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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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3. A carrier shall be allowed to transport dangerous goods by air when it has an appropriate Certificate of competency for the carriage of dangerous goods by air issued or validated by the Ministry of Transport.
4. The Ministry of Transport shall specify conditions, procedures and formalities for issuing or validating the Certificate of competency of carriage of dangerous goods by air. The applicant for the Certificate of competency of carriage of dangerous goods by air shall pay fees.
Carriage of weapons, war devices and radioactive waste
It is strictly prohibited to transport weapons, war devices, radioactive waste by air into or overflying Viet Nam’s territory, except otherwise permitted by the governmental competent authority. This provision shall also apply to State aircraft.
Chapter VII
CIVIL LIABILITY
Section 1
RIGHTS AND CIVIL LIABILITY OF THE CARRIER
Liability for damage to the passenger
The carrier shall be liable for damage in case of death or bodily injury of a passenger if the accident took place on board the aircraft or in the course of operation of embarking or disembarking by the air carrier.
Liability for damage to cargo, baggage
1. The carrier is liable for damage in case of destruction or loss of, or damage to cargo, checked baggage of the passenger due to the event took place within a period from the moment the consignor, passengers hand over cargo, checked baggage to the carrier until the moment it delivers the cargo, checked baggage to legitimate receivers; in the case of cargo, the period of the carriage by air does not extend to any carriage by sea, by land, by rail or by inland waterway performed outside an airport or aerodrome.
2. In the case of destruction or loss of, or damage to carry-on baggage, the carrier shall be liable only if the damage resulted from his fault.
In the case where the compensation has been made, if the cargo, baggage have been transported to the point of destination, the consignee shall have the right to receive the cargo, baggage and reimburse the sum of compensation for the loss of cargo, baggage to the carrier.
3. In the case the cargo has been accepted by the carrier for carriage by air, any damage shall be deemed to be the result of an event which took place during the carriage by air without taking account of the actual mode of transport, except if the carrier proves that the damage occurred in the course of carriage by sea, by land, by rail or by inland waterway. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage, such carriage by another mode of transport is deemed to be within the period of carriage by air.
4. The carrier shall reimburse to the consignor, passenger the fees for the carriage of damaged cargo, baggage.
Levels of Compensation for damage to cargo and baggage
1. The level of compensation for the destruction, or loss of, or damage to cargo or baggage shall be calculated as follows:
a) Under agreement between the parties concerned, but not exceeding the actual damage;
b) According to the declaration of value for cargo, checked baggage made at destination. In case the carrier proves that the declared value is higher than the actual value, the level of compensation shall be calculated in accordance with the actual value of damage;
c) According to the actual value of damage for goods, checked baggage which have not been declared in value;
d) According to the actual value of damage for carry-on baggage.
2. In the case of destruction, loss of, or damage to the cargo, baggage which have not been declared in value and the actual damage can not be determined, the level of compensation is to be made according to the limits of liability of the carrier in accordance with the provisions of Article 166 of this Law.
Compulsory insurance by the carrier in respect of its liability for damage
The carrier shall effect compulsory insurance covering its liability for the death or injury of passenger, destruction, loss of, damage to goods, baggage or delay or shall take other measures of security up to the limits of liability of the carrier under Article 166 of this Law.
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