NATIONAL ASSEMBLY          SOCIALIST REPUBLIC Of VIETNAM
                          Independence-freedom-Happiness

                                 Hanoi, 26 December 1991
                              as amended 16 January 1992

LAW
ON CIVIL AVIATION IN VIETNAM

CHAPTER 1

General Provisions

Section 1. Objectives, Scope, and Objects

Article 1

1.In order to ensure aviation safety, effective use of aviation potential, contribute to economic development, and expand international relations and co-operation, this Law makes regulations in relation to civil aviation.

Civil aviation as referred to in this Law means the operation of aircraft for the purpose of carrying passengers, baggage, cargo, post parcels, and postal items and for providing services in relation to other economic activities, scientific research, and cultural, sporting, health, search and rescue, and other civil activities.

2. Any matter arising in connection with civil aviation and which is not the subject of provisions in this Law shall be subject to the provisions of all other relevant laws on Vietnam.

Article 2

Organizations and individuals from all economic sectors shall be equal before the law in their civil aviation business operations. The State encourages foreign organizations and individuals and overseas Vietnamese to co-operate and invest in the area of c ivil aviation in Vietnam, on the basis of respect for the independence sovereignty, and laws of Vietnam.

Article 3

1. This Law shall apply to the following:

(a) Vietnamese civil aviation activity within the territory of Vietnam.

(b) Vietnamese civil aviation activity outside the territory of Vietnam. provided that the law of the foreign country where that activity takes place does not stipulate otherwise.

2. This Law shall not apply to the aircraft of the armed forces (including the navy) or to other aircraft used for the purpose of State public affairs, which aircraft shall hereinafter be referred to as the State service aircraft, except in cases where th ose aircraft are used for civil purposes or in other cases provided for by this Law.

Article 4

1. Where any provisions which are contrary to those contained in this Law are contained in an international treaty signed or recognized by Vietnamese, the provisions of the international treaty shall apply.

2. Vietnamese organization or individuals may agree with a foreign organization or individual at the time of signing an air carriage contract or air services agreement to apply the laws of a foreign country provided that such application will not result in a breach of the prohibition regulations of the law customs and practices of Vietnam.

3. A foreign law may be applied in Vietnam for the purpose of resolving disputes which arise out of civil aviation operations in those cases provided for by the law of Vietnam or agreed upon in the contract, and provided that this does not adversely affe ct the order and public interest of Vietnam.

Article 5

1. The Law of the country where the aircraft is registered shall apply to matters which arise as the result of the operation of the aircraft.

2. In cases where a conflict of laws arises, the following principles shall be applied:

(a) The rights to ownership of the aircraft shall be determined in accordance with the law of the country in which the aircraft is registered.

(b) The form of the contract for transfer of ownership of the aircraft shall be determined in accordance with the law of the country in which the contract is signed.

(c) Any payment for salvage shall be made in accordance with the law of the country where the aircraft to be salvaged is registered.

(d) Any dispute arising from a collision or interference with an aircraft or any damage caused by an aircraft to a third person on the ground, shall be resolved in accordance with the law of the country where the accident occurred.

Section 2. State Management of Civil Aviation

Article 6

1. The State management of civil aviation involves:

(a) Preparing and implementing a plan for civil aviation development.

(b) Issuing legal provisions which govern civil aviation, and signing and guaranteeing compliance with international treaties on aviation.

(d) Registering aircraft, airports, ad civil landing areas.

(e) Operating airports, civil landing areas, equipment used to direct air traffic, and carriage which takes place by air.

(f) Organizing search and rescue operations and investigating aircraft accidents.

(g) Organizing and ensuring security of civil aviation operations.

(h) Supervising and examining and imposing administrative penalties in respect of breaches of regulations which occur in civil aviation operations.

(i) Promoting international co-operation in the area of civil aviation.

2. The Council of Ministers shall be responsible for the uniform State management of civil aviation.

The Ministry of Transport, Communications and Post shall perform the specialized function of State management of civil aviation.

Article 7

1. All civil aviation operations which take place within the territory of Vietnam shall comply with all stipulations of the law of Vietnam in relation to the use or airspace.

2. foreign passenger aircraft shall operate within the airspace of Vietnam only on the basis of a bilateral aviation agreement which has been signed with the Government of the Socialist Republic of Vietnam or a permit issued in respect of a non-scheduled operation.

CHAPTER II

Aircraft

Section a. Registration and Nationality

Article 8

1. Aircraft as referred to in this Law means aircraft, gliders, balloons and similar machines or craft than can derive support in the atmosphere from the reactions of the air.

2. Any aircraft flying within the airspace of Vietnam, must be registered, painted with or display its internationally recognized nationality marking or any registered sign in accordance with the law of the country in which it is registered.

Article 9

1. A permit for registration in Vietnam must be obtained in respect of any aircraft which is owned by a Vietnamese citizen residing in Vietnam or by a Vietnamese legal entity the head-office of which is located in Vietnam.

An aircraft belonging to a legal entity which has foreign owned capital in Vietnam may be registered in Vietnam in accordance with the stipulations of the Council of Ministers.

2. Any aircraft in Vietnam which has not been registered in a foreign country is required to be registered in Vietnam.

Article 10

1. The aircraft referred to in this Law are those used for civil aviation.

2. The civil aircraft of Vietnam must be registered in the registration book for the civil aircraft of Vietnam. After registration in the registration book for the civil aircraft of Vietnam, an aircraft shall be deemed to be of Vietnamese nationality and shall be issued with a registration certificate as a civil aircraft of Vietnam.

3. The registration book for the civil aircraft of Vietnam shall be available for public inspection.

4. The Ministry of Transport, Communication and Post shall establish the registration book for the civil aircraft of Vietnam, and shall stipulate the procedures required for registration, the painting or display of internationally recognized nationally ma rkings and the sign of registration as a civil aircraft of Vietnam.

Article 11

A civil aircraft of Vietnam shall be reregistered where:

1. It is no longer airwothy.

2. Its ownership has been transferred.

3. It has been declared missing.

4. It no longer satisfies the conditions in accordance with the Law of Vietnam for registration as a civil aircraft of Vietnam.

Section 2. flight Requirements

Article 12

While flying within the airspace of Vietnam, an aircraft shall have a Certificate of Airworthiness that has been issued or recognized in accordance with the law of the country of its registration and which satisfies the requirements of Vietnam.

Article 13

foreign aircraft operating within the territory of Vietnam are obliged to satisfy the requirement of Vietnam relating to the use of communications equipment.

Article 14

1. The maintenance of, repairs to and aircraft and their engines shall be conducted by organizations and individuals, licensed by the authorized State body.

