Ordinance No. 11/2010/UBTVQH12 on Seizing Aircraft

ORDINANCE

Procedure for Seizing Aircraft

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

Pursuant to Resolution No. 11/2007/QH12 on the Program for Enacting Laws and Ordinances of the National Assembly during the Twelfth Session (2007-2011) and for the year 2008;

The Standing Committee of the National Assembly promulgates this Ordinance on the Procedure for Seizing Aircraft.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Ordinance stipulates the authority, procedure, and process for seizing aircraft at airports to ensure the interests of creditors, owners, third parties on the ground who have suffered losses, or other persons with rights and interests in the aircraft (hereinafter referred to collectively as persons with rights and interests in the aircraft), or to enforce civil judgments, and the authority, procedure, and process for releasing seized aircraft.

2. This Ordinance does not apply to state aircraft, except in cases where state aircraft are used for civilian purposes.

Article 2. Applicability

This Ordinance applies to agencies, organizations, and individuals of Vietnam and foreign agencies, organizations, and individuals related to the seizure of aircraft.

The People's Court of the province or centrally-administered city (hereinafter referred to as the Provincial People's Court) where the airport is located has the authority to decide on seizing aircraft if such aircraft are required to be seized upon landing at that airport.

Article 4. Definitions

In this Ordinance, the following terms shall be understood as follows:

1. Seizing aircraft means prohibiting the movement of aircraft from the airport by court decision.

2. Other persons with rights and interests in the aircraft are lessees, operators, or other agencies, organizations, and individuals with direct rights and interests in the aircraft as provided for under the Civil Aviation Law of Vietnam but are not creditors, owners, or third parties on the ground who have suffered losses.

3. An aircraft ready for takeoff is an aircraft that has been given permission to take off by the air traffic service provider.

4. Foreign-related aircraft are aircraft owned by foreign organizations or individuals; jointly-owned aircraft in which at least one owner is a foreign organization or individual, or aircraft registered under the nationality of a foreign country.

Article 5. Liability for Seizing Aircraft and Improper Requests for Seizing Aircraft

1. Persons requesting the seizure of aircraft shall bear legal responsibility for their requests; in cases where improper requests for seizing aircraft cause damage, they must provide compensation.

2. Damage caused by the consequences of improper requests for seizing aircraft shall be resolved through mutual agreement between the parties; in cases where no agreement can be reached and disputes arise, the parties may request the court or arbitration to resolve the matter according to the provisions of the law.

3. Courts deciding to seize aircraft, not to seize aircraft, release seized aircraft, or not to release seized aircraft improperly causing damage must provide compensation according to the provisions of the law.

Article 6. Financial Guarantee Measures for Requests to Seize Aircraft

1. Persons requesting the seizure of aircraft must implement financial guarantee measures, except in cases where requests to seize aircraft for enforcement of judgments are provided for in Clause 1 of Article 32 of this Ordinance, in one or both of the following forms:

a) Submitting to the court a guarantee document secured by assets of a bank or another credit institution or of an agency, organization, or individual;

b) Depositing a sum of money, precious metals, precious stones, or negotiable instruments into a frozen account at a bank where the court with jurisdiction over the decision to seize aircraft is located, within the latest period of 48 hours from the time of receiving the decision.

In cases where financial guarantee measures are implemented on weekends or holidays, the security assets will be temporarily held at the court; the court will only accept the deposit of funds or negotiable instruments and seal them for safekeeping. On the next working day, the person requesting the seizure of aircraft must transfer those assets to the bank under the supervision of the court.

2. The value of the financial guarantee is determined by the court to be equivalent to the potential damage that could result from the consequences of the request to seize aircraft.

3. When deciding to release seized aircraft, the Judge must consider and handle the financial guarantee measures implemented by the person requesting the seizure of aircraft, except in cases where the parties have agreed otherwise. Depending on specific circumstances, the Judge may issue one of the following decisions:

a) Maintaining the financial guarantee measure if it is found that the request to seize aircraft was improper and the value of the financial guarantee may be sufficient or insufficient to compensate for damages;

b) Returning part of the value of the financial guarantee if it is found that the request to seize aircraft was improper and the value of the financial guarantee exceeds the liability for compensating damages;

c) Returning the entire value of the financial guarantee if it is found that the request to seize aircraft was correct.

Article 7. Fees for Seizing Aircraft

1. Persons requesting the seizure of aircraft must pay fees as prescribed by law.

2. Fees for seizing aircraft must be paid to the court with jurisdiction to decide on the seizure of aircraft as stipulated in Article 3 of this Ordinance within 48 hours from the time the court requests payment of the fee.

