Decree No. 25/2000/NĐ-CP On Civil Aviation Activities Management in Vietnam

DECREE OF THE GOVERNMENT

Regarding the management of civil aviation activities in Vietnam

 

GOVERNMENT

Pursuant to the Law on Government Organization dated September 30, 1992;

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

At the proposal of the Director of the Civil Aviation Administration of Vietnam,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1.This Decree applies to:

1. Civil aviation activities of Vietnamese aircraft, foreign aircraft within the territory of the Socialist Republic of Vietnam;

2. Civil aviation activities of Vietnamese aircraft, foreign aircraft in areas of notified airspace managed by Vietnam;

3. Other civil aviation activities as prescribed in this Decree.

Article 2.All civil aviation activities in Vietnam shall be conducted on the basis of respecting the principle of full and exclusive sovereignty over the airspace above the territory of the Socialist Republic of Vietnam and may only be carried out with permission granted by the competent authority of Vietnam.

 Article 3. In this Decree, the following terms are understood as follows:

1."Civil aviation activities include flights arriving at, departing from, passing through, and operating within the territory of Vietnam, including:

a) Flights of civil aircraft;

b) Flights of state aircraft for civilian purposes or operating within the air traffic control area as defined in Clause 1, Article 46 of the Civil Aviation Law of Vietnam;

c) Charter flights.

2." Aircraftincludes airplanes, gliders, balloons, and similar devices capable of being sustained and moved in the atmosphere by interaction with the air;

3."Civil aircraftmeans aircraft specifically used for civilian purposes, including passenger and cargo transportation, mail and parcel delivery; serving economic activities, scientific research; cultural-social, sports, medical, search and rescue operations, and other civilian activities;

4."State aircraftmeans aircraft of the armed forces, customs, and other state agencies specifically used for official purposes;

5."Air traffic control areaincludes air routes specified in Clause 1, Article 46 of the Civil Aviation Law of Vietnam and other areas as defined in the airport flight regulations;

6."International flightmeans a flight crossing the territory of two or more countries, including regular and non-regular flights. A regular flight is a commercial flight providing public service according to published schedules or regularly scheduled systems. A non-regular flight is not a regular flight;

7."Military flightmeans a flight conducted by state aircraft or civil aircraft for military purposes or having military characteristics;

8."Charter flightmeans a flight of Vietnam or a foreign country used entirely separately or combined with commercial transport and confirmed or announced by the competent authority to serve charter purposes;

9."URGENT SITUATIONmeans a situation when an aircraft in flight encounters technical difficulties, adverse weather conditions, or threats to the safety and security of the flight to such an extent that part of the flight plan must be changed to ensure the safety of the flight;

10."Flight permitmeans a document or instruction issued by the competent authority granting permission for aircraft to conduct flights, including the conditions and limitations of the permitted flight activities;

 

Chapter II

ISSUANCE AND MANAGEMENT OF FLIGHT PERMITS

Article 4.

1. The Ministry of Foreign Affairs issues flight permits for foreign charter flights carrying guests of the Party, National Assembly, State, Government, and the Minister of Foreign Affairs of the Socialist Republic of Vietnam, and escort or advance flights accompanying those charter flights conducting civil aviation activities in Vietnam.

2. The Ministry of Foreign Affairs is responsible for notifying the Ministry of Defense and the Civil Aviation Authority of Vietnam about the issued flight permits to ensure close coordination in managing the implementation of flight permits.

Article 5.

1. The Ministry of Defense issues flight permits for military flights of Vietnam or foreign countries conducting civil aviation activities in Vietnam.

2. The Ministry of Defense is responsible for notifying the Civil Aviation Authority of Vietnam about the issued flight permits to implement, coordinate management, and control the flights.

Article 6.

1. The Civil Aviation Authority of Vietnam issues flight permits for the following civil aviation activities in Vietnam:

a) Flights of Vietnamese and foreign civil aircraft for civilian purposes;

b) Charter flights of Vietnam; escort or advance flights accompanying those charter flights;

c) Charter flights of foreign countries not falling under the provisions of Article 4 of this Decree; escort or advance flights accompanying those charter flights;

d) Flights of Vietnamese and foreign state aircraft not falling under the provisions of Articles 4 and 5 of this Decree.

