Law on Civil Aviation No. 63-LCT/HĐNN8

LAW

VIETNAM CIVIL AVIATION

 

PART I

GENERAL PROVISIONS

 

PART 1

OBJECTIVES, SCOPE AND SUBJECTS

Article 1

1- This Law regulates legal relations concerning civil aviation activities aimed at ensuring aviation safety, effectively exploiting aviation potentials, contributing to economic development, expanding international exchanges and cooperation.

Civil aviation activities referred to in this Law include those activities intended for using aircraft for purposes of passenger and baggage transportation, cargo, mail and parcel delivery, serving other economic activities, scientific research, cultural, sports, medical activities, search and rescue operations, and other civilian activities.

2- For legal relations concerning civil aviation activities not regulated by this Law, corresponding provisions of other laws of Vietnam shall apply.

Article 2

Organizations and individuals from all economic sectors permitted to engage in air business operations are equal before the law. The State encourages foreign organizations and individuals, overseas Vietnamese to cooperate and invest in the field of civil aviation in Vietnam on the basis of respecting Vietnam's independence, sovereignty, and laws.

Article 3

1- This Law applies to:

a) Civil aviation activities of Vietnam within the territory of Vietnam;

b) Civil aviation activities of Vietnam outside the territory of Vietnam, unless otherwise provided by the laws of the host country;

c) Civil aviation activities of foreign countries in Vietnam in cases specified by this Law.

2- This Law does not apply to aircraft of armed forces, customs, and other aircraft exclusively used for state official purposes as prescribed by the Council of Ministers, hereinafter referred to as state official aircraft, except when they are used for civilian purposes or in other cases specified by this Law.

Article 4

1- If an international treaty to which Vietnam is a party provides differently from this Law, then the international treaty shall apply.

2- Vietnamese organizations and individuals may agree with foreign organizations and individuals to apply foreign law when concluding air transport and service contracts, provided that such agreements do not violate prohibitions under Vietnamese law and customs.

3- Foreign law may be applied in Vietnam to resolve disputes arising from civil aviation activities in cases prescribed by Vietnamese law or agreed upon in contracts, provided that such application does not contravene public order and public interest in Vietnam.

Article 5

1- The law of the state where the aircraft is registered shall govern legal relations arising during flight.

2- In case of conflict of laws, the following principles shall apply:

a) Rights of ownership over aircraft shall be determined according to the law of the state where the aircraft is registered;

b) The form of the contract transferring ownership of aircraft shall be determined according to the law of the state where the contract is concluded;

c) Compensation for salvage services shall be resolved according to the law of the state where the salvaged aircraft is registered;

d) Disputes arising from collisions or interference between aircraft in flight or damage caused by aircraft in flight to third parties on the ground shall be resolved according to the law of the state where the incident occurred.

PART 2

STATE MANAGEMENT OF CIVIL AVIATION

Article 6

1- State management of civil aviation includes:

a) Formulating planning and development plans for the civil aviation industry;

b) Enacting legal regulations on civil aviation; signing, participating in, and ensuring implementation of international treaties on aviation;

c) Establishing and managing the operation of air routes;

d) Registering aircraft, civil airports, and airfields;

e) Establishing and managing civil airports and airfields; managing equipment and facilities serving air traffic; air transportation;

g) Issuing, suspending, amending, revoking, or canceling certificates, licenses, permits, and other documents related to civil aviation activities;

h) Organizing search and rescue operations and investigating aviation accidents;

i) Organizing and ensuring aviation security and safety;

k) Inspecting, supervising, and imposing administrative penalties for violations in civil aviation activities;

l) International cooperation in the field of civil aviation.

2- The Council of Ministers exercises unified state management over civil aviation.

The Ministry of Transport and Posts performs specialized state management functions in civil aviation.

, Clause 1, Clause 2 Article 7a of this Regulation.

1- All civil aviation activities within the territory of Vietnam must comply with Vietnamese laws regarding airspace usage.

2- Foreign civil aircraft may only fly over Vietnamese airspace based on signed air service agreements with the Government of the Socialist Republic of Vietnam or special permission granted for non-scheduled flights.

PART II

AIRCRAFT

 

PART 1

REGISTRATION AND NATIONALITY

Article 8

1- Aircraft referred to in this Law include airplanes, gliders, airships, and similar devices capable of being sustained in the atmosphere through interaction with air.

Civil aircraft referred to in this Law are aircraft specifically engaged in civilian purposes.

2- When flying over Vietnamese airspace, aircraft must be registered and marked with nationality and registration marks in accordance with the laws of the state where the aircraft is registered.

Article 9

1- Aircraft owned by Vietnamese citizens residing in Vietnam and Vietnamese legal entities with their main operational headquarters in Vietnam are permitted to register in Vietnam.

Aircraft of legal entities with foreign investment capital may be registered in Vietnam in accordance with regulations of the Council of Ministers.

2- Aircraft can only be registered in Vietnam if they are no longer registered abroad.

Article 10

1- Vietnamese civil aircraft must be registered in the Vietnamese Civil Aircraft Register.

After registration in the Vietnamese Civil Aircraft Register, the aircraft will acquire Vietnamese nationality and be issued a certificate of registration for Vietnamese civil aircraft.

2- The Vietnamese Civil Aircraft Register is publicly opened.

3- The Minister of Transport and Posts establishes the Vietnamese Civil Aircraft Register; prescribes registration procedures; and specifies the marking of nationality and registration marks for Vietnamese civil aircraft.

Article 11

Vietnamese civil aircraft shall be deregistered in the following cases:

1- Damage rendering it unfit for use;

2- Transfer of ownership;

3- Declared missing;

4- No longer meeting the conditions to be registered as a civil aircraft in Vietnam under Vietnamese law.

PART 2

QUALIFICATIONS FOR FLIGHT

Article 12

When flying over Vietnamese airspace, aircraft must hold a certificate of qualification issued or recognized as compliant with the laws of the state where the aircraft is registered and in accordance with standards recognized by Vietnam.

