Pháp lệnh về thủ tục bắt giữ tàu bay năm 2010

ORDINANCE

ON PROCEDURES FOR ARREST OF AIRCRAFT

 

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented by the Resolution No. 51/2001/QH10;

Pursuant to the Resolution No. 11/2007/QH12 on the law and ordinance making program of the XIIth National Assembly (2007 - 2011) and for 2008;

The Standing Committee of the National Assembly promulgates the Ordinance on procedures for arrest of aircraft.

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Ordinance defines the jurisdiction, order and procedures for arresting aircraft at airports and airfields to secure the interests of creditors, owners or third parties on the ground that suffers damage, or of other persons with rights or interests related to the aircraft (hereinafter referred to as persons with rights or interests related to the aircraft), or to enforce civil judgments and the jurisdiction, order and procedures for releasing arrested aircraft.

2. This Ordinance is not applied to official-duty aircraft, except for cases where official-duty aircraft are used for civil purposes.

 Article 2. Subjects of application

This Ordinance is applied to Vietnamese agencies, organizations and individuals; and foreign agencies, organizations and individuals related to the arrest of aircraft.

 Article 3. Jurisdiction to arrest an aircraft

The people’s court of a province or centrally run city (hereinafter referred to as the provincial-level people’s court) of an airport or airfield at which an aircraft requested to be arrested lands has jurisdiction to decide to arrest the aircraft.

 Article 4. Interpretation of terms

In this Ordinance, the terms below are construed as follows:

1. Arrest an aircraft means prohibiting an aircraft from moving out an airport or airfield under a decision of a court.

2. Another person with rights or interests related to the aircraft means the aircraft lessor, the aircraft operator or another agency, organization or individual with rights and interests directly related to the aircraft under the provisions of the Vietnam Civil Aviation Law but is not a creditor, the owner or a third party on the ground that suffers damage.

3. Aircraft ready to take off means an aircraft obtaining orders to take off of the air traffic service establishment.

4. Aircraft involving foreign elements means an aircraft owned by a foreign organization or individual; an aircraft under common ownership of many owners in which at least one owner is a foreign organization or individual or an aircraft having foreign nationality. 

 Article 5. Liability for improper arrest of aircraft and request to arrest aircraft

1. The requestor of arrest of an aircraft shall take responsibilities for his/her/its request before the law. In case the request to arrest the aircraft is improper, thus causing the damage, the requestor must pay compensation.

2. Damage caused by an improper request for arrest of an aircraft shall be settled by agreement between the parties; in case they fail to reach an agreement and there arises a dispute, they have the right to request the court or arbitrator to settle in accordance with law regulations.

3. If a court decides to arrest an aircraft, not to arrest an aircraft, release an aircraft, or not to release an aircraft improperly, thus causing damage; it must pay compensation in accordance with law regulations.

 Article 6. Measures of financial security for request to arrest aircraft

1. The requestor of arrest of an aircraft must take one or both of the following financial security measures, except for cases of requesting the arrest of aircraft for judgment enforcement specified in Clause 1, Article 32 of this Ordinance:

a) Submit to the court a document of asset-secured guarantee issued by a bank or another credit institution or of another agency, organization or individual;

b) Deposit a sum of money, precious metals, gems or valuable papers under the decision of the court into a frozen account at a bank in the locality where the court competent to decide to arrest an aircraft is located within 48 hours from the time of receiving the decision.

In case the financial security measures are implemented on a public holiday or a weekend, the assets used as security shall be given to the court for temporary safekeeping; the court shall only receive the sum of money or valuable papers and apply the measures of sealing and preservation. On the following working day, the requestor of arrest of the aircraft must deposit such asset into the bank under the supervision of the court.

2. The amount of financial security shall be set by the court and equivalent to the damage that may arise as a result of the request for the arrest of the aircraft.

3. When deciding to release the arrested aircraft, the judge must consider and handle financial security measures taken by the requestor of arrest of the aircraft, unless otherwise agreed by the parties. Depending on specific cases, the judge shall issue a decision:

a) To uphold the applied financial security measures, if the court deems that the request for arrest of the aircraft is incorrect and the financial security amount may or may not be sufficient to compensate for damage; or,

b) To return a part of the financial security amount, if the court deems that the request for arrest of the aircraft is incorrect and the applied financial security amount exceeds the liability to compensate for damage; or,

c) To return the entire financial security amount, if the court deems that the request to arrest the aircraft is correct.

 Article 7. Fee for aircraft arrest

1. The requestor of arrest of an aircraft must pay the fee for aircraft arrest in accordance with law regulations.

2. The fee for aircraft arrest shall be paid the court competent to decide to arrest the aircraft specified in Article 3 of this Ordinance within 48 hours from the time the court requests the fee payment.