Article 8. Supervision of Compliance with the Law in Seizing Aircraft

The People's Procuracy supervises compliance with the law in seizing aircraft; implements the right to make recommendations according to the provisions of the law to ensure timely and lawful seizure of aircraft.

Article 9. Documents and Evidence Accompanying Requests for Seizing Aircraft or Releasing Seized Aircraft

1. Accompanying requests for seizing aircraft or releasing seized aircraft must include documents and evidence proving that the request for seizing aircraft or releasing seized aircraft is based and lawful.

2. In cases where documents and evidence proving the request for seizing aircraft or releasing seized aircraft are in a foreign language, a Vietnamese translation must be submitted along with the original and certified according to the provisions of Vietnamese law. For documents and papers issued, granted, or confirmed by competent authorities of foreign countries according to foreign laws, they must be legalized by consular certification, except in cases exempted according to international treaties to which the Socialist Republic of Vietnam is a party or transferred through diplomatic channels according to international practice.

Article 10. Enforcement of Decisions to Seize Aircraft, Decisions to Release Seized Aircraft, Decisions to Revoke Decisions to Seize Aircraft, and Decisions to Revoke Decisions to Release Seized Aircraft

1. Immediately upon issuing a decision to seize an aircraft, release a seized aircraft, revoke a decision to seize an aircraft, or revoke a decision to release a seized aircraft, the President of the Court assigns a court officer to deliver the decision.

2. Within twelve hours from the time the decision to seize an aircraft or release a seized aircraft is issued, the court officer shall deliver the decision to the Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority at the airport where the aircraft is required to be seized. The Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority shall implement the decision to seize an aircraft or release a seized aircraft in accordance with the law.

In case the court officer cannot reach the airport, the decision may be sent via fax or email in accordance with the law.

3. If the period for seizing the aircraft as decided by the Court has expired or if the decision to seize the aircraft has been revoked, the Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority must release the aircraft.

4. Organizations, entities, and individuals at the airport have the responsibility to cooperate in implementing the decision to seize an aircraft when requested by the Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority.

5. An aircraft shall not be seized if it is ready to take off.

6. During the period the aircraft is seized, the owner of the aircraft, the lessee of the aircraft, and the operator of the aircraft are responsible for paying the costs incurred at the airport; the carrier and the operator of the aircraft still must fulfill their obligations under the contracts they have committed to.

The Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority allows the aircraft to leave the airport only after the costs incurred related to the seizure of the aircraft at the airport have been paid.

7. The Government shall specify the implementation of the Court's decisions as provided for in Clause 2 of this Article; the handling of the aircraft in cases where the owner abandons the aircraft or auctions the seized aircraft.

Article 11. Notification of the execution of the decision to seize an aircraft, release a seized aircraft, revoke a decision to seize an aircraft, and revoke a decision to release a seized aircraft.

The Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority shall notify in writing the Court, the Civil Aviation Administration of Vietnam, and relevant state management agencies at the airport about the execution of the decisions as stipulated in Clause 1 of Article 10 of this Ordinance.

In the case of seizing an aircraft for enforcement of a judgment, after receiving notification from the Director of the Civil Aviation Authority or the Representative of the Civil Aviation Authority, the Court shall immediately notify the civil enforcement agency.

Article 12. Responsibility for providing information by authorized agencies and organizations

Within its scope of duties and powers, the Civil Aviation Administration of Vietnam shall provide necessary information about the aircraft to agencies, organizations, and individuals when requested as a basis for requesting the competent Court to issue a decision to seize the aircraft.

Chapter II

PROCEDURE FOR SEIZING AN AIRCRAFT, RELEASING A SEIZED AIRCRAFT, AND RE-SEIZING AN AIRCRAFT UPON REQUEST OF THE INTERESTED PARTY

Article 13. Cases of Seizing Aircraft at the Request of Parties with Rights or Interests in the Aircraft

1. Seize aircraft at the request of the owner of the aircraft. In case the aircraft is owned by multiple owners, the person requesting the seizure must obtain written consent from all co-owners, except where there is a different agreement.

2. Seize aircraft at the request of a creditor when the aircraft serves as collateral for the creditor's debt and such debt has not been settled within the agreed timeframe.

3. Seize aircraft at the request of a third party on the ground who has suffered damage caused by the flying aircraft and has not yet received compensation at the time of the request. The seized aircraft shall be either the aircraft causing the damage or one owned by the person responsible for compensating the damage.

