VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

35
8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 1/35 Part 19 AIRCRAFT ACCIDENT & INCIDENT REPORTING & INVESTIGATION SUBPART A: GENERAL .........................................................................................................................3 19.001. APPLICABILITY .................................................................................................................................................. 3 19.003 PURPOSE OF INVESTIGATION ....................................................................................................................... 3  19.005. DEFINITIONS ....................................................................................................................................................... 3 19.007 ABBREVIATIONS ................................................................................................................................................ 5 SUBPART B: INDIVIDUAL RESPONSIBILITIESON AIRCRAFT ACCIDENT REPORT ....................5 19.009 APPLICABILITY .................................................................................................................................................. 5 19.010 INITIAL NOTIFICATION ..................................................................................................................................... 5 19.013 THE NOTIFICATION OF INFORMATION ........................................................................................................ 6 19.015 PRESERVE AND FSECURE THE AIRCRAFT WRECKAGES AND ACCIDENT SITE ............. ............. 6 19.017 FLIGHT CREW EXPLANATION ........................................................................................................................ 6  19.019 MAKING AIRCRAFT ACCIDENT, INCIDENT REPORT ..................... ...................... ..................... ................ 6 19.021 NOTICE OF ACCIDENT OR INCIDENT ........................................................................................................... 6 SUBPART C: MANDATORY AND VOLUNTARY OCCURANCES REPORT ......................................7 19.023 APPLICABILITY ................................................................................................................................................... 7 19.025 APPLICABLE TO RELATING INDIVIDUAL AND ORGANIZATION ...................... ..................... ................ 7 19.027 PURPOSE OF REQUIRED REPORT ............................................................................................................... 8 19.029 LIST OF ACCIDENTS REPORTED................................................................................................................... 9 19.031 CLASSIFICATION OF INCIDENTS ................................................................................................................... 9 19.033 RESPONSIBILITY TO REPORT. ....................................................................................................................... 9  19.035 CONTENTS OF FORM AND REPORTING PERIOD ..................................................................................... 9 19.037 REGULAR REPORT ............................................................................................................................................ 9 19.039 VOLUNTARY REPORT. .................................................................................................................................... 10 19.043 SEFT- REPORT OF VIOLATIONS .................................................................................................................. 10 19.045 REPORT CONFIDENTIAL ................................................................................................................................ 10 19.047 MEASURE FOR LICENSE AND CERTIFICATE................... ...................... ...................... ..................... ....... 10 19.049 MEASURES OF THE GOVERNING BODY ................................................................................................... 11 SUBPART D: PROTECT AIRCRAFT WRECKAGES AND RECORDS.............................................. 11 19.051 STORAGE AND SITE PROTECTION ............................................................................................................. 11 19.053 MOVING WRECKAGE ...................................................................................................................................... 11 19.055 TERMINATION OF AIRCRAFT STORAGE ................................................................................................... 12 SUBPART E: INCIDENT AND ACCIDENT INVESTIGATION ............................................................. 12 19.060 RESPONSIBILITY FOR INVESTIGATION .................................................................................................... 12 19.063 NATURE OF INVESTIGATION ........................................................................................................................ 12 19.067 AUTHORITY OF TO THE REPRESENTATIVE................... ...................... ...................... ..................... ....... 12 19.069 INVESTIGATION AUTHORITY ....................................................................................................................... 12 19.071 REPRESENTATIVES oF RELEVANT STATE .............................................................................................. 13  19.073 AUTOPSIES ........................................................................................................................................................ 14 19.075 PARTIES TO THE INVESTIGATION .............................................................................................................. 14 

Transcript of VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

Page 1: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 1/35

PPaar r tt 1199 

AAIIRRCCRRAAFFTT AACCCCIIDDEENNTT && IINNCCIIDDEENNTT RREEPPOORRTTIINNGG && IINNVVEESSTTIIGGAATTIIOONN 

SUBPART A: GENERAL .........................................................................................................................3 

19.001. APPLICABILITY  .................................................................................................................................................. 3 

19.003 PURPOSE OF INVESTIGATION ....................................................................................................................... 3 

19.005. DEFINITIONS  ....................................................................................................................................................... 3 

19.007 ABBREVIATIONS  ................................................................................................................................................ 5 

SUBPART B: INDIVIDUAL RESPONSIBILITIESON AIRCRAFT ACCIDENT REPORT ....................5 

19.009 APPLICABILITY  .................................................................................................................................................. 5 

19.010 INITIAL NOTIFICATION ..................................................................................................................................... 5 

19.013 THE NOTIFICATION OF INFORMATION ........................................................................................................ 6 

19.015 PRESERVE AND FSECURE THE AIRCRAFT WRECKAGES AND ACCIDENT SITE ............. ............. 6 

19.017 FLIGHT CREW EXPLANATION ........................................................................................................................ 6 

19.019 MAKING AIRCRAFT ACCIDENT, INCIDENT REPORT ..................... ...................... ..................... ................ 6 

19.021 NOTICE OF ACCIDENT OR INCIDENT ........................................................................................................... 6 

SUBPART C: MANDATORY AND VOLUNTARY OCCURANCES REPORT ......................................7 

19.023 APPLICABILITY  ................................................................................................................................................... 7 

19.025 APPLICABLE TO RELATING INDIVIDUAL AND ORGANIZATION ...................... ..................... ................ 7 

19.027 PURPOSE OF REQUIRED REPORT  ............................................................................................................... 8 

19.029 LIST OF ACCIDENTS REPORTED................................................................................................................... 9 

19.031 CLASSIFICATION OF INCIDENTS ................................................................................................................... 9 

19.033 RESPONSIBILITY TO REPORT. ....................................................................................................................... 9 

19.035 CONTENTS OF FORM AND REPORTING PERIOD ..................................................................................... 9 

19.037 REGULAR REPORT ............................................................................................................................................ 9 

19.039 VOLUNTARY REPORT. .................................................................................................................................... 10 

19.043 SEFT- REPORT OF VIOLATIONS .................................................................................................................. 10 

19.045 REPORT CONFIDENTIAL ................................................................................................................................ 10 

19.047 MEASURE FOR LICENSE AND CERTIFICATE ................... ...................... ...................... ..................... ....... 10 

19.049 MEASURES OF THE GOVERNING BODY ................................................................................................... 11 

SUBPART D: PROTECT AIRCRAFT WRECKAGES AND RECORDS .............................................. 11 

19.051 STORAGE AND SITE PROTECTION ............................................................................................................. 11 

19.053 MOVING WRECKAGE  ...................................................................................................................................... 11 

19.055 TERMINATION OF AIRCRAFT STORAGE ................................................................................................... 12 

SUBPART E: INCIDENT AND ACCIDENT INVESTIGATION ............................................................. 12 

19.060 RESPONSIBILITY FOR INVESTIGATION .................................................................................................... 12 

19.063 NATURE OF INVESTIGATION ........................................................................................................................ 12 

19.067 AUTHORITY OF TO THE REPRESENTATIVE ................... ...................... ...................... ..................... ....... 12 

19.069 INVESTIGATION AUTHORITY ....................................................................................................................... 12 

19.071 REPRESENTATIVES oF RELEVANT STATE .............................................................................................. 13 

19.073 AUTOPSIES  ........................................................................................................................................................ 14 

19.075 PARTIES TO THE INVESTIGATION  .............................................................................................................. 14 

Page 2: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 2/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 2

19.079 USE AND REMOVAL OF WRECKAGE, RECORDS, MAILS AND CARGO  .......................... ................. 14 

19.081 DECODING SELF-RECORD DEVICE ............................................................................................................ 14 

19.083 ANNOUNCE INFORMATION OF THE ACCIDENT OR INCIDENT ........................................................... 15 

19.085 ANNOUNCED INFORMATION  ........................................................................................................................ 15 

19.087 RE-INVESTIGATION  ......................................................................................................................................... 15 

19.091 PRELIMINARY REPORT ON THE INCIDENT, ACCIDENT INVESTIGATION .............................. .......... 15 

19.093 OFFICIAL REPORT ON THE INVESTIGATION OF INCIDENTOR AIRCRAFT ACCIDENT ......... ....... 16 

19.095 PUBLICATION OF OFFICIAL REPORT ON THE INVESTIGATION OF INCIDENT OR ACCIDENT .. 16 

19.097 SAFETY RECOMMENDATIONS ..................................................................................................................... 16 

SUBPART F: THE INVESTIGATION INTO AIRCRAFT INCIDENT OR ACCIDENT OCCURRED OUTOF THE AREA OF VIETNAM ............................................................................................................... 17

 

19.100 APPLICABILITY  ................................................................................................................................................. 17 