2. All aircraft manufactured in Vietnam and their engines and equipment shall comply with the stipulations of the law of Vietnam, and shall only be used for the purposes of aviation after a licence for use has been issued.

Article 15

The issue, extension, cancellation and withdrawal of Certificates of Airworthiness, licenses for the maintenance, repair and testing of aircraft, and licenses for the use of aircraft manufactured in Vietnam and their engines and equipment, the installatio n of radio equipment in the civil aircraft of Vietnam and the use of the radio equipment of civil aircraft operating within the territory of Vietnam, shall be the subject of provisions made by the Minister of the Ministry of Transport, Communications and Post.

Section 3. Papers and Documents to be Carried in the Aircraft

Article 16

1. Each operating civil aircraft shall carry the following paper and documents: (a) Certificate of Registration. (b) Certificate of Airworthiness. (c) Licenses of crew members. (d) Log books. (e) A licence for the use of communications equipment on board the aircraft, where such equipment has been installed. (f) A flight manual. (g) a passenger manifest in cases involving carriage of passengers. (h) A cargo manifest in cases involving carriage of cargo.

Depending on the type and model of aircraft, and category of the flight, the Minister of the Ministry of Transport, Communications and Post shall stipulate where an aircraft may be exempted from the requirement to carry certain of the papers and documents referred to in these clause.

2. Papers and documents carried by foreign civil aircraft shall conform with the law of the country where that aircraft is registered.

3. The authorized State bodies of Vietnam may, within their functions and duties as stipulated by the law, examine the papers and documents carried by the civil aircraft of Vietnam and of foreign countries.

Section 4. Rights to Ownership of Aircraft

Article 17

Any transfer of ownership or of the rights under a mortgage or charge of a civil aircraft of Vietnam shall take place in accordance with the provisions the law of Vietnam.

Article 18

Any contract for the transfer of ownership of a civil aircraft of Vietnam shall be in writing and shall be valid only upon its registration in the registration book of civil aircraft of Vietnam.

Article 19

1. Any mortgage or charge of the aircraft shall be in writing and shall be valid only upon its registration in the registration book of civil aircraft of Vietnam.

In cases where a number of mortgages and charger have been granted in respect of the same aircraft, the order of priority of those mortgages and charges shall be determined on the basis of the time at which each of them was registered.

2. The registration of mortgages and charges may only be removed with the written agreement of the parties or by order of a court.

3. After priority debts have been paid, debts owed to creditors who have registered their mortgages shall be paid on the basis of an earlier registration having priority over a later one.

Article 20

1. Priority debts shall be paid in the following order: (a) Legal costs and expenses. (b) Payment for salvage of aircraft. (c) Special expenditure incurred in the maintenance of the aircraft.

2. Where several debts exist within the groups contained in points (b) and (c) of clause 1, of these article they shall be paid in accordance with the order in which they were incurred.

Article 21

In cases where an insured aircraft which is the subject of a registered mortgage or charge is missing or in need of repair, the mortgagee or chargee shall be entitled to the benefit of any insurance.

Article 22

1.The director of the Airport Department may make decisions regarding the arrest and detention of aircraft, including a foreign aircraft which has breached the law, upon being requested to do so by other authorized State bodies. An aircraft may be detaine d for a period no longer than forty-eight (48) hours from the time of its arrest.

2. The court of the provincial or city people's committee under central authority may make decisions regarding the arrest and detention of aircraft, including foreign civil aircraft, upon being requested to do so by a creditor,or, in cases where the aircr aft has caused damage to a third person while flying , by the victim or other persons who have the rights and interests required in accordance with the stipulations of the law. Any aircraft of the same owner may be arrested.

An aircraft which has been arrested and detained shall be released where: (a) all debts have been paid; (b) security has been provided: or (c) the person who requested the detention requests that the aircraft be released.

3. Persons who request or order the arrest of any aircraft shall,where that request is without foundation or is contrary to the law, be liable for any damages suffered by the aircraft as a result.

CHAPTER III

Airports and Landing Areas

Section 1. General Provisions

Article 23

1. An airport as referred to in this law means a complex of facilities comprised of a landing area, terminal, equipment and other necessary ground facilities which are used in the departure and arrival of aircraft and air transport services.

A landing area as referred to in this Law means an area of land or sea designated for the purpose of take off, landing, and movement of aircraft.

The airport and landing area shall be surrounded by an area sufficient to ensure the safety of the aircraft and of the inhabitants of the area.

The Council of Ministers shall promulgate regulations regarding the areas adjacent to the airport and landing area of a legally established airport.

3. The civil aircraft of Vietnam, and foreign civil aircraft engaged in international operations may only take off from and land on the landing area of an airport which is open for international air traffic. An aircraft may take off from and land on the l anding area of a domestic airport only where it has been permitted to do so by the Chairman of the Council of Ministers.

International flights as referred to in this law means flights which take place between two or more countries.

Article 24

Airport and landing area charges shall be stipulated by the Council of Ministers.

Section 2. Establishment of Airports and Landing Areas

Article 25

1. the establishment, expansion or renovation of an airport and landing area,or the opening of an airport and landing area to international air traffic may only take place where a licence has been issued by the Chairman of the council of Ministers.

The licence shall clearly state the boundaries of, and the adjacent areas surrounding the airport and landing aria, and the conditions necessary for their establishment in each specific case.

The Chairman of the Council of Ministers shall make decisions in relation to the suspension of operations of an airport and landing area.

In the event that it becomes necessary, a temporary landing area may be established for the take off and landing area, and the conditions necessary for their establishment in each specific case.

The Chairman of the Council of Ministers shall make decisions in relation to the suspension of operations of an airport and landing area.

In the event that it becomes necessary, a temporary landing area may be established for the take off and landing of aircraft subject to the stipulations of the Council of Ministers

2. An airport and landing area must be registered in the registration book of civil airports of Vietnam.

3. Construction and renovation works, the installation of equipment or the planting of trees within the area of an airport and landing area which may threaten safety or interfere with flying operations is strictly prohibited.

Section 3. Licence to Use an Airport and Landing Area

Article 26

1. A licence permitting the use of airports and landing areas shall be issued where:

(a) An organization or individual applying for the licence has satisfied all conditions in relation to professional knowledge, use of aircraft, equipment and other matters necessary to ensure air safety.

(b) All requirements in respect of the airport, landing area and adjacent areas have been satisfied.

2. The duration of a licence for use shall be prescribed in the licence and may be extended or renewed.

3. A licence for use may be withdrawn in the following cases:

(a) Where the organization or individual applying for the licence has been unable to satisfy the conditions contained in clause 1 of the article.