 Article 8. Inspection of the observance of law in arrest of aircraft

The People’s Procuracy shall inspect the observance of law in arrest of aircraft; exercise the right to propose in accordance with law regulations in order to ensure the lawful and timely arrest of aircraft.

 Article 9. Documents and evidence accompanying the written requests for arrest of aircraft or release of arrested aircraft

1. The written request for arrest of an aircraft or release of an arrested aircraft shall be accompanied by documents and evidence to prove that the request for arrest of the aircraft or release of the arrested aircraft is grounded and lawful.

2. The documents and evidence proving the request for arrest of the aircraft or release of the arrested aircraft that are in a foreign language shall be enclosed with their Vietnamese translations certified in accordance with Vietnam’s law regulations. Documents and papers made, issued or certified by a competent foreign agency in accordance with foreign laws must be consularly legalized, except for the one eligible for the exemption from consular legalization in accordance with a treaty to which the Socialist Republic of Vietnam is a contracting party or the one transported via the diplomatic channel in accordance with international practice.  

Article 10. Enforcement of decisions on arrest of aircraft, decisions on release of arrested aircraft, decisions on cancellation of decisions on arrest of aircraft, decisions on cancellation of decisions on release of arrested aircraft

1. Right after issuing a decision on arrest of aircraft, decision on release of arrested aircraft, decision on cancellation of decision on arrest of aircraft or a decision on cancellation of decision on release of arrested aircraft, the chief justice of the court shall assign an officer of the court to perform the handover of the decision.

2. Within 12 hours from the time of issuing the decision on arrest of aircraft or decision on release of aircraft, the court’s officer shall arrive at the airport or airfield to hand over such decision to the director of the airport authority or the chief representative of the airport authority where the aircraft is requested to be arrested. The director or the chief representative of the airport authority shall enforce the decision on arrest of aircraft or decision on release of arrested aircraft in accordance with law regulations.

In case the court’s officer cannot reach the airport or airfield, the decision may be sent by fax or via email in accordance with law regulations.

3. In cases the time limit for arrest of aircraft under the court’s decision has expired or the decision on arrest of aircraft has been canceled, the director or the chief representative of the airport authority must release the aircraft.

4. Agencies, organizations and individuals at the airport or airfield are responsible for coordinating in implementing the decision on arrest of aircraft at the request of the director or the chief representative of the airport authority.

5. The arrest of aircraft shall not be implemented in case the aircraft has been ready to take off.

6. During the time the aircraft is arrested, the aircraft owner, aircraft lessee, or aircraft operator shall be responsible for paying expenses incurred at the airport or airfield; the carrier, the aircraft operator still have to perform its obligations committed in the contract.

The director or the chief representative of the airport authority may allow the aircraft to leave the airport or airfield after the expenses incurred by the arrest of the aircraft at the airport or airfield have been paid.

7. The Government defines the implementation of the court’s decisions as specified in Clause 2 of this Article; the handling of aircraft in case the aircraft owners abandon the aircraft, auction of the aircraft that are being arrested.

 Article 11. Notification of the implementation of decisions on arrest of aircraft, decisions on release of arrested aircraft, decisions on cancellation of decisions on arrest of aircraft, decisions on cancellation of decisions on release of arrested aircraft

The director or the chief representative of the airport authority shall be responsible for notifying in writing the court, the Civil Aviation Authority of Vietnam and relevant state management agencies at the airport or airfield of the implementation of the decisions specified in Clause 1, Article 10 of this Ordinance.

In cases an aircraft is arrested for judgment enforcement, after receiving a notice from the director or the chief representative of the airport authority, the court shall immediately notify the civil judgment enforcement agency.

 Article 12. Responsibilities for information provision of competent agencies and organizations

The Civil Aviation Authority of Vietnam shall, within the ambit of its tasks and powers, be responsible for providing agencies, organizations and individuals with necessary information about an aircraft upon request as a basis for requesting the competent court’s issuance of decision on arrest of the aircraft.

 

CHAPTER II

PROCEDURES FOR ARREST OF AIRCRAFT, RELEASE OF ARRESTED AIRCRAFT AND RE-ARREST OF AIRCRAFT AT THE REQUEST OF PERSONS WITH RIGHTS OR INTERESTS RELATED TO THE AIRCRAFT

 

Article 13. Cases of arrest of aircraft at the request of persons with rights or interests related to the aircraft

1. Arresting an aircraft at the request of the aircraft owner. In cases the aircraft is the property of more than one owner, the requestor of arrest of the aircraft must obtain the written consent of all co-owners, unless otherwise agreed. 