19.103 AFTER RECEIVING INFORMATION ON THE AIRCRAFT INCIDENT OR ACCIDENT  .......... .............. 17 

19.105 PROVIDE INFORMATION FOR THE INCIDENT OR ACCIDENT INVESTIGATION .............................. 17 

19.107 IMPLEMENTATION OF SAFETY RECOMMENDATIONS .................... ...................... ...................... .......... 17 

APPENDICE .......................................................................................................................................... 17 

APPENDIX 1 TO 19.125 CONTENTS AND FORM FOR MANDATORY REPORT ................................... ........... 17 

FORM 14: MANDATORY OCCURRENCE REPORT (SIDE 1)  ................... ...................... ...................... ................. 21 

FORM 14: MANDATORY OCCURRENCE REPORT (SIDE 2)............................................................................... 22 

APPENDIX 1 TO 19.029 THE LIST OF INCIDENTS FOR MANDATORY REPORT AND REPORTRESPONSIBILITY OF RELEVANT AGENCIES  ........................................................................................................ 23

 

APPENDIX 1 TO 19.031: CHART FOR REPORT AND INCIDENT CLASSIFICATION OF AIRCRAFTOPERATION AND MAINTENANCE ............................................................................................................................. 33

 

APPENDIX 1 TO 19.060: RESPONSIBILITIES TO INVESTIGATE INCIDENTS’ CAUSES ............................... 35 

Page 3: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 3/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 3

SUBPART A: GENERAL

19.001. APPLICABILITY

(a) This Part contains requirements of Vietnam pertaining to:

(1) The initial notification, investigation, analysis and l reporting of aircraft incidents,accidents and some other problems during aircraft operation:

(i) Registered with Vietnamese nationality occurring anywhere;

(ii) Foreign Registered occurring in Vietnam‟sterritory.

(2) Protect the scene, parcels, goods and all records relating to civil and public aircraftaccidents in the territory of Vietnam;

(3) Comply with international standards on accidents and incidents reporting.

(b) This part is applicable to:

(1) The organization and aircraft operator or aircraft operation safety assurance serviceprovider, and

(2) The government agencies need to ensure the reporting and investigation of aircraftaccidents on time and as prescribed in regulations.

(c) This part is applicable to:

(1) All individuals associating with the aircraft safety operation;

(2) Residential community where information relating to the investigation of aircraftincidents and accidents.

(3) The technical staff involving in the investigation.

19.003 PURPOSE OF INVESTIGATION

(a) The sole purpose of investigating aircraft incidents and accidents is to prevent them.

(b) The investigation of aircraft incidents and accidents does not aim to determine fault or the

legal responsibility ofindividuals.

19.005. DEFINITIONS

(a) The below words or defined phrases are used in this section:

Note: Additional aviation-related terms are defined in Part 1 of these regulations.

(1) Decree No. 75/2007/ND-CP May 9, 2007: the text of Vietnam Government regulates

responsibilities of individuals and organizations in the notification, reporting aircraftincidents, accidents, process of investigating aircraft incidents, accidents, andinternational cooperation on aircraft accidents and incidents and reporting measuresto prevent them.

(2) The aeronautical information publication (AIP)  is published by a nation or

permitted to be issued, including long term and necessary aviation information neededto ensure flight operations

(3) Accident: An occurrence associated with the operation of an aircraft which takesplace between time any person boards the aircraft with the intention of flight until suchtime as all such persons have disembarked, in which:

(i) A person is fatally or seriously injured as a result of being in the aircraft or directcontact with any part of the aircraft, including parts which have becomedetached from aircraft or from direct exposure to jet blast , except wheninjuries are from the natural cause or by self-inflicted or caused by other peopleand other businesses of operating who are stowaways hiding outside the areafor passengers and crew;

(ii) The aircraft sustain damage or structural failure which adversely affects thestructural strength, performance or flight characteristics of the aircraft, andleading to repair or replacement of the affected component, except for enginefailure or damage, when the damage is limited to the engine, its cowlings or

Page 4: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 4/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 4

accessories; or for damage limited to propellers, wing tips, antennas, tires,brakes, fairings, small dents or puncture holes in the aircraft skin; or.

(iii) The aircraft missing or is completely inaccessible.

Note: to unify statistics, injuries that lead to death within 30 days after the accident areconsidered as fatal.

Note: The aircraft is considered missing when an officially search is finished with the

unidentified position of the wreckages of the aircraft.

The accredited representative: A person designated by a member State of ICAO on thebasis of his or her qualifications, for the purpose of participating in an investigationconducted by another member State of ICAO.

(4)

(5) Adviser : A person appointed by a State, on the basis of his or her qualifications, for

the purpose of assisting its accredited representative in an investigation.

(6) Causes: Actions, omissions, events, conditions, or a combination of them leading toincident or aircraft accident.

(7) Civil Aircraft: This means that any other aircraft – aircraft on duty.

(8) Fatal Injury: Means any injury which results in the deaths within 30 calendar days ofthe accident.

(9) Flight parameter recorder : A form of recording device of the flight parameters fixedon aircraft to support the investigation of aircraft accident / incident;

(10) Incident:  An occurrence, other than an accident, associated with the operation of an

aircraft which affects or could affect the safety of operation

(11) Accident Investigation: A process conducted for the purpose of accident preventionwhich includes the gathering and analysis of information, the drawing of conclusions,including the determination of causes and, when appropriate, the making of safetyrecommendations;

(12) Investigator-in-charge: The person appointed by the nation investigating aircraftincident, accident to represent that country‟s organization to investigate aircraftincident and accidentand are responsible for implementation and control progress,coordination of investigation.

(13) Maximum load: maximum takeoff load.

(14) The incident aircraft: An incident relating to operation of aircraft which affects orlikely affect safety of flight operation but not an accident;

(15) Preliminary Report: A mean of communication using to disseminate data timelycollected in the first stage serving the investigation;

(16) Safety Recommendation: A proposal of the accident investigation authority of theState conducting the investigation, based on information derived from the

investigation, made with the intention of preventing accidents or incidents.(17) Serious incident: An incident involving circumstances indicating that an accident

nearly occurred.

(18) Public service Aircraft: A aircraft used for the Government (except for commercialpurposes) or special leased in a continual period, at least 90 days;

(19) Serious injury: An injury which is sustained by a person in an accident and which:

(i) Requires hospitalization for more than 48 hours, commencing within sevencalendar days from the date the injury was received; or

(ii) Results in a fracture of any bone (except simple fractures of fingers, toes ornose);

(iii) Involves lacerations which cause severe haemorrhage, nerve, muscle or tendondamage;

(iv) Involves injury to any internal organ;

Page 5: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 5/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 5

(v) Involves second or third degree burn, or any burns affecting more than 5% ofbody surface;

(vi) Involves verified exposure to infectious substances or injurious radiation.

(20) State of Design: As a country with jurisdiction over the organization being responsiblefor type design of aircraft

(21) State of Manufacturer : As a country with jurisdiction over the organization being

responsible for assembling the overall aircraft.

(22) State where the incident occur : the territory of occurring the accident‟ 

(23) State of the Operator : Country where the head quarter, or the operator residesfrequently.

(24) State of Registry: The Member nation ICAO registered aircraft in its register.

(25) Serious Damage: Damage or malfunction affects to structural damage structure,working ability, or the aircraft's flight characteristics and lead to major repairrequirement or replace the affected parts.

Note: Damage or malfunctioning engine upper limit if an engine is an engine damage ormalfunction of the engine nacelle, the small hole on the shell or structural failure of the

ground leaf blades, more aircraft, brake assemblies, wheels, tires, flaps, engine gears, brakeassemblies, wingtips are not considered serious injury as defined by this section

19.007 ABBREVIATIONS

(1) ACCID - Accident

(2) AIP - Information Publication Aeronautical).

(3) AOC - Air Operator Certificate.

(4) ICAO - International Civil Aviation Organization.

(5) INCID - Incident.

(6) IIC - Investigator-in-charge.

SUBPART B: INDIVIDUAL RESPONSIBILITIESON AIRCRAFT ACCIDENT REPORT

19.009 APPLICABILITY

(a) This part applies to aircraft operator and individual that involveor haveinformation aboutserious incident, aircraft accident:

(1) Occur in the airspace of Vietnam;

(2) Registered with Vietnam nationality; or

(3) Being operated by Vietnam aircraft operator.

19.010 INITIAL NOTIFICATION(b) Operator of civil aircraft which registered inwith Vietnam‟s nationality or public-duty aircraft

for military purposes or any aircraft which are registered of foreign nationality on the territoryof Vietnam, must notify immediately to Civil Aviation Administration of Vietnam (CAAV) bythe quickest way when the accident occurred to aircraft or any serious incident and must beinvestigated and as specified in Annex 1 of Decree No. 75/2007/ND- CP May 9, 2007 bythe Government on investigation of civil aircraft accident, as follows:

(1) Aircraft nearly collides but after the aVoidance operation, there is no collision or

dangerous incident.

