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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來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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Lease of an aircraft between Vietnamese organizations, individuals and foreign organizations, individuals shall be approved in writing by the Ministry of Transport after the followings have been taken into account:
a) Type of lease;
b) Eligibility of parties involved in the lease agreement;
c) Lease period;
d) Number and type and life of the leased aircraft;
e) Nationality of the aircraft;
f) The required certificates for the aircraft;
g) Agreement on civil liability insurance for passengers, baggage, cargo and for the third party on the surface;
h) The organizations which operate, maintain the aircraft under the terms of the appropriate Air Operator Certificate.
2. Vietnamese organizations, individuals leasing an aircraft shall provide a copy of the lease agreement and related documents for review and approval. The Ministry of Transport shall review and approve such an agreement within a period of seven working days from the date of the receipt of the required documents.
3. Approval procedures specified in paragraph 1) of this Article shall not be applied to leasing of an aircraft for not more than seven consecutive days in the following cases:
a) The aircraft is leased for replacement of an aircraft conducting special flights or being requisitioned for government services;
b) The aircraft is leased for replacement of an aircraft being in accident or technical incident;
c) The aircraft is leased for replacement of an aircraft that cannot be in operation due to force majeure.
Vietnamese organizations, individuals leasing an aircraft in line with provisions under paragraph 3) of this Article shall inform the Ministry of Transport in writing that the lessor possesses an appropriate Air Operator Certificate.
4. In the case the lease agreement terminates, related temporary import/export permission expires or upon the request of competent governmental authority, Vietnamese organizations, individuals shall liquidate the agreement, re-export or take back to Viet Nam the leased aircraft.
Transfer of functions and duties between State of Registry and State of the Operator
1. In the case of leasing of an aircraft between Vietnamese organizations, individuals and foreign organizations, individuals, the Ministry of Transport shall come to an agreement with the competent authority of the State in which the aircraft is registered or the State of the Operator on the transfer of functions and duties of the State of registry in accordance with the laws of Viet Nam and international conventions to which the Socialist Republic of Viet Nam is a contracting party.
State of the Operator is the State in which the operator’s principal office is located or, if there is no such place of business, the operator’s permanent residence.
2. The agreement between the State of Registry and State of the Operator of the aircraft specified in 1) of this Article shall include the responsibilities in whole or part of:
a) Ensuring the compliance of regulations on flight operations;
b) Ensuring the compliance of the terms of the Certificate of Airworthiness;
Ensuring the compliance of the requirements for the flight crew;
d) Ensuring the compliance of the requirements concerning installation and use of airborne radio equipment.
Section 6
SUSPENSION OF FLIGHT, SEIZURE AND ARREST OF AIRCRAFT
Suspension of flights
1. Departure of an aircraft shall be suspended in one of the following cases:
a) Urgent situations require the protection of national sovereignty and security or it is found that the aircraft is in breach of national defense and security;
b) Violation of regulations on airworthiness standards, aircraft operations, aviation security and safety, flight procedures, flight plan filing and implementation, and flight permit performance;
It is found that the flight jeopardizes aviation security and safety;
Other cases as required by the competent governmental authorities.

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