2. Arresting an aircraft at the request of a creditor in cases the aircraft is a security asset for the creditor’s debt and the debt is not paid within the time limit as agreed.

3. Arresting an aircraft at the request of a third party on the ground that suffers damage caused by the aircraft and the sufferer of the damage has not received the compensation at the time of requesting the arrest. The arrested aircraft is the aircraft that has caused the damage or the aircraft owned by the person liable for compensation for the damage.

4. Arresting an aircraft at the request of another person with rights or interests related to the aircraft.

Article 14. Time limit for arrest of aircraft at the request of people with rights or interests related to aircraft

1. The time limit for arrest of an aircraft at the request of a person with rights or interests related to the aircraft is 30 days at most, from the date the aircraft is arrested.

2. The time limit for arrest of an aircraft as specified in Clause 1 of this Article does not depend on whether the requestor of arrest of the aircraft initiates a lawsuit at the competent court or not.

 Article 15. Written requests for arrest of aircraft by persons with rights or interests related to aircraft

1. The requestor of arrest of an aircraft must submit a written request. The written request must contain the following contents:

a) Date of making the written request;

b) Name of the court receiving the written request;

c) Name, address and nationality of the requestor of arrest of the aircraft;

d) The airport or airfield at which the aircraft has landed;

dd) Nationality, registration mark, designation and type of the aircraft and other characteristics of the aircraft requested to be arrested;

e) Name, address and nationality of the aircraft owner, aircraft lessee, or aircraft operator;

g) Reason for requesting arrest of the aircraft;

h) Expected damages and expenses that may arise from the arrest of the aircraft;

i) Time limit for request for arrest of the aircraft.

2. In case the requestor of arrest of the aircraft does not know fully and accurately the information specified at Points dd and e, Clause 1 of this Article, the requestor shall write down the related contents he/she/it knows.

 Article 16. Submitting written requests for arrest of aircraft and accompanying documents and evidence by persons with rights or interests related to aircraft

The requestor of arrest of an aircraft shall submit the written request for arrest of the aircraft enclosed with documents and evidence to the court of the locality where the airport or airfield at which the aircraft requested to be arrested has landed is located.

The written request for arrest of the aircraft may be sent before the time the aircraft lands at the airport or airfield. In this case, the flight schedule is required to be enclosed the written request.

 Article 17. Receiving written requests for arrest of aircraft by persons with rights or interests related to aircraft

Right after receiving the written request for arrest of an aircraft and accompanying documents and evidence, the court shall record it in the petition receipt register. The chief justice of the court shall appoint one judge to settle the written request.

 Article 18. Settling written requests for arrest of aircraft by persons with rights or interests related to aircraft

1. Within 48 hours from the time of receiving the written request for arrest of an aircraft and accompanying documents and evidence, the assigned judge must consider the written request and issue a decision:

a) To accept the written request for arrest of the aircraft if seeing that conditions for issuance of the decision on arrest of aircraft are fully satisfied, require the person who files the written request to take financial security measures for the request for arrest of aircraft and pay the fee for aircraft arrest; or,

b) To return the written request for arrest of the aircraft if seeing that conditions for issuance of the decision on arrest of aircraft are not fully satisfied or the settlement of the written request falls beyond the court’s jurisdiction.

2. In case of issuing the decision on return of the written request for arrest of the aircraft, the court must immediately grant or send such decision together with the written request and accompanying documents and evidence to the requestor of arrest of the aircraft.

 

Article 19. Complaints about decisions on return of written requests for arrest of aircraft by persons with rights or interests related to aircraft and settlement thereof

1. Within 24 hours from the time of receiving the decision on return of written request for arrest of an aircraft, the requestor of arrest of the aircraft has the right to file a complaint with the chief justice of the court that has issued the decision on return of the written request.

2. Within 24 hours from the time of receiving the written complaint about the decision on return of the written request for arrest of aircraft and accompanying documents and evidence, the chief justice of the court must consider the written complaint and issue a decision:

a) To uphold the decision on return of the written request for arrest of aircraft; or,

b) To cancel the decision on return of the written request for arrest of aircraft and receive back the written request and accompanying documents and evidence to perform the acceptance of written request for arrest of aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 20. Decisions on arrest of aircraft at the request of persons with rights or interests related to the aircraft

1. The judge shall issue a decision on arrest of an aircraft right when the requestor of arrest of the aircraft has taken financial security measures, has paid the fee for aircraft arrest and the aircraft has landed at the airport or airfield.