(2) Aircraft nearly collides obstacles on ground.

(3) Cancel the take-off at the end point of runway or aircraft passes over the runway.

(4) Take-off at the end point of runway or outside the runway.

(5) Landing or intend to land at the end point of runway or outside the runway.

Page 6: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 6/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 6

(6) Landing too early or passing over the runway.

(7) Not achieve the expected features during the process of taking-off or getting theheight.

(8) Fire or smoke in cabin, cargo compartment; or the engine firing is stopping by theanti-fire substance.

(9) Oxygen must be used in the emergency incident by the flight crew.

(10) Damages to 01 or many systems of aircraft affecting extremely to the operator.

(11) Flight crew is inability of working during the flight.

(12) Problem in fuel makes flight crew announce the emergency.

(13) Defect of system, changeable weather or aircraft operation overexceeding theapproved limit or situations influencing on aircraft control.

(14) Structural damage or separated engines but not leading to accident.

(15) Damage to many systems at the same including a Nose In Guidance system (NIGS)for the redundancy.

(16) Other incidents must be investigated in accordance with ICAO regulations.

(c) The initial notification requirement also applies to the case that the reporting time limit onthe aircraft already had distress.

Note: The initial notification can be sentto the nearest Air Traffic Agency or The FlightInformation or The CAAV as stipulated in the AIP.

19.013 THE NOTIFICATION OF INFORMATION

(a) The notification is required to include the following information:

(1) The type, nationality and registration marks of the aircraft;(2) The name of the owner, operator;(3) The full name of the pilot - in-command of the aircraft;

(4) The date, time of incident or accident;(5) The last departure and the next point of intended arrival of the aircraft;(6) The position of the aircraft with reference to the longitude and latitude;(7) The number of fatalities, seriously injured persons in incident or accident, including

passengers, crew members and third parties;(8) The nature of incident, accident and the extent of damage to the aircraft(9) Any information relating to dangerous goods on board the aircraft.

19.015 PRESERVE AND FSECURE THE AIRCRAFT WRECKAGES AND ACCIDENT SITE

(a) The operator and the aircraft commander must ensure that the aircraft wreckages andaccident site are protected and preserve in acccordanceto Subpart D of this Part.

19.017 FLIGHT CREW EXPLANATION(a) If possible, each crew member is present when the official report was submitted,

accompanied event explanation, condition and circumstances of the incident witnessed.

(b) In the case of flight crew members cannot explain at the time of reporting, the explanationmust be given as soon as possible.

19.019 MAKING AIRCRAFT ACCIDENT, INCIDENT REPORT

(a) The aircraft operator must make the initial report of the incident, accident and submit to theCAAV following the stipulated content and time in the Decree 75/2007/ND-CP of May 9,2007 by the Government on the civil aircraft incident, accident investigation.

19.021 NOTICE OF ACCIDENT OR INCIDENT

(a) When receiving the preliminary report on serious aircraft incident or accident, the CAAV willnotify within 10 days:

Page 7: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 7/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 7

(1) the State of Registry

(2) the State of the Operator

(3) the State of Design;

(4) the State of Manufacture;

(5) International Civil Aviation Organization (ICAO) applied for aircraft with maximum take

off massof more than 2,250 kilogrammes.(b) Notification stipulated in this Subpart‟s section  (a) may be sent via fax, e mail, APTN. The

report includes the following information:

(1) Specify "ACCID" in the case of an accident or "INCID" in the case of an incident;

(2) The manufacturer, type, nationality and registration marks of aircraft;

(3) Owner name, operator or aircraft employer;

(4) Full name and nationalityof crew members and passengers;

(5) Time of the incident , accidents (local or current universal time UTC);

(6) The last point of departure and the next point of intended landing of the aircraft

(7) The position of aircraft with reference to the longitude and latitude;

(8) Number of crew members and passengers on the aircraft when accident occurred, thenumber of fatalities, seriously injured people (including passengers, crew membersand third parties on the ground);

(9) A preliminary description of the nature of accident, incident and the extent damage ofthe aircraft;

(10) The anticipated scope of the investigation;

(11) the physical characteristics of the area where incident, accident occurred, any accessdifficulties or special requirements to reach the site;

(12) the investigation agency, means used to communicate with the investigation agency;;(13) Information relating to dangerous goods on board the aircraft.

SUBPART C: MANDATORY AND VOLUNTARY OCCURANCES REPORT

19.023 APPLICABILITY

(a) This subpart specifies the requirements and principles for the implementation and managethe process of voluntary and mandatory report which are defined in this aviation safetyregulations.

(b) General requirements of this Subpart shall apply to all occurrences reports specified in thisaviation safety regulations.

(c) This Subpart reporting requirements are mandatory for all the organization and individualrelating to:

(1) Any aircraft is operated under the aircraft operator certificate issued by the CAAV.

(2) Any turbine engine aircraft that hold a certificate of airworthiness issued by the CAAV.

(d) All organizations providing services or facilities to aircraft operation over territory of Vietnamshall report any occurrences occur to their aircraft, regardless of the registered nationality ofthe aircraft, if the occurrence is on the list of incidents required to report specified in Annex 1and 4 of Decree No. 75/2007/ND-CP dated May 9, 2007 byGovernment on investigationincident and accident of civil aircraft .

19.025 APPLICABLE TO RELATING INDIVIDUAL AND ORGANIZATION

(a) Requirements for mandatory report in this Subpart apply to organization and individual:

(1) Aircraft operation, maintenance and support operation with Vietnam nationalityregistration on all their flight networks;

(2) Aircraft operation, maintenance and support operation in Vietnam; and

Page 8: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 8/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 8

(3) Aircraft and crew services providercontrolled airspace of Vietnam and airports on theterritory of Vietnam.

(b) The individual and organization in this Subpart‟s scope, including:

(1) Aircraft operator and crew team of turbine engine aircraft have a certificate ofairworthiness issued by the CAAV.

(2) Aircraft operator and crew team operate under the aircraft operator certificate issued

by the CAAV.

(3) Organization and individual that carry out manufacturing the turbine engine aircraft orits equipment used for commercial air transport purpose in Vietnam;

(4) Organizationand individual to perform duty of maintenance, technical improvementsfor turbine engine, aircraft components having a certificate of airworthiness issuedby the CAAV.

(5) Organization and individual performing maintenance or improvement of aircraftengineering, component installed in the aircraft that operated under the aircraftoperator certificate issued by the CAAV.

(6) Individual signing "Certificate of maintenance check" or "Confirm completion ofmaintenance" as stipulated in Part 20 of this regulations for aircraft turbine engine that

have Certificate of airworthiness issued by the CAAV; and "confirm completion ofmaintenance" for the aircraft component of turbine engines aircraft type that havecertificate of airworthiness issued by the CAAV.

(7) Individual signing "Certificate of maintenance check" or "Confirm completion ofmaintenance" as stipulated in Part 20 of this regulations for aircraft turbine engine thathave Certificate of airworthiness issued by the CAAV; and "confirm completion ofmaintenance" for the aircraft component of turbine engines aircraft type that havecertificate of airworthiness issued by the CAAV.

(8) Individual perform functions authorized or designated by the CAAV such as air trafficcontroller or flight dispatcher.

(9) Individual who is licensed by the CAAV or airport management personnel licensed by

CAAV;

(10) The individual performing the installation, technical improvement, maintenance, repair,overhaul, and calibration of air navigation facilities that are used to provide air trafficcontrol services approved by CAAV.

(11) The individual performing the services related to ground operation for aircraftincluding fueling, sanitation,operation mass calculation, loading and unloading,de-icingand aircraft pull and push at the airport.

(c) The organization, individual stipulated in this Part are responsible to report as inregulations,however all organization and individual are able to make report if finds it necessary, or foraviation safety purpose.

Note: See Appendix 1 to 19 025 stipulated aircraft occurences report form.

19.027 PURPOSE OF REQUIRED REPORT

(a) The aim of occurences report is to prevent accident and incident through the collecting anddisseminating equivalent safety information without aiming to blame or attribute anyone‟sresponsibility.

(b) The mandatory report‟s requirements contribute to improving aviation safety by ensuring fulland freedom report of relating information to safety that are collected, stored, protected anddistributed to the appropriate location.

(c) Voluntary report of the individual contribute to the improvement of safety aviation relate toflight safety through the same processes and applicablepolicies as to mandatory report

requirements.