2. The Civil Aviation Authority of Vietnam is responsible for implementing the issued flight permits as stipulated in Clause 1 of this Article, Article 4, and Article 5 of this Decree to relevant authorities and units to manage and control the flights; monitor and inspect the implementation of flight permits.

Article 7.

1. Based on the nature of the activity, the Civil Aviation Authority of Vietnam specifies the types of flights at Point a, Clause 1, Article 6 of this Decree, and the procedures for implementing issued flight permits.

2. The Director of the Civil Aviation Authority of Vietnam may delegate authority to subordinate units to issue permits when immediate intervention or rapid air traffic control services are required due to urgent circumstances.

3. The Civil Aviation Authority of Vietnam prescribes procedures for receiving notifications and managing, controlling, and directing flights through notified airspace managed by Vietnam as assigned by the International Civil Aviation Organization (ICAO).

Article 8.

1. The following flights may only be issued permits after obtaining the consent of the Ministry of Defense:

a) Flights of civil aircraft, state aircraft for civilian purposes or operating within the air traffic control area of civil aviation landing or taking off at airports, non-commercial airports, and civil airports;

b) Cargo-carrying flights;

c) Training and demonstration flights;

d) Flights conducted in restricted areas and no-fly zones, danger areas;

đ) Film and photography flights;

e) Helicopter flights;

g) Low-level flights;

h) Flights outside airways;

i) Flights of foreign state aircraft;

k) Foreign medical flights;

l) International civil flights landing or taking off at domestic airports.

2. Foreign VIP flights landing at or taking off from domestic civil airports shallonly be permitted upon agreement of the Ministry of National Defense and theVietnam Civil Aviation Authority.

Article 9.

1. The issuance of permits for regular international flights must be based on andconsistent with the conditions stipulated in air service agreements andarrangements concluded between Vietnam and relevant foreign countries, as well asthe laws of Vietnam.

2. The issuance of permits for non-regular international flights must considercommercial factors, aviation safety, security, national defense, and relatedVietnamese legal provisions.

3. The issuance of flight permits must be based on the capacity of the airport.

Article 10.

1. The issuing authority may amend or revoke flight permits for the followingreasons:

a) Security and national defense;

b) Safety of the flight;

c) Public order and public interest;

d) Protection of state interests;

e) In accordance with the provisions of air service agreements and arrangementsconcluded between Vietnam and foreign countries;

g) The applicant provides false information or engages in other deceptive acts.

Amendments or revocations of flight permits must be notified to the applicantwithin the prescribed time frame.

2. In the event of voluntarily canceling a flight that has been granted permission,the applicant must notify the issuing authority before the scheduled departuretime.

Article 11. The applicant must bear responsibility for the legality of the followingdocuments:

1. Aircraft operator certificates, maintenance and repair certificates;

2. Aircraft registration certificates, airworthiness certificates, noise certificates,radio communication operation licenses;

3. Licenses and certificates of flight crew members and persons involved in aircraftoperation, maintenance, and repair.

Article 12.The Vietnam Civil Aviation Authority shall take the lead in coordinating with theMinistry of National Defense and the Ministry of Foreign Affairs to establish andguide procedures for issuing, amending, supplementing, or revoking flightpermits for various types of flights.

Article 13.

1. The applicant must pay fees as prescribed by law.

2.The Ministry of Finance shall take the lead in coordinating with the VietnamCivil Aviation Authority to establish regulations on the collection and use offlight permit fees.

 

Chapter III

IMPLEMENTATION OF FLIGHT PERMITS

Article 14.Aircraft conducting civil aviation activities in Vietnam must:

1. Comply with Vietnamese laws and international treaties to which Vietnam is aparty; fly along designated air routes, airspace areas, entry points, and exitpoints;

2. Maintain continuous communication with Vietnamese air traffic controlauthorities;

3. Obey the direction, supervision, and guidance of Vietnamese air trafficcontrol authorities;

4. Land and take off at airports specified in the flight permit.

Article 15.

1. The aircraft commander, representative of the aircraft operator, or carrier hasthe responsibility to complete the required procedures for the flight asprescribed by law.

2. The aircraft can only depart with the authorization of the air traffic controlauthority at the airport and must follow the approved flight plan.

Article 16.

1. The flight crew must promptly contact and report to Vietnamese air trafficcontrol authorities for guidance and assistance in the following situations:

a) Due to objective reasons, the aircraft cannot fly the intended route or airway;

b) Due to objective reasons, the aircraft cannot land at the designated airport inthe flight permit;

c) An emergency landing situation arises within Vietnamese territory;

d) Other urgent situations.