2. A decision on arrest of an aircraft must contain the following contents:

a) Date of issuance of the decision;

b) Name of the court issuing the decision;

c) Name, address and nationality of the requestor of arrest of the aircraft;

d) Rights or interests related to the aircraft that give rise to the right to request the court to arrest the aircraft;

dd) Nationality, registration mark, designation and type of the aircraft and other characteristics (if any) of the aircraft requested to be arrested;

e) Name, address and nationality of the aircraft owner, aircraft lessee, or aircraft operator;

g) The court’s assessments and legal bases used to accept the written request;

h) The court’s decisions;

i) Time limit for arrest;

k) The airport authority where the aircraft lands that perform the arrest of aircraft.

3. The decision on arrest of aircraft shall take immediate effect, though complaints or proposals may arise.

4. The decision on arrest of aircraft shall be handed over to the director or the chief representative of the airport authority; be sent to the same-level procuracy, requestor of arrest of the aircraft, aircraft owner, aircraft lessee, aircraft operator, relevant airlines; and be sent to the Consular Department of the Ministry of Foreign Affairs in cases of arrested aircraft involving foreign elements.

5. In cases the arrest of aircraft cannot yet be implemented, the decision on arrest of the aircraft shall be valid for 12 months from the date of issuance, unless the requestor of arrest of the aircraft requests the termination of its validity.

 Article 21. Complaints about decisions on arrest of aircraft at the request of persons with rights or interests related to the aircraft and settlement thereof

1. An aircraft owner, aircraft lessee or aircraft operator may file a complaint about the decision on arrest of the aircraft to the chief justice of the court. The time limit for filing a complaint is 7 working days from the date of receiving the decision on arrest of the aircraft.

2. Within 48 hours from the time of receiving the written complaint about the decision on arrest of aircraft, the court’s chief justice must consider and issue a decision:

a) To uphold the decision on arrest of aircraft; or,

b) To cancel the decision on arrest of aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 22. Proposals on decisions on arrest of aircraft at the request of persons with rights or interests related to the aircraft and settlement thereof

1. The same-level procuracy may file a proposal on the decision on arrest of an aircraft with the chief justice of the court. The time limit for proposal is 48 hours from the time the same-level procuracy receives the court’s decision.

2. Within 48 hours from the time of receiving the written proposal on the decision on arrest of aircraft, the court’s chief justice must consider the written proposal and issue a decision:

a) To uphold the decision on arrest of aircraft; or,

b) To cancel the decision on arrest of aircraft.

3. The chief justice’s decision on settlement of proposal is final and shall be sent immediately to the procuracy.

 Article 23. Grounds for release of arrested aircraft at the request of persons with rights or interests related to the aircraft

1. An arrested aircraft shall be released in cases of any of the following grounds:

a) The aircraft owner, aircraft lessee, or aircraft operator has taken the substitute security measures or fulfilled the obligations on the property that is the basis for the request for arrest of the aircraft;

b) The property obligation of the aircraft owners, aircraft lessee, or aircraft operator has been guaranteed by another person or with a letter of commitment of a prestigious insurance organization. The Ministry of Finance shall announce the list of prestigious insurance organizations;

c) The requestor of arrest of aircraft proposes the termination of the arrest;

d) The decision on arrest of the aircraft has been canceled in accordance with Point b, Clause 2, Article 21 and Point b, Clause 2, Article 22 of this Ordinance;

dd) The time limit for arrest of the aircraft under a court’s decision has expired.

2. Substitute security measures shall be agreed upon by involved parties. In case there is no agreement between the involved parties on the level and form of substitute security, the court shall decide on the level and form of substitute security which, however, must not exceed the value of the arrested aircraft or the property obligation serving as the basis for the arrest of the aircraft in case the property obligation is smaller than the value of the aircraft.

 Article 24. Request for release of arrested aircraft

1. When any of the grounds prescribed at Points a, b and c, Clause 1, Article 23 of this Ordinance exists, the aircraft owner, aircraft lessee, or aircraft operator, requestor of arrest of an aircraft and persons with rights or interests related to the aircraft have the right to request the release of the arrested aircraft.

2. The written request on release of an arrested aircraft must contain the following contents:

a) Date of making the written request;

b) Name of the court issuing the decision on arrest of aircraft;

c) Name and address of the requestor of release of arrested aircraft;

d) Nationality, registration mark, designation and type of the aircraft and other characteristics (if any) of the aircraft requested to be arrested; the airport or airfield at which the arrest of the aircraft is performed;

dd) Number and date of the decision on arrest of the aircraft;

e) Reason for requesting the release of the arrested aircraft.