Page 9: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 9/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 9

19.029 LIST OF ACCIDENTS REPORTED

(a) CAAV stipulates detailing of mandatory required to be reported and the organization andindividual „s responsibility to make a report .

Note: Appendix 01 to 19.029 for details of occurrence and the organization responsible forthe reporting

(b) In case the report is made by organization, the safety system manager will be responsible for

collecting the necessary information relating to the aircraft incident, accident from individualconcerned to report to the CAAV.

19.031 CLASSIFICATION OF INCIDENTS

(c) For the purpose of analyzing all aviation incidents and clarifying the causes to prevent similarincidents to occur, CAAV classifies the incident required to report based on the level ofsafety threat and consequences caused by the incident; and

(d) Based on the incident classification, the aircraft operator, the maintenance organization willinvestigate and clarify the causes of the problem and apply the necessary safety measuresto prevent similar incidents occurring.

Note: See Appendix 01 to 19. 031 for details of the chart and the incident required to report

clasification in the field of aircraft operation and maintenance.

19.033 RESPONSIBILITY TO REPORT.

(a) Case of an aircraft registered in Vietnam: The aircraft operator, airlines, maintenanceorganization, design organization, manufacture of aircraft, the aircraft commander airportservices providerspecified in Annex 1 to 19.029 are responsible to report to the CAAV andthe airport authority where incident occurs.

(b) In case of foreign registered aircraft: the operator provides air traffic services for an aircraftincident relating to air traffic control, airport service provider in relation with aircraft incidentrelating to ground service, and airport authorities for the remaining problems in managementresponsibility at airport.

19.035 CONTENTS OF FORM AND REPORTING PERIOD(a) Content and report form. Forms use required incident report form in annex V (Form 14A -

Vietnamese and Form 14B - English) Decree No. 75/2008/ND-CP dated May 9, 2007 by the

Government on investigating incident and accident of civil aircraft.. The contents and how to

fill in the form, see instructions in Annex 1 to 19. 035

(b) There must be available mandatory incident required to report form in all Vietnam nationalregistered aircraft to report incidents for aircraft commander, aircraft maintenance staff toperform according to the report.

(c) Within 72 hours since the incident occurs and based on report responsibility stipulated in Annex 1 to 19.029, the aircraft operator, maintenance organization, aircraft commander,airport business service providers must report to the CAAV and airport authorities where the

incident occurs.

19.037 REGULAR REPORT

(a) The organization includes aircraft operator, maintenance organization, enterprises provideairport service to summarize aircraft incidents and shall make regular report to the CAAV.

(1) Monthly report: on 25'" day every month;(2) Quarter report: before the 5'" day of the I" month next quarter;

(b) Annual report: before IS'" of January of next year.Summary report content must include:

(1) The time of the occurrence;

(2) Type of aircraft;(3) Nationality registered number ;

(4) The number of flight and flight route;

Page 10: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 10/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 10

(5) Description of the incident;

(6) Classification of incidents;

(7) The cause of the incident;

(8) The results of cause inspection;

(9) Safety measures if any.

19.039 VOLUNTARY REPORT.

(a) CAAV encourages and supports organization and individual to report all civil aviationoperation for safety purpose.

(b) There is no big difference on how the organization and processing, storage report betweenvoluntary and mandatory reports.

(c) An incident report is voluntary statement made by organization or individual are not requiredto report under the provisions of this Subpart.

(d) The incident is reported voluntarily initial and subsequent analysis will be kept as restrictedand information related to the reporter is deleted.

(e) CAAV will ensure the report‟s confidentiality and the information included in these reports willnot be used to affect to the person conducted the report.

19.043 SEFT- REPORT OF VIOLATIONS

(a) CAAV encourages to self-report violations of the provisions on mandatory or voluntaryincident reports stipulated in this Subpart and will not apply sanctions if the report isconsidered to comply with conditions in this Subpart‟s paragraph (b) stipulated.

(b) To evaluate the clear violations within this Subpart‟s applicability, CAAV must ensure to meetthe following conditions :

(1) The adjustment subjects been announced immediately to the CAAV of the apparentviolations before being detected by the CAAV via other communication channels.

(2) The notification has not been made in the course of the investigation or inspection ofthe CAAV or in connection with aircraft accident or incident.

(3) A violation of safety regulations happens that not unexpectedly.

(4) The violation of safety regulations occurred not due to lack of knowledge andexperience of the adjusted subjects.

(5) Take action in time and meet CAAV‟s requirements, after the discovery of theviolations to stop the root of violation.

(6) The adjusted object has planned or is planning to implement radical correction theviolation in order to meet the provisions of the CAAV.

(7) The radical correction includes self-assessment activities to ensure the correction ofthe violations have been carried out in accordance.

(8) The self-assessment will support CAAV‟s inspection.

19.045 REPORT CONFIDENTIAL

(a) CAAV will not disclose reporter‟s name or  involved person in the report unless it is requiredin by law or concerned individual permit to disclosure.

(b) The CAAV shall take the appropriate steps to avoid naming the real person whoreported orinvolved individuals in the case, thesafety inspection and monitoring seen as necessary fromthis voluntary report.

19.047 MEASURE FOR LICENSE AND CERTIFICATE

(c) In case of necessity, the CAAV with its competence agreed by the international conventionand the Vietnam law shall modify, revokeor suspend the license if the license or certificateholder no longer meet the rating, health condition any more to perform its rating and function.

Page 11: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 11/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 11

(d) If the incident report indicates that the license holder does not continue to meet the licensestandards, the CAAV shall take the necessary measures to recheck the license holder. Thepurpose of this evaluation only is solely for safety and not for the purpose of applyingsanctions to license holder.

19.049 MEASURES OF THE GOVERNING BODY

(a) When the incident reported point out staff unintentional errors, governing body must react

responsibly and share views on the full and honest reporting is the main purpose and makeevery effort to avoid actions that may prevent subsequent incident reports.

(b) The governing body should restrict the discipline or punishment that may lead to theprevention of employees to report their known incidents, except that these actions are vital toensure safety and the clear violation situation.

Subpart D: PROTECT AIRCRAFT WRECKAGES AND RECORDS

19.051 STORAGE AND SITE PROTECTION 

(a) All individuals involved in the search, rescue and investigate the aircraft accident shallimplement the appropriate measures to protect and maintain aircraft safety and aircraft

contents during the necessary identified period for the investigation purpose.(1) Evidence material protection must include the retention of evidence by means of

photograph and other media in case the evidence can easily be removed, deleted,lost or destroyed;

(2) The safety guardmust be includethe guarding that do not allow unauthorized people toaccess, continue to cause damage, thiefing and damage more interior of the aircraft.

(b) The aircraft operator relating to reported accident or incident is responsible to protect thesite, any aircraft wreckage, cargo, and mails including all flight document, maintenancerecords, record device relating to the operation and maintenance of aircraft and otheraviation personnel until authority allow to release the site.

(c) The aircraft operator relating to the aircraft accident or incident will retain all relating records,

reports, internal documents and memoranda until they are allowed by the authority to be re-used.

19.053 MOVING WRECKAGE

(a) No person can move or tamper the aircraft, cargo, mail wreckage before authorizedinvestigating bodies or the authorized person receive the site, except when:

(1) For the purpose of moving the injured or trapped;

(2) Protection the wreckage from being damage;

(3) To protect the community from injury.

(b) When necessary, to relocate the aircraft wreckage, mail and goods must be sketched, notetaken, photograph if possible, to mark the location and the initial state of the wreckage andanything else important.

(c) In case that the official State of aircraft registry of, State of operation, state of design ormanufacturerequest to keep the original site for purpose of investigation, the investigator incharge must take all necessary and reasonable measures to support the investigation,provided the aircraft can be moved:

(1) To the necessary area to separate people, animals, mail and asset;

(2) To prevent from being destroyed by fire or other causes,

(3) To eliminate the risk or hazard air navigation and transportation or community

(4) If it does not lead to excessive delay in bringing the aircraft back to operation, whenpossible.

Page 12: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 12/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 12

19.055 TERMINATION OF AIRCRAFT STORAGE

(a) IIC will report and decide to terminate storage of part or aircraft when it is not necessary forthe investigation and hand it over to assigned personal by State of Registry or State ofaircraft operation.

SUBPART E: INCIDENT AND ACCIDENT INVESTIGATION

19.060 RESPONSIBILITY FOR INVESTIGATION

(a) The Authority who is charged with serious incident or accident investigation needs toconduct their work under Annex 13 of the Chicago Convention on International Civil Aviationand the Law on Civil Aviation of Vietnam and Decree No. 75/2007/ND-CP dated May 9, 2007by the Government on civil aircraft incident, accident investigation.

