Nghị định 02/2012/ND-CP

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 goods shall ensure performance of transporting passengers, luggage and goods in 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.

Article 7. Procedures for re-arrest of aircraft

Procedures for re-arrest of aircraft at the request of persons possessing rights and benefits with respect to aircraft shall comply with procedures for arrest of aircraft specified in Chapter II of the Ordinace on procedures for arrest of aircraft and provisions in this section.

SECTION 2. PROCEDURES FOR RELEASE OF ARRESTED AIRCRAFT

Article 8. Procedures for implementation of decision on release of arrested aircraft

1. After receiving a Decision on release of arrested aircraft, decision on canceling decision on arrest of aircraft of Court or in case of extension of arrest of aircraft as prescribed, the Director of Airport Authorities or Representative Heads of Airport Authorities shall:

a) Immediately issuing a Decision on cancelling Decision on implementing arrest of aircraft.

The decision on canceling Decision on implementing arrest of aircraft enclosed with copy of Decision on release of aircraft or copy of Decision on cancelling Decision on arrest of aircraft must immediately be send to facility supply air traffic service; operator of airport; operator of aircraft and commander of aircraft through Aviation telecommunication network (ATN).

Form of Decision on canceling Decision on implementing arrest of aircraft and the minute of hand over and receive the decision on canceling Decision on implementing arrest of aircraft is specified in the Annex III and Annex IV of this Decree.

b) To assume the prime responsibility for, and coordinate with operator of airport, airlines; operator of aircraft and the state management agencies at the airport to implement necessary jobs in order to permit aircraft take off and solve jobs relating to immigration procedures for passengers, customs procedures for goods accompanied with flight.

2. The airport authority shall send immediately the Decision on canceling decision on implementing arrest of aircraft to the Course having issued the Decision on release of arrested aircraft, decision on canceling Decision on arrest of aircraft.

3. Aircraft possessing Decision on release may continue to put into operation after person with rights and obligations for aircraft having paid or agreed on payment for arising expenditures relating to the arrest of aircraft at airport.

4. After 30 hours, since issuing Decision on canceling Decision on implementing arrest of aircraft and fail in communication with person with rights and obligations of arrested aircraft, the Airport Authority or Representative Head of Airport Authority shall report to the Civil Aviation Authority of Vietnam. Within 30 days, after receiving report of airport authority or representative head of airport authority, the Civil Aviation Authority of Vietnam shall notify to aviation authority of national where the aircraft registers nationality, and the Consular Department – the Ministry of Foreign Affairs shall notify 03 times continuously via means of mass media in the central and local where aircraft is arrested about request for receive back aircraft.

Chapter 3.

PROCEDURES FOR HANDLING THE RENOUNCED AIRCRAFT

Article 9. Cases of renounced aircraft

Aircraft is considered as being renounced in the following cases:

1. After the Decision on arrest of aircraft is invalid, and there is no agency, organization or individual that comes forward to implement rights and obligations relating to that aircraft.

2. The owner of aircraft announce in writing about aircraft renunciation without transfer of rights and obligations relating to that aircraft to a legal insurance organization or authorization for other organization or individual. The written announcing the aircraft renunciation of the owner of aircraft must be send to Court that have issued Decision on arrest of aircraft or Aviation Department. If aircraft is property of many owners, the aircraft renunciation must be agreeded by all co-owners, unless otherwise agreed.

3. After 60 days, since the Civil Aviation Authority of Vietnam posts a last notice on means of mass media of the central and local, if person with rights and obligations with respect to aircraft fail to communicate with Civil Aviation Authority of Vietnam to receive back aircraft, unless person with rights and obligations relating to aircraft sue at Court for settlement of disputes and the Court has accepted for a civil case or matter.

4. After 60 days, since the expired day of contract for use of landing ground at airport, if person with rights and obligations with respect to aircraft fail to communicate with operator of airport to settle use of aircraft landing ground, the operator of aircraft shall report to Civil Aviation Authority of Vietnam. The Civil Aviation Authority of Vietnam shall notify to aviation authority of national where the aircraft registered nationality. The Consular Department - the Ministry of Foreign Affairs shall concurrently notify 03 times continuously on means of mass media of the central and local about request of receive back of aircraft. After 60 days, since the Civil Aviation Authority of Vietnam publishes the last notice on means of mass media of the central and local, if person with rights and obligations with respect to aircraft fail to communicate with Civil Aviation Authority of Vietnam to receive back aircraft.

Article 10. The procedures for handling the renounced aircraft in case specified in clause 1, Article 9 of this Decree

1. If aircraft is renounced as prescribed in clause 1, article 9 of this Decree, the Court having issued Desicion on arrest of aircraft shall auction aircraft.

2. Procedures for auction of aircraft and its payment shall comply with provisions of law.

Article 11. The procedures for handling the renounced aircraft in cases specified in clauses 2, 3 and clause 4, Article 9 of this Decree

1. If aircraft is renounced as prescribed in clauses 2, 3 and clause 4, Article 9 of this Decree, the Civil Aviation Authority of Vietnam shall be agency performing rights and obligations of person with responsibility for transfer of auctioned property as prescribed by law. Amount of auction shall be deposited in “Account of the help-managed and-kept money” of Civil Aviation Authority of Vietnam at bank which is permitted to operate in Vietnam for settlement as prescribed by law after having deducted expenditures relating to auction.

2. Procedures for auction of aircraft shall comply with provisions of law.

3. After 03 years, since Civil Aviation Authority of Vietnam deposited amount in the “Account of the help-managed and-kept money”, if there is not agency, organization or individual requesting for receive back, that amount shall be expropriated. The Civil Aviation Authority of Vietnam shall update information on aircraft registered Vietnamese nationality be auctioned into the aircraft register book of Vietnam.

4. Payment of aircraft auction shall be paid in the priority order as follows:

a) Court fees and expenditures for enforcing civil judgments, handling collateral by auction of aircraft;

b) Charge for preservation, rescue of aircraft and expenditures relating to such jobs;

c) Debts on tax, charge, fee as prescribed by law;

d) The third person on the ground suffered damage;

dd) Debts on rights and benefits with respect to aircraft having been registered or according to judgments, decisions of Court;

e) Others according to agreement among relevant parties or as prescribed by law.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 12. Effect

This Decree takes effect on February 24, 2012.

Article 13. Organization of impementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committee of central-affiliated cities and provinces shall implement this Decree.