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Decree 25/2000/nd-Cp: Management Of Civil Activities In Vietnam

Original Language Title: Nghị định 25/2000/NĐ-CP: Về quản lý hoạt động bay dân dụng tại Việt Nam

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GOVERNMENT DECREE on the management of civil activity in Vietnam the GOVERNMENT pursuant to the law on Government Organization 30, 9năm 1992;

Pursuant to the law of civil aviation on 26 December 1991, Vietnam; Law on amendments and supplements to some articles of the law on Vietnam civil aviation 20tháng 4, 1995;

According to the proposal of the Director General of civil aviation Vietnam, Decree: chapter I GENERAL PROVISIONS article 1. This Decree shall apply to: 1. civil activity of Vietnam, foreign aircraft on the main airport in thổnước of the Socialist Republic of Vietnam;

2. civil activity of Vietnam aircraft, flying boat in the vùngthông report by the Vietnam aircraft management;

3. other flying activity is regulated in this Decree.

Article 2. All civil activities in Vietnam are made on the basis of religion trọngnguyên rules of sovereignty completely and separately for the Sun on the territory of the Socialist Republic Vietnam nướcCộng and will only be conducted when there are permitted to fly by the competent cơquan of Vietnam.

 Điều3. In this Decree, the terms below are interpreted as follows: 1. "civil activities" is the flight to, fly away, and bayqua bay in Vietnam, including: a) the flight of civil aircraft;

b) the flight of the flying boat service or civil purposes trongkhu control activity of civil aviation;

c) special flights.

2. the "Flying Boat" includes airplane, glider, airship and ship the other similar aircraft security entrance control equipment can be kept lifting, move in the atmosphere thanks to the tácđộng reciprocity with air;

3. "commuter Train" is a dedicated ship for dândụng purposes, including transportation of passengers, baggage, goods, parcels, Mailer; serves the economic activity, scientific research; socio-cultural activities, sports, medical, search-rescue and other activities;

4. "Ship flying the service" is the train of the armed forces, the naval quanvà the other State agencies for purposes of the public service;

5. "area control of civil aviation" includes the đườnghàng not specified in paragraph 1 to article 46 Vietnam civil aviation Law vàcác other areas specified in regulation of airports;

6. "international flight" means a flight over the territory of the two hoặcnhiều countries, including routine flights and flights are not usual. The flight was routine commercial flights serve public service scheduled thựchiện published or steadily bringing computer systems. Non-thườnglệ is not a routine flight;

7. "military flights" is a flight due to train corporate or civil tầubay made to military purposes or military in nature;

8. "special flight" is the flight of Vietnam or nướcngoài are used completely separately or combined đượccơ and commercial shipping authorities to confirm or announce special service regulations;

9. "the urgent situation" is the situation when the train's have hỏnghóc techniques, met bad weather conditions, safety, and security of flight bịuy rape to the level to change flight plans in part to assure the chochuyến bay;

10. "allow" is the text or the signal due to the appropriate quyềncấp, allowing the ship to operate, including the conditions and limits of unAmerican activities permitted.

 

Chapter II LEVEL and ALLOW MANAGEMENT article 4.

1. The Foreign Ministry permission for the special flight carrying foreign kháchmời of the party, Congress, State Government, and the Minister of Foreign Affairs of Vietnam Socialist Republic nướcCộng and hoặctiền escort duty stations for the flight muscle which perform civil activities in South tạiViệt.

2. Ministry of Foreign Affairs is responsible for notifying the Department of Defense and civil aviation dândụng Vietnam has granted flying permits to ensure close collaboration in the lýthực we allow.

Article 5.

1. Department of Defense licensed for Vietnam's military flights or nướcngoài perform civil activities in Vietnam.

2. The Department of Defense is responsible for notifying the Department of civil aviation of Viet Namphép bay was granted to implement coordinated, managed and operated the flight.

Article 6.

1. Vietnam Civil Aviation Administration licensing for unmanned aircraft carry civilian in Vietnam unAmerican activities: a) the flight of civil aircraft Vietnam and overseas civil purposes;

b) Vietnam's special flight; escort flight or money for a dedicated engine cácchuyến stations;

c) special flights of foreign countries do not belong to the scope of the provisions of article 4 of this theorem củaNghị; escort flights or stations for the professional flight cơđó;

d). The flight of corporate Vietnam and foreign countries not belonging to the range quyđịnh in article 4, article 5 of this Decree.