Article 13

The use of radio equipment on foreign aircraft operating within Vietnam's territory must comply with Vietnamese regulations governing the use of such equipment.

Article 14

1- Organizations and individuals engaged in maintenance, repair, or testing of aircraft, engines, and equipment installed on aircraft must obtain permission from the competent state authorities.

2- Aircraft, engines, and equipment installed on aircraft produced in Vietnam must comply with Vietnamese laws regarding standards and may only be used for aviation purposes upon obtaining a usage permit.

Article 15

The issuance, extension, revocation, and cancellation of certificates of qualification, repair permits, maintenance permits, testing permits for aircraft, usage permits for aircraft, engines, equipment produced in Vietnam; the installation of radio equipment on Vietnamese civil aircraft and the use of radio equipment on civil aircraft operating within Vietnam’s territory shall be regulated by the Minister of Transport and Posts.

PART 3

DOCUMENTS AND MATERIALS CARRIED ONBOARD AIRCRAFT

Article 16

1- Each civil aircraft in operation must carry the following documents and materials:

a) Aircraft registration certificate;

b) Certificate of qualification;

c) Licenses and certificates of crew members;

d) Flight logbook;

e) Radio equipment usage permit if installed;

g) Flight manual;

h) Passenger list, in case of passenger transport;

i) Cargo manifest, in case of cargo transport.

Based on the type and mission of the flight, the Minister of Transport and Posts shall specify exemptions from carrying certain documents and materials as provided in this clause.

2- Documents and materials carried on foreign civil aircraft must comply with the laws of the state where the aircraft is registered.

3- Competent state management agencies of Vietnam, within their functions and duties prescribed by law, have the right to inspect documents and materials carried on Vietnamese and foreign civil aircraft.

PART 4

RIGHTS OF OWNERSHIP OF AIRCRAFT

Article 17

The transfer of ownership, pledge, or mortgage of Vietnamese civil aircraft must comply with Vietnamese law.

Article 18

A contract for the transfer of ownership of Vietnamese civil aircraft must be in writing and only becomes effective upon registration in the Civil Aircraft Register.

Article 19

1- Pledging or mortgaging aircraft must be in writing and only becomes effective upon registration in the Civil Aircraft Register.

In cases where an aircraft is pledged or mortgaged to multiple creditors, the order of pledge or mortgage is determined by the time of registration.

2- Registration of pledge or mortgage can only be canceled through a written agreement between the parties or by a court decision.

3- After priority debts have been paid, creditors who have registered pledges or mortgages will be repaid according to the order of registration.

Article 20

Priority debts are settled in the following order:

a) court fees and costs for enforcement;

b) salvage wages for aircraft;

c) special costs for preserving the aircraft.

2- Debts within the same group as mentioned in points b and c, Clause 1 of this Article, shall be settled in reverse chronological order of the occurrence of the debt.

Article 21

If a pledged or mortgaged aircraft is declared missing or severely damaged and insured, the creditors who have registered pledges or mortgages shall benefit from the insurance proceeds.

Article 22

1- The Director of the Air Traffic Control Office has the authority to decide on temporary detention or implement temporary detention of aircraft at the request of other competent state management agencies, including foreign civil aircraft, if the aircraft violates the law. The detention period shall not exceed 48 hours from the time of detention.

2- Provincial People's Courts or municipal people's courts directly under the central government have the authority to order the seizure of aircraft, including foreign civil aircraft, at the request of a creditor or in cases where the aircraft causes damage to third parties while in flight, at the request of the victim or others with rights and interests as stipulated by law. Seizure may apply to any aircraft belonging to the same owner.

Seizure of aircraft must cease in the following circumstances:

a) All debts have been fully paid;

b) A sum of money has been deposited;

c) The party requesting seizure has requested to terminate the seizure.

3- If the request for seizure or temporary detention lacks grounds or contravenes the law, the party requesting seizure or the party deciding on temporary detention of the aircraft shall bear responsibility for compensating for damages caused to the operator or carrier.

CHAPTER III

AIRPORTS, AIRFIELDS

 

PART 1

GENERAL PROVISIONS

Article 23

1- An airport referred to in this Law is a complex of facilities including an airfield, terminal building, and necessary ground installations and equipment used for aircraft takeoff and landing, and the provision of air transportation services.

An airfield referred to in this Law is a defined area on land or water constructed to ensure aircraft takeoff, landing, and movement.

Airports have adjacent areas to ensure safety for flight operations and residents in those areas.

The Council of Ministers shall issue regulations on adjacent areas of airports.

2- Aircraft may take off and land at legally established airports, except in cases of forced landing.

3- Vietnamese civil aircraft and foreign civil aircraft conducting international flights are only permitted to take off and land at airports open for international air traffic; in cases of taking off and landing at domestic airports, permission from the Chairman of the Council of Ministers is required.

International flights referred to in this Law are flights conducted over the territory of two or more countries.

"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 port charges for airports shall be prescribed by the Council of Ministers.

PART 2

ESTABLISHMENT OF AIRPORTS AND AIRFIELDS

Article 25

1\. The establishment, expansion, or renovation of airports and airfields, and the opening of airports and airfields for international air traffic must have the approval of the Chairman of the Council of Ministers.

The permit must clearly specify the boundaries, adjacent areas of the airport and airfield, and the conditions for establishment in each specific case.

The Chairman of the Council of Ministers decides to temporarily suspend the operation of airports and airfields.

In cases of necessity, temporary take-off and landing strips may be established according to the regulations of the Council of Ministers.

2\. Airports and airfields must be registered in the Civil Airport Register of Vietnam.

The Minister of Transport and Posts establishes the Civil Airport Register of Vietnam.

3\. Within the area of airports and airfields, it is strictly prohibited to construct buildings, install equipment, plant trees, or graze livestock that could cause safety hazards or interfere with flight operations.