(b) The airport and landing area has not been used, has ceased operation prior to the expiry of any time limit prescribed by the law, or is a hazard to air navigation whilst in use.

4. The Minister of the Ministry of Transport, Communications and Post shall issue, extend and withdraw any licence for use.

Section 4. State Management of Airports and Landing Areas

Article 27

1. The State management body in charge of civil aviation at the airport and landing area is the Airport Department which is headed by its Director.

The Director of the Airport Department which is responsible for co-ordinating the activities of other authorized State management bodies, at the airport and landing area and for ensuring the maintenance of public order, the environment and hygiene.

2. The Council of Ministers shall stipulate the organization, rights and duties of the Airport Department and shall issue regulations for the co-ordination of the activities of the specialized State management bodies located at airports and landing areas.

The specialized State management bodies which operate regularly at airports and landing areas shall be provided with convenient working places in accordance with the plan approved by the authorized State body.

Article 28

1. Construction and renovation works, the installation of equipment or the planting of trees in the areas adjacent to the airport and landing area must not interfere with the safety of the airport and landing area as stipulated by the Council of Ministers .

2. The Director of the Airport Department shall be entitled to examine, and supervise compliance with the regulations designed to ensure safety within the areas adjacent to the airport and landing area, and shall suspend the construction renovation works, the installation of equipment or the planting of trees in areas where those activities threaten the safety of air navigation.

The people's committees at all levels where airports and landing areas are located shall, within the scope of their functions and duties, in conjunction with the Director of the Airport Department, be responsible for maintaining public order, ensuring the implementation of provisions designed to ensure air safety in the areas adjacent to the airport and landing area, take measures to implement the destruction, removal of, or change in, the design of words and equipment, and the cutting down of trees which threaten the safety of air navigation.

CHAPTER IV

Aircrew

Section 1. General Provisions

Article 29

1. The crew as referred to in this law means the aircraft commander, the aircrew members, cabin staff, and security personnel required to ensure the safety of the aircraft during flight operations.

The aircrew as referred to in this law means a group of men who individually perform the functions of aircraft commander, co-pilot, navigator, flight engineer, and radio operator during the flight.

The crew members of the civil aircraft of Vietnam shall be Vietnamese citizens except in necessary cases where they may be foreign citizens.

2. A civil aircraft may fly provided that it has a sufficient number of aircrew members on board in accordance with the law of the country where the aircraft is registered, or of the country where the head office or permanent residence of the operator of the aircraft is located.

On the basis of the type and model of aircraft, the category of its flight and the conditions for its use the Minister of the Ministry of Transport, Communications and Post stipulate the positions, functions, and duties of the aircrew members of the civi l aircraft of Vietnam and of the aircraft under the management of, and being used by, aircraft users whose head office or permanent residence is located within Vietnam.

Article 30

1. The aircrew members of civil aircraft of Vietnam must possess the professional knowledge, health, and understanding necessary for their employment, and shall be entitled to perform their functions only after they have obtained the necessary licenses is sued or accepted by the authorized State body.

2. The Minister of the Ministry of Transport, Communications and Post shall stipulate the criteria, procedures and conditions for the grant, recognition. withdrawal, cancellation or suspension of the use of licenses granted to crew members.

Section 2. The Aircraft Commander

Article 31

The aircraft commander of a civil aircraft of Vietnam is the person who has the highest authority on the aircraft, and who is responsible for ensuring the safety and use of the aircraft while it is while it is in operation.

Article 32

The aircraft commander of an aircraft may make decisions in relation to, and shall be responsible for the take off, flying, and landing of an aircraft, the cancellation of any flight, the return of an aircraft to its place of take off, and for the perform ance of a forced landing.

In cases where it becomes necessary, in order to avoid further danger to flight safety, the aircraft commander may choose not to perform the flight or to follow the plans an directions of air traffic control, provided that at all times he acts in accordan ce with the rules of air traffic control and reports to air traffic control as appropriate.

Article 33

1. During a flight, the aircraft commander may temporary restrain any persons who, while on board the aircraft, commit a crime, breach any order or behave in a manner contrary to the orders of the aircraft commander. Such persons shall be delivered to the appropriate authorities upon the aircraft landing at the nearest suitable airport.

2. Where it becomes necessary in order to ensure the safety of the flight, the aircraft commander may, in accordance with the stipulations of the law, order the release of fuel and throw overboard baggage, cargo, post parcels, and postal items.

3. In cases where a forced landing is necessary, the aircraft commander shall be entitled to give all necessary orders in respect of all persons on board the aircraft until such time as this responsibility may be assumed by the appropriate authorities.

Article 34

The aircraft commander shall be obliged to follow the instruction of the operator of the aircraft. In cases where these instructions are unacceptable or unclear, the aircraft commander shall inform the operator immediately and may adopt any of the followi ng courses of action:

1. Expenditure of money in order to complete the flight.

2. Performance of certain tasks in order that the aircraft may continue flying.

3. Taking of certain measures and expenditure of money in order to ensure the safety of passengers and their effects during the flights.

4. Hire of labour on a short-term basis in accordance with the specific jobs, performance of which is necessary for the flight to take place.

5. Obtaining a loan necessary for the courses of action described in this article to take place.

Article 35

1. Where an aircraft is in danger or in involved in an accident, the aircraft commander shall be responsible for taking all measures necessary to ensure the safety of the aircraft passengers and their effects on board the aircraft and shall be the last pe rson to leave the aircraft.

The aircrew members shall not leave the aircraft unless ordered to do so by the aircraft commander.

2. In cases where other aircraft, persons or property outside the aircraft are discovered to have been involved in an accident, the aircraft commander shall immediately inform air traffic control and shall be responsible within his capacity to carry out r escue operation to the extent that this will not endanger the aircraft, passenger, or their effects on board.

Section 3. Labour Contracts for the Employment of Professional Crew Members

Article 36

Professional crew members as referred to in this law means those persons who perform the functions of aircrew members and who are registered in the professional crew members' registration book.

The conditions for, and procedures of registration and the establishment of the professional crew members' registration book.

The conditions for, and procedures of registration and the establishment of the professional crew members' registration book shall be stipulated by the Minister of the Ministry of Transport, Communications and Post.

Article 37

Labour contracts governing the employment of professional crew members shall, in addition to complying with the provisions contained in this section, comply with the law in relation to labour.

Article 38

The employer and user of professional crew members shall sign a labour contract in writing with the professional crew members and register this contract at the office at which the professional crew members' registration book is maintained.