2. Vietnam Civil Aviation Administration has the responsibility to deploy the aircraft permission has granted theoquy in clause 1 of this article, article 4 and article 5 of this Decree to the cơquan, the relevant unit to management, operating the flight; monitoring and implementation allow polygraph.

Article 7.

1. Based on the nature of the operation, the Vietnam Civil Aviation Administration cácloại flight rules at the point of a paragraph 1 article 6 of this Decree, the procedure, the tựtriển testimony was allowed.

2. the Director General of civil aviation Vietnam can authorize the license trựcthuộc unit when the situation requires urgent intervention news thờihoặc flight operating service providers quickly.

3. Vietnam Civil Aviation Administration regulates the procedure of receiving and managing, controlling, operating flights through the notification due to Hàngkhông the international civil organization (ICAO) delivered to Vietnam.

Article 8.

1. The following flight only licensed after the consent of the Quốcphòng: a) the flight of civil aircraft, the ship flew the public service for the purposes of civil hoặchoạt in the area of control of civil aviation tạicảng takeoff, landing, the airport is not gay , civil airport;

b) special cargo flights;

c) training flights, maneuvers;

d) flights conducted in limited areas and dangerous region, fly zone;

DD) filming flights, photography;

e) flight by helicopter;

g) low flight;

h) flights performed outside air;

I) flight of foreign corporate ship;

k) medical flights of foreign countries;

l) international flight landing, taking off at airports, use baydân.

2. The flight muscle of foreign land, take off in the port of hàngkhông, regional airport licensed only after the consent of the BộQuốc room and the Vietnam Civil Aviation Bureau.

Article 9.

1. The flying license for international flights are routine on the base and phùhợp with the conditions of the agreement, which Vietnam signed aviation agreement of foreign kếtvới and the provisions of the law of Vietnam.

2. The license for international flights do not always have to consider the yếutố trade, aviation safety, security, defense and other related phápluật of Vietnam.

3. The licensing for unmanned aircraft are based on the ability of the airport, not cảnghàng.

Article 10.

1. the licensing authority can modify or cancel the permission to fly because of the following reasons: a) security, Defense;

b) safety of the flight;

c) order and the public interest;

d) defend the interests of the State;

e) under the provisions of the agreement, which Vietnam aviation agreement signed with nướcngoài;

g) allow applicants to provide information not honest or vilừa lies.

Việcsửa changed, cancel the permit to fly shall be notified to the person requesting permission to fly in thờihạn rules.


2. In case of flight cancellation order was granted permission, the permission to fly phảithông notify the licensing agency fly ahead of scheduled flights.

Article 11. Ngườixin allows aircraft to be responsible about the legality of the following documents: 1. the mining ship certificate, certificate of home maintenance, the repair ship;

2. Certificate of registration of the ship, qualified certificate, the certificate is củatầu noise, mining license radio on the train;

3. Member's certificate and crew and those related to the exploitation, maintenance and repair of the ship in flight.

Article 12. Vietnam Civil Aviation Administration, in coordination with the Ministry of defence, Ministry of Ngoạigiao rules and procedures guidelines, modification, addition or cancellation of permit bayđối with these types of flights.

Article 13.

1. allow applicants to submit the fee as prescribed by the law.

2. The chủtrì finance in collaboration with the Vietnam Civil Aviation Administration regulates the collection and use the license fee dụnglệ bay.

 

Chapter III IMPLEMENTATION article 14 ALLOW. The ship conducted flight operations in Vietnam have to: 1. Compliance with the law of Vietnam and the international treaties to which Vietnam signed; bayđúng road, area, point, point out is specified;

2. Maintain constant communication with the airport management agency, Vietnam;

3. In compliance with the operating, control and guidance of Vietnam airport administration;

4. take-off, landing at the airports, the airport specified in phépbay.

Article 15.

1. The person in command of the ship, the representative of the exploitation of the ship or the vậnchuyển are responsible to complete the procedures for the flight in accordance with the law địnhcủa.

2. The train only to be allowed to depart when his manager at cảnghàng airport, and not have to follow the flight plan has been approved by lýbay Agency.