In these situations, the flight crew must follow the guidance of Vietnamese airtraffic control authorities and other competent authorities.

2. Civil aviation management agencies and airspace management agencies of theMinistry of National Defense must promptly inform each other and implementcooperative measures to provide priority assistance, guidance, and control ofaircraft in the following cases:

a) As provided in Points a, b, c, and d of Clause 1 of this Article;

b) When the aircraft loses communication or the flight crew loses control of theaircraft.

 

Chapter IV

INSPECTION AND SUPERVISION OF FLIGHT IMPLEMENTATION

Article 17.

1. Aircraft may be temporarily detained or prevented from departing in thefollowing circumstances:

a) Violation of flight procedure regulations, establishment, implementation offlight plans, and execution of flight permits;

b) Violation of legal provisions regarding documents and materials related toaircraft operation, maintenance, and repair;

c) Violation of aviation safety and security inspection procedures;

d) Flight shows signs of threatening aviation safety and security;

e) Pursuant to the order of a competent authority.

2. Any agency or individual ordering the detention of an aircraft or prevention ofdeparture contrary to the law must compensate the aircraft operator or carrieraccording to the law.

Article 18.

1. Upon the order of a competent authority, the air traffic control agency hassuch responsibility to require an aircraft that has departed to return to theairport, detain it, or prevent its departure.

2. In cases where ensuring flight safety requires it, the air traffic control agencymay not require the aircraft to return as stipulated in Clause 1 of this Article butmust immediately notify the agency that ordered the aircraft to return.

3. Any agency or individual ordering the aircraft to return contrary to the law asstipulated in Clause 1 of this Article must compensate the aircraft operator orcarrier according to the law.

Article 19.

1. An aircraft may be intercepted or forced to land at a designated location forinvestigation, handling, or application of necessary measures as prescribed bylaw in the following circumstances:

a) Intrusion into Vietnamese airspace;

b) Violation of national security;

c) Serious violation of civil aviation laws and regulations;

d) Intentional non-compliance with orders of air traffic control authorities.

2. The Ministry of National Defense shall take the lead in coordinating with theVietnam Civil Aviation Authority to establish procedures for interception andforced landing of aircraft.

Article 20.

1. The aircraft operator must bear responsibility for compensation for damagespursuant to Vietnamese law if the aircraft in flight causes damage to the lives,health, or property of third parties on the ground in Vietnamese territory or toVietnamese citizens or legal entities in waters under Vietnam's sovereignty andjurisdiction, or in areas beyond the jurisdiction of any country.

2. In cases where compensation for damages is required under the provisions of Clause 1 of this Article, the aircraft user who is a Vietnamese citizen or legal entity shall be entitled to the limit of civil liability applicable to foreign individuals and organizations as stipulated in the Civil Aviation Law of Vietnam.

 

Chapter V

IMPLEMENTING PROVISIONS

Article 21.

1. The Department of Civil Aviation of Vietnam shall have the following responsibilities:

a) Managing, inspecting, and supervising air traffic control operations, flight activities within civil aviation control areas, at civil airports, and in Vietnamese-controlled airspace notification areas;

b) Notifying the Ministry of National Defense and other competent state agencies about factors related to flight safety and civil aviation security; violations of Vietnamese regulations on air traffic management and control; and violations of international civil aviation treaties to which Vietnam is a party;

2. The Ministry of National Defense shall have the following responsibilities:

a) Managing, monitoring, and ensuring the safety and regularity of all flight activities within the territory of Vietnam;

b)AImplementing necessary measures as prescribed by law to prevent and handle violations of regulations concerning airspace utilization, flight regimes, and flight safety;

c) Managing and monitoring aerial photography activities in accordance with laws on national defense and security;

Article 22.Organizations and individuals violating the provisions of this Decree shall be subject to legal sanctions according to the severity of their violations;

Article 23.This Decree shall take effect fifteen days from the date of signature and shall replace Decree No. 111/HĐBT dated July 2, 1988, issued by the Council of Ministers regarding regulations for foreign aircraft flying to, from, within, and through the airspace of the Socialist Republic of Vietnam, and shall nullify previous regulations that conflict with this Decree.

Article 24.Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.