If necessary, after seeking guidance from the National Search and Rescue Commission, the Vietnam Civil Aviation Authority will request neighboring countries with adjacent search and rescue areas to send personnel and means to assist in search and rescue operations.

Article 14. The Search and Rescue Coordination Centres, Auxiliary Rescue Centres, search and rescue teams, and airport emergency teams must quickly mobilize forces for search and rescue operations when incidents or accidents occur in their assigned areas, cooperate closely with air traffic control, technical, weather, and meteorological agencies to receive and transfer all relevant information about search and rescue operations and be ready to respond when required.

Article 15The Alarm Stations and Civil Aircraft Search and Rescue Coordination Centres, upon receiving information about an aircraft in the suspicious phase, alarm phase, emergency phase, or accident, must promptly evaluate, analyze, process the information, and decide on appropriate actions. If the received information is not from air traffic control agencies, the Civil Aircraft Search and Rescue Coordination Centres must assess and determine the corresponding phase and implement methods applicable to each phase, specifically as follows:

1. Suspicious Phase: The Civil Aircraft Search and Rescue Coordination Centre must coordinate with air traffic control agencies and other related agencies and forces to quickly and accurately assess the received information.

2. Alarm Phase: The Civil Aircraft Search and Rescue Coordination Centre must immediately notify the search and rescue units, report to the Vietnam Civil Aviation Authority, and implement the corresponding action plan.

3. Emergency Phase: The Civil Aircraft Search and Rescue Coordination Centre must perform the following tasks:

a) Notify and coordinate with search and rescue units to deploy forces and means according to the approved plan;

b) Implement search techniques, collaborate with related departments to research and determine the location of the distressed aircraft and based on that, define the search area;

c) Notify the operator and maintain regular contact during the search and rescue operation; notify adjacent search and rescue centres if deemed necessary;

d) Notify the relevant air traffic control agency when receiving information from other sources;

e) Request aircraft in flight, vessels, ships, and other means in the vicinity of the distressed aircraft to participate in civil aircraft search and rescue operations.

e) Maintain monitoring of signals emitted from the distressed aircraft or emergency beacons (121.5 MHz and 406 MHz);

g) Regularly report all information to the Air Search and Rescue Coordination Center related to the distressed aircraft, outline plans for directing search and rescue operations;

h) Report to the state of registration of the distressed aircraft.

Article 16. During the alert phase or alarm phase, upon receiving notification that the emergency situation no longer exists, the Air Search and Rescue Coordination Center must notify the termination of the emergency situation to participating agencies, units, and forces in search and rescue operations.

Article 17.

1. When the distress phase has not ended for the distressed aircraft and its location has not been determined, possibly within two or more search and rescue areas, if the Air Search and Rescue Coordination Center does not know the actions of other Search and Rescue Centers, it must implement actions consistent with the procedures specified in Article 15 of this Regulation and coordinate with adjacent Search and Rescue Centers to designate a main Search and Rescue Center to carry out search and rescue responsibilities.

2. The main Air Search and Rescue Coordination Center implementing search and rescue operations must be responsible for one of the following areas:

a) The area where the aircraft reported its last position;

b) The area the aircraft would reach when the last reported position is the boundary between two search and rescue areas;

c) The area the aircraft has reached but is not equipped with suitable two-way radio communication or is not required to maintain radio communication.

Article 18After declaring the distress phase, the Air Search and Rescue Coordination Center must inform relevant Air Search and Rescue Coordination Centers participating in search and rescue operations and subsequent developments during the search and rescue process, as well as the results of the search and rescue.

Article 19During the distress phase, upon receiving notification to terminate the emergency situation, the Air Search and Rescue Coordination Center must take necessary actions to conclude activities and report to the Civil Aviation Administration of Vietnam, participating agencies, units, and forces in search and rescue operations. Upon receiving further information, they must analyze and evaluate and resume search and rescue operations if deemed necessary.

Article 20. During the distress phase, if search and rescue operations have been carried out for over six months since the declaration of the distress phase without results, the main Air Search and Rescue Coordination Center must report to the Director of the Civil Aviation Administration of Vietnam to submit to the Minister of Transport for consideration and declare the end of search and rescue operations.