PART 3

LICENSE FOR OPERATING AIRPORTS AND AIRFIELDS

Article 26

1\. Airports and airfields can only be granted operating licenses if they meet the following conditions:

a) Organizations or individuals applying for an operating license for airports and airfields must fully satisfy the professional, operational, equipment, and other necessary conditions to ensure aviation safety;

b) The technical standards of airports and airfields and their surrounding areas must ensure safety for aircraft operations.

2\. Operating licenses are valid for the period specified in the license and may be renewed or reissued.

3\. Operating licenses may be revoked or canceled in the following cases:

a) Organizations or individuals holding the license no longer meet the conditions stipulated in Clause 1 of this Article;

b) Airports and airfields cease operations or stop operations for a period prescribed by law, or continue operations while posing dangers to flight activities.

4\. The Minister of Transport and Posts issues, extends, revokes, or cancels operating licenses.

PART 4

STATE MANAGEMENT AT AIRPORTS AND AIRFIELDS

Article 27

1\. The state management agency for civil aviation at airports and airfields is the Civil Aviation Port Authority, headed by the Director of the Civil Aviation Port Authority.

The Director of the Civil Aviation Port Authority is responsible for coordinating the activities of other competent state management agencies at airports and airfields; ensuring public order and environmental hygiene.

2\. The Council of Ministers prescribes the organization, tasks, and powers of the Civil Aviation Port Authority and promulgates regulations on the coordination of activities of specialized state management agencies at airports and airfields.

Specialized state management agencies operating regularly at airports and airfields shall be provided with appropriate workspaces within the airports and airfields according to designs approved by competent state management authorities.

Article 28

1\. Construction, renovation of facilities, installation of equipment, or planting of trees in the vicinity of airports and airfields must not affect the safety of airports and airfields and must comply with the regulations of the Council of Ministers.

2\. The Director of the Civil Aviation Port Authority has the right to inspect and monitor the implementation of safety regulations in the vicinity of airports and airfields; to halt construction, renovation of facilities, installation of equipment, or planting of trees in the vicinity of airports and airfields that pose risks to flight operations.

People's Committees at all levels where there are airports and airfields, within their functions and responsibilities, are responsible for cooperating with the Director of the Civil Aviation Port Authority to maintain public order, ensure compliance with aviation safety regulations in the vicinity of airports and airfields; and apply measures to demolish, relocate, redesign structures, equipment, or cut down trees that pose risks to flight operations.

PART IV

CREW

 

PART 1

GENERAL PROVISIONS

Article 29

1\. The crew referred to in this Law includes the aircraft commander, flight crew members, safety personnel, and service personnel on board when performing flights.

The flight crew referred to in this Law is a group of people on a flight who perform the functions of pilot-in-command, co-pilot, air navigation, air mechanics, and air radio operations.

Members of the crew of civilian aircraft of Vietnam must be Vietnamese citizens; in exceptional cases, they may be foreign citizens.

2\. Civilian aircraft are only permitted to fly if they have a complete crew in accordance with the laws of the country where the aircraft is registered or the country where the operator of the aircraft has its principal place of business or residence.

Based on the type and model of the aircraft, mission, and operating conditions, the Minister of Transport and Posts shall prescribe the composition, duties, and responsibilities of the crew members of civilian aircraft of Vietnam and of aircraft under the management and use of operators with their principal place of business or residence in Vietnam.

Article 30.

1\. Crew members of civilian aircraft of Vietnam must have the appropriate professional qualifications, health, and knowledge suitable for their job and can only perform their functions when they hold the appropriate certificates issued or recognized by the competent state management authority of Vietnam.

2\. The Minister of Transport and Posts shall prescribe the standards, procedures, and conditions for issuing, recognizing, revoking, canceling, or suspending the use of certificates of crew members.

PART 2

THE AIRCRAFT COMMANDER

Article 31

The aircraft commander of civilian aircraft of Vietnam is the person with the highest authority on board the aircraft, responsible for ensuring safety and operating the aircraft during flight time.

Article 32

The aircraft commander has the authority to decide and is responsible for takeoff, flying, landing, canceling the flight, returning to the departure point, or making a forced landing.

In cases of immediate danger directly threatening flight safety, the aircraft commander has the right not to execute the flight mission, flight plan, or instructions from air traffic control, but must still act in accordance with air traffic rules and report immediately to the appropriate air traffic control agency.

Article 33

1- During flight time, the aircraft commander has the authority to temporarily detain individuals who commit crimes, violate discipline on board the aircraft, or resist the commander's orders, and must transfer such individuals to competent authorities upon landing at the nearest airport.

2- In cases of emergency necessitating flight safety, the aircraft commander has the right to decide to jettison fuel, discard luggage, cargo, mail packages, and mail items in accordance with legal provisions.

3- In the event of a forced landing, the aircraft commander has the authority to issue necessary commands to all persons on board until responsibility is transferred to competent authorities.

Article 34

The aircraft commander is responsible for implementing directives from the aircraft operator. In cases where directives cannot be received or are unclear, the aircraft commander has the right to perform the following actions and must immediately notify the operator:

1- To expend funds necessary to complete the mission of the flight;

2- To carry out necessary tasks to allow the aircraft to continue flying;

3- To apply measures and expend funds necessary to ensure the safety of persons and property during the flight;

4- To hire personnel for short-term employment as needed for the flight;

5- To borrow funds necessary to exercise the rights stipulated in this Article.

Article 35

1- When the aircraft is in danger, the aircraft commander is responsible for applying all necessary measures to ensure the safety of the aircraft, persons, and property on board, and may only leave the aircraft last.

Crew members may not leave the aircraft without the aircraft commander's order.

2- Upon discovering persons, means of transportation, or other property in distress outside the aircraft, the aircraft commander must immediately inform the appropriate air traffic control agency and is responsible for providing assistance within their capacity, without endangering the aircraft, persons, and property on board.

PART 3

EMPLOYMENT CONTRACT FOR PILOTS

PROFESSIONAL PILOT STAFF

Article 36

Professional pilots referred to in this Law are those who regularly perform crew member functions and are registered in the Professional Pilot Register.