4. Seize aircraft at the request of another party having rights or interests related to the aircraft.

Article 14. Time Limit for Seizing Aircraft at the Request of Parties with Rights or Interests in the Aircraft

1. The time limit for seizing aircraft at the request of parties with rights or interests in the aircraft shall not exceed thirty days, counted from the date the aircraft is seized.

2. The time limit for seizing aircraft as stipulated in Clause 1 of this Article is independent of whether the person requesting the seizure files a lawsuit with the competent court or not.

Article 15. Application for Seizing Aircraft by Parties with Rights or Interests in the Aircraft

1. The person requesting the seizure of the aircraft must submit an application. The application must include the following contents:

a) Date of submission of the application;

b) Name of the court receiving the application;

c) Name, address, and nationality of the person requesting the seizure of the aircraft;

d) Airport where the aircraft lands;

đ) Nationality, registration number, type, and other characteristics of the aircraft requested to be seized;

e) Name, address, and nationality of the owner, lessee, and operator of the aircraft;

g) Reason for requesting the seizure of the aircraft;

h) Estimated losses and costs that may arise due to the seizure of the aircraft;

i) Time limit for requesting the seizure of the aircraft.

2. If the person requesting the seizure of the aircraft does not know accurately and fully the contents specified in Point đ and Point e of Clause 1 of this Article, they should record what they know about those issues.

Article 16. Submitting Application for Seizing Aircraft and Related Documents and Evidence by Parties with Rights or Interests in the Aircraft

The person requesting the seizure of the aircraft submits the application for seizing the aircraft along with relevant documents and evidence to the court at the airport where the aircraft is requested to land.

The application for seizing the aircraft can be submitted before the aircraft lands at the airport. In this case, the flight schedule must be attached.

Article 17. Receiving Applications for Seizing Aircraft by Parties with Rights or Interests in the Aircraft

Upon receipt of the application for seizing the aircraft and accompanying documents and evidence, the court records it in the registry. The Chief Judge immediately assigns a Judge to handle the application.

Article 18. Considering Applications for Seizing Aircraft by Parties with Rights or Interests in the Aircraft

1. Within forty-eight hours from the time of receiving the application for seizing the aircraft and accompanying documents and evidence, the Judge must review the application and issue one of the following decisions:

a) Accept the application for seizing the aircraft if it is deemed to have sufficient conditions for issuing a decision to seize the aircraft, requiring the applicant to implement financial security measures for the seizure of the aircraft and pay the seizure fee;

b) Return the application for seizing the aircraft if it is deemed to lack sufficient conditions for issuing a decision to seize the aircraft or the resolution of the application does not fall under the jurisdiction of the court.

2. In the event of a decision to return the application for seizing the aircraft, the court must immediately provide or send the decision together with the application and accompanying documents and evidence to the person requesting the seizure of the aircraft.

Article 19. Complaints and Resolution of Complaints Regarding Decisions to Return Applications for Seizing Aircraft by Parties with Rights or Interests in the Aircraft

1. Within twenty-four hours from the time of receiving the decision to return the application for seizing the aircraft, the person requesting the seizure of the aircraft has the right to file a written complaint with the Chief Judge of the court that issued the decision to return the application.

2. Within twenty-four hours from the time of receiving the complaint regarding the decision to return the application for seizing the aircraft and accompanying documents and evidence, the Chief Judge of the court must review and issue one of the following decisions:

a) Maintain the decision to return the application for seizing the aircraft;

b) Revoke the decision to return the application for seizing the aircraft and retrieve the application and accompanying documents and evidence to proceed with accepting the application for seizing the aircraft.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 20. Decision to Seize Aircraft at the Request of Parties with Rights or Interests in the Aircraft

1. The Judge immediately issues a decision to seize the aircraft when the person requesting the seizure of the aircraft has implemented financial security measures, paid the seizure fee, and the aircraft has landed at the airport.

2. The decision to seize the aircraft must include the following contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Name, address, and nationality of the person requesting the seizure of the aircraft;

d) Rights and interests in the aircraft giving rise to the right to request the court to seize the aircraft;

đ) Nationality, registration number, type, and other characteristics of the aircraft requested to be seized, if applicable;

e) Name, address, and nationality of the owner, lessee, and operator of the aircraft;

g) The court's assessment and legal grounds for accepting the application;

h) Court decisions;

i) Seizure period;

k) The Civil Aviation Authority at the airport where the aircraft lands to execute the seizure of the aircraft.

