Decree No. 75/2007/ND-CP On Investigating Civil Aircraft Accidents and Incidents

DECREE

On the investigation of civil aircraft accidents and incidents

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

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

Considering the proposal of the Minister of Transport.

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the responsibilities of agencies, organizations, and individuals in reporting civil aircraft incidents and accidents; procedures for investigating such incidents and accidents; international cooperation in the investigation of civil aircraft incidents and accidents; and reporting and preventing such incidents and accidents.

2. Civil aircraft incidents and accidents referred to in Clause 1 of this Article include:

a) Incidents and accidents involving civil aircraft occurring within the territory of Vietnam or in airspace controlled by Vietnam;

b) Accidents involving civil aircraft registered in Vietnam or operated by Vietnamese operators occurring in international waters;

c) Incidents and accidents involving civil aircraft registered in Vietnam or operated by Vietnamese operators occurring outside the cases specified in Points a and b of this Clause and not being investigated by any country or entrusted for investigation by the country where the incident or accident occurred.

3. This Decree applies to organizations and individuals, both domestic and foreign, related to the reporting, investigation, reporting, and prevention of civil aircraft incidents and accidents.

Article 2. Interpretation of Terms

In relation to this Decree, the following terms are understood as follows:

1. "Serious injury," as defined in Point a, Clause 2, Article 104 of the Civil Aviation Law of Vietnam, means a person who is injured due to an accident if they fall under any of the following circumstances:

a) Must be hospitalized for more than 48 hours within seven days from the date of injury;

b) Fractured bones except fingers, toes, and nose;

c) Wounds that cause significant blood loss, affecting nerves, muscles, tendons;

d) Internal organ damage;

đ) Burned at degree 2 or 3 or with burns covering more than 5% of the body surface;

e) Determined to have been severely poisoned or exposed to radiation.

2. "Death" used in accident investigation reports includes those who die immediately in the accident and those who die within thirty days due to injuries sustained in the accident.

3. "Flight recorder" refers to cockpit voice recorders and flight data recorders installed on aircraft.

4. "Maximum weight" refers to the maximum takeoff weight approved.

5. "Design state" is the state having jurisdiction over the organization responsible for designing the type of aircraft.

6. "Manufacturing state" is the state having jurisdiction over the organization responsible for assembling the aircraft.

Chapter II

REPORTING OF AIRCRAFT INCIDENTS AND ACCIDENTS

Article 3. Reporting of aircraft incidents and accidents

1. The following organizations and individuals shall immediately report to the Civil Aviation Administration of Vietnam via telephone, fax, fixed air telecommunications network (AFTN), or other communication means when they discover or receive information about an aircraft accident or incident as specified in Appendix I of this Decree:

a) Air traffic service providers regarding information about distressed aircraft;

b) Aircraft commanders and operators regarding information about incidents or accidents involving aircraft occurring within the territory of Vietnam; incidents or accidents involving aircraft registered in Vietnam or operated by Vietnamese operators occurring outside the territory of Vietnam;

c) Directors of airport authorities regarding information about incidents or accidents involving aircraft occurring at airports or adjacent areas under their management;

d) Maritime search and rescue centers regarding information about aircraft accidents at sea;

đ) People's Committees of localities where the aircraft accident occurs.

2. Other organizations and individuals not covered by Clause 1 of this Article, upon discovering or receiving information about an aircraft incident or accident, shall immediately report to the People's Committee of the locality, the Civil Aviation Administration of Vietnam, search and rescue service providers, or the nearest aviation authority or unit.

3. In the case of incidents or accidents involving aircraft registered in Vietnam or operated by Vietnamese operators occurring abroad, in addition to the responsibilities stipulated in Clause 1 of this Article, aircraft commanders and operators must immediately report to the diplomatic or consular mission of Vietnam in that country.