Conditions, procedures for registration, and establishment of the Professional Pilot Register shall be prescribed by the Minister of Transport and Posts.

Article 37

In addition to the provisions of this Section, employment contracts for professional pilots must also comply with labor laws.

Article 38

Employers and users of professional pilots must directly enter into written employment contracts with professional pilots and register these contracts with the management body of the Professional Pilot Register.

Article 39

Employment contracts for professional pilots must include the following main contents:

1- Content of work and minimum monthly salary; this salary must not be lower than the minimum wage prescribed by law for professional pilots;

2- Compensation in case of forced termination of employment;

3- Conditions for terminating the employment contract due to illness, disability, or death;

4- Final destination or time point considered as the end of work for contracts concluded on a per-case basis;

5- Period abroad, accommodation allowance, vacation conditions, and return conditions if applicable.

Article 40

Professional pilots are only obligated to perform tasks specified in the contract and obligations prescribed by law; if they voluntarily undertake work under special conditions not specified in the contract, the employer and user must amend the contract to define special working conditions, compensation levels, and special damage compensation.

Article 41

1- For fixed-term employment contracts, if the contract period expires while performing duties, the contract is automatically extended until the completion of the duty.

2- In cases of unilateral termination of indefinite-term employment contracts with prior notice, if the notice is given during duty performance, the notice period starts from the day the duty ends.

3- If a professional pilot cannot continue to perform duties, the employer and user must bear the costs of returning them to the agreed location in the contract.

4- The decision of the aircraft commander to stop a professional pilot from working for safety or security reasons does not terminate the employment contract. The employer and user must cover all costs arising from this.

CHAPTER V

FLIGHT OPERATIONS

 

PART 1

GENERAL PROVISIONS

Article 42 |||

Civil aircraft of Vietnam, foreign civil aircraft operating in the territory of Vietnam, state service aircraft operating in the airspace controlled by civil aviation, and individuals and organizations related to flight operations must strictly adhere to air traffic rules issued by the Minister of Transport and Posts.

 

 

PART 2

AIR TRAFFIC CONTROL AGENCIES

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

1- Air traffic control agencies are organized into a system and operate according to a unified management regulation for civil flight activities.

2- Air traffic control agencies are responsible for complying with regulations on airspace management and protection, closely and continuously coordinating with the airspace management and protection agencies of the Ministry of Defense according to the operational coordination regulations issued by the Council of Ministers.

Article 44 |||

1- Air traffic controllers can only perform their functions when they have appropriate certificates issued by authorized state agencies.

2- Standards, procedures, and conditions for issuing, revoking, canceling, or suspending the use of certificates for air traffic controllers shall be prescribed by the Minister of Transport and Posts.

PART 3

FLIGHT SAFETY

Article 45 |||

The aircraft commander, organizations, and individuals involved in preparing for flights must strictly adhere to flight preparation rules.

Article 46 |||

1- When operating within the territory of Vietnam, Vietnamese civil aircraft and foreign civil aircraft must fly along the designated air routes. In the event of deviating from the air route, the aircraft commander and air traffic control agency must promptly take all necessary measures to bring the aircraft back onto the air route.

Airway referred to in this Law is a controlled airspace area or a part thereof in the form of a corridor with limited height and width, equipped with radio navigation aids.

An airway may only be operated when all necessary factors ensuring safety for flight operations are in place.

The Chairman of the Council of Ministers decides on the establishment and permission to operate airways.

Article 47 |||

In exceptional cases, the Chairman of the Council of Ministers issues a decision to prohibit or restrict flights within the territory of Vietnam.

The location, limits, and conditions of prohibited or restricted areas must be publicly announced.

Aircraft entering a prohibited area shall be compelled to land at the nearest airport or at a designated airport outside the prohibited area. The aircraft operator has the obligation to clearly state the reason for the violation.

Article 48

Aircraft flying over densely populated areas must fly at the necessary altitude.

Aircraft are not allowed to perform maneuvers or training flights over densely populated areas unless permitted by the competent state management agency.

Article 49

It is strictly forbidden to take photographs, film from the air, or use radio communication equipment other than those on board the aircraft, except with the permission of the competent state management agency.

Article 50

Aircraft entering a prohibited area or violating entry and exit regulations, air traffic rules, and airspace management and usage rules, if they do not comply with orders from authorized authorities, may be subject to forced control measures or be compelled to land.

PART 4

SEARCH AND RESCUE AND INVESTIGATION OF AIRCRAFT ACCIDENTS

Article 51

Air traffic control agencies and search and rescue organizations must apply all necessary and timely measures to assist endangered or distressed aircraft.

An endangered aircraft is an aircraft that is in danger or where persons on board are in danger and the crew lacks the ability to resolve the situation.

A distressed aircraft is an aircraft severely damaged or completely destroyed during takeoff, in-flight, or landing; lost communication or crashed; or forced to land outside an airport.

In the event of an aircraft in distress at an airport or airfield, the Director of the Air Port Authority there shall be responsible for coordinating with search and rescue organizations to provide assistance to people, aircraft, and property within their jurisdiction.

In the event of an aircraft in distress outside an airport or airfield, search and rescue organizations shall coordinate with local authorities and other organizations to conduct search and rescue operations.

Any organization or individual shall promptly report information about aircraft accidents to local authorities, search and rescue organizations, or the nearest aviation organization and assist in search and rescue operations, protecting the aircraft and property on board.

Article 52

Air traffic control agencies and search and rescue organizations shall immediately commence searching for aircraft in distress, missing, or out of contact if the location of the aircraft cannot be determined.

An aircraft and persons on board can only be declared missing six months after the last received information about the aircraft according to procedures prescribed by law.

Article 53

Investigation of aircraft accidents must be conducted in accordance with procedures prescribed by the Council of Ministers.

Article 54

Provisions of the Vietnamese Maritime Code regarding salvage, preservation, and handling of sunken or drifting assets at sea also apply to aircraft wreckage and other assets found in Vietnamese territorial waters or along the coast.