3. The decision to seize the aircraft takes immediate effect, even in cases of complaints or objections.

4. The decision to seize the aircraft is handed over to the Director of the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office; sent to the Procuratorate at the same level, the person requesting the seizure of the aircraft, the owner of the aircraft, the lessee of the aircraft, the operator of the aircraft, related airlines; the Consular Department of the Ministry of Foreign Affairs in cases where the seized aircraft involves foreign elements.

5. In cases where the arrest of the aircraft cannot be carried out, the decision to arrest the aircraft remains effective for a period of twelve months from the date of issuance, except in cases where the person requesting the arrest of the aircraft requests the termination of the effectiveness of this decision.

Article 21. Complaints and resolution of complaints regarding decisions to arrest aircraft at the request of persons with rights and interests in the aircraft

1. The owner of the aircraft, the lessee of the aircraft, and the operator of the aircraft have the right to file a written complaint with the Chief Judge of the Court regarding the decision to arrest the aircraft. The complaint period is seven working days from the date of receipt of the decision to arrest the aircraft.

2. Within forty-eight hours from the time of receiving the complaint regarding the decision to arrest the aircraft, the Chief Judge of the Court must review and issue one of the following decisions:

a) Maintain the decision to arrest the aircraft;

b) Revoke the decision to arrest the aircraft.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 22. Suggestions and resolution of suggestions regarding decisions to arrest aircraft at the request of persons with rights and interests in the aircraft

1. The same-level Procuracy has the right to submit a written suggestion to the Chief Judge of the Court regarding the decision to arrest the aircraft. The suggestion period is forty-eight hours from the time the same-level Procuracy receives the Court's decision.

2. Within forty-eight hours from the time of receiving the suggestion regarding the decision to arrest the aircraft, the Chief Judge of the Court must review and issue one of the following decisions:

a) Maintain the decision to arrest the aircraft;

b) Revoke the decision to arrest the aircraft.

3. The decision resolving the suggestion of the Chief Judge of the Court is final and must be immediately sent to the Procuracy.

Article 23. Basis for releasing an arrested aircraft at the request of persons with rights and interests in the aircraft

1. An arrested aircraft will be released immediately upon the occurrence of any of the following bases:

a) The owner of the aircraft, the lessee of the aircraft, or the operator of the aircraft has implemented alternative security measures or completed their financial obligation which was the basis for the request to arrest the aircraft;

b) The financial obligation of the owner of the aircraft, the lessee of the aircraft, or the operator of the aircraft has been guaranteed by another party or there is a commitment letter from a reputable insurance organization. The Ministry of Finance publishes a list of reputable insurance organizations;

c) At the request of the person who requested the arrest of the aircraft;

d) The decision to arrest the aircraft has been revoked according to point b, Clause 2, Article 21 and point b, Clause 2, Article 22 of this Ordinance;

đ) The period for arresting the aircraft as decided by the Court has expired.

2. Alternative security measures are agreed upon by the parties. In cases where there is no agreement between the parties on the extent and form of alternative security measures, the Court decides on the extent and form of such measures, but it shall not exceed the value of the arrested aircraft or the financial obligation that was the basis for the arrest of the aircraft if the financial obligation is less than the value of the aircraft.

Article 24. Request to release an arrested aircraft

1. When any of the bases specified in points a, b, and c, Clause 1, Article 23 of this Ordinance occur, the owner of the aircraft, the lessee of the aircraft, the operator of the aircraft, the person who requested the arrest of the aircraft, and those with rights and interests in the aircraft have the right to request the release of the arrested aircraft.

2. A request to release an arrested aircraft must include the following contents:

a) Date of submission of the application;

b) Name of the Court issuing the decision to arrest the aircraft;

c) Name and address of the person requesting the release of the arrested aircraft;

d) Nationality, registration number, type, and other characteristics of the aircraft being requested to be released; airport where the arrest was made;

đ) Number, day, month, and year of the decision to arrest the aircraft;

e) Reason for requesting the release of the arrested aircraft.

Article 25. Procedure for handling requests to release an arrested aircraft

1. The person requesting the release of the arrested aircraft must send the request and accompanying documents and evidence to the Court that issued the decision to arrest the aircraft.

2. Immediately upon receipt of the request to release the arrested aircraft, the Chief Judge of the Court assigns a Judge to handle the matter of releasing the aircraft.