Article 4. Handling information on aircraft accidents or incidents

1. Upon receiving notifications regarding aircraft accidents or incidents as stipulated in Article 3 of this Decree, the Civil Aviation Authority of Vietnam shall verify and report to the Ministry of Transport the following information:

a) Type of aircraft, registration marks, and nationality marks of the aircraft;

b) Name of the owner and operator of the aircraft;

c) Full name of the aircraft commander;

d) Date and time when the accident or incident occurred;

đ) Last departure point and next intended landing point of the aircraft;

e) Position of the aircraft according to longitude and latitude;

g) Number of passengers and crew members on board at the time of the accident or incident;

h) Number of fatalities and seriously injured persons caused by the accident or number of injured persons caused by the incident, including passengers, crew members, and third parties;

i) Nature of the accident or incident and extent of damage to the aircraft;

k) Information about dangerous goods on board the aircraft.

2. Except in cases where the aircraft is missing or cannot be accessed, the Civil Aviation Authority of Vietnam must immediately dispatch personnel to the scene to perform the following tasks:

a) Coordinate with search and rescue forces at the scene to assist people and prevent unnecessary disruption of the scene;

b) Collect information about deceased persons if there are fatalities;

c) Gather aircraft debris, assess structural frame, radio communication system, electronic system, and engine damages;

d) Request submission, seizure, or retrieval of information from onboard recorders;

đ) Determine alcohol or stimulant levels for flight crew members;

e) Conduct preliminary interviews with flight crew members and witnesses;

g) Define the scope of the scene and request relevant agencies to cooperate and protect the scene, take photographs of the scene;

h) Lead and coordinate with related agencies and organizations to apply necessary measures to preserve samples and documents related to the accident or incident.

3. The Minister of Transport shall review and verify the information specified in Clause 1 of this Article to decide on organizing an investigation or reporting.

4. In cases of aircraft accidents or incidents as prescribed in Appendix I of this Decree, the Ministry of Transport shall immediately notify the following countries and international organizations:

a) Country of aircraft registration;

b) Country of the aircraft operator;

c) Country of aircraft design;

d) Country of aircraft manufacture;

đ) International Civil Aviation Organization (ICAO) for aircraft with a maximum takeoff weight over 2250 kilograms.

5. Notifications as prescribed in Clause 4 of this Article may be sent via fax, email, or APTN. The notification includes the following information:

a) Clearly state "ACCID" if it is an accident or "INCID" if it is an incident;

b) Aircraft manufacturer, type, nationality, and registration marks of the aircraft;

c) Name of the owner, operator, or lessee of the aircraft;

d) Full name, nationality of the flight crew members and passengers;

đ) Date, month, and time of the incident or accident occurrence (local time or Coordinated Universal Time UTC);

e) Last departure point and next intended landing point of the aircraft;

g) Position of the aircraft determined by location, longitude, and latitude;

h) Number of flight crew members and passengers on board at the time of the accident; number of fatalities or seriously injured persons (including passengers, flight crew members, and third parties on the ground);

i) Brief description of the nature of the accident or incident and extent of aircraft damage;

k) Estimated scope of the investigation;

l) Terrain characteristics of the area where the accident or incident occurred, level of difficulty or special requirements for accessing the scene;

m) Investigating agency, method of contacting the investigating agency;

n) Information about dangerous goods on board the aircraft.

Chapter III

PROCEDURES FOR INVESTIGATING AIRCRAFT INCIDENTS AND ACCIDENTS

Article 5. Content of Aircraft Accident Investigation

Aircraft accident investigation shall aim to meet the following requirements:

1. Collecting, recording, and analyzing all information that can be obtained about aircraft accidents or incidents;

2. Studying and determining the causes of aircraft accidents or incidents;

3. Providing recommendations for ensuring aviation safety;

4. Preparing a report on the investigation of aircraft accidents or incidents.

Article 6. Protection of the Accident Site and Movement of Damaged Aircraft

1. Organizations and individuals responsible for search and rescue operations shall have the responsibility to protect the aircraft and the accident site of the damaged or crashed aircraft.