Article 39

Labour contracts for the employment of professional crew members shall contain the following principal information :

1. The scope of tasks to be performed and the minimum monthly salary to be paid which shall be no lower than that stipulated by the law in respect of professional crew members.

2. The allowances to be paid where an employee is forced to stop work.

3. The conditions for termination of a labour contract in cases where employees become ill, disabled or die.

4. The last destination or point of time to be considered as the end of the duration of the contract signed in respect of each specific job.

5. The duration of any stay in a foreign country, the allowance to be paid in respect of temporary residence, and the conditions for leave or home coming.

Article 40

Professional crew members are responsible only for the performance of the tasks described in the contract and provided for by the law. In the event that they volunteer to work under special conditions which are not provided for in the contract, the employ er and user shall amend the contract to contain those working conditions, the level of allowances and damages for losses.

Article 41

1. Where a labour contract is for a definite term and expires while the contract is still being performed, the contract shall automatically be extended to the time required for it to be completed.

2. Where advance notice is given of an intention to terminate unilaterally an indefinite term labour contract and that notice is given while the contract is still being performed, the notice period shall commence as from the date on which performance of t he contracts is complete.

3. Where professional crew members are unable to continue to perform their duties, their employer and user shall transport them to the place agreed upon in the contract and shall bear all associated costs.

4. Where the aircraft commander prevents the professional crew members from working for reasons of safety or security this shall not be deemed to constitute termination of the labour contract. The employer and the user of labour shall bear all costs which arise from such work stoppages.

CHAPTER V

Air Navigation

Section 1 : General Provisions

Article 42

All Vietnamese and foreign civil aircraft operating within the territory of Vietnam, State service aircraft operating within areas under the control of civil aviation, and individuals and organizations involved flight operations shall strictly abide by th e rules of air traffic control issued by the Minister of the Ministry of Transport.

Section 2 : Air Traffic Control Office

Article 43

1. The air traffic control office forms part of the system for uniform management of all civil flight operations.

2. The air traffic control office is responsible for complying with all stipulations for the control and protection of air space, and for operating closely and continuously in conjunction with the agency under the Ministry of National Defence which contr ols and protects air space in accordance with the regulations for co-ordination of activities issued by the Council of Ministers.

Article 44

1. A person shall perform the functions of an air traffic controller only after he has obtained the requisite licence issued by the authorized State body.

2. Provisions regarding, the criteria, procedures and conditions for the issue, withdrawal or cancellation of the use of the licence of an air traffic controller shall be stipulated by the Minister of the Ministry of Transport, Communication and Post.

Section 3. flight Safety

Article 45

The aircraft commander and organizations and individuals involved in making preparations for the flight shall strictly obey the rules for preparation for a flight.

Article 46

1. While operating within the territory of Vietnam, Vietnamese and foreign civil aircraft must fly on predetermined airways. Where they fly beyond such airways, the aircraft commander and air traffic control shall immediately take all measures necessary t o bring the aircraft back to the airways.

2. An airway may be used only when there exist adequate conditions to ensure the safety of flight operations.

The Chairman of the Council of Ministers shall make decisions regarding the establishment of airways and issue of permits for their use.

Article 47

1. In special cases, the Chairman of the Council of Ministers may issue decisions to ban or restrict flights within the territory of Vietnam.

Information regarding the location of and conditions attaching to the prohibited or restricted areas shall be made available to the public.

2. Any aircraft flying within a prohibited area shall be required to land at the nearest airport or at a designated airport outside the prohibited area. The aircraft commander shall be obliged to state clearly the reasons for the breach.

Article 48

Aircraft flying over densely populated areas must fly at the specified altitude. An aircraft must not perform any maneuvers or training flights over densely populated areas, except where it is permitted to do so by the authorized State body.

Article 49

Except where it is permitted by the authorized State body, the taking of any aerial photographs or the use of radio equipment other than which forms part of the equipment of the aircraft is strictly prohibited.

Article 50

Any aircraft which flies into prohibited airspace or breaches the stipulated for flying in and out of that airspace, the rules of air traffic control, or for the control and use of airspace may, if the order of the authorities is not complied with, be req uired to operate as directed by air traffic control or land.

Section 4 : Search and Rescue, and Investigation of Aircraft Accidents

Article 51

1. The air traffic control office and the search and rescue office shall take all measures as and when they become necessary to rescue and aircraft which is in danger or which has been involved in an accident.

An aircraft in danger is one which is facing danger or has a person on board who is dangerous and is unable to be restrained by the flight crew.

An aircraft involved in an accident is one which has been damaged or destroyed during it take off, flight or landing, which has lost the ability to communicate and is descending or is forced to land outside and airport.

2. Where an aircraft is in danger or has been involved in an accident within the area of an airport and landing area, the Director of the Airport Department located in that area shall be responsible for co-ordinating with the search and rescue office in o rganizing the rescue of persons, the aircraft and personal effects within the respective areas of their responsibilities.

Where an aircraft in danger or an aircraft involved in an accident is outside the airport and land area, the search and rescue office shall co-ordinate with the appropriate local authority and other organizations in conducting search and rescue operations .

3. All organizations and individuals shall be responsible for the timely provisions of information regarding aircraft accidents to the local authority, search and rescue office, or nearest aviation organization for the provision of assistance in the searc h for and rescue of persons, and the protection of the aircraft and personal effects on board.

Article 52

1. Where an aircraft is in danger, or has been involved in an accident, or lost its powers of communication and its position is unable to be determined, the air traffic control office and the search and rescue shall immediately conduct a search.

2. The aircraft and all people on board shall be declared missing after six months from the date on which the last information on the aircraft was received in accordance with the procedures stipulated by the law.

Article 53

The investigation of an aircraft accident shall take place in accordance with the procedures stipulated by the Council of Ministers.

Article 54

All stipulations of the Maritime Code of Vietnam which relate to the salvage, protection and treatment of sunk or drifting property at sea also apply to aircraft wreckage and other effects which were on board the aircraft, which are sunk of drifting prope rty at sea shall also apply to aircraft wreckage and other effects which were on board the aircraft, which are sunk of drifting offshore or near the coast line of Vietnam.

CHAPTER VI

Carriage by Air

Section 1 : Air Transport Undertakings

Article 55

1. Only air transport undertakings which are established in accordance with the stipulations of the law of Vietnam may conduct business in the area of public air transport.

2. A licence for the establishment an air transport undertaking shall be granted by the Minister of the Ministry of Transport, Communications and Post after it has obtained a permit from the Chairman of the Council of Ministers.

3. The Minister of the Ministry of Transport, Communications and Post shall grant and operating licence for scheduled carriage by air and shall make stipulations for the grant of an operating licence for non-scheduled carriage by air.

