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越南民航法 LAW ON CIVIL AVIATION OF VIET NAM 2006

時(shí)間：2014-12-21 09:06來(lái)源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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5. The ownership of the aircraft being mortgaged shall only be transferred if the consent of mortgagee is obtained.
6. The aircraft mortgage registration shall be abolished in the following cases:
a) The security obligation has been completely paid off;
b) The mortgage contract has been canceled;
c) The mortgaged aircraft has been settled;
d) The judgment of court or arbitral award is in place allowing the cancellation of aircraft mortgage or declaring aircraft mortgage was invalid;
e) At the request of mortgagee.
7. In case the mortgaged aircraft is missing or seriously damaged and that aircraft was insured, the registered mortgagee shall be entitled to such the sum of insurance.
Payment of charges for the rescue and protection of aircraft

1. Organizations and individuals providing aircraft rescue and protection services shall be given priority in collecting payments for their services and other related charges.
2. Organizations and individuals providing aircraft rescue and protection services shall register their rights in collecting payments specified in paragraph 1) of this Article in accordance with the stipulations of the Government, within 90 days from the date of the completion of such services. The organizations and individuals who request for the registration of their rights shall pay fees.
3. The priority rights in collecting payments in aircraft rescue and protection services shall be terminated after the expiry of period specified in paragraph 2) of this Article, except the following cases:
a) Organizations and individuals providing aircraft rescue and protection services have registered their priority rights in collecting payments in these services;
b) Organizations and individuals providing aircraft rescue and protection services and organizations and individuals liable to pay have agreed on the settlement amount;
c) Organizations and individuals providing aircraft rescue and protection services have taken actions on the payment of charges for rescue and preservation of aircraft.
Priority debts
1. The priority debts shall be paid in the following orders:
a) Legal costs and expenses for the execution of court judgments;
b) Charges for aircraft rescue and protection and other related expenses.
2. The debts mentioned in sub-paragraph b) of paragraph 1) of this Article shall be paid in a reverse order of the dates of the events.
Section 5
LEASE OF AIRCRAFT
Types of lease
1. Vietnamese organizations or individuals shall be allowed to enter into aircraft leasing arrangements for the purpose of conducting air transportation and other civil aviation activities.
2. Lease of aircraft shall be made in the following forms:
a) Lease without crews;
b) Lease with crews.
3. Lease contracts shall be made in writing.
Lease with crews
1. In the case of lease of an aircraft with crews, the aircraft shall be operated under the Air Operator Certificate held by the lessor.
2. The lessor shall ensure the safety standards for maintenance and operation of the aircraft.
Lease without crews
1. In the case of lease of an aircraft without crews, the aircraft shall be operated under the Air Operator Certificate held by the lessee.
2. The lessee shall ensure the safety standards for maintenance and operation of the aircraft.
3. In the case of the lease of a foreign aircraft without crews by Vietnamese organizations, individuals, and if any special requirements on the aircraft, communication and air navigation equipment arise from the lessee, such requirements shall be approved by the Ministry of Transport.
Requirements for lease of aircraft
When operating leased aircraft, the lessee shall not share his economic benefits with the lessor or any related parties, nor allow them to use his entitled traffic rights.
Approval of lease of aircraft between Vietnamese organizations, individuals and Foreign organizations, individuals

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