Note: Annex 13 contains specific requirements for the notification, investigation, and reporting of certain incidents andaccidents involving international civil aviation 

(b) In the case of an accident or incident in a foreign state involving civil aircraft of Vietnamregistry, where the foreign state is ICAO member, the state of occurrence is responsible for theinvestigation.

(c) If the incident or accident occur in a foreign state for Vietnam registered aircraft and theincident take place in a state of anICAO member, the investigation will be conducted underthe cooperation agreement between VietnamGovernment and that State.

(d) CAAV organizes or arranges hierarchy of the incident investigation that affect aviation safetybut do not belong to this investigationscope in this (a), implement the necessary securitymeasures to prevent similar incident or accident.

Note: See Annex 1 to19.060 stipulating CAAV responsibilities to organize or arrangehierarchical investigation of aircraft incident.

19.063 NATURE OF INVESTIGATION

(a) Accidentand incident investigation are carried out by the authoriy who is determined by thefact and details relating to the accident or incident and the possible causes.

(b) The investigation includes the site investigation (on-scence at the accident, testing), preparethe reports, where to provide and disclosure information.

(c) The authority investigation result isissued in the form of a report or accidentandincidentsummary form. Accident and incident investigation is to deal with objectiveinformation that was collected during investigation.

19.067 AUTHORITY OF TO THE REPRESENTATIVE

(d) Any person interviewed by an assigned authorized representative of the authority during theinvestigation, regardless of the form of interview (sworn, unsworn, transcribed, nottranscribed, etc) is entitled to be accompanied, represented or advised by an attorney ornon-attorney representative.

19.069 INVESTIGATION AUTHORITY

(a) When aircraft incident occurs within Vietnam‟s territory or airspace navigation managed byVietnam, depending on case‟ nature, the Ministry of Transport shall realize its responsibilityto report in line with the international Treaty in which the Socialist of Vietnam is a member.

(b) When aircraft incident occurs within Vietnam‟s territory or airspace navigation managed byVietnam, the Ministry of Transport shall be responsible for reporting to the International Civil

 Aviation Organization and notify the State of Registry of the aircraft and State of aircraftoperater, State of manufacture, State of design and other concerned State in line with theinternational Treaty in which the Socialist of Vietnam is a member.

(c) Previlege of aircraft incident and accident investigation organization stipulated as follow:

(1) The Ministry of Transport shall organize investigation for aircraft incident and accidentstipulated at item 1 and point 2 (b), Point 104 Civil aviation Law of Vietnam; and

(2) Have a maximum take -off mass of more than 5,700 kg; or

Page 13: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 13/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 13

(3) Have transportation capacity of more than10 passengers.

(d) Accident investigationorganization has following responsibilities and previledge:

(1) Assure investigation is carried out in line with principles and transparency;

(2) Clarify possible evidence and causes;

(3) Draft safety recommendation based on detected evidence;

(4) Complete and announce investigation results.

(e) To implement the above-mentioned responsibilities, during the entire investigation process,the investigation body is permitted to utilize qualified people from Vietnam‟s organizations asfollow to serve for activities of aircraft incident and accident investigation:

(1) Aircraft operator;

(2) Air traffic service provider;

(3) Aircraft design, manufacture, maintenance and testing facilities;

(4) Aviation vocational - social organizations;

(5) Have rights to access all information, interviews, files and reports oftechnical experts;

(6) Question witnesses and technical experts.

(f) The aircraft incident and accident investigation body shall be provided with relevant workingplaces near scenes where aircraft incident or accident occurred; facilitated withtransportation means, equipment, essential tools for investigation of aircraft incident andaccident. The working places will be decided by the aircraft incident and accidentinvestigation body depending on each specific case.

(g) The aircraft incident and accident investigation body shall be responsible for storing files ofaircraft incident and accident investigation after finishing the investigation.

(h) The aircraft incident and accident investigation body shall be appointed IIC to:

(1) Conduct, control and manage investigation phases. Assign tasks to members of theinvestigation body to perform their missions and authorities in line with regulations;

(2) Organize meetings incident and accident investigation body; media speaking orappoint members of the incident investigation body as speakers during incident andaccident investigation processes;

(3) IIC has responsibilities and authorities to supervise all resources and actions of allindividuals in the government as well as concerned civillians in investigation scenes;

(4) IIC remains responsible for management and organization work until the final stage ofinvestigation and until the authority reports possibly cause of accident or incident.

19.071 REPRESENTATIVES oF RELEVANT STATE

(a) Representatives of the State of Registry, state of operation, state of design, state ofmanufacture and those states got citizens fatal or severely wounded are entitled to join the

investigation of incident, accident under the control of Vietnamaircraft incident and accidentinvestigation body.

(b) Representatives of the relevant states that participate in the aircraft incident, accidentinvestigation have the following right and obligation:

(1) Access the accident sites when showing card granted by authorized investigationbody of Vietnam;

(2) Check aircrafts‟ wreckage under investigation to perform work considered asnecessary for the investigation work;

(3) Access to information on declares by witnesses and propose issues that needed to beclarified ;

(4) Access to evidences;

(5) Receive copies of relevant investigation documents ;

(6) Participate in encoding self record device;

Page 14: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 14/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 14

(7) Participate in activities of accident investigation like checking components, technicalreview, checking and modeling accident occurrence process;

(8) Participate in meetings related to analysis, assessment on reasons and safetyrecommendations during the investigation process;

(9) Present views on issues with different opinions during accident investigation process;

(10) Be informed of information on aircraft accident allowed for disclosure by Vietnam‟s

aircraft incident and accident investigation body.

(c) Representatives of the stateto participate in incident and accident investigation whenauthorized by the competence authoritiy of Vietnamcan request organizations andindividuals who control or have the ownership of transportation means, parts or controlfacilities related to investigation or any files or memorandums that include hospitaldocuments and files, correspondences after occurrence of incident and accident, forpermission to checki, photograph or instantly copy to sever the investigation;

(b) Representatives of the state that join theinvestigation of incident and accident may questionwitnesses or anyone who can provide information related to incident and accident.

(c) Representatives of the state that joins in the investigation of incident and accident, whenauthorized by Vietnam authority investigation body, may decide the control methods to be

conducted including manpower to performthe check, checking types and witnesses fornecessary checks to serve the incident, accident investigation;

(d) Representatives of the state that join in investigation of incident and accident, whenauthorized by Vietnam‟s authority investigation body, may check and test any civil aircrafts,engines, propellers, and other aircraft parts that may be related to incident and accidentduring investigation.

19.073 AUTOPSIES

(a) In case of death tolls of aircrew during aircraft accident, the investigation body must hold areferendum for autopsy to serve the investigation.

(b) In case of death tolls of passengers or third people during aircraft accident, investigationbody may decide a referendum for autopsy to serve the investigation.

19.075 PARTIES TO THE INVESTIGATION

(a) Investigation-in-charge designates members to investigate. Parties shall be limited to thosepersons, governmental agencies, corporate, relevant organizations whose people, function,action or products related to the accident or turbulence. None of people is allowed to takepart in the investigation without prior approval of relevant authorities.

(b) Participants in the investigation (i.e party representatives, party coordinators, and/or largerparty organizations…) are directly managed by representatives of relevant authorities andcan be dismissed in case of not complying with instructions or adversely affect theinvestigation.

(c) No party to the investigation shall be represented in any aspect of the Authority‟s

investigation by any person who also represents clainmants or insurers. None ofinvestigation members can be legal representative simultaneously.

(d) To comply with Clause (a) of this Subpart, all of aviation investigation members have to signin a commitment paper for their liability.

19.079 USE AND REMOVAL OF WRECKAGE, RECORDS, MAILS AND CARGO

(a) Only parties to investigation are allowed to check wreckage, records, mails and cargo underthe supervision of relevant authorities.

(b) Wreckage, records, mails and cargo under the supervision of relevant authorities can beremoved in case of necessity.

19.081 DECODING SELF-RECORD DEVICE

(a) During aircraft incident or accident investigation, investigatiion authorities need to decodeself-record device equipped on the aircraft.

Page 15: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 15/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 15

(b) The decoding self-record device need to follow these requirements:

(1) The objectiveness of person or organization decoding.

(2) The least time spenton decoding to get relevant information.

(3) The location of decoding is near accident investigating agencies.

19.083 ANNOUNCE INFORMATION OF THE ACCIDENT OR INCIDENT

(a) The investigation information, accident scene shallbe announced with high accuracy and byassigned representative of Vietnam Government.

(b) All information relating to the aircraft incident or accident from members taking part in theinvestigation must be informed by IIC via relevant broadcasting channel before announcingto anyone out of the investing agencies.