4. The licence for the establishment of the undertaking, and the operating licence may be withdrawn or suspended when the air transport undertaking:

(a) Breaches the conditions of business and operation or other stipulations contained in the aviation regulations.

(b) Has not commenced operation within six months from the date on which the operating licence was issued.

The Minister of the Ministry of Transport, Communication and Post shall have the power to issue, extend, withdraw, cancel or suspend licenses for the establishment of air transport undertakings and operating licenses.

5. The Council of Ministers shall stipulated provisions in respect of the procedures and conditions for, and the extension, withdrawal, cancellation or suspension of the establishment licence, business registration, and the conditions for scheduled operat ions, and the conditions for and limits to non-scheduled operations.

Article 56

The National Airline of Vietnam shall be provided with the material, technical, and financial requirements necessary for its operations.

Article 57

foreign airlines shall not, except in cases permitted by the Ministry of Transport, Communications and Post, carry passengers, baggage, cargo, post parcels and postal items between places of departure and destination which are both located within the terr itory of Vietnam.

Article 58

1. foreign airlines may only carry passengers, baggage, cargo, post parcels and postal items from foreign countries into Vietnam and from Vietnam to foreign countries on the basis of aviation agreements signed with the Government of Vietnam.

2. Carriage by non-scheduled operations from Vietnam to foreign states and from foreign states to Vietnam shall take place only when permitted by the Minister of the Ministry of Transport, Communications and Post.

Section 2 : Contract for the Carriage of Cargo

Article 59

Subject to the provisions of any contract between the consignor and the consignee, for the carriage of cargo, the carrier shall transport the cargo agreed upon in the contract to its destination and deliver it to the person is entitled to delivery. The co nsignor shall be liable to pay all transport freight and fees.

Article 60

1. An air waybill is the document of cargo carriage and prima facie evidence of the conclusion of a contract for the carriage of cargo, the conditions of carriage and of receipt of the cargo.

2. The absence, irregularity or loss of an air waybill shall not affect the existence of the validity of the contract for the carriage of cargo.

Article 61

1. The consignor shall state on the air waybill the name, weight, quantity, dimensions, packaging and other characteristics of the cargo.

Every carrier of cargo shall be entitled to check the accuracy of the declaration.

The consignor shall be liable to pay compensation in respect of damages caused to the carrier, or damages for which the carrier is otherwise liable, due to the irregularity, inaccuracy or incompleteness of the particulars furnished by him.

2. The consignor shall be obliged to deliver to the carrier of the cargo all documents and other necessary information in relation to the cargo.

3. The consignor shall observe the conditions and requirements provided by the carrier in relation to the packing of and symbol and codes to be marked on the cargo.

The carrier has the right to refuse to carry cargo where its conditions and requirements in relation to packing of the cargo, and marking with symbols and codes have not been satisfied.

Article 62

1. Details in relation to the date, weight, dimension, packing and number of packages as stated by the consignor in the air waybill shall be prima facie evidence for the purposes of determining the value of the cargo in the event that any claims area lodg ed against the carrier.

2. Details in relation to the quantity, volume and condition of the cargo stated by the consignor in the air waybill shall not constitute evidence to be used against the carrier, except and insofar as the carrier and the consignor have checked and certifi ed them, or the data relates to the condition apparent of the cargo.

Article 63

1. Upon producing the air waybill, the consignor shall be entitled to:

(a) Order that the cargo be unloaded at the airport of its departure or destination.

(b) Stop the carriage of cargo during any landing which occurs in the course of the journey.

(c) Order that the cargo be delivered either at its place of destination or in the course of its journey to a person other than the consignee.

(d) Require that the cargo be returned to the airport of departure.

In cases where the consignee refuses to accept the cargo, or the cargo is unable to be delivered to the consignee, the consignor shall remain entitled to that cargo.

2. All the rights of the consignor contained in clause 1 of this article shall be terminated from the point of time at which the consignee requests that the consignor return the air waybill and cargo to him.

3. Any rights of the consignor contained in clause 1 of this article may not be exercise where to do so would result in the obstruction of the normal operations of the carrier or create an impediment to other consignees.

The requirements of the consignor in relation to the cargo shall be recorded in the air waybill. In the event that satisfaction of the requirements of the consignor becomes impossible, the carrier shall inform the consignor of this immediately.

The consignor shall bear all costs arising from satisfaction of the above requirements.

Article 64

1. Upon the cargo reaching the airport of destination, the carrier shall inform the authorized consignee to attend and collect the cargo.

2. In cases where the consignee refuses to accept the cargo, or the cargo cannot be delivered to the consignee, then the carrier shall be obliged to keep the cargo and inform the consignor by registered letter of the matter.

The consignor shall bear all costs which arise.

3. If, within thirty (30 days from the date of its receipt of the registered letter from the carrier, the consignor has not responded to that letter, the carrier shall be entitled to dispose of that cargo.

The Council of Ministers shall stipulate the procedures for disposal of cargo.

The proceeds remaining from the disposal of cargo after all expenses in relation to the carriage, storing and disposal of the cargo have been deducted, shall be deposited in the bank in order that they may be paid to the person entitled to them.

If within one hundred and eighty (180) days from the date of disposal of the cargo no claim has been made in respect of the proceeds, the carrier shall appropriate those proceeds to the State Treasury in accordance with the procedures stipulated by the la w.

Section 3 : Contracts of Carriage of Passengers and Baggage

Article 65

Subject to the terms of the contract which relate specifically to passengers and baggage the carrier shall carry passengers and baggage to the destination prescribed in their flight tickets, book seats for the passengers on the aircraft and forward baggag e to its authorized recipient and the passengers shall pay fares and fees including charges in respect of any excess baggage.

Article 66

1. The baggage checks and the baggage claim labels of passengers shall constitute prima facie evidence of the conclusion and conditions of the contract and of receipt of baggage to be carried.

2. The absence, irregularity or loss of the baggage checks and baggage claim labels shall not affect the existence and validity of the contract of carriage.

Article 67

The carrier shall take due care of the passengers and keep them informed throughout the flight. In cases where the carriage is interrupted or delayed, the carrier shall be obliged to provide accommodation and living requirements for the passengers and sha ll bear all associated costs.

Article 68

1. Passengers shall not be liable to pay charges in respect of their registered baggage or items of which they themselves take charge provided that such baggage is not in excess of the weight specified by the carrier in its conditions of carriage.

2. Children are exempted from, or entitled to a reduction in fares and shall receive seats which are suitable for their respective age groups.