3. Within twenty-four hours from the time of receipt of the request to release the arrested aircraft and accompanying documents and evidence, if there is sufficient basis, the assigned Judge must issue a decision to release the aircraft; in cases where the request is returned, the Judge must notify the person requesting the release of the aircraft in writing and specify the reasons.

Article 26. Complaints and resolution of complaints regarding decisions to return requests to release an arrested aircraft

1. During the period the aircraft is arrested, from the time of receipt of the notification of returning the request to release the arrested aircraft as stipulated in Clause 3, Article 25 of this Ordinance, the person requesting the release of the aircraft has the right to file a written complaint with the Chief Judge of the Court regarding that decision.

2. Within twenty-four hours from the time of receipt of the complaint regarding the decision to return the request to release the arrested aircraft and accompanying documents and evidence, the Chief Judge of the Court must review and issue one of the following decisions:

a) Maintain the decision to return the request to release the arrested aircraft;

b) Revoke the decision to return the request to release the arrested aircraft and retrieve the request and accompanying documents and evidence to proceed with handling the request to release the arrested aircraft.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 27. Decision to release an arrested aircraft at the request of persons with rights and interests in the arrested aircraft

1. A decision to release an arrested aircraft at the request of persons with rights and interests in the aircraft must include the following contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Legal basis for the Court to issue a decision to release the arrested aircraft;

d) Nationality, registration number, type, and other characteristics of the aircraft being requested to be released; airport where the release will take place;

đ) Name, address, and nationality of the owner of the aircraft, the lessee of the aircraft, and the operator of the aircraft;

e) Reason for releasing the arrested aircraft;

g) Decisions of the Court;

h) Civil Aviation Authority implementing the release of the aircraft.

2. The decision to release an arrested aircraft takes immediate effect, even in cases of complaints or suggestions.

3. The decision to release the aircraft shall be delegated to the Director of the Civil Aviation Port Authority or the Head of the Civil Aviation Port Authority's Representative Office; it shall be sent to the same-level People's Procuracy, the person requesting the release of the aircraft, the person requesting the detention of the aircraft, the owner of the aircraft, the lessee of the aircraft, the operator of the aircraft, the related airline; the Consular Department of the Ministry of Foreign Affairs in cases where the detained aircraft involves foreign elements.

Article 28. Complaints and resolution of complaints regarding decisions to release detained aircraft at the request of persons with rights and interests in the aircraft.

1. Within twenty-four hours from the time of receiving the decision to release the detained aircraft, the person requesting the detention of the aircraft has the right to file a written complaint with the Chief Justice of the Court regarding that decision.

2. Within twenty-four hours from the time of receiving the complaint about the decision to release the detained aircraft and accompanying documents and evidence, the Chief Justice of the Court must review and issue one of the following decisions:

a) Maintain the decision to release the detained aircraft;

b) Revoke the decision to release the detained aircraft.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 29. Suggestions and resolution of suggestions regarding decisions to release detained aircraft at the request of persons with rights and interests in the aircraft.

1. The same-level People's Procuracy has the right to submit a written suggestion to the Chief Justice of the Court regarding the decision to release the detained aircraft. The deadline for submitting the suggestion is forty-eight hours from the time the same-level People's Procuracy receives the Court's decision.

2. Within forty-eight hours from the time of receiving the written suggestion about the decision to release the detained aircraft, the Chief Justice of the Court must review and issue one of the following decisions:

a) Maintain the decision to release the detained aircraft;

b) Revoke the decision to release the detained aircraft.

3. The decision resolving the suggestion of the Chief Judge of the Court is final and must be immediately sent to the Procuracy.

Article 30. Detaining the aircraft again at the request of persons with rights and interests in the aircraft.

1. An aircraft that has been released or had alternative security measures implemented cannot be detained again based on the same request from the person with rights and interests in that aircraft, except in the following cases:

a) The total value of the alternative security measures submitted is still insufficient to fulfill the property obligation;

b) The guarantor who undertakes to fulfill the property obligation on behalf of the aircraft owner, lessee, or operator does not fulfill or cannot fulfill part or all of the guaranteed property obligation.

2. An aircraft is not considered released if there is no decision to release the aircraft from the competent court or if the aircraft escapes from the place of detention, except in the cases provided for in point d and point đ of Clause 1, Article 23 of this Ordinance.

3. The procedure for detaining the aircraft again at the request of persons with rights and interests in the aircraft shall be carried out according to the procedure for detaining the aircraft prescribed in this Chapter.

