| THE GOVERMENT ------- No.: 02/2012/ND-CP | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------------- Hanoi, January 11, 2012 |
DECREE
DETAILING AND GUIDING IMPLEMENTATION OF ORDINANCE ON PROCEDURES FOR ARREST OF AIRCRAFT; PROCEDURES FOR HANDLING RENOUNCED AIRCRAFT
GOVERNMENT
Pursuant to the Law on Government organization, of December 25, 2001;
Pursuant to the Law on Vietnam civil aviation, of June 29, 2006;
Pursuant to the Ordinance on procedures for arrest of aircraft, of March 16, 2010;
At the proposal of The Minister of Transport,
DECREE:
Chapter 1.
GENERAL PROVISION
Article 1. Scope of regulation
1. This Decree provides on:
a) The arrest of aircraft, release of arrested aircraft;
b) Procedures for handling aircraft being renounced in Vietnam.
2. This Decree adjusts aircraft as prescribed in the Law on Vietnam civil aviation.
Article 2. Subjects of application
This Decree applies for Vietnamese and foreign agencies, organizations, individuals relating to the arrest of aircraft, the release of arrested aircraft and the handling of aircraft being renounced in Vietnam.
Article 3. The responsibilities and powers of relevant agencies and units
1. The Civil Aviation Authority of Vietnam shall update information on handling arrested aircraft and put into the Aircraft Register Book of Vietnam.
2. The consular department – the Ministry of Foreign Affairs shall coordinate with the state civil aviation management agencies, and be communication centre with diplomatic representative, consulate agencies or other representative agencies of national where aircraft registered its nationality.
3. Airport enterprises shall coordinate with Airport Authorities, Representatives of Airport Authorities to implement decisions of Court having issued Decision on arrest of aircraft; appointment of position for aircraft to land at airport; implement preservation of aircraft and be entitled to collect prices, fees, charges as prescribed.
Chapter 2.
PROCEDURES FOR ARREST OF AIRCRAFT, RELEASE OF ARRESTED AIRCRAFT
SECTION 1. PROCEDURES FOR ARREST OF AIRCRAFT
Article 4. Procedures for implementation of decision on arrest of aircraft
1. After receiving a Decision on arrest of aircraft and right after the aircraft have landed or after receiving a decision on annulling a Court’s Decision on release of aircraft as prescribed in article 10 of the Ordinance on procedures for arrest of aircraft, the Director of Airport Authorities or Representative Head of Airport Authorities shall:
a) Immediately issuing a Decision on implementation of arrest of aircraft.
The decision on implementation of arrest of aircraft enclosed with copy of Decision on arrest of aircraft or copy of Decision on annulling Decision on release of aircraft of Court must immediately be send to facility supply air traffic service; commander of aircraft; operator of airport; operator of aircraft through Aviation telecommunication network in order to suspend training for take off or cancel flight license for aircraft which having a decision on arrest.
Form of Decision on implementation of arrest of aircraft and the minute of hand over and receive the decision on implementation of arrest of aircraft is specified in the Annex I and Annex II of this Decree.
b) To assume the prime responsibility for, and coordinate with operator of airport, relevant airlines; operator of aircraft and the state management agencies at the airport to implement not permission taking off with respect to that aircraft.
c) To solve jobs relating to procedures on immigration for passengers, customs procedures for goods accompanied with the flight (if need exit, immigrate passengers, luggage, goods).
2. The airport authority shall send immediately the Decision on implementation of arrest of aircraft to the Course issuing the Decision on arrest of aircraft.
3. The applicant for flight license, the operator of aircraft, the commander of aircraft shall notify to the Director of airport authority or representative head of airport authority about person performing rights and obligations with respect to the arrested aircraft in time limit which the aircraft being arrested at airport.
Article 5. Notice of having implemented the arrest of aircraft
Within 05 hours, after the airport enterprise appointed position to land at airport, the Director of Airport Authority or Representative Head of Airport Authority shall notify in writing that the aircraft has been arrested to Court that issued Decision on arrest of aircraft and the Civil Aviation Authority of Vietnam.
Article 6. The responsibility of airlines which performing transport of passengers, luggage, goods of which aircraft is arrested
1. When the aircraft is arrested, the airline performing transport of passengers, luggage and goodsshall ensure performance of transporting passengers, luggage and goodsin accordance to the signed contract, arrange accommodations for passengers if the aircraft may arrested for 24 hours; coordinate with immigration management agencies and relevant agencies to solve the immigration procedures for passengers, customs procedures for goods (if must exit or immigrate passengers and goods).
2. Civil Aviation Authority of Vietnam shall supervise and require ailines to implement obligations specified in clause 1 of this Article; handle or request a competent agency to handle as prescribed by law if airlines fail to implement obligations as prescribed.