2. The Ministry of Transport shall be responsible for leading and coordinating with relevant organizations and individuals to carry out activities to protect the accident site, including the following specific tasks:

a) Rescuing survivors; extinguishing fires and protecting the lives and property of the people;

b) Protecting the aircraft from fire or further damage; not disturbing or changing the position of the victims' bodies; not damaging or disturbing cargo, luggage, and other items carried on the aircraft;

c) Applying appropriate measures to prevent consequences that may arise from dangerous goods;

d) Taking photographs, filming, or other necessary measures to preserve evidence that may be lost or altered;

đ) Collecting the names and addresses of witnesses to serve the investigation of aircraft accidents or incidents.

3. The owner, operator, or lessee of the aircraft has the responsibility to move the damaged aircraft, cargo, luggage, and other items carried on the damaged aircraft according to the requirements of the Ministry of Transport.

4. The aircraft accident investigation agency shall organize the movement of the damaged aircraft, cargo, luggage, and other items carried on the damaged aircraft to an appropriate location if the persons specified in Clause 3 of this Article do not perform such actions.

5. The movement of the damaged aircraft, cargo, luggage, and other items carried on the damaged aircraft must be recorded in a logbook. The logbook shall clearly state the condition of the items and the organizations or individuals entrusted with the items.

Article 7. Aircraft Accident Investigation Agency

1. The Aircraft Accident Investigation Commission established by

2. The Ministry of Transport shall establish an aircraft accident investigation agency or conduct investigations in a manner appropriate to the level and nature of the accident or incident. In cases where it is necessary to establish an aircraft accident investigation agency, the Ministry of Transport may invite representatives of related ministries, sectors, and provincial People's Committees where the accident occurred.

3. The Aircraft Accident Investigation Commission established by

a) The aircraft operator;

b) Air traffic service provider;

c) Aircraft design, production, maintenance, and testing facility;

d) Aviation professional organization.

4. The aircraft accident investigation agency shall be provided with suitable working locations near the accident site; equipped with transportation, tools, and equipment necessary for investigating the accident or incident. The working location shall be determined by the aircraft accident investigation agency based on each specific case.

5. The Ministry of Transport shall be responsible for retaining the accident investigation files after completing the investigation of the accident or incident.

Article 8. Persons Investigating Aircraft Accidents and Incidents

1. Persons conducting investigations into aircraft accidents or incidents must meet the requirements for professional expertise and aviation technology.

2. The following persons shall not be members of the accident and incident investigation agency:

a) Owners of the aircraft, investors, or those involved in managing the organization operating the aircraft that has been involved in the accident or incident under investigation;

b) Individuals who have interests from the business operations of the organization operating the aircraft, design facilities, production facilities, maintenance facilities of the aircraft involved in the accident or incident under investigation.

Article 9. Duties and Authorities of the Head of the Accident and Incident Investigation Agency

The head of the accident and incident investigation agency shall have the following duties and authorities:

1. Organizing the implementation and assigning tasks to members of the investigation agency to carry out their duties and authorities as prescribed;

2. Chairing meetings of the accident and incident investigation agency; making statements or designating members of the accident and incident investigation agency as spokespersons during the accident and incident investigation process;

3. The duties and authorities stipulated in Article 10 of this Decree.

Article 10. Duties, Authorities, and Obligations of Persons Investigating Aircraft Accidents and Incidents

1. Persons investigating aircraft accidents and incidents shall have the following duties and authorities:

a) Accessing the accident site, examining the accident scene, approaching the aircraft, equipment, and parts of the aircraft;

b) Seizing or coordinating with the police to seize and use parts of the aircraft, equipment, and necessary documents for the investigation of the accident or incident;

c) Recording evidence at the accident scene; controlling the movement of the aircraft, luggage, cargo, and other items transported on the aircraft, parts, equipment, and devices of the aircraft;

d) Seizing self-recording devices, performing or requesting the decoding of such devices or requesting the provision of data from the state of registration or the state of operation of the aircraft;

e) Requesting owners, operators of the aircraft, production facilities, civil aviation port authorities, or other organizations and individuals to provide information and documents related to the aircraft involved in the accident or incident;

f) Inspecting or requesting inspections of samples, evidence, and documents related to the accident or incident, and the health of individuals involved in the operation of the aircraft involved in the accident or incident;

g) Being provided with autopsy results of victims to serve the investigation of the accident or incident;

h) Questioning and studying statements from witnesses regarding issues related to the accident or incident involving the aircraft.