 Article 25. Procedures for settlement of written requests for release of arrested aircraft

1. The requestor of release of an arrested aircraft must send a written request and accompanying documents and evidence to the court issuing the decision on arrest of the aircraft.

2. Upon receiving the written request for release of the arrested aircraft, the chief justice of the court shall assign one judge to settle such release of the aircraft.

3. Within 24 hours from the time of receiving the written request for release of the aircraft and accompanying documents and evidence, if the request is grounded, the assigned judge must issue a decision on release of the aircraft; In case of returning the written request, the judge shall notify the latter in writing to the requestor of release of the aircraft, clearly stating the reason.

 Article 26. Complaints about decisions on return of written requests for release of arrested aircraft and settlement thereof

1. During the duration the aircraft is arrested, from the time of receiving the notice on return of the written request for release of arrested aircraft specified in Clause 3, Article 25 of this Ordinance, the requestor of release of the aircraft has the right to file a complaint about such decision with the chief justice of the court.

2. Within 24 hours from the time of receiving the written complaint about the decision on return of the written request for release of arrested aircraft and accompanying documents and evidence, the chief justice of the court must consider the written complaint and issue a decision:

a) To uphold the decision on return of the written request for release of the arrested aircraft; or,

b) To cancel the decision on return of the written request for release of the arrested aircraft and receive back the written request and accompanying documents and evidence to perform the acceptance of written request for release of the arrested aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 27. Decisions on release of arrested aircraft at the request of persons with rights or interests related to the arrested aircraft

1. The decision on release of an arrested aircraft at the request of a person with rights or interests related to the aircraft must contain the following contents:

a) Date of issuance of the decision;

b) Name of the court issuing the decision;

c) Legal bases for the court to issue the decision on release of the arrested aircraft;

d) Nationality, registration mark, designation and type of the aircraft and other characteristics (if any) of the aircraft requested to be released; the airport or airfield at which the release of the aircraft is performed;

dd) Name, address and nationality of the aircraft owner, aircraft lessee, or aircraft operator;

e) Reason for release of the arrested aircraft;

g) The court’s decisions;

h) The airport authority releasing the aircraft.

2. The decision on release of arrested aircraft shall take immediate effect, though complaints or proposals may arise.

3. The decision on release of the aircraft shall be handed over to the director or the chief representative of the airport authority; be sent to the same-level procuracy, requestor of release of the aircraft, requestor of arrest of the aircraft, aircraft owner, aircraft lessee, aircraft operator, relevant airlines; and be sent to the Consular Department of the Ministry of Foreign Affairs in cases of arrested aircraft involving foreign elements.

 Article 28. Complaints about decisions on release of arrested aircraft at the request of persons with rights or interests related to the aircraft and settlement thereof

1. Within 24 hours from the time of receiving the decision on release of an arrested aircraft, the requestor of arrest of the aircraft has the right to file a complaint about such decision with the chief justice of the court.

2. Within 24 hours from the time of receiving the written complaint about the decision on release of the arrested aircraft and accompanying documents and evidence, the chief justice of the court must consider the written complaint and issue a decision:

a) To uphold the decision on release of the arrested aircraft; or,

b) To cancel the decision on release of the arrested aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 29. Proposals on decisions on release of arrested aircraft at the request of persons with rights or interests related to the aircraft and settlement thereof

1. The same-level procuracy may file a proposal on the decision on release of an arrested aircraft with the chief justice of the court. The time limit for proposal is 48 hours from the time the same-level procuracy receives the court’s decision.

2. Within 48 hours from the time of receiving the written proposal on the decision on release of the arrested aircraft, the court’s chief justice must consider the written proposal and issue a decision:

a) To uphold the decision on release of the arrested aircraft; or,

b) To cancel the decision on release of the arrested aircraft.

3. The chief justice’s decision on settlement of proposal is final and shall be sent immediately to the procuracy.

 Article 30. Re-arrest of aircraft at the request of persons with rights or interests related to the aircraft

1. An aircraft that is released after being arrested or after a substitute security measure has been implemented may not be rearrested on the ground of the same request of a person with rights or interests related to the aircraft, except in the following cases:

a) The total value of the substitute security already paid is still insufficient for fulfilling the property obligation;

b) The guarantor of the performance of the property obligation for the aircraft owner, aircraft lessee, or aircraft operator fails to perform or is unable to perform part or the whole of the guaranteed property obligation.

2. An aircraft shall not be regarded as having been released if such release is effected without a decision of a competent court or the aircraft escapes from the place of arrest, except cases specified at Points d and dd, Clause 1, Article 23 of the Ordinance.