Chapter VI

AIR CARGO TRANSPORTATION

 

PART 1

AIR CARGO TRANSPORTATION ENTERPRISES

Article 55

Only air cargo transportation enterprises established in accordance with Vietnamese law may engage in public air transport services.

Licenses for establishing air cargo transportation enterprises are issued by the Minister of Transport and Posts, upon approval by the Chairman of the Council of Ministers.

The Minister of Transport and Posts grants operating licenses for regular transport and sets conditions for granting operating licenses for irregular transport.

Operating licenses for enterprises may be revoked or suspended when the air cargo transportation enterprise falls under any of the following circumstances:

a) Violation of business conditions, operational conditions, or other provisions of the law on aviation;

b) Failure to commence business within six months from the date of issuance of the establishment license;

c) Ceasing business operations for more than six months.

The Minister of Transport and Posts issues, extends, revokes, cancels, or suspends the use of establishment licenses and operating licenses for air cargo transportation enterprises.

The Council of Ministers prescribes procedures, conditions for issuing, extending, revoking, canceling, or suspending the use of establishment licenses, business registration, conditions for regular flights, and conditions and limitations for irregular flights.

Article 56

The national airline of Vietnam is provided favorable conditions in terms of infrastructure, technology, and finance to operate.

Article 57

Foreign airlines are not allowed to transport passengers, baggage, cargo, mail, and postal items between points within the territory of Vietnam, except with the permission of the Minister of Transport and Posts.

Article 58

Foreign airlines may only transport passengers, baggage, cargo, parcels, and postal items from abroad to Vietnam and from Vietnam to abroad based on signed air service agreements with the Government of Vietnam.

Irregular flights from Vietnam to foreign countries and from foreign countries to Vietnam may only be carried out with the permission of the Minister of Transport and Posts.

PART 2

CONTRACT FOR CARGO TRANSPORTATION

Article 59

Under the contract for cargo transportation by air between the carrier and the consignor, the carrier is obligated to transport the agreed cargo to the destination and deliver it to the person entitled to receive it; the consignor is obligated to pay the freight charges and incidental fees.

Article 60

1- The air waybill is a transport document and evidence of the conclusion of a goods transportation contract by aircraft, the terms of the contract, and the acceptance of goods for transportation.

2- The loss of the waybill, incomplete or incorrect details on the waybill do not affect the existence and value of the contract.

Article 61

1- The consignor must clearly and accurately record on the waybill the name of the goods, weight, quantity, dimensions, packaging method, and other characteristics of the goods.

The carrier has the right to verify the accuracy of the declaration.

The consignor shall be liable for compensation for any damage caused to the carrier or for which the carrier is responsible due to the consignor's incorrect, inaccurate, or incomplete declaration.

2- The consignor is obligated to hand over the waybill and provide the carrier with necessary documents, materials, and information about the goods.

3- The consignor must comply with the conditions and instructions of the carrier regarding packaging, marking, and coding of the goods.

The carrier has the right to refuse to transport goods that do not meet the carrier's conditions and instructions regarding packaging, marking, and coding of the goods.

Article 62

1- The figures recorded by the consignor in the waybill concerning the weight, dimensions, packaging, and number of packages of the goods are prima facie evidence in litigation against the carrier.

2- The figures recorded by the consignor in the waybill concerning the quantity, volume, and condition of the goods are not admissible as evidence in litigation against the carrier unless the carrier and the consignor have jointly inspected and confirmed them or they can be clearly identified from the appearance of the goods.

1. The subjects eligible for the award of the title "People's Doctor" and "Outstanding Doctor" include doctors, pharmacists, medical technicians, traditional medicine practitioners engaged in medical treatment, pharmaceutical production, medical research, disease prevention, epidemic control, and health management officials.

1- If presenting the waybill, the consignor has the right to request:

a) To reclaim the goods at the place of dispatch or destination;

b) To retain the goods at any stopover during the journey;

c) To request the carrier to deliver the goods to another recipient at the destination or elsewhere during the journey;

d) To request the return shipment of the goods to the place of dispatch.

In the event that the recipient refuses to accept the goods or it is impossible to deliver the goods to the recipient, the consignor retains rights over the goods.

2- The consignor’s rights stipulated in paragraph 1 of this Article terminate from the moment the recipient requests the carrier to deliver the waybill and the goods to them.

3- The consignor’s requests specified in paragraph 1 of this Article shall not be implemented if their implementation impedes the normal operation of the carrier or causes inconvenience to other consignors.

The consignor’s requests regarding the goods must be recorded on the waybill.

If the consignor’s requests cannot be fulfilled, the carrier must immediately notify the consignor.

The consignor shall bear all costs arising from the implementation of these requests.

Article 64

1- When the goods have been transported to the delivery location, the carrier is obliged to notify the person entitled to receive the goods to come and collect them.

2- In the event that the recipient refuses to accept the goods or it is impossible to deliver the goods to the recipient, the carrier is obliged to store the goods and notify the consignor.

The consignor shall bear all costs incurred.

3- After thirty days from the date of receipt of the registered letter notification from the carrier, if the consignor does not make a request or respond, the carrier may dispose of the goods.

The Council of Ministers shall prescribe the procedures for disposing of goods.

The proceeds from the disposal of the goods, after deducting the expenses related to transportation, storage, and disposal of the goods, if any remain, shall be deposited in a bank to be returned to the person entitled to receive them.

Within one hundred eighty days from the date of disposal of the goods, if there is no request for the remaining amount, the carrier shall deposit this amount in the State Treasury according to the procedures prescribed by law.

PART 3

TRANSPORT CONTRACT FOR PASSENGERS AND BAGGAGE

Article 65

According to the air passenger and baggage transportation contract, the carrier is obligated to transport passengers and baggage to the destination specified on the ticket, reserve seats for passengers on the aircraft, and deliver checked baggage to the person entitled to receive it; passengers are obligated to pay the fare and surcharges for transportation, including the fare for excess baggage.

Article 66

1- Passenger tickets, baggage receipts are transport documents for passengers and baggage by aircraft, evidence of the conclusion of the contract, the terms of the contract, and the acceptance of baggage for transportation.