2. Persons investigating aircraft accidents and incidents shall have the following obligations:

a) Investigating aircraft accidents and incidents promptly, truthfully, and objectively;

b) Strictly adhering to the directives of the head of the accident and incident investigation agency concerning the content, methods of investigation, and implementing measures to ensure safety during the investigation;

c) Not providing information related to the investigation of aircraft accidents and incidents to others or through media without permission to publish.

Article 11. Returning aircraft and aircraft equipment

1. The aircraft accident investigation agency must return the aircraft and its equipment involved in accidents or incidents to the person entitled to the aircraft or the state that registered the aircraft or the state designated by the operator when it is not necessary to retain them for investigative purposes.

2. The act of returning the aircraft and its equipment must be recorded in a handover document. The handover document shall include the following contents:

a) Name and address of the party handing over or receiving;

b) A brief description of the object being handed over;

c) Date and time of handover;

d) Signature of the representative of the aircraft accident investigation agency and the representative of the receiving party.

Article 12. Decoding Flight Recorders

1. When conducting an investigation into an aircraft accident or incident as specified in Appendix I of this Decree, the investigating agency must decode information from flight recorders installed on the aircraft.

2. The selection of the decoding facility must meet the following requirements:

a) The level of objectivity and accuracy of the entity or individual performing the decoding;

b) Adequate time allocated for decoding to obtain necessary information;

c) The geographical location of the decoding site should be close to the accident investigation agency.

Article 13. Autopsy

1. In cases where crew members die in an aircraft accident, the investigating agency must request an autopsy to assist with the investigation.

2. In cases where passengers or third parties on the ground die in an aircraft accident, the investigating agency may decide to request an autopsy to assist with the investigation.

Article 14. Coordination Responsibility of Other Investigating Agencies

Other agencies responsible for investigating aircraft accidents or incidents under criminal procedure laws have the duty to provide accurate information about forensic examinations, victim identification, witness statements, decoded information, and evidence to the aircraft accident investigation agency upon request.

Article 15. Reporting Illegal Interference

During the investigation of aircraft accidents or incidents, if illegal interference in civil aviation activities is discovered or suspected, the Ministry of Transport must immediately notify relevant state agencies in Vietnam and related countries as stipulated in Clause 4, Article 4 of this Decree.

Article 16. Disclosure of Information

1. Upon occurrence of an aircraft accident or incident, the aircraft accident investigation agency has the right to disclose the following information:

a) Flight number, nationality, and registration number of the aircraft;

b) Names of crew members, qualifications, and official certifications;

c) Flight itinerary;

d) Aircraft airworthiness status;

đ) Weather conditions;

e) Organization and tasks of the aircraft accident investigation agency;

g) Investigation progress;

h) Actual information about the accident or incident.

2. The following information may not be disclosed and can only be used for the investigation of the accident or incident:

a) Statements of individuals involved during the investigation;

b) Information exchanged between individuals related to aircraft operation;

c) Medical information and personal data of individuals involved in the accident or incident;

d) Cockpit voice recordings and copies thereof;

đ) Analysis opinions on information, including information from flight data recorders;

e) Information related to security and defense.

Article 17. Reinvestigation

1. The decision to reinvestigate an aircraft accident or incident after the conclusion of the investigation shall only be made if new significant evidence is discovered that may change the conclusions regarding the cause and responsibility for the incident or accident.

2. The authority to organize the investigation and the procedures for reopening the investigation of an aircraft incident or accident shall be applied as with the initial organization of the investigation.

Article 18. Preliminary Investigation Report on Aircraft Incidents or Accidents

1. The agency investigating the aircraft incident or accident shall prepare a preliminary investigation report according to the model set out in Appendix II of this Decree.