3. Procedures for re-arrest of the aircraft at the request of persons with rights or interests related to the aircraft shall comply with the procedures for arrest of aircraft specified in this Chapter.

CHAPTER III

PROCEDURES FOR ARREST OF AIRCRAFT, RELEASE OF AIRCRAFT ARRESTED FOR CIVIL JUDGMENT ENFORCEMENT

 

Article 31. Rights to request the arrest of aircraft for judgment enforcement

1. The judgment creditor has the right to request the competent court prescribed in Article 3 of this Ordinance to decide the arrest of an aircraft for judgment enforcement.

2. The arrest of an aircraft for judgment enforcement specified in this Ordinance means the distraint of the aircraft as prescribed in Clause 4, Article 96 of the Law on Enforcement of Civil Judgments. The aircraft that has been distrained is not allowed to move out of the airport or airfield.

 Article 32. Grounds for arrest of aircraft for judgment enforcement

1. Upon the request for arrest of an aircraft for judgment enforcement as defined in Article 31 of this Ordinance, the court shall decide to arrest the aircraft in the following cases:

a) To perform the judgments and rulings to be enforced specified in Article 2 of the Law on Enforcement of Civil Judgments;

b) The property-related judgment debtor is the aircraft owner at the time of requesting the arrest;

c) The judgment-executing obligation is the payment of compensation for damage caused by such aircraft to the judgment creditor.

2. The court only decides the arrest of the aircraft for judgment enforcement when the civil judgment enforcement agency cannot apply the distraint of other property or other coercive measures for judgment enforcement, except for cases specified at Point a, Clause 1 of this Article or the judgment debtor is abroad and have no another property in Vietnam.

3. The Supreme People’s Court shall promulgate the arrest of aircraft in case a judgment debtor only has the property being an aircraft or a seagoing ship in Vietnam.

Article 33. Written requests on arrest of aircraft for judgment enforcement

1. The requestor of arrest of an aircraft for judgment enforcement must submit a written request; and a copy of judgment or decision of the court or a copy of arbitral award.

2. A written request on arrest of aircraft for judgment enforcement must contain the following contents:

a) Date of making the written request;

b) Name of the civil judgment enforcement agency receiving the written request;

c) Name of the court receiving the written request;

d) Name, address and nationality of the requestor of arrest of the aircraft;

dd) The airport or airfield at which the aircraft has landed;

e) Nationality, registration mark, designation and type of the aircraft and other characteristics of the aircraft requested to be arrested;

g) Name, address and nationality of the aircraft owner, aircraft lessee, or aircraft operator;

h) Property obligations to be enforced under the judgment or decision of the court or the arbitral award;

i) Reason for requesting arrest of the aircraft.

3. In case the requestor of arrest of the aircraft for judgment enforcement does not know fully and accurately the information specified at Points e and g, Clause 2 of this Article, the requestor shall write down the related contents he/she/it knows.

 Article 34. Submitting written requests for arrest of aircraft and accompanying documents and evidence for judgment enforcement

The requestor of arrest of an aircraft shall submit the written request for arrest of the aircraft enclosed with documents and evidence to the competent civil judgment enforcement agency in order to that the agency transfers them to the court of the locality where the airport or airfield at which the aircraft has landed is located.

The written request for arrest of the aircraft may be sent before the time the aircraft lands at the airport or airfield. In this case, the flight schedule is required to be enclosed the written request.

Article 35. Receiving written requests for arrest of aircraft for judgment enforcement

1. Right after receiving the written request for arrest of an aircraft and accompanying documents and evidence, the civil judgment enforcement agency shall record it in the petition receipt register and send a document of transferring the written request and accompanying documents and evidence to the court competent to decide the arrest of the aircraft as specified in Article 3 of this Ordinance. In the document of transferring the written request, the civil judgment enforcement agency must clearly state the reason for failing to apply the distraint of other property or other coercive measures for judgment enforcement.

2. Right after receiving the document of transferring the written request of the civil judgment enforcement agency enclosed with the written request and accompanying documents and evidence, the court shall record it in the petition receipt register. The chief justice of the court shall appoint one judge to settle the written request.

 Article 36. Settling written requests for arrest of aircraft for judgment enforcement

1. Within 48 hours from the time of receiving the document of transferring a written request, the written request and accompanying documents and evidence, the assigned judge must consider the written request and issue a decision:

a) To accept the written request for arrest of the aircraft if seeing that conditions for issuance of the decision on arrest of aircraft are fully satisfied, require the person who files the written request to pay the fee for aircraft arrest; or,

b) To return the written request for arrest of the aircraft if seeing that conditions for issuance of the decision on arrest of aircraft are not fully satisfied or the settlement of the written request falls beyond the court’s jurisdiction.