2- The loss or incomplete or incorrect details in the ticket or baggage receipt do not affect the existence and value of the contract.

Article 67

The carrier must care for passengers and promptly inform passengers about the flight. In case of disruption or delay during the journey, the carrier is responsible for providing living conditions for passengers and must bear the necessary costs.

Article 68

1- Passengers are exempt from transportation charges for checked baggage and carry-on baggage within the free allowance announced by the carrier based on the Transportation Regulations.

2- Children traveling on the aircraft are exempted or given reduced fares and suitable seating according to their age.

Article 69

The carrier has the right to refuse to transport passengers who have tickets and reserved seats or are in transit under the following circumstances:

1- Due to the health condition of the passenger, the carrier clearly sees that transportation or continued transportation will pose a danger to the passenger, to others on the aircraft, or to the flight;

2- To prevent the spread of infectious diseases;

3- Passengers do not comply with transportation regulations or engage in behavior that disrupts public order, threatens aviation safety, or affects the lives, health, or property of others;

4- For security reasons.

In the cases provided for in Points 1, 2, 3, and 4 of this Article, passengers shall be refunded the ticket price or the corresponding amount of the unused portion of the ticket, after deducting service fees and penalties if applicable, in accordance with the Transport Regulations.

Article 70

Passengers have the right to cancel the transport contract; during the journey, they may refuse to continue flying at any airport or mandatory landing point and shall be entitled to a refund of the ticket price or the corresponding amount of the unused portion of the ticket, after deducting service fees and penalties if applicable, in accordance with the Transport Regulations.

PART 4

FREIGHT CHARGES

Article 71

The principles for establishing and the conditions for applying freight charges for air transportation are regulated by the Council of Ministers.

The Minister of Transport and Posts approves regular freight charges.

PART 5

CIVIL LIABILITY

Article 72

The carrier must compulsorily insure its civil liability for the life, health, and injury of passengers up to the limit of the carrier's civil liability and in accordance with the insurance laws.

Article 73

1- The carrier is liable for compensation for damage to the life, health, and injury of passengers occurring during air transportation, except where such damage is entirely caused by the passenger's own health condition.

2- In the case where damage is caused by the passenger to themselves, the carrier may be exempted or relieved from liability for compensation.

 

Article 74

1- The carrier is liable for compensation for loss, shortage, or damage to goods and checked baggage occurring during air transportation, except in the following cases:

a) Due to the inherent nature or defect of the goods or checked baggage;

b) Due to the seizure or other coercive action by authorities or courts against the goods or checked baggage;

c) Due to armed conflict;

d) Due to the fault of the consignor, consignee, or escort appointed by the consignor or consignee accompanying the goods.

2- In the case of loss, shortage, or damage to carry-on baggage, the carrier is only liable for compensation if the carrier is at fault for causing the damage.

Article 75

1- The process of transporting passengers by aircraft is considered from the time the passenger leaves the parking area or steps into the boarding passage until the time the passenger leaves the parking area or boarding passage under the guidance of staff representing the carrier.

2- The process of transporting goods and checked baggage by aircraft is considered from the time the consignor delivers the goods or baggage to the carrier until the time the carrier delivers the goods or baggage to the person entitled to receive them.

Article 76

1- The level of compensation by the carrier for loss, shortage, or damage to goods and baggage is calculated as follows:

a) According to the declared value for goods and checked baggage that have been declared for value. If the carrier can prove that the declared value exceeds the actual value, then the compensation will be calculated based on the actual loss value;

b) According to the actual loss value for goods and checked baggage that have not been declared for value;

c) According to the actual loss value for carry-on baggage.

2- The level of compensation for damage referred to in Point b and Point c, Clause 1 of this Article shall not exceed the limit of the carrier's civil liability; in the case where the actual loss value cannot be determined, the compensation will be calculated up to the limit of the carrier's civil liability.

3- In addition to the compensation mentioned in this Article, the carrier must refund the consignor the freight charges and surcharges for the transported goods or checked baggage that were damaged.

Article 77

1- The carrier is liable for compensation for damage resulting from delayed transportation, unless it can prove that it, its employees, or its agents have taken all measures to avoid the damage or could not take such measures.

Goods are considered lost if they do not arrive at the delivery location within seven days from the date they should have been delivered. If the goods arrive after compensation has been paid, the recipient still has the right to receive the goods and return the compensation received to the carrier.

2- Compensation for damage due to delayed transportation shall not exceed the limit of the carrier's civil liability.

Article 78

1- The carrier shall not benefit from the limit of civil liability provided for in this Law when the carrier, its employees, or its agents commit serious intentional or negligent acts while performing their duties, causing damage.

The carrier may only benefit from the limit of civil liability as prescribed by law.

The Council of Ministers shall prescribe the limit of civil liability of the carrier for domestic air transportation.

2- Any agreement between the carrier and the passenger, consignor, or consignee to exempt or reduce the carrier's liability as stipulated in this Law shall be invalid.

3- The carrier may agree to extend its liability towards the passenger, consignor, or consignee.

Article 79

The carrier has the right to request the passenger, consignor, or consignee to compensate for damage caused to the carrier or for which the carrier is responsible for compensating. The procedures and levels of compensation shall be carried out in accordance with civil law regulations.

Article 80

1- The consignor, passenger, and person entitled to receive the goods or their lawful representatives have the right to lodge complaints and sue the carrier.

2- Before initiating legal proceedings against the carrier for loss of goods or baggage, those entitled to lodge complaints and sue the carrier as provided for in Clause 1 of this Article must submit a complaint to the carrier within the following periods:

a) Seven days from the date of receipt, in the case of baggage damage;

b) Fourteen days from the date of receipt, in the case of shortage or damage to goods; twenty-one days from the date of delivery, in the case of loss of goods;

c) Twenty-one days from the date the person entitled to receive the goods or baggage should have received them, in the case of delayed transportation.

