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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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Jurisdiction
The claims of third parties on the surface for compensation shall be brought before the court of the State where the damage occurred, unless otherwise provided for by the international conventions to which the Socialist Republic of Viet Nam is a contracting party.
Time limit for Actions claiming for compensation
The time limit for actions claiming for compensation for damage caused to third parties on the surface shall be two years, from the date on which the event causing the damage occurred.
Applications of provisions on compensation
The provisions in this Section shall also apply to the aircraft in flight which caused damage to ships, craft, constructions of Viet Nam in Vietnamese inland and in the territorial waters under the sovereignty, sovereign right, national jurisdiction of Viet Nam, in sea areas, land areas and waters not belonging to the sovereignty and the jurisdiction of any nation.
Section 2
COMPENSATION LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT COLLISION OR
INTERFERENCE WITH EACH OTHER
Compensation liability for damage caused by aircraft collision or interference with each other
1. In case the damage was caused by aircraft collision  or interference with each other, the liability of aircraft operator shall be determined as follows:
a) Damage was caused by fault of one party, that party shall be liable for damage;
b) Damage was caused by fault of two or more parties, the liability of each party shall be based on the fault contributing to damage.  In the case fault of each party may not be determined, liabilities of parties are shared equally.
2. Provisions of this Article shall not prejudice the question of requiring a carrier to compensate.  The carrier shall have the right to require the aircraft operators who are liable for damage specified in paragraph 1) of this Article to fulfill the obligation to reimburse the sums of money compensated.
Joint liability
In the case the damage was caused by collision of two or more aircraft or interference with each other to the third parties on the surface, the operator of each aircraft shall be jointly liable for damage to the extent their fault contributed to that damage.
Chapter VIII
CIVIL AVIATION SECURITY
Civil aviation security
1. Civil aviation security is to use, in combination, measures, human resources, equipment and facilities with a view to preventing, suppressing and coping with acts of unlawful interference against civil aviation activities in order to safeguard passengers, crew and persons on the ground.
2. Acts of unlawful interference against civil aviation activities are acts that may threaten the safety of civil aviation activities, including:
a) Unlawful seizure of aircraft in flight;
b) Unlawful seizure of aircraft on the ground;
c) Use of aircraft as the weapon;
d) Hostage-taking on board aircraft or on airports and aerodromes;
e) Forcible intrusion on board an aircraft, at an airport/aerodrome or on premises of a civil aviation facility;
e) Illegal introduction on board aircraft, at an airport/aerodrome and other restricted areas of dangerous items.
The dangerous items include weapons, ammunition, flammable substances, explosives, radioactive items and other dangerous articles that are capable of posing a risk or may be used for posing a risk to people's health and life or safety of aircraft in flight.
f) Communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or general public at an airport, or on premises of a civil aviation facility.
Security measures to protect civil aviation activities
1. Civil aviation security shall be ensured by the following measures:
a) To establish restricted areas at airports, aerodromes and locations of buildings and aviation facilities to safeguard the aircraft, buildings and facilities therein;
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