Article 69

The carrier has the right to refuse, before or during a journey, to carry passengers who have purchased tickets and booked seats where:

1. The condition of a passenger's health is such that the carrier is of the opinion that to carry or continue to carry that passenger would cause harm to him or to other passengers on board the flight.

2. It is necessary to do so in order to avoid the spread of an epidemic.

3. The passengers do not obey the stipulations which govern carriage by air or cause public disorder or threaten flight safety thereby affecting the lives and health of others.

4. It is necessary to do so for reasons of security.

In the cases referred to in clauses 1, 2, 3 and 4 of this article, the passengers shall be entitled to return their ticket and obtain a refund of the fare paid in proportion to the amount of the ticket which remains unused, after deductions have been made in respect of fees and fines, if any, imposed in accordance with the conditions of the rules of carriage.

Article 70

Passengers may terminate their contract of carriage and refuse to continue the flight at any point during the course of their journey when the aircraft has landed at any airport or the destination of a forced landing, and shall be entitled to return their tickets and obtain a refund of the fare paid in proportion to the amount of the ticket which remains unused, after deduction have been made in respect of the fees and fines, if any imposed in accordance with the conditions of carriage.

Section 4 : fares

Article 71

The principles for formulating the amount of, and conditions to be applied to payment of, fares for carriage by air shall be stipulated by the Council of Ministers.

The Minister of the Ministry of Transport Communication and Post shall recommend the levels of fares to be charged for carriage.

Section 5 : Carriers' Liability

Article 72

The carrier must be insured against liability for death of or personal injury to passengers in accordance with the limits to liability and stipulations of the law in relation to insurance.

Article 73

The carrier shall be liable for all damage arises due to the death of, or any personal injury suffered by, a passenger which results from carriage by air and does not result directly from the passenger' s own state of health.

Article 74

1. The carriage shall be liable for all damage which arises due to the destruction, loss of, or damage to, baggage of a passenger which occurs during its carriage by air, apart from those cases where the damage occurs due to any of following:

(a) The natural characteristics of, or inherent defects in the cargo or baggage.

(b) The arrest by, or other action of, the authorities or a court in relation to the cargo or baggage.

(d) The fault of the consignor or consignee of the baggage, or error committed by the person who is entrusted by the consignor and the consignee to escort the cargo and baggage.

2. The carrier shall only be liable for the damage arising from baggage which is lost, missing or damaged where it is prevent that he was the cause of that damage.

Article 75

1. The period of carriage by air of passengers is calculated from the time at which the passengers arrive at the terminal or enter the aerobridge to board the aircraft to the point of time at which they leave the terminal under the guidance of the staff a cting on the carrier's behalf.

2. The period of carriage by air of cargo and baggage is calculated from the point of time at which the consignor deposits the cargo and baggage with the carrier to the point of time at which the carrier delivers the cargo and baggage to its authorized re cipient.

Article 76

1. The damages to be paid by the carrier in respect of cargo which is lost, missing or damaged shall be calculated on the following basis:

(a) The declared value of cargo and baggage where such a declaration has been made.

Where the carrier is able to prove that the declared value is greater than the actual value, the amount of damages shall be calculated on the basis of the actual value.

(b) The value of the actual damage in respect of cargo and baggage the value of which has not been declared.

2. Where damages are to be paid calculated on the basis of points (b) and (c) of clause 1 of this article, the amount of those damages shall be no greater than the amount due in accordance with the limits of liability, except in cases where it is impossib le to calculate the value of actual damage, in which case the amount of damage to be paid shall be that which represents the uppermost limit of liability.

3. Apart from the damages referred to in this article, the carrier shall also refund to the consignor freight and carriage fees paid in respect of the damaged cargo and baggage.

Article 77

1. The carrier shall be liable for any damage which arises due to delay in the event that he is unable to prove that he, or his servants or agents had taken all necessary measures to avoid the damage or that it was impossible for him to take such measures .

Cargo shall be deemed to be missing if, after seven days from the date on which it should have arrived at its destination, it has not arrived. Where damages have been paid and the cargo then arrives, the consignee is still entitled to receive that cargo a nd shall return to the carrier all damages he received.

2. The damages paid as the result of delay shall be no greater than the amount due in accordance with the limits of liability.

Article 78

1. A carrier shall not be entitled to limit his liability in those cases where he has engaged in willful misconduct or neglect thereby causing the damage.

The liability of a carrier shall only be limited in accordance with the stipulations of the law and the carrier shall be entitled to reductions in, or exemptions from, those limits only where the person who has suffered the damage has himself caused the e rrors or contributed to the cause of that damage.

The Council of Ministers shall stipulate limits to the liability of the carrier in relation to domestic carriage by air.

2. Any agreements of the entered into with passengers, the consignor or the consignee which are aimed at exempting him from or entitling him to a reduction in the limit of his liability stipulated in this law, shall be void and of no effect.

3. The carrier is entitle, however, to enter into agreements which increase the limits of his liability in relation to passengers, the consignor or the consignee.

Article 79

The carrier may require that the passengers, the consignor or the consignee pay damages to the carrier or those damages in respect of which the carrier shall otherwise be liable, The manner in which payment: shall take place and the amount of damages to b e paid shall accord with the stipulations of the civil law.

Article 80

1. The consignor and its authorized recipe ... or legal representative shall be entitled to lodge claims and institute proceedings against the carrier.

2. Before proceeding may be instituted against the carrier in relation to the loss and destruction of cargo and baggage, the consignor, or the passenger concerned or the authorized recipient of the cargo shall give notice of the claim to the carrier withi n the following time limits:

(a) In cases involving loss of baggage, seven days from the due date of receipt of the baggage.

(b) In cases of missing or destroyed cargo, fourteen (14) days from the due date of receipt of cargo.

(c) In cases of delay of carriage, twenty one (21) days from the date on which the authorized recipient should have received the cargo or baggage.

3. The carrier shall inform the claimant of its acceptance or rejection of the claim within thirty (30) days from the date of its receipt of the claim. Where the claim is rejected or the above time limit expires without a response being received, the clai mant shall be entitled to commence legal proceedings.

Article 81

The time limit for legal proceedings to be instituted against the carrier, in respect of the loss or destruction of cargo and baggage, is one year from the date of arrival of the cargo and baggage at its destination, or from the date on which the aircraft ought to have arrived at its destination, or from the date on which the carriage was suspended.

Section 6 : Other provisions

Article 82

The provisions of this chapter shall, unless otherwise stipulated by the international treaties on aviation which Vietnam has signed or recognized, also apply to international carriage by air which is conducted by the air transportation undertaking in Vie tnam.