2. Within thirty days from the date of the occurrence of the aircraft incident or accident, the Ministry of Transport shall send the preliminary investigation report on the aircraft incident or accident to the following countries and international organizations:

a) Country of aircraft registration;

b) Operating country;

c) Designing country;

d) Manufacturing country;

đ) International Civil Aviation Organization (ICAO) for aircraft with a maximum takeoff weight over 2,250 kilograms.

Article 19. Official Investigation Report on Aircraft Incidents or Accidents

1. Upon completion of the investigation, the agency investigating the aircraft incident or accident shall prepare an official report according to the model set out in Appendix III of this Decree.

2. The Ministry of Transport shall send the draft official report on the investigation of the aircraft incident or accident to the following countries for comments:

a) Country of aircraft registration;

b) Operating country;

c) Designing country;

d) Manufacturing country.

3. Within sixty days from the date of sending the draft report, upon receiving comments from the countries specified in Clause 2 of this Article, the agency investigating the aircraft incident or accident shall study and revise the draft report or attach those comments to the official report.

4. At the end of the sixty-day period without receiving comments and if there is no other agreement among the countries, the Ministry of Transport shall send the official report on the investigation of the aircraft incident or accident to the following countries and international organizations:

a) Investigating country;

b) Country of registration;

c) Operating country;

d) Designing country;

đ) Manufacturing country;

e) Country whose citizens have died or been seriously injured;

g) Country that has provided related information, equipment, or experts;

h) International Civil Aviation Organization for aircraft with a maximum takeoff weight over 5,700 kilograms.

Article 20. Publication of the Official Investigation Report on Aircraft Incidents or Accidents

1. Depending on the nature of the aircraft incident or accident, the agency investigating the aircraft incident or accident shall publish part or all of the official report on the investigation of the aircraft incident or accident, except in cases where the investigation is conducted at the request of another country.

2. The publication of the official report on the investigation of the aircraft incident or accident as stipulated in Clause 1 of this Article shall be carried out within twelve months from the date of sending the official report on the investigation of the aircraft incident or accident to the countries and international organizations.

Article 21. Safety Recommendations

1. During the investigation of an aircraft incident or accident, the agency investigating the aircraft incident or accident shall have the following rights:

a) Send a document requesting relevant organizations and individuals to immediately apply measures to enhance aviation safety;

b) Send safety recommendations arising from the investigation activities to the relevant countries and the International Civil Aviation Organization (ICAO).

2. Within thirty days from the date of receipt of the recommendation document, the organizations and individuals specified in point a of Clause 1 of this Article must report to the Vietnam Civil Aviation Authority on the implementation of preventive and enhanced aviation safety measures.

Article 22. Expenses for investigating aircraft accidents and incidents

1. The operator of the aircraft or the lessee of the aircraft with its own crew shall bear the costs for decoding, autopsy, reconstruction of the accident scene, and transportation of the aircraft, cargo, baggage, and other items carried on board, as well as remuneration and other expenses for those mobilized to serve the investigation activities as stipulated in Clause 3, Article 7 of this Decree.

2. Other expenses serving the investigation of aircraft accidents and incidents shall be sourced from the state budget. The Ministry of Transport shall prepare a budget estimate for each specific case and report it to the Ministry of Finance for approval.

Chapter IV

INTERNATIONAL COOPERATION IN AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION

Article 23. Participation in investigating aircraft accidents

1. Representatives of countries permitted to participate in the investigation of an accident shall be subject to the control of the accident and incident investigation authority.

2. Representatives of countries participating in the investigation of an aircraft accident shall have the following rights and obligations:

a) To visit the accident site;

b) To inspect aircraft wreckage;

c) To be informed about witness statements and to propose issues that need clarification;

d) To be informed about evidence;

đ) To receive copies of relevant documents from the investigation;

e) To participate in decoding flight recorders;

g) To participate in accident investigation activities such as component testing, technical analysis, and accident simulation;

h) To participate in meetings related to the analysis and evaluation of causes and safety recommendations during the investigation;

i) To present views on issues still under debate during the accident investigation;

k) To publish information about the aircraft accident with the permission of the Vietnamese accident and incident investigation authority.