Chapter III

PROCEDURE FOR DETAINING AND RELEASING AIRCRAFT TO ENFORCE CIVIL JUDGMENTS

Article 31. Right to Request Detention of Aircraft for Enforcement of Judgments

1. The judgment creditor has the right to request the court with jurisdiction as stipulated in Article 3 of this Ordinance to decide to detain the aircraft for enforcement of judgments.

Article 32. Grounds for Detaining Aircraft for Enforcement of Judgments

1. When there is a request to detain the aircraft for enforcement of judgments as prescribed in Article 31 of this Ordinance, the court decides to detain the aircraft in the following cases:

b) The debtor of the judgment is the owner of the aircraft at the time of the request to detain;

c) The enforcement obligation is to compensate for damages caused by that aircraft to the judgment creditor.

2. The court only decides to detain the aircraft for enforcement of judgments when the civil enforcement agency cannot apply other asset seizure measures or other coercive measures to enforce the judgment, except in the case provided for in point a of Clause 1 of this Article or when the debtor is abroad and has no assets in Vietnam.

3. The Supreme People's Court shall specify the detention of the aircraft in cases where the judgment debtor only has assets in the form of aircraft or ships in Vietnam.

Article 33. Application for Detaining Aircraft for Enforcement of Judgments

1. The person requesting the detention of the aircraft for enforcement of judgments must submit an application accompanied by a copy of the judgment or decision of the court or a copy of the decision of the Arbitration Tribunal.

2. The application for detaining the aircraft for enforcement of judgments must include the following contents:

a) Date of submission of the application;

b) Name of the civil enforcement agency receiving the application;

c) Name of the court receiving the application;

d) Name, address, and nationality of the person requesting the detention of the aircraft;

đ) Civil aviation port or airport where the aircraft lands;

e) Nationality, registration number, type, and other characteristics of the aircraft requested to be detained;

g) Name, address, and nationality of the aircraft owner, lessee, and operator;

h) Property obligation to be enforced according to the judgment or decision of the court or according to the arbitration award;

i) Reason for requesting the detention of the aircraft.

3. If the person requesting the detention of the aircraft for enforcement of judgments does not know accurately and fully the contents specified in point e and point g of Clause 2 of this Article, they should record what they know that is relevant to those issues.

Article 34. Submitting the Application for Detaining Aircraft and Accompanying Documents and Evidence for Enforcement of Judgments

The person requesting the detention of the aircraft submits the application for detaining the aircraft along with accompanying documents and evidence to the competent civil enforcement agency to transfer to the court with jurisdiction to decide on detaining the aircraft as stipulated in Article 3 of this Ordinance. The application for detaining the aircraft can be submitted before the aircraft lands at the civil aviation port or airport. In such cases, the flight schedule must be submitted together.

Article 35. Acceptance of Applications for Detaining Aircraft for Enforcement of Judgments

1. Immediately upon receipt of the application for detaining the aircraft and accompanying documents and evidence, the civil enforcement agency must record in the receipt book and issue a document transferring the application, accompanying documents, and evidence to the court with jurisdiction to decide on detaining the aircraft as stipulated in Article 3 of this Ordinance. In the document transferring the application, the civil enforcement agency must clearly state the reason why other asset seizure measures or coercive measures cannot be applied to enforce the judgment.

2. Immediately upon receiving the transferred petition document from the civil enforcement agency along with the request for arrest of aircraft and accompanying evidence, the Court must record it in the registry. The Chief Judge of the Court shall immediately assign a Judge to handle the petition.

Article 36. Examination of the Request for Arrest of Aircraft for Enforcement

1. Within forty-eight hours from the time of receipt of the transferred petition document, the request for arrest, and accompanying evidence, the Judge must examine the petition and issue one of the following decisions:

a) Accept the request for arrest of aircraft if it is found that there are sufficient conditions to issue an arrest decision, and require the petitioner to pay the arrest fee.

b) Return the application for seizing the aircraft if it is deemed to lack sufficient conditions for issuing a decision to seize the aircraft or the resolution of the application does not fall under the jurisdiction of the court.

2. In the case where the decision is made to return the request for arrest of aircraft for enforcement, the Court must send the decision to the competent civil enforcement agency; deliver or send the decision together with the request for arrest and accompanying evidence to the person requesting the arrest of the aircraft.

Article 37. Complaints and Resolution of Complaints Regarding Decisions to Return Requests for Arrest of Aircraft for Enforcement

1. Within twenty-four hours from the time of receipt of the decision to return the request for arrest of aircraft for enforcement, the petitioner has the right to file a complaint in writing with the Chief Judge of the Court regarding that decision.