(c) Investigation members can deliver necessary information from their organization forprevention.

(d) However, none of the information related to the aircraft incident or accident should be givento people who are not representatives of investigationagencies before the initial informationannounced by relevant authorities without the prior approval of ICC.

(e) The CAAV is responsible for reporting to ICAO and share related information to memberstate of ICAO in order to strengthen aviation safety.

19.085 ANNOUNCED INFORMATION

(a) General . Any person, government agency, company, or association whose employees,functions, activities, or products were involved in an accident or incident under investigationmay submit to the Authority written proposed findings to be drawn from the evidence producedduring the course of the investigation, a proposed probable cause, and/or proposed safetyrecommendations designed to prevent future accidents.

(b) Time of announcing. The information should be announced before the meeting hold byinvestigation agencies for aircraft accident. Any information announced should be presented

to participants of the meeting to make sure all needed consideration.

19.087 RE-INVESTIGATION

(a) The decision for re-investigating the incidents or aircraft accident after finishing investigationis only made in the case of any important evidence that can change the conclusion of theaircraft incident or accident'causes and people responsible for the aircraft incident oraccident.

(b) The authority of investigation organization and procedure for reinvestigating should beimplemented as the previous time.

19.091 PRELIMINARY REPORT ON THE INCIDENT, ACCIDENT INVESTIGATION

(a) Investigating agency shall immediately make a preliminary report on the investigation ofincident and accidentusing the form prescribed at Subpart II Decree No.75/2007/ND - CPdated May 9th 2007 by the Government on the investigation of civil aircraft incidentandaccident.

(b) Within 30 days from the date of incident or accident, the CAAV should send a preliminaryreport on the investigation of incident or accident to following organizations:

(1) The State of Registry;

(2) The State of Operator;

(3) The State of Design;

(4) The State of Manufacture;

(5) ICAO for aircraft of over 2250 kg weight

Page 16: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 16/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 16

19.093 OFFICIAL REPORT ON THE INVESTIGATION OF INCIDENTOR AIRCRAFT ACCIDENT

(a) After the completion of an investigation, investigation agency should make an official reportusingavailable form at Annex III Decree No.75/2007/NĐ  - CP dated May 9th 2007 by theGovernment on the investigation of incident or accident.

(b) The Ministry of Transport shall send the draft final report on the investigation of incident oraccident to the following agencies for consideration:

(1) The State of Registry;

(2) The State of Operator;

(3) The State of Design;

(4) The State of Manufacture;

(c) If any comments are received from the State reffered to in Item (b) of this Subpart within 60days from the date thefinal draft report sent out, the investigation agency shall consider thecomments, amend the draft final report or include such comments in the official report.

(d) After 60 days without receiving any comments, aggreement from the States, the CAAVwould send official report on the investigation of incident or accident to following countriesand international organizations:

(1) The State that instituted the investigation;

(2) The State of Registry,

(3) The State of Operator;

(4) The State of Design;

(5) The State of Manufacture;

(6) The State whose citizens have been dead or seseriously injured;

(7) tThe State that provided relevant information, facilities or experts;

(8) ICAO for aircraft of more than 5,700 kg weight.

19.095 PUBLICATION OF OFFICIAL REPORT ON THE INVESTIGATION OF INCIDENT ORACCIDENT

(a) Base on the nature of the incident or accident. a part or the whole official report on theinvestigation of incident or accident is published, except for the case that the investigationhave been carried out by the delegation of other State.

(b) The publication of official report on the investigation of incident or accident which regulatedin Item (a) of this Subpart is made within 12 months from the date on which the official reportwas sent out to the States or International Organization.

19.097 SAFETY RECOMMENDATIONS

(a) During an investigation into aircraft incident or accident, the investigation agency shall have

to the following right:(1) To request in writing the organizations, individuals concerned to take

imdediatemeasures to enhance aviation safety.

(2) To send recommendations of aviation safety made from investigation process torelevant States and ICAO.

(b) Within 30 days from the date of receiving safety recommendations, individuals pointed out inItem (1) of this Subpart have to report to the CAAV on the preventive and enhancedmeasures taken to enhance aviation safety.

Page 17: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 17/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 17

SUBPART F: THE INVESTIGATION INTO AIRCRAFT INCIDENT OR ACCIDENT OCCURRED OUTOF THE AREA OF VIETNAM

19.100 APPLICABILITY

(a) This Subpart regulates the international responsibility of Vietnam in the investigation ofaircraft incident or accident which occurred out of the area of Vietnam, yet Vietnam is eitherof the countries:

(1) The State of Registry;

(2) The State of Operator;

(3) The State of Design;

(4) The State of Manufacture.

19.103 AFTER RECEIVING INFORMATION ON THE AIRCRAFT INCIDENT OR ACCIDENT

(b) The CAAV is in charge of reporting to the Ministry of Transportfor feedback as receiving theinformation of aircraft incident or accident from the State where the incidentoccurs.

(c) The CAAV takes the responsibility to inform to the country of accident for:

(1) The possibility to assign authorized representatives; and

(2) Name, address and planned time of presence for investigation of aircraft incident oraccident of authorized representatives (If any).

19.105 PROVIDE INFORMATION FOR THE INCIDENT OR ACCIDENT INVESTIGATION

(a) In case the incident or accidentinvestigation is carried out by other State, the CAAV isresponsible for:

(1) Provide the State where incident occurswith relevant information of the aircraft rightafter receiving notification; for the flight crew ofVietnam registered or used by Vietnamoperator.

(2) Provide the State where incident occurs with relevant information of the aircraft for

the one designed or manufactured in Vietnam right after receiving notification.

(3) Provide decoded information from self record device to the State conducting theinvestigation incident or accident for aircraft registered in Vietnam or operated byVietnam operator.

(4) Provide information of dangerous goods transportation on the aircraft by Vietnamoperator as receiving notification.

(5) Provide information of passengers‟ transportation on the aircraft.

19.107 IMPLEMENTATION OF SAFETY RECOMMENDATIONS

(a) As receiving safety recommendations from the State investigating incident or accident basedon investigation results, the CAAV takes the responsibility to consider and assess those

recommendations.

(b) After assessment, the CAAV should inform the State proposing safety recommendations:

(1) Preventive activities; or

(2) Reasons for not having any responsive action; or

(3) Alternative proposals for preventive activities not belonging to those at inittial.

APPENDICE

APPENDIX 1 TO 19.125 CONTENTS AND FORM FOR MANDATORY REPORT

(a) Form for mandatory occurrence report (Form 14).

(b) Reporter has to fill in the CAAV Form 14all information related to the accident if possible.

Page 18: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 18/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 18

(c) The blank for description is used for aerial incidents and filled by the flight crew (aircraftcommander, or first officer in case the pilot in chief , aircraft commander are unable to makereport). The lower part of this box is for the description of ground technical staff and the backside of the report is for responsible agencies for making report (safety responsibledepartment of the operator, or of the maintenance organization).

(d) In case agencies responsible for making report to the CAAV on the incident on air or on theground has not yet got adequate information of the incident, the person in charge of

preliminary report need to supplement after collecting all relevant information. If thesupplement information complete after the regulated time of 72 hours, those informationmust be reported usingadditional report (CAAV form - Form 14 can be used with the note"supplement for preliminary report No. xxx)

(e) Contents of required inccident report should be clearly typed or written in capitals (in blackink) for convienience reading and assessing.

(f) Operator approved for ETOPS operation should fill in ETOPS blank in the report.

(g) Blank in form 14A and 14B (English) is regulated as below:

(1) Type of aircraft, seri number and theoperator: This information should be filled inadequately if the incident relates to the aircraft.

(2) The flight and weather information: This information only relate to the aerial incident inorder to procide the necessary information on the incident.

(3) The phases of flight are regulated as below:

Parking The aircraft is parking at the ramp and handed over to the flight crew.

Taxiing (a) The aircraft starts moving including the time moving by the push ofthe trolley out of the tube to prepare for take off.

(b) And from the moment completed landing and rolling onto the parkingline or the location to turn off the engine.

Take off From the moment of taxi running to the time leaving the ground.

Initial climb From the time leaving the ground to get the level of 1500 ft or more

when lift support devices such as front and back flaps have been retried.

Cruising From the time finishing gaining initial height to the time descent forlanding.

Descending From the time finish cruising to the level of 1500 ft.

Circus Flying around the approved area of landing to wait for clearance.

Approaching From the height of 1500 ft to the threshold point of take off and landing.

Landing From the threshold of take off and landing to the time complete landing.

Hover Flying around the approved area of landing to wait for clearance.

Engine The engine of the aircraft due to movement of steering wheels.

Hanging Hanging still at one point (for helicopter).