Article 24. Cooperation with countries having victims in aircraft accidents

In cases where an aircraft accident occurs within the territory of Vietnam, representatives of countries whose citizens have died or been seriously injured may enter Vietnam and have the following rights:

1. To visit the accident site and be informed about information regarding the accident site;

2. To participate in identifying victims;

3. To cooperate with the accident investigation authority to interview surviving passengers who are their citizens;

4. To receive copies of the official accident investigation report;

5. To be informed about accident and incident information when permitted by the Vietnamese accident and incident investigation authority.

Article 25. Investigation of aircraft accidents and incidents abroad

1. In cases where the investigation of an accident or incident is conducted by another country, the Ministry of Transport shall be responsible for:

a) Providing information about the aircraft and crew to the country where the accident occurred immediately upon receiving notification, for aircraft registered in Vietnam or operated by Vietnamese operators;

b) Providing information about the aircraft to the country where the accident occurred immediately upon receiving notification, for aircraft designed or manufactured in Vietnam;

c) Providing decoded information from flight recorders to the country conducting the accident or incident investigation according to Appendix I of this Decree, for aircraft registered in Vietnam or operated by Vietnamese operators;

d) Providing information about hazardous materials carried on board to the country where the accident occurred immediately upon receiving notification, for aircraft operated by Vietnamese operators;

đ) Information about passengers carried on board.

2. The Ministry of Transport shall be responsible for coordinating with relevant ministries and sectors to participate in the investigation of aircraft accidents and incidents occurring abroad in the following cases:

a) Aircraft registered in Vietnam;

b) Aircraft operated by Vietnamese operators;

c) Aircraft designed or manufactured in Vietnam.

3. In cases where Vietnamese citizens are victims in aircraft accidents and incidents occurring abroad but not covered by Clause 2 of this Article, the Ministry of Foreign Affairs shall be responsible for coordinating with the country where the accident occurred to cooperate with the Ministry of Transport to participate in the accident investigation.

Article 26. Entrusted Investigation of Aircraft Accidents and Incidents

1. In cases where accidents or incidents occur abroad involving aircraft registered in Vietnam or operated by Vietnamese operators, and the country where the accident or incident occurred entrusts Vietnam to conduct a full or partial investigation, such investigations shall be carried out in accordance with the provisions of this Decree.

2. Based on the nature of the accident or incident and upon the proposal of the Minister of Transport, the Prime Minister decides to entrust the state of registration of the aircraft or the state of the operator of the aircraft to investigate accidents or incidents involving foreign-registered aircraft occurring within the territory of Vietnam.

Chapter IV

REPORTING OF INCIDENTS

Article 27. Reporting of Aircraft Incidents

1. Within 72 hours from the time of occurrence of aircraft incidents as specified in Appendix IV of this Decree, the aircraft operator, airline, maintenance organization, design and manufacturing organization, aircraft commander, air navigation service provider, and Civil Aviation Authority must report to the Civil Aviation Administration of Vietnam according to the form prescribed in Appendix V of this Decree.

2. Organizations and individuals specified in Clause 1 of this Article must establish logs to regularly update incidents related to aircraft under their management.

3. Airlines must submit regular reports on aircraft incidents to the Civil Aviation Administration of Vietnam as follows:

a) Monthly report: on the 25th day of each month;

b) Quarterly report: before the 5th day of the first month of each quarter;

c) Annual report: before January 15 of the following year.

Article 28. Consolidation of Incident Reports

On the basis of received incident reports, the Civil Aviation Administration of Vietnam is responsible for carrying out the following tasks to ensure the implementation of preventive measures against aircraft incidents:

1. To consolidate, analyze, and evaluate aircraft incident reports as stipulated in Article 27 of this Decree;

2. To inspect and audit the implementation of aviation safety assurance measures;

3. To inspect the resolution of aircraft incidents and the implementation of preventive measures against aircraft incidents;

4. To publish and notify the results of analysis and evaluation of information from incident reports to relevant organizations and individuals.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 30. Responsibility for Implementation

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