2. Within twenty-four hours from the time of receipt of the complaint about the decision to return the request for arrest of aircraft for enforcement and accompanying evidence, the Chief Judge of the Court must examine and issue one of the following decisions:

a) Maintain the decision to return the application for seizing the aircraft;

b) Revoke the decision to return the request for arrest of aircraft and retrieve the request for arrest and accompanying evidence to proceed with accepting the arrest of the aircraft.

3. The decision resolving the complaint of the Chief Judge is final and must be sent immediately to the complainant.

Article 38. Decision on Arrest of Aircraft for Enforcement

1. The Judge shall immediately issue a decision to arrest the aircraft when the petitioner has paid the arrest fee and the aircraft has landed at the airport.

2. The decision to seize the aircraft must include the following contents:

a) Date of submission of the application;

b) Name of the civil enforcement agency receiving the application;

c) Name of the court receiving the application;

d) Name, address, and nationality of the person requesting the detention of the aircraft;

d) Nationality, registration number, type of aircraft, and other characteristics if any of the aircraft requested to be arrested; airport where the aircraft lands;

e) Name, address, and nationality of the owner, lessee, and operator of the aircraft;

g) Property obligation to be enforced according to the judgment or decision of the Court or the arbitral award;

h) The Court's assessment and legal grounds for accepting the request;

i) Decisions of the Court.

3. The decision to seize the aircraft takes immediate effect, even in cases of complaints or objections.

4. The decision to arrest the aircraft shall be handed over to the Director of the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office; sent to the same-level Procuratorate, the civil enforcement agency, the person requesting the arrest of the aircraft, the owner of the aircraft, the lessee of the aircraft, the operator of the aircraft, the related airline; the Consular Department of the Ministry of Foreign Affairs in cases where the arrested aircraft involves foreign elements.

5. In cases where the arrest of the aircraft cannot be carried out, the decision to arrest the aircraft remains effective for a period of twelve months from the date of issuance, except in cases where the person requesting the arrest of the aircraft requests the termination of the effectiveness of this decision.

Article 39. Complaints and Resolution of Complaints Regarding Decisions to Arrest Aircraft for Enforcement

1. Within forty-eight hours from the time of receipt of the Court's decision to arrest the aircraft, the person subject to enforcement, the owner of the aircraft, the operator of the aircraft, the lessee of the aircraft have the right to file a complaint in writing with the Chief Judge of the Court regarding that decision.

2. Within forty-eight hours from the time of receipt of the complaint about the decision to arrest the aircraft for enforcement, the Chief Judge of the Court must examine and issue one of the following decisions:

a) Maintain the decision to arrest the aircraft;

b) Revoke the decision to arrest the aircraft.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 40. Suggestions and Resolution of Suggestions Regarding Decisions to Arrest Aircraft for Enforcement

1. The same-level Procuratorate has the right to make suggestions in writing to the Chief Judge of the Court regarding the decision to arrest the aircraft for enforcement. The suggestion period is forty-eight hours from the time the same-level Procuratorate receives the Court's decision.

2. Within forty-eight hours from the time of receipt of the suggestion about the decision to arrest the aircraft for enforcement, the Chief Judge of the Court must examine and issue one of the following decisions:

a) Maintain the decision to arrest the aircraft;

b) Revoke the decision to arrest the aircraft.

3. The decision resolving the suggestion of the Chief Judge of the Court is final and must be immediately sent to the Procuracy.

Article 41. Grounds for Release of Aircraft Being Held for Enforcement

1. The person subject to enforcement has fully performed the enforcement obligation.

2. The person subject to enforcement has implemented alternative security measures; the property obligation of the person subject to enforcement has been guaranteed by another party to perform. In these cases, the consent of the person entitled to enforcement must be obtained.

Article 42. Request for Release of Aircraft Being Held for Enforcement

1. When one of the grounds prescribed in Article 41 of this Ordinance exists, the owner of the aircraft, the lessee of the aircraft, the operator of the aircraft, the person who requested the arrest of the aircraft, and those with rights and interests related to the matter have the right to request the release of the aircraft being held for enforcement.

2. A request to release an arrested aircraft must include the following contents:

a) Date of submission of the application;

b) Name of the Court issuing the decision to arrest the aircraft;

c) Name and address of the person requesting the release of the arrested aircraft;

d) Nationality, registration number, type, and other characteristics of the aircraft being requested to be released; airport where the arrest was made;

đ) Number, day, month, and year of the decision to arrest the aircraft;

e) Reason for requesting the release of the arrested aircraft.