Article 16.

1. the crew must contact and timely reporting to the governing body's Namđể airport guidance and help in the following cases: a) for reasons of objectivity, the ship flies can't fly true journey, the road hàngkhông;

b) because of objective reasons, the train could not land at the airport are appoints trongphép bay;

c) appears the situation is an emergency landing in the territory of Vietnam;

d) other urgent situations.

In the above case, the crew must follow the guidance of the agency manage my fly and other competent agencies of Vietnam.

2. The civil administration and Management Department of the Ministry of Defense phảikịp notification for each other and made concerted measures priority giúpđỡ, guide and train operating in the following cases: a) the provisions in points a, b, c and d of paragraph 1 of this Article;

b) When the ship flew out of touch or crew lost control of the train.

 

Chapter IV inspection and MONITORING the IMPLEMENTATION of article 17 FLIGHTS.

1. Flying Boat detained or suspended the departure in the following cases: a) violation of the rules of procedure, flight, flight plan and thựchiện allowed to fly;

b) violates the legal provisions about the papers, documents related to exploitation, repair and maintenance of the train;

c) violated testing procedures, airline security;

d) flights have been signs menace, security;

e) by order of the competent authority.

2. personal or agency ordered the detention or suspension of departure bay boat trips baytrái law to compensation for the exploitation of the train or ngườivận moved under the provisions of the law.

Article 18.

1. By order of the competent authority, the agency responsible for airport management love cầutầu bay have sailed back to the airport, detention or suspension of train departure bay.

2. in the case of guarantee safety of flight, flight management agency can not require the train to fly back as specified in paragraph 1 of this article nhưngphải notify the Agency ordered the ship to fly back.

3. personal or agency ordered the ship to fly back under paragraph 1 of this article left right phápluật compensation for the exploitation of the ship or aircraft who vậnchuyển under the provisions of the law.

Article 19.

1. The train could be blocked or flight forced to land where the provisions to điềutra, or apply other necessary measures prescribed by the phápluật in the following cases: a) violated airspace Vietnam;

b) breach of national security;

c) serious breach of the provisions of the law on Civil Aviation;

d) deliberately not made orders of the governing body.

2. The Ministry of defence, in coordination with the Vietnam civil aviation rules prohibit mandatory forms địnhthể bay and landing ship.

Article 20.

1. The exploitation of the train must be responsible in damages according to the quyđịnh of the law of Vietnam if the ship's damage on life, health and property of third persons in the ground in the territory of Vietnam or củacông people, in Vietnam the legal sovereign rights your right pháncủa, Vietnam, in the land, the waters not under the sovereignty and jurisdiction of any country củabất.

2. in the case of the compensation prescribed in paragraph 1 of this article, the use of the train is the citizen, legal entity entitled Vietnam civil responsibility hạntrách world level applicable to individuals, foreign organizations regulating civil aviation tạiLuật Vietnam.

 

Chapter V, article 21 ENFORCEMENT TERMS.

1. Vietnam Civil Aviation Administration has the task: a) management, inspection, monitoring, conducting flight operations in the vựckiểm control of civil aviation, at the airports, civilian airport vàtại the Notification Manager by Vietnam;

b) notifies Defense Ministry and the competent State agencies of the yếutố related to the flight safety, aviation security; the quyđịnh violation of aircraft operating, management of Vietnam and violating international treaties tếhàng not that Vietnam signed.

2. The Department of Defense has a mission: a) to manage, monitor and secure, steadily for all flight operations in Vietnam lãnhthổ;

b) applies the necessary measures prescribed by law to prevent and handle violations of rules địnhvề extraction, use of airspace, the flight mode, ensure safe flight;

c) manage, oversee the operation filmed, photographed from the air by the law địnhpháp on security and defense.

Article 22. organizations and individuals violating the provisions of this Decree, then depending on the level of viphạm dealt with according to law.

Article 23. This Decree takes effect after 15 days from the date of signing and replacing Decree số111, dated July 2, 1988 of the Council of Ministers on the rules for media đốivới foreign aircraft flying to, fly away, fly in and fly through the trờinước Socialist Republic of Vietnam and cancel the previous provisions of this Decree tráivới.

Article 24. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the provinces, centrally thànhphố responsible to enforce this Decree.