International carriage by air means any type of carriage by air agreed upon by the contracting parties, the places of departure and destination of which are located either within the territories of two countries or, alternatively, within the territory of one country, but involving an agreed stopping place within the territory of another country.

Article 83

The carriage by air of postal parcels or items shall take place in accordance with the provisions of the law relating to post.

Article 84

1. The carriage by air of explosives, weapons or toxic, inflammable, radioactive, highly magnetic, metal eroding and fetid substances must be permitted by the authorized State body and shall take place strictly in accordance with the stipulations in relat ion to special handling and carriage.

2. Any carriage by air into and through the territory of Vietnam of weapons, instruments of war, and radioactive substances which are capable of causing substantial damage to human life, health, ecology, and the environment is strictly prohibited except i n special cases where it is permitted by the Chairman of the Council of Ministers.

CHAPTER VII

Non-contractual Liability

Section 1 : Liability for Damage to Third Persons on the Ground

Article 85

1. Any person on the ground who suffers damage caused by aircraft to their person, health and effects, hereinafter referred to as a third person on the ground is, pursuant to the provisions of this chapter, entitled to claim damages provided that he can p rove that an aircraft in flight. or persons or objects falling from it, was or were the direct cause of the damage.

A third person on the ground shall not be entitled to recover damage which is not directly caused by the events referred to in this clause.

2. The aircraft shall be deemed to be in flight as from the time of engine start-up for the purpose of take-off to the time of engine shut-down after landing. Balloons and similar flying equipment shall be deemed to be in flight as from the time at which they leave the ground to the time at which they touch down on the ground.

Article 86

1. The operator of an aircraft shall be liable for damages suffered by a third person on the ground.

2. Where the aircraft has been chartered and this is not registered in the civil aircraft registration book, the owner of the aircraft and its operator shall be liable for any damage incurred to a third person on the ground. Where the charter of the airc raft has been registered only the owner shall be liable for any damage arising when an accident occurs.

3. The person directly liable for damage, as referred to in clauses 1 and 2 of this article, shall not be liable to pay damages where the damages is the direct consequence of armed conflict or of the aircraft being requisitioned by the authorities during such time.

4. A person who uses and aircraft without authorization, thereby causing damage to a third person, shall be liable for any resulting damages. The owner of the aircraft for damage which arises where he is unable to prove that he had taken all necessary mea sures to prevent such unauthorized use.

Article 87

When two or more aircraft as the result of a collision or interference while flying, cause damage to a third person on the ground, the operators of the aircraft shall be jointly liable for all damage caused.

Article 88

Where it is proved that the person who suffers the damage, has committed errors or contributed to causing the damage, the persons who would otherwise be liable for the damage shall as stipulated by the civil law be exempted from, or entitled to a reductio n in their liability.

Article 89

1. The stipulations which govern liability for damages in this chapter shall not prevent any person liable for damages from instituting legal proceedings against any other persons for contribution.

The limit of liability for damages to be paid by a user of an aircraft who is a citizen or legal entity of Vietnam and who, in his use of the aircraft, caused damage to a third person on the ground within the territory of Vietnam, shall be stipulated by t he Council of Ministers.

2. The stipulation in this section, in relation to liability for damage to third persons on the ground, shall also apply in respect of foreign organizations which, and individuals who, in their use of aircraft, cause damage to a third persons on the groun d within the territory of Vietnam.

Article 90

1. foreign organizations which, and individuals who, operate aircraft and cause damage to third persons on the ground within the territory of Vietnam shall, in respect of each aircraft and each accident, be liable for damages subject to the following limi ts of liability:

(a) five hundred thousand (500,000) francs in respect of aircraft weighing one thousand (1,000) kilograms or less.

(b) five hundred thousand (500,000) francs plus an additional four hundred (400) francs for each kilogram in excess of one thousand (1,000) kilograms in respect of aircraft weighing more than one thousand (1,000) kilograms, but not exceeding six thousand (6,000) kilograms.

(c) Two million five hundred thousand (2,500,000) francs plus an additional two hundred and fifty (250) francs for each kilogram in excess of six thousand (6,000) kilograms in respect of aircraft weighing more than six thousand (6,000) kilograms, but not exceeding twenty thousand (20,000) kilograms.

(d) Six million (6,000,000) francs plus an additional one hundred and fifty (150) francs for each kilogram in excess of twenty thousand (20,000) kilograms in respect of aircraft weighing more than twenty thousand (20,000) kilograms, but not exceeding fift y thousand (50,000) kilograms.

(e) Ten million five hundred thousand (10,500,000) francs plus and additional one hundred (100) francs for each kilogram in excess of fifty thousand (50,000) kilograms in respect of aircraft weighing more than fifty thousand (50,000) kilograms.

2. Liability for damage arising from death or injury shall not exceed five hundred thousand (500,000) francs in respect of each death or injury.

3. Weight as referred to in this article means the maximum take-off weight of the aircraft, excluding the effect of lifting gas when it is used.

The francs referred to in this article is a monetary unit worth sixty five point five (65.5) milligrams of gold of millesimal fineness nine hundred (900).

Article 91

1. In the case where it is prevent that the operator of the aircraft has made and international or unintentional error, thereby causing serious damage, the operator shall not be entitled to the benefits of the limits of liability.

2. An unauthorized user of an aircraft shall not be entitled to the benefits of the limits of liability.

3. Where an incident occurs which causes damage, as referred to in article 87 of this Law, the person who suffers that damage shall be entitled to recover from each specific aircraft, damages to the limit of liability imposed. The persons liable for damag e caused by each specific aircraft shall not be liable to pay any damages which are in excess of their respective limits of liability.

Article 92

Where the total value of the actual damage caused is in excess of the limits of liability, damages shall be paid as follows:

1. Where a claim for damages is made exclusively in respect of loss of life or personal injury or exclusively in respect of damage to property, the level of damages shall be reduced in proportion to the amount of actual loss of each claim.

2. Where damages in respect of both loss of life or personal injury and in respect of damage to property are claimed, one half of the total sum distributable shall be appropriated to meet claims in respect of loss of life and personal injury and, if suffi cient, shall be distributed proportionately between the claim concerned. The remainder of the total sum distributable shall be distributed proportionately among the claims in respect damage to property and the portion not already covered of the claims in respect of loss of life and personal injury.

Article 93

The operator of aircraft must comply with mandatory insurance requirements or take measures to ensure the ability to pay the limit of mandatory liability.

Section 2 : Liability for Damage Caused by Air Collisions or Interference

Article 94

1. Where damage arises due to an air collision or interference, the liability of the operator of the aircraft shall be determined as follows:

(a) If the damage occurs due to the fault of one party, then damages shall be paid by that party.