3- The carrier must notify the complainant of its acceptance or non-acceptance of the complaint within thirty days from the date the carrier receives the complaint. If the complaint is not accepted or if no response is received within the above period, the complainant has the right to initiate legal proceedings.

Article 81

The statute of limitations for the carrier to be sued for damage to goods or luggage is one year from the date the goods or luggage were transported to the destination or from the date the aircraft was supposed to arrive at the destination or from the date the transportation was suspended.

Section 6

OTHER PROVISIONS

Article 82

The provisions of this Chapter also apply to international air transportation conducted by Vietnamese air transport enterprises, if international treaties on aviation to which Vietnam is a party do not provide otherwise.

International transportation is any transportation by aircraft where, under the agreement of the parties to the transportation contract, the place of departure and the place of arrival are located on the territory of two countries or on the territory of one country but with an agreed stopover on the territory of another country, regardless of any interruption in transportation or transshipment.

Article 83

Transportation of mail items by aircraft must comply with the provisions of the law on mail items.

Article 84

1- The use of aircraft to transport explosives, firearms, toxic substances, flammable materials, radioactive materials, or highly magnetic materials, corrosive materials, or materials with unpleasant odors must be authorized by the competent state management agency and strictly adhere to the regulations on special storage and transportation conditions.

2- It is strictly prohibited to transport weapons, war equipment, radioactive materials, or substances that may cause significant harm to human life, health, ecology, and environment into and through the territory of Vietnam by aircraft; in exceptional cases, permission from the Chairman of the Council of Ministers is required.

Chapter VII

COMPENSATION LIABILITY

DAMAGE OUTSIDE THE CONTRACT

 

PART 1

COMPENSATION LIABILITY FOR DAMAGE

FOR THIRD PARTIES ON THE GROUND

a) Rewards serving political requirements, timely encouragement, and inspiration of the masses;

1- A person on the ground who suffers damage to life, health, injury, or property caused by an aircraft, hereinafter referred to as a third party on the ground, has the right to claim compensation for damage according to the provisions of this Section, if they can prove that the damage was directly caused by an aircraft in flight or by objects or persons falling from an aircraft in flight.

2- An aircraft is considered to be in flight from the moment the engine starts up for takeoff until the moment it comes to a stop and the engine is turned off after landing; for airships or similar devices, it is considered to be in flight from the moment it leaves the ground until the moment it touches down.

Article 86

1- The operator of the aircraft shall be liable for compensation for damage to third parties on the ground.

2- In the case where the aircraft has been leased and the lease contract has not been registered in the Aircraft Register, the owner of the aircraft shall be liable for compensation to third parties on the ground as the operator of the aircraft; if the lease contract has been registered, the owner of the aircraft shall only be liable for compensation if there is fault causing the damage.

3- The person responsible for the damage as stipulated in Clause 1 and Clause 2 of this Article shall not be liable for compensation for damage that is a direct consequence of armed conflict or caused by an aircraft during the period it is requisitioned by the authorities.

4- A person who illegally uses an aircraft and causes damage to a third party shall be liable for compensation. The possessor of the aircraft shall be jointly and severally liable with the person who illegally used the aircraft for the damage caused, unless they can prove that they have taken necessary measures to prevent such illegal use.

Article 89

When two or more aircraft cause damage or obstruct each other while flying and thereby cause damage to a third party on the ground, the operators of each aircraft causing the damage shall be jointly and severally liable for the damage.

STATE MANAGEMENT OF COMPETITION AND REWARD WORK

If it is proven that the person suffering damage had fault in causing or contributing to the damage, the person liable for compensation may be exempted or relieved of liability according to the provisions of civil law.

Article 89

1- The provisions on compensation liability in this Section do not preclude the person liable for compensation from suing any other person.

The limit of civil liability of the operator who is a Vietnamese citizen or legal entity using an aircraft to cause damage to a third party on the ground within the territory of Vietnam shall be prescribed by the Council of Ministers.

2- The provisions of this Section regarding compensation liability for damage to third parties on the ground also apply to foreign organizations or individuals using an aircraft to cause damage to a third party on the ground within the territory of Vietnam.

 

Article 90

1- Foreign organizations or individuals using an aircraft to cause damage to a third party on the ground within the territory of Vietnam shall be liable for compensation, but not exceeding the following limits for each aircraft and each incident causing damage:

a) 500,000 francs for an aircraft weighing 1,000 kg or less;

b) 500,000 francs plus 400 francs for each kilogram over 1,000 kg for an aircraft weighing more than 1,000 kg but not more than 6,000 kg;

c) 2,500,000 francs plus 250 francs for each kilogram over 6,000 kg for an aircraft weighing more than 6,000 kg but not more than 20,000 kg;

d) 6,000,000 francs plus 150 francs for each kilogram over 20,000 kg for an aircraft weighing more than 20,000 kg but not more than 50,000 kg;

e) 10,500,000 francs plus 100 francs for each kilogram over 50,000 kg for an aircraft weighing more than 50,000 kg.

2- Liability for causing death or injury to health does not exceed 500,000 francs for each death or injury.

3- The weight mentioned in this Article is the maximum permissible take-off weight of the aircraft according to the airworthiness certificate, excluding the effect of inflation or gas when used.

4- The franc mentioned in this Article is a monetary unit equivalent to 65.5 milligrams of gold 900/1000.

Article 91

1- If it is proven that the operator of the aircraft acted with intentional or gross negligence causing the damage, the operator shall not benefit from the limit of civil liability.

2- A person who illegally uses an aircraft shall not benefit from the limit of civil liability.

3. In the case of events causing damage as stipulated in Article 87 of this Law, the person suffering damage has the right to be compensated up to the total amount of the civil liability limits for each aircraft; the liable party of each damaging aircraft shall not be responsible for compensation exceeding their own civil liability limit.

Article 92

If the actual total value of the damage claimed exceeds the civil liability limit, the compensation shall be handled as follows:

1. In cases where there is only a claim for personal injury or property damage, the amount of compensation shall be reduced proportionally according to the actual value of the damage of each claim.