Passengers Commercial flight transports passengers.

Cargo Commercial flight transports cargo.

Aircraft arrangement Non commercial flight to move the aircraft to a place for commercialservice.

Position change Flying to another place for commercial service or repair after havingsevere malfunction (assuring safety for the flight).

Experiment Check the operation on air of one or more system ofthe aircraft as thechecking cannot be done on the ground or as requested by CAAV forthe extension of Certificate of Airworthiness or checking after having

technical improvement or overhaul requested by manufacturer.

Training Flight training or check for pilot, recurrent training etc.

Page 19: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 19/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 19

Business (Internal) The flight carries staff of the Operator on the operator aircraft or hiredaircraft.

Agriculture flight The flight serves agricultural purposes (ejecting pesticide...)

Survey flight Flight for taking geologic photos, maps drawing...

(h) Incident description – relating to all incident:

(1) Incident should be described clearly and exactly.,tthis description starts with a title forthe whole incident. Detailed description should include the order of incident, causeand progress of the incident, initially immediate measures to be taken to overcomeconsequences of the accident; recommendation for assessing and investigating theincident.

(2) If it is possible, the reporter should draw out a preliminary conclusion of the incidentand measures to prevent the same incident to make it convience for the correctivecoordinating and incidentassessing of the CAAV.

(i) Ground technical staffs/ agencies responsible for reporting:

(1) For incident on air or on the ground, ground technical staffs or agencies responsiblefor reporting should provide relevant technical/ maintaining information to get theexact nature of the incident.

(2) In case the report made by maintenance organization, necessary information torecognize related incident realating to maintenance process, equipment cause theincident, structural damage should be provided adequately.

(3) Phases of aircraft on the ground is classified as below:

Maintenance (a) Off site maintenance (aircraft service): responsibility for reporting toVAR 145 organization that has maintenance agreement with theoperator lays with the technical staff who sign the certificate release toservice (CRS) who is assigned technical task for the aircraft while it is

not handed over to the flight crew or has not completed the maintenancecheck at the end of the day.

(b) On site maintenance: maintenance process for maintenanceorganization onsite of of organization under VAR 145, responsibility isthe person in charge of the onsite maintenance to report of VAR 145 thathas a maintenance agreement with operator, and carry on reporting tothe CAAV and aircraft operator..

Ground activities The aircraft‟s movements on the ground do not include the “rolling” stageof the aircraft.

Nobody The aircraft, is parked at ramp or in the hangar,without anyone on theaircraft (flight crew, technician, maintenance on site).

(4) The operation time of aircraft or aircraft equipment relating to the incident shall begiven fully such as: flight time/ operation time (for equipment), cycle of aircraft or ofcomponent. Theses data should be calculated from departure and between twooverhauls.

(5) The information (issued by manufacturer/ aviation authority of the certificate holder)such as compulsory technical procedure or report or normal technical report (option)deals with incident/ or incident preventive method must be fully provided. If thisinformation/ document was issued in the past time, the reporter must provide thereference number, applicable compliance (as required in this document/ information)of aircraft, aircraft equipment or maintenance units relating to the incident in order togive the favorable conditions to evaluate the incident and announce the information

about incidents to other operators of aircraft/ aircraft equipment with the samecategory.

(a) Other information.

Page 20: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 20/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 20

(1) For incident required to report, individual, organization who are responsible shouldstate clearly the name, title, address and telephone number and define whether theincident need to be announced because of safe purpose or prestige of the Operator(in case CAAV only works directly with that Operator but not provide the information toaviation authority of type certificate holder or other operators.

(2) For voluntary report, the reporterdoes not need to state the name, address ortelephone number but the data of flight, aircraft, and incident time must be given fully

to create the favorable conditions to examination. All voluntary reports will beconfidential and only used for flight safe purpose.

Page 21: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 21/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 21

FORM 14: MANDATORY OCCURRENCE REPORT (SIDE 1) 

The Ministry of Communications and Transport

THE CIVIL AVIATION ADMINISTRATION OF VIETNAM

CAAV Form 14ARegister book of Civil Aviation Administration of Vietnam 

INCIDENT REPORT

To address: Flight Safety Standard Department –  CAAV119, Nguyen Son St., Long Bien Dst., Hanoi, Vietnam

Email: [email protected] Fax: 04-8.271.993/8.732.291Tel: 04-8.271.992

If the report is kept secret none of the information should be revealed

Type of aircraft and series Registration Operator Date Place of incident Time Day time

 Night time

Twilight

Flight number Route from  Route to Flying height (ft) Flying speed  ETOPS

Yes No

 Nature of flight Passenger CARGO  Positioning Ferry Test Traini

ng

Business  Agriculture Survey Entertaining Club Private Parachute

 jump

Towing 

Flying phases Parked Taxying Take off Initial climb Cruise Descent Holding Approaching Landing| Circuit Aerobatics Hover

Environtmental detail:

Wind Cloud Rain or snow Others Flight line

Heading Speed Type Height Normal Rain Snow Ice Hail View  Ice Turbulence Temp Dry Wet Ice snow Slipery

Light Medium Hard KMM Light  Normal Hard Light Normal Hard CAT 1 1 II

BRIEF TITILE

DETAILED DESCRIPTION OF OCCURENCE

Any procedures, manuals, pubs (eg AIC,

AD, SB etc) directly relevant to occurence

and (when appropriate compliance state of

aircraft, equipment or documentation.

G R O U N D S T A F F R E P O R T  

Aircraft manufacturing number Type of aircraft engine andnumber of manufacturing

ETOPSapproved

AIRCRAFTSITUATION 

For aircraft of under 6700 kg weight

Maintenance agency/ phone number

Yes No

Maintenance

On service

Off service

Page 22: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 22/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 22

FORM 14: MANDATORY OCCURRENCE REPORT (SIDE 2)DETAILED DESCRIPTION OF OCCURENCE(CONTINUE) 

ORGANIZATION/REPORTER &

APPROVAL NO

 NAME POSITION SIGNATURE DATE

If report is voluntary (ie, not subject to

mandatory requirements) can the information be published in the interest of safety?

Yes Address or telephone number (for contact) NOTE 1: If additional information, as

 below, is available please provide

 NOTE 2: If the occurence is related to a

desing or manufacturing deficiency,the manufacture

should also be advised promptly.

 NOTE 3: Where applicable, a report of

this incident should be forwardeddirectly to other agencies

involved, e.g. Aerodrome Authority, ATCagency.

 No

EVALUATION OF REPORT ORGANIZATION

ORGANISATION COMMENTS - ASSESSMENT / ACTION TAKEN / SUGGESTIONS TO PREVENT

AIRCRAFT OPERATION DATA OF ENGINE/ EQUIPMENT MANUFACTURER’S

COMMENT

TOTAL HOURSSINCEOVERHAUL

HOURS FROMLAST PERIODICMAINTENANCE

TOTAL HOURSSINCEOVERHAUL

HOURS FROMLASTPERIODICMAINTENANCE

YES NO

FLIGHT HOURS

CYCLE

 NUMBER OFTAKE-OFF/LANDING

FLIGHT HOURS

CYCLE

 NUMBER OF TAKE-OFF/LANDING

ORGANIZATION TEL/FAX REPORT NO REPORT INCIDENT INVESTIGATION

 NO YES

 NEW SUPPLEMENTAL NO FINISH NOTFINISH

 NAME POSITION SIGNATURE DATE

Page 23: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 23/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 23

APPENDIX 1 TO 19.029 THE LIST OF INCIDENTS FOR MANDATORY REPORT AND REPORTRESPONSIBILITY OF RELEVANT AGENCIES

The responsibility to make report of agencies (x)

 Aircraft maintenance organization

The Operator of port, airport

Flight operation assurance unit

The AOC operator

No. Incidents for mandatory report 

1 Aircrafts nearly collides but after the avoidance operation, there is nocollision or dangreous incident.

x x

2 Aircrafts nearly collides obstacles on ground x x

3 Cancel the take off at the endpoint of runway or the aircraft passes overthe runway.

x

4 Take off at the end point of runway or outside the runway x

5 Landing or intend to land at the end point of runway or outside the runway. x x

6 Landing too early or passing over the runway. x x

7 Not achieve the expected features during the process of taking off orgetting the height.

x

8 Fire or smoke s in passenger cabin, cargo compartment, or the enginefiring is stopping by the anti fire substance.

x

9 Oxygen must be used in the emergency incident by the flight crew. x

10 Damages to 1 or many systems of aircraft affecting extremely to theoperator.

x

11 Flight crew is inability of working during the flight. x

12 Problem in fuel makes flight crew announce the emergency. x x

13 Defect of system, changeable weather or aircraft operation overexceedingthe

approved limit or situations influencing on aircraft control

x x

14 Structural damage or separated engines but not leading to accident x

15 Damage to many systems at the same including a Nose In Guidancesystem for the redundancy.

x

A. AIRCRAFT FLIGHT OPERATIONS

Operation of the aircraft

16 Avoidance manoeuvres:

a) Risk of collision with another aircraft, terrain or other object or an

unsafe situation when avoidance action would have been

appropriate;

b) An avoidance manoeuvre required to avoid a collision with another

aircraft, terrain or other object;

c) An avoidance manoeuvre to avoid other unsafe situations.

x x x

Page 24: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 24/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 24

17 Take-off or landing incidents, including precautionary or forced landings.Incidents such as under-shooting, overrunning or running off the side ofrunways. Take-offs, rejected take-offs, landings or attempted landings on aclosed, occupied or incorrect runway.