(b) If damage occurs due to the fault of both parties, liability for damage shall be apportioned in accordance with the degree of fault of each party. Where it is impossible to determine such degrees, the liability for damage shall be equally shared. Wher e it is impossible to determine whether there was any fault, neither party shall be liable.

2. The stipulations contained in this article shall not affect claims made against the carrier for damages. The carrier has the right to require the party at fault referred to in clause 1 of this article, to pay on his behalf, all damages in respect of wh ich he as carrier would otherwise be liable.

Article 95

All stipulations contained in this chapter shall apply equally to State service aircraft.

CHAPTER VIII

Inspection of Aviation Safety

Article 96

1. Inspection of aviation safety is for the purpose of ensuring that the stipulations of the law on aviation safety are implemented.

Inspection of aviation safety shall include the following:

(a) Control of documents, material and licenses which are related to aviation safety.

(b) Inspection of the technical safety aspects of the condition of aircraft, equipment used in the service of the aircraft, airport, landing areas, and ground equipment used in the service of air traffic.

(c) Suspension of all activities which are in breach of the stipulations relating to air safety and the grounding of aircraft and equipment which does not satisfy the satisfy requirements.

(d) Recommendation of measures to deal with and rectify all breaches of the stipulations relating to aviation safety.

(e) Imposing administrative penalties for conduct which breaches the stipulations relating to aviation safety.

2. The Council of Ministers shall make provisions for the inspection of aviation safety.

Article 97

1. foreign and Vietnamese organizations and individuals conducting aviation activities within the territory of Vietnam shall be responsible for implementing the decisions and request of the aviation safety inspector.

The operator, pilot in command of the aircraft, and individuals involved in aviation activities shall be responsible for reporting to the aviation safety inspector no later than three days from the date: on which any of those persons are involved in or be come aware of an accident; of any serious technical breakdown of the aircraft or its equipment; of any malfunction; or any other event likely to affect performance in relation to aviation safety.

2. The aviation safety inspector shall obey the law and be legally responsible for the performance of his duties.

CHAPTER IX

Dealing with Breaches and Resolution of Disputes

Section 1 : Dealing with Breaches

Article 98

1. Any person who behaves violently towards others on board an aircraft, destroys or caused damage to an aircraft, directly or indirectly brings on broad the aircraft items and materials which are capable of destroying an aircraft, destroys or causes dama ge to air traffic control equipment or illegally interferes in its use, intentionally gives misinformation which may threaten flight safety or who breaches other stipulations of the law in relation to civil aviation activity, shall, depending on the serio usness of the offense, be subject to administrative penalty or criminal prosecution and where any damage is sustained, shall be liable in respect of claims for damages.

2. Any person who takes advantage of his position, and power, to breach the stipulations in relation to aviation safety, ticket selling, air waybills, reservation services, carriage by air, and other civil aviation activities shall, depending on the serio usness of the offense, be subject to disciplinary action, administrative penalty or criminal prosecution in accordance with the stipulations of the law.

Article 99

Any organization, which or individual who, breaches the stipulations contained in article 8, 12 and 13 of this Law shall be subject to a fine of up to twenty million (200,000,000) dong.

Article 100

Any aircraft operator, crew member or operator of aviation technical equipment who breaches the stipulations in respect of carrying with them the necessary documents, fails to satisfy the conditions specified in the licenses, or who engages in prohibited activities shall be subject to a fine of up to ten million (10,000,000)

Article 101

Any person who breaches his duty to inform or report, as stipulated in article 32, clause 2 of article 35, clause 3 of article 51 and clause 1 of article 97 of this Law, shall be subject to a fine up to two million (2,000,000) dong.

Article 102

Any person who causes damage to aircraft or its equipment shall be subject to a fine of up to twenty million (20,000,000) dong.

A fine of up to ten million (10,000,000) dong may be imposed in respect of any person who:

1. Without a permit granted by the Director of the Airport Department:

(a) Installs within the airport and runway areas signs and equipment similar to those used for airport markings.

(b) Places inflammable objects within the airport and landing area.

2. Breaches the rules in relation to placement of signal lights and markings for the purpose of identifying buildings and project in the areas adjacent to the airport and landing area.

3. Destroys the equipment and signals of the airport and landing area.

Article 103

Any person who breaches the rules in relation to the building of architectural projects, installation of equipment, and planting of trees within the areas adjacent to the airport and landing area shall be subject to a fine of up to ten million (10,000,000 ) dong, and to an order to remove them, restore the area to its original state and pay all costs and expenses.

Article 104

Any person who breaches the rules in relation to the carriage of dangerous cargo or who restricts the carriage shall be subject to a fine of up to ten million (10,000,000) dong.

Article 105

Any person who breaches the stipulations in respect of selling tickets, issuing air waybills, making reservations and providing services to passengers shall be subject to a fine op up to twenty million (20,000,000) dong.

Article 106

1. Any person who disrupts the discipline and good order on board the aircraft shall be subject to a fine of up to one million (1,000,000) dong.

2. Any person who breaches the rules in relation to filming, and photographing, and using the communication facilities on board an aircraft shall be subject to a fine of up to one million (1,000,000) dong and confiscation of his equipment and film.

Article 107

Any person who breaches the stipulation in respect of fire prevention on board the aircraft, and environmental and preventative hygiene within the airport and landing area shall be to a fine of up to ten million (10,000,000) dong.

Article 108

1. Any person who commits a breach may, apart from fines, also be subject to additional penalties and other measures pursuant to the stipulations of the law in relation to administrative penalties and, where damage is sustained, shall also be liable to pa y damages.

2. The Council of Ministers shall make stipulations in respect of the jurisdiction over administrative penalties and shall, when price inflation increased by twenty (20) per cent or more, adjust the amount of fines to be imposed.

Section 2 : Resolution of Disputes

Article 109

All disputes which arise in relation to civil aviation may be resolved by way of negotiation, conciliation or arbitration or be brought before the court for judgment pursuant to the jurisdiction and procedures stipulated by the law.

CHAPTER X

final Provision

Article 110

This Law shall be of full force and effect as of 1 June, 1992. All previous provisions which are contrary to this Law are hereby repealed.The Council of Ministers shall make detailed regulations for the implementation of this Law.

This Law was approved by Legislature VIII of the National Assembly of the Socialist Republic of Vietnam at its 10th Session, on 26 December 1991.

President of the National Assembly

LE QUANG DAO

LAW ON CIVIL AVIATION IN VIETNAM

LAW
ON CIVIL AVIATION IN VIETNAM