Article 43. Procedure for handling requests to release an arrested aircraft

1. The person requesting the release of the arrested aircraft must send the request and accompanying documents and evidence to the Court that issued the decision to arrest the aircraft.

2. Immediately upon receipt of the request to release the arrested aircraft, the Chief Judge of the Court assigns a Judge to handle the matter of releasing the aircraft.

3. Within twenty-four hours from the time of receipt of the request to release the arrested aircraft and accompanying documents and evidence, if there is sufficient basis, the assigned Judge must issue a decision to release the aircraft; in cases where the request is returned, the Judge must notify the person requesting the release of the aircraft in writing and specify the reasons.

Article 44. Complaints and Resolution of Complaints Regarding Decisions to Return Requests for Release of Aircraft Being Held for Enforcement

1. Within twenty-four hours from the time of receipt of the notice returning the request for release of aircraft being held for enforcement, the person requesting the release of the aircraft has the right to file a complaint in writing with the Chief Judge of the Court regarding that decision.

2. Within twenty-four hours from the time of receipt of the complaint about the decision to return the request for release of the aircraft and accompanying evidence, the Chief Judge of the Court must examine and issue one of the following decisions:

a) Maintain the decision to return the request for release of the aircraft;

b) Revoke the decision to return the request for release of the aircraft and retrieve the request for release and accompanying evidence to proceed with accepting the request for release of the aircraft being held.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 45. Decision on Release of Aircraft Being Held for Enforcement

1. The decision to release the aircraft being held must include the following contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) Legal basis for the Court to issue a decision to release the arrested aircraft;

d) Nationality, registration number, type of aircraft, and other characteristics if any of the aircraft requested to be released;

đ) Name, address, and nationality of the owner of the aircraft, the lessee of the aircraft, and the operator of the aircraft;

e) Reason for releasing the arrested aircraft;

g) Decisions of the Court;

h) Civil Aviation Authority where the aircraft being held implements the release of the aircraft.

2. The decision to release an arrested aircraft takes immediate effect, even in cases of complaints or suggestions.

3. The decision to release the aircraft shall be handed over to the Director of the Civil Aviation Authority or the Head of the Civil Aviation Authority's Representative Office; sent to the same-level Procuratorate, the civil enforcement agency, the person requesting the release of the aircraft, the person requesting the arrest of the aircraft, the owner of the aircraft, the lessee of the aircraft, the operator of the aircraft, the related airline; the Consular Department of the Ministry of Foreign Affairs in cases where the arrested aircraft involves foreign elements.

Article 46. Complaints and Resolution of Complaints Regarding Decisions to Release Aircraft Being Held for Enforcement

1. Within twenty-four hours from the time of receiving the decision to release the detained aircraft, the person requesting the detention of the aircraft has the right to file a written complaint with the Chief Justice of the Court regarding that decision.

2. Within twenty-four hours from the time of receiving the complaint about the decision to release the detained aircraft and accompanying documents and evidence, the Chief Justice of the Court must review and issue one of the following decisions:

a) Maintain the decision to release the aircraft;

b) Revoke the decision to release the aircraft.

3. The decision resolving the complaint by the Chief Judge of the court is final and must be immediately sent to the complainant.

Article 47. Petitions and handling petitions regarding decisions to release aircrafts seized for enforcement of judgments

1. The same-level People's Procuracy has the right to submit a written suggestion to the Chief Justice of the Court regarding the decision to release the detained aircraft. The deadline for submitting the suggestion is forty-eight hours from the time the same-level People's Procuracy receives the Court's decision.

2. Within forty-eight hours from the time of receiving a petition concerning a decision to release an aircraft that has been seized, the Chief Justice of the Court must examine and issue one of the following decisions:

a) Maintain the decision to release the aircraft;

b) Revoke the decision to release the aircraft.

3. The decision resolving the suggestion of the Chief Judge of the Court is final and must be immediately sent to the Procuracy.

Chapter IV

IMPLEMENTING PROVISIONS

Article 48. Effective Date

This Ordinance takes effect from January 1, 2011.

Article 49. Guidance on Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall, within their respective functions, tasks, and powers, provide detailed regulations and guidance on implementing the Articles and Clauses assigned in this Ordinance; provide necessary guidance on other contents to meet the requirements of state administration.