2. In case of issuing the decision on return of the written request for arrest of the aircraft for judgment enforcement, the court must send the decision to the competent civil judgment enforcement agency; immediately grant or send such decision together with the written request and accompanying documents and evidence to the requestor of arrest of the aircraft.

 Article 37. Complaints about decisions on return of written requests for arrest of aircraft for judgment enforcement and settlement thereof

1. Within 24 hours from the time of receiving the decision on return of written request for arrest of an aircraft for judgment enforcement, the requestor has the right to file a complaint about the decision with the chief justice of the court.

2. Within 24 hours from the time of receiving the written complaint about the decision on return of the written request for arrest of the aircraft for judgment enforcement and accompanying documents and evidence, the chief justice of the court must consider the written complaint and issue a decision:

a) To uphold the decision on return of the written request for arrest of aircraft; or,

b) To cancel the decision on return of the written request for arrest of aircraft and receive back the written request and accompanying documents and evidence to perform the acceptance of the arrest of the aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 38. Decisions on arrest of aircraft for judgment enforcement

1. The judge shall issue a decision on arrest of an aircraft right when the requestor has paid the fee for aircraft arrest, and the aircraft has landed at the airport or airfield.

2. A decision on arrest of an aircraft must contain the following contents:

a) Date of making the written request;

b) Name of the civil judgment enforcement agency receiving the written request;

c) Name of the court receiving the written request;

d) Name, address and nationality of the requestor of arrest of the aircraft;

dd) Nationality, registration mark, designation and type of the aircraft and other characteristics (if any) of the aircraft requested to be arrested; the airport or airfield at which the aircraft has landed;

e) Name, address and nationality of the aircraft owner, aircraft lessee, or aircraft operator;

g) Property obligations to be enforced under the judgment or decision of the court or the arbitral award;

h) The court’s assessments and legal bases used to accept the written request;

i) The court’s decisions.

3. The decision on arrest of aircraft shall take immediate effect, though complaints or proposals may arise.

4. The decision on arrest of aircraft shall be handed over to the director or the chief representative of the airport authority; be sent to the same-level procuracy, civil judgment enforcement agency, requestor of arrest of the aircraft, aircraft owner, aircraft lessee, aircraft operator, relevant airlines; and be sent to the Consular Department of the Ministry of Foreign Affairs in cases of arrested aircraft involving foreign elements.

5. In cases the arrest of aircraft cannot yet be implemented, the decision on arrest of the aircraft shall be valid for 12 months from the date of issuance, unless the requestor of arrest of the aircraft requests the termination of its validity.

 Article 39. Complaints about decisions on arrest of aircraft for judgment enforcement and settlement thereof

1. Within 48 hours from the time of receiving the court’s decision on arrest of an aircraft, the judgment debtor, aircraft owner, aircraft operator or the aircraft lessee has the right to file a complaint about such decision with the chief justice of the court.

2. Within 48 hours from the time of receiving the written complaint about the decision on arrest of aircraft for judgment enforcement, the court’s chief justice must consider the written complaint and issue a decision:

a) To uphold the decision on arrest of aircraft; or,

b) To cancel the decision on arrest of aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 40. Proposals on decisions on arrest of aircraft for judgment enforcement and settlement thereof

1. The same-level procuracy may file a proposal on the decision on arrest of an aircraft for judgment enforcement with the chief justice of the court. The time limit for proposal is 48 hours from the time the same-level procuracy receives the court’s decision.

2. Within 48 hours from the time of receiving the written proposal on the decision on arrest of aircraft for judgment enforcement, the court’s chief justice must consider the written proposal and issue a decision:

a) To uphold the decision on arrest of aircraft; or,

b) To cancel the decision on arrest of aircraft.

3. The chief justice’s decision on settlement of proposal is final and shall be sent immediately to the procuracy.

 Article 41. Grounds for release of arrested aircraft for judgment enforcement

1. The judgment debtor has fulfilled the obligation of judgment enforcement.

2. The judgment debtor has taken substitute security measures; the property obligation of the judgment debtor has been guaranteed by another person. In these cases, the consent of the judgment creditor is required.

3. Other grounds shall comply with Article 105 of the Law on Enforcement of Civil Judgments.

 Article 42. Request for release of aircraft arrested for judgment enforcement

1. When any of the grounds prescribed at Article 41 of this Ordinance exists, the aircraft owner, aircraft lessee, or aircraft operator, requestor of arrest of an aircraft and persons with related rights or interests have the right to request the release of the arrested aircraft.

