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

时间:2014-12-21 09:06来源:蓝天飞行翻译公司 作者:民航翻译 点击:

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4. Aircraft operator shall remove aircraft from accident site upon the request of competent governmental authority and shall bear all related expenses.
Section 4
AIRCRAFT INCIDENT AND ACCIDENT INVESTIGATION
Aircraft incident and accident
1. An aircraft incident means an occurrence, other than an aircraft accident, associated with the operation of an aircraft, which affects or could affect the safety of flight operations.
2. An aircraft accident means an occurrence associated with the operation of an aircraft, which takes place between the times any person, boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:
a) A person is fatal or seriously injured as result of being in the aircraft or direct contact with any part of the aircraft, including parts which have become detached from the aircraft or direct exposure to jet blast except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew;
b) The aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft and which would require major repair or replacement of the affected components, except for engine failure or damage which is limited to the aircraft engine, its cowlings or accessories or which is limited to propellers, wing tips, antennas, tires, brakes, fairings, small dents or puncture holes in the aircraft skin;
c) The aircraft is missing or is completely inaccessible.
Objectives and procedures for aircraft incident and accident investigation
1. Aircraft incidents or accidents occurred within the territory of Viet Nam shall be investigated. The incident or accident associated with an aircraft of Vietnamese nationality or operated by Vietnamese organizations or individuals, which have occurred outside the territory of Viet Nam shall be investigated in accordance with international conventions to which the Socialist Republic of Viet Nam is a contracting party.
2. The aircraft incidents or accidents investigation shall be conducted to identify the causes of such incidents or accidents and to take measures to prevent potential incidents or accidents in the future.
3. The Government shall specify procedures for aircraft incidents or accidents investigation.
Responsibilities for aircraft incidents and accidents investigation
1. In case an aircraft incident occurred within the territory of Viet Nam or within the Flight Information Regions managed by Viet Nam, depending on the extent of damages caused by the incident, the Ministry of Transport shall make a report in accordance with the regulations of international conventions to which the Socialist Republic of Viet Nam is a contracting party.
2. In case an aircraft accident occurred within the territory of Viet Nam or within the Flight Information Regions managed by Viet Nam, the Ministry of Transport shall report to the International Civil Aviation Organization (ICAO) and notify the State of Registry, State of the Operator, State of Manufacture, State of Design and other related States in accordance with the regulations of international conventions to which the Socialist Republic of Viet Nam is a contracting party.
3. Responsibilities for aircraft incidents and accidents investigation shall be determined as follows:
a) The Ministry of Transport shall conduct aircraft incidents or accidents investigation as specified in paragraphs 1 and 2(b) of Article 104 of this Law and coordinate with the aircraft-managing agency to investigate the accident related to a State aircraft;
b) The Aircraft Accident Investigation Committee established by the Prime Minister shall conduct aircraft accidents investigation as specified in paragraph 2 (a) and (c) of Article 104 of this Law.
4. In case an aircraft accident occurred, the agency conducting the aircraft accident investigation shall have the following responsibilities:
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