2. In cases where there is a claim for both personal injury and property damage, half of the compensation amount shall be prioritized to meet the claim for personal injury; if insufficient, it shall be divided according to the ratio of the claims; the remaining amount shall be used to meet the claim for property damage and unresolved personal injury damage.

Article 93

The aircraft operator must insure compulsorily or implement compulsory security measures up to their civil liability limit.

PART 2

COMPENSATION FOR DAMAGE CAUSED BY AIRCRAFT

COLLISION OR INTERFERENCE WITH EACH OTHER

Article 94

1. In the event of damage caused by aircraft collision or interference with each other, the responsibility of the operator shall be determined as follows:

a) If the damage occurs due to the fault of one party, then the party at fault shall compensate;

b) If the damage occurs due to the fault of two or more parties, the compensation liability shall be determined according to the degree of fault of each party; in cases where the degree of fault cannot be determined, the parties shall share the liability equally; if no fault can be determined, no party shall be required to compensate.

2. The provisions of this Article do not hinder the claim for compensation from the carrier. The carrier has the right to request the party at fault as stipulated in Clause 1 of this Article to fulfill the obligation to repay the compensation amount.

Article 95

The provisions of this Chapter also apply to state-owned aircraft.

Chapter VIII

AIR SAFETY INSPECTION

Article 96

1. Air safety inspection ensures compliance with legal regulations on air safety.

Air safety inspectors have the following tasks and powers:

a) Inspect documents, materials, certificates, licenses related to ensuring air safety;

b) Inspect the conditions for technical safety assurance for aircraft, equipment serving aircraft, airports, and ground equipment serving air traffic;

c) Suspend activities violating air safety regulations; suspend the operation of aircraft and equipment that do not meet safety standards;

d) Recommend measures to handle and rectify violations of air safety regulations;

e) Administer administrative penalties for violations of air safety regulations.

2. The organization of air safety inspection shall be regulated by the Council of Ministers.

Article 97

1. Vietnamese and foreign organizations and individuals conducting aviation activities within the territory of Vietnam are obligated to comply with decisions and requests of air safety inspectors.

Aircraft operators, aircraft commanders, and other organizations and individuals related to aviation activities are obligated to report to air safety inspectors no later than three days from the date of occurrence or knowledge of accidents, serious technical incidents involving aircraft and aviation equipment; incorrect performance of functions and authorities and other matters related to air safety.

2. Air safety inspectors must comply with the law and bear legal responsibility for their activities.

CHAPTER IX

VIOLATIONS AND DISPUTE RESOLUTION

 

PART 1

HANDLING VIOLATIONS

Article 98

1. A person who uses violence against persons on board a flying aircraft; destroys or causes damage to the aircraft; directly or indirectly brings objects or substances capable of destroying the aircraft onto the aircraft; destroys or damages air navigation facilities or illegally interferes with their operation; intentionally disseminates false information that may threaten flight safety, and violates other regulations of the law on civil aviation activities, shall be subject to administrative penalties or criminal prosecution depending on the severity; if damage is caused, they must compensate.

2. A person who abuses their position or authority to violate regulations on air safety, ticket sales, issuance of transport documents, seat reservations, passenger service, air cargo transportation, and other regulations of the law on civil aviation activities, shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law depending on the severity.

Article 99

Organizations and individuals violating the provisions of Articles 8, 12, and 13 of this Law shall be fined up to twenty million dong.

Article 100

Aircraft operators, crew members, or operators of aviation technical equipment who violate regulations on carrying necessary documents or failing to comply with the conditions of certificates or engaging in unauthorized activities shall be fined up to ten million dong.

 

Article 101

A person violating the notification or reporting obligations stipulated in Article 32, Clause 2 of Article 35, Clause 3 of Article 51, and Clause 1 of Article 97 of this Law shall be fined up to two million dong.

Article 102

A person damaging an aircraft or its equipment shall be fined up to twenty million dong.

A person committing any of the following acts shall be fined up to ten million dong:

1. Without permission from the Airport Control Director:

a) Placing signs or equipment similar to airport identification signs in the airport area;

b) Placing flammable objects in the airport area;

c) Placing objects that attract birds or allowing animals to roam in the airport area;

2. Violating rules on placing lighting signals or identification signs for buildings and structures near the airport;

3. Damaging airport equipment, airport identification signs.

Article 103

A person violating the rules for constructing architectural works, installing equipment, planting trees in the vicinity of civil airports shall be fined up to VND 10,000,000, ordered to dismantle and restore the original condition, and bear all costs.

Article 104

A person violating the rules for transporting dangerous goods or restricted goods shall be fined up to VND 10,000,000.

Article 105

A person violating the regulations on selling tickets, issuing transport documents, reserving seats, and serving passengers shall be fined up to VND 20,000,000.

Article 106

1. A person violating discipline on an aircraft shall be fined up to VND 1,000,000.

2. A person violating the rules for filming, taking photographs, and using communication devices on an aircraft shall be fined up to VND 1,000,000 and their equipment and films shall be confiscated.

Article 107

A person violating fire prevention and firefighting regulations on an aircraft, environmental hygiene, and epidemic prevention regulations at civil airports shall be fined up to VND 10,000,000.

 

Article 108

1. In addition to fines, violators may also be subject to supplementary penalties and other measures as prescribed by laws on administrative offenses; if damage is caused, they must provide compensation.

2. The Council of Ministers shall specify the authority to impose administrative penalties and adjust fine amounts when price fluctuations exceed 20%.

PART 2

DISPUTE RESOLUTION

Article 109

Disputes arising from civil aviation activities may be resolved through negotiation, mediation, arbitration, or litigation before courts with jurisdiction and in accordance with procedures prescribed by law.

Chapter X

FINAL PROVISIONS

Article 110

This Law shall take effect from June 1, 1992.

Previous provisions contrary to this Law shall be abolished.

The Council of Ministers shall issue detailed regulations to implement this Law.

 

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the eighth session, tenth meeting, on December 26, 1991.