2. A decision on release of an arrested aircraft must contain the following contents:

a) Date of making the written request;

b) Name of the court issuing the decision on arrest of aircraft;

c) Name and address of the requestor of release of arrested aircraft;

d) Nationality, registration mark, designation and type of the aircraft and other characteristics (if any) of the aircraft requested to be arrested; the airport or airfield at which the arrest of the aircraft is performed;

dd) Number and date of the decision on arrest of the aircraft;

e) Reason for requesting the release of the arrested aircraft.

 Article 43. Procedures for settlement of written requests for release of arrested aircraft

1. The requestor of release of an arrested aircraft must send a written request and accompanying documents and evidence to the court issuing the decision on arrest of the aircraft.

2. Upon receiving the written request for release of the arrested aircraft, the chief justice of the court shall assign one judge to settle such release of the aircraft.

3. Within 24 hours from the time of receiving the written request for release of the aircraft and accompanying documents and evidence, if the request is grounded, the assigned judge must issue a decision on release of the aircraft; In case of returning the written request, the judge shall notify the latter in writing to the requestor of release of the aircraft, clearly stating the reason. 

Article 44. Complaints about decisions on return of written requests for release of aircraft arrested for judgment enforcement and settlement thereof

1. Within 24 hours from the time of receiving the notice on return of written request for release of an aircraft arrested for judgment enforcement, the requestor of release of the aircraft has the right to file a complaint about such decision with the chief justice of the court.

2. Within 24 hours from the time of receiving the written complaint about the decision on return of the written request for release of aircraft and accompanying documents and evidence, the chief justice of the court must consider the written complaint and issue a decision:

a) To uphold the decision on return of the written request for release of of the aircraft; or,

b) To cancel the decision on return of the written request for release of of the aircraft and receive back the written request and accompanying documents and evidence to perform the acceptance of written request for release of the arrested aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 45. Decisions on release of aircraft arrested for judgment enforcement

1. A decision on release of an arrested aircraft must contain the following contents:

a) Date of issuance of the decision;

b) Name of the court issuing the decision;

c) Legal bases for the court to issue the decision on release of the arrested aircraft;

d) Nationality, registration mark, designation and type of the aircraft and other characteristics (if any) of the aircraft requested to be released;

dd) Name, address and nationality of the aircraft owner, aircraft lessee, or aircraft operator;

e) Reason for release of the arrested aircraft;

g) The court’s decisions;

h) The airport authority where the aircraft is arrested that perform the release of aircraft.

2. The decision on release of arrested aircraft shall take immediate effect, though complaints or proposals may arise.

3. The decision on release of the aircraft shall be handed over to the director or the chief representative of the airport authority; be sent to the same-level procuracy, the civil judgment enforcement agency, requestor of release of the aircraft, requestor of arrest of the aircraft, aircraft owner, aircraft lessee, aircraft operator, relevant airlines; and be sent to the Consular Department of the Ministry of Foreign Affairs in cases of arrested aircraft involving foreign elements.

 

Article 46. Complaints about decisions on release of aircraft arrested for judgment enforcement and settlement thereof

1. Within 24 hours from the time of receiving the decision on release of an arrested aircraft, the requestor of arrest of the aircraft has the right to file a complaint about such decision with the chief justice of the court.

2. Within 24 hours from the time of receiving the written complaint about the decision on release of the arrested aircraft and accompanying documents and evidence, the chief justice of the court must consider the written complaint and issue a decision:

a) To uphold the decision on release of aircraft; or,

b) To cancel the decision on release of aircraft.

3. The chief justice’s decision on settlement of complaint is final and shall be sent immediately to the complainant.

 Article 47. Proposals on decisions on release of aircraft arrested for judgment enforcement and settlement thereof

1. The same-level procuracy may file a proposal on the decision on release of an arrested aircraft with the chief justice of the court. The time limit for proposal is 48 hours from the time the same-level procuracy receives the court’s decision.

2. Within 48 hours from the time of receiving the written proposal on the decision on release of arrested aircraft, the court’s chief justice must consider the written proposal and issue a decision:

a) To uphold the decision on release of aircraft; or,

b) To cancel the decision on release of aircraft.

3. The chief justice’s decision on settlement of proposal is final and shall be sent immediately to the procuracy.

 

CHAPTER IV

IMPLEMENTATION PROVISIONS

 

Article 48. Effect

This Ordinance takes effect on January 01, 2011.

 Article 49. Implementation guidance

The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their duties and powers, detail and guide the implementation of articles and clauses as assigned in this Ordinance; and guide other necessary contents to meet state management requirements.