Article 21. The main Air Search and Rescue Coordination Center is responsible for transferring information related to search and rescue activities to the air traffic control authority providing air navigation services in the area of the distressed aircraft so that operating aircraft are aware and assist in search and rescue operations if requested.

Article 22When two or more member states are responsible for a common search and rescue area, each state must have a plan of action consistent with the plan of action required by the regional Air Search and Rescue Coordination Center or consistent with bilateral or multilateral agreements on air search and rescue.

Article 23Upon receiving notification from the Air Search and Rescue Coordination Center, the search and rescue unit must implement search and rescue actions as per the received notification; maintain communication, report the mobilized forces and equipment participating in search and rescue operations; regularly report the progress of search and rescue operations to the Air Search and Rescue Coordination Center.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."The on-site commander of the search and rescue unit organizes the rescue of survivors; salvages the property of the victims; does not cause explosions or fires; after completing the rescue, the Air Search and Rescue Coordination Centers, airport emergency forces, and search and rescue teams must secure the scene and provide full information to prepare for accident investigation.

Article 25If the pilot of an aircraft in flight observes another aircraft or vessel in distress, he must immediately notify the air traffic control authority providing air navigation services. If conditions permit, he must continue to observe the distressed aircraft or vessel, determine its position, and assist in search and rescue operations until it is no longer possible or necessary, and follow the instructions of the air traffic control authority and the Air Search and Rescue Coordination Center.

Article 26When observing a distressed aircraft or vessel, the pilot must report all relevant information about the accident to the air traffic control authority or the Air Search and Rescue Coordination Center, specifically as follows:

1. Type and model of the distressed aircraft or vessel, identification, and conditions of the distressed aircraft;

2. Accident coordinates, terrain, or direction relative to the navigation aid station;

3. Time observed;

4. Current status, number of people observed;

5. Other necessary information.

Article 27. The first aircraft arriving at the accident site that is not a designated search and rescue aircraft must guide other aircraft until the designated search and rescue aircraft arrives. If communication means are insufficient, it may be agreed to transfer communication to another aircraft to maintain contact with the aircraft in flight, with the air traffic control authority, and with the Air Search and Rescue Coordination Center.

Article 28. As necessary, the aircraft in flight at the accident site must establish communication with the rescue aircraft approaching the accident site using radio waves or appropriate signals in the Appendix of this Regulation. If survivors, distressed aircraft, or vessels lack communication means, if possible, the aircraft must drop communication and signal devices at the scene and instruct their use to establish communication between the scene and the aircraft flying over the accident site.

Article 29Upon receiving distress signals, telegrams, or urgent notifications via radio waves, telephone, or any other communication means, the aircraft commander shall be responsible for:

1. Recording the location of the distressed aircraft;

2. Redirecting the flight path towards the location of the distressed aircraft if possible;

3. Reporting all available information to the Air Traffic Control Service or Search and Rescue Coordination Center;

4. Redirecting the flight path towards the source of the distress signal while awaiting further instructions.

Article 30.The use of signals specified in the Appendix of this Regulation must be clear and not confused with other signals. Upon receiving distress signals at the accident site, the operating aircraft and search and rescue aircraft must comply with the requirements set forth in the Appendix.

Chapter 4:

IMPLEMENTATION

Article 31.

1. The Civil Aviation Authority of Vietnam shall implement the "Civil Aviation Search and Rescue Regulations" and periodically and urgently report to the Minister of Transport on the implementation of these regulations throughout the civil aviation sector.

2. Based on the provisions of this Regulation, the Director of the Civil Aviation Authority of Vietnam shall be responsible for:

a) Establishing the Permanent Civil Aviation Search and Rescue Committee to assist the Director in directing the implementation of search and rescue tasks throughout the sector;

b) Assigning search and rescue tasks to subordinate agencies and units within their authority;

c) Allocating search and rescue zones for civil aviation;

d) Announcing and updating the names, addresses, and contact methods of organizations and individuals related to civil aviation search and rescue activities.