18 Critically low fuel quantity or inability to transfer fuel or use total quantity ofusable fuel

x

19 Loss of control (including partial or temporary) regardless of cause x

20 Occurrences close to or above V 1 resulting from or producing a hazardousor potentially hazardous situation.

.

x

21 Go around producing a hazardous or potentially hazardous situation x

22 Unintentional significant deviation from airspeed, intended track or altitude(more than 300 ft) regardless of cause.

Reporting responsibility of organization (x)

aircraft maintenance organization

 Airport, airfield operator

Flight operation assurance department

 Aircraft operator with AOC

No. Incident required to report

23 Descent below decision height/altitude or mlllimum descent height/altitudewithout the required visual reference.

x

24 Loss of position awareness relative to actual position or to other aircraft x

25 Breakdown in communication between flight crew "CRM" (crew resourcemanagement) or between flight crew and other parties cabin crew, airtraffic control] engineering.

x x

26 Heavy landing - a landing deemed to require a "heavy landing check" x x

27 Exceedance of fuel imbalance limits. x

28 Incorrect setting of an "SSR" (secondary surveillance radar) code or of

an altimeter subscale.

x

29 Incorrect programming of, or erroneous entries into, equipment used for

navigation or performance calculations, or use of incorrect data. Incorrect

receipt or interpretation of radio-telephony messages..

x

30 Fuel system malfunctions or defects. x

31  Aircraft unintentionally departing from a paved surface. x

32 Collision between an aircraft and any other aircraft, vehicle or other groundobject.

x x x

33 Inadvertent and/or incorrect operation of any controls. x

34 Inability to achieve the intended aircraft configuration for any flight phase. x

35  A hazard or potential hazard which arises as a consequence of anydeliberate simulation of failure conditions for training, system checks ortraining purposes. .

x

Page 25: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 25/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 25

36 Abnormal vibration. x

37 Operation of any primary warning system associated with manoeuvring

the aircraft:

a) the crew conclusively established that the indication was false andprovidep that the false warning did not result in difficulty or hazard

b) operated for training or test purposes

x

38 "GPWS" (ground proximity warning system)/"TA WS" (terrain awarenessand warning system) "warning" when the aircraft comes into closerproximity to the ground than had been planned or anticipated;

x

39 The warning is experienced in instrument meteorological conditions (lMC)or at night and is established as having been triggered by a high rate ofdescent (mode 1);

x

40 The warning results from failure to select landing gear or landing flaps x

41  Any difficulty or hazard arises or might have arisen as a result of crewresponse to the "warning" e.g. possible reduced separation from othertraffic. This could include warning of any mode or type i.e. genuine,

nuisance or false..

x x

42 GPWS/TAWS "alert" when any difficulty or hazard arises or might havearisen as a result of crew response to the "alert".

x x

43 "ACAS" (air collision advisory system)"RA"s (resolution advisories). x x

44 Jet or prop blast incidents resulting in significant damage or serious InJury. x

Emergencies

Reporting responsibility of agencies (x)

 Aircraft maintenance organization

The Operator of port, airport

Flight operation assurance unit

 Aircraft operator with AOC

No. Incidents required toreport

45 Fire, explosion, smoke or t9xic or noxious fumes, even though fires wereextinguished.

x

46 The use of any non-standard procedure by the flight or cabin crew to

deal with an emergency when::

a) the procedure exists but is not used

b) the procedure does not exist

c) the procedure exists but is incomplete or inappropriate

d) the procedure is incorrect;e) the incorrect procedure is used

x

47 Inadequacy of any procedures designed to be used in an emergency,including when being used for maintenance, training or test purposes..

x

48 An event leading to an emergency evacuation. x

49 Depressurisation x

50 The use of any emergency equipment or prescribed emergency

procedures in order to deal with a situation..

x

51 An event leading to the declaration of an emergency ("Mayday" or "PAN"}. x x

Page 26: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 26/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 26

52 Failure of any emergency system or equipment, including all exit doors andlighting, to perform satisfactorily, including when being used formaintenance, training or test purposes..

x

53 Events requiring any use of emergency oxygen by any crew member x

Cases in which Crew incapacitation:

54 Incapacitation of any member of the flight crew, including that which occursprior to departure if it is considered that it could have resulted inincapacitation after take-off..

x

55 Incapacitation of any member of the cabin crew which renders them unableto perform essential emergency duties.

x

In case of Injury

56 Occurrences which have or could have led to significant injury topassengers or crew but which are not considered reportable as anaccident...

x

Cases due to Meteorology

57  A lightning strike which resulted in damage to the aircraft or loss ormalfunction of any essential service

x x

58  A hail strike which resulted m damage to the aircraft or loss or malfunctionof any essential service.

x

59 Severe turbulence encounter, an encounter resulting in injury to occupantsor deemed to require a "turbulence check" of the aircraft

x

60 A windshear encounter. x

61 Icing encounter resulting in handling difficulties, damage to the aircraft orloss or malfunction of any essential service.

x

Cases due to security

62 Unlawful interference with the aircraft including a bomb threat or hijack. x x

63 Difficulty in controlling intoxicated, violent or unruly passengers x

64 Discovery of a stowaway x

Other occurrences

65 Repeated specific incidents x

Report responsibility of organization (x)

 Aircraft maintenance organization

 Airport, airfield operator.

Flight operation assurance department

 Aircraft operator with AOC

No. Incidents required toreport

Repetitive instances of a specific type of occurrence which in isolationwould not be considered "reportable" but which due to the frequency withwhich they arise, form a potential hazard. .

66 bird strike which resulted in damage to the aircraft or loss or malfunction ofany essential service x

67  Any other occurrence of any type considered to have endangered or which x

Page 27: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 27/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 27

might have endangered the aircraft or its occupants on board the aircraft orpersons on the ground

B. AIRCRAFT TECHNICAL

Aircraft structure

68 Damage to a "PSE" (principal structural element) that has not beendesignated as damage-tolerant (life-limited element). PSEs are thosewhich contribute significantly to carrying flight, ground, and pressurisationloads, and the failure of which could result in a catastrophic failure of theaircraft;.

x x

69 Defect or damage exceeding admissible damages to a PSE that has beendesignated as damage-tolerant

x x

70 Damage to or defect exceeding allowed tolerances of a structural element,the failure of which could reduce the structural stiffness to such an extentthat the required flutter, divergence or control reversal margins are nolonger achieved.

x x

71 Damage to or defect of a structural element, which could result in theliberation of items of mass that may injure occupants of the aircraft;.

x x

72 Damage to or defect of a structural element, which could jeopardise properoperation of systems.

x x

73 Loss of any part of the aircraft structure in flight x x

Systems of aircraft

75 Loss, significant malfunction or defect of any system, subsystem or set ofequipment when standard operating procedures

x

76 Inability of the crew to control the system, for example:

a) Uncommanded actions;

b)Incorrect and/or incomplete response, including limitation of movement

or stiffness.

c) Movement of steering wheels, flaps (front and rear), rolled back, piecelarger than the main control signal.

d) Mechanical disconnection or failure;

x

77 Failure or malfunction of the exclusive function(s) of the system (onesystem could integrate several functions);

x

78 Interference within or between systems. x

79 Failure or malfunction of the protection device or emergency systemassociated with the system

x

80 Lose of redundancy of the system x

81 Any occurrence resulting from unforeseen behaviour of a system x

82 For aircraft types with single main systems, subsystems or sets ofequipment: loss, significant malfunction or defect in any main system,subsystem or set of equipment

x

83 For aircraft types with multiple independent main systems, subsystems orsets of equipment: the loss, significant malfunction or defect of more thanone main system, subsystem or set of equipment

x

Report responsibility of organization(x)

 Aircraft maintenance Organization

 Airport, airfield operator

Flight operation assurance department

Page 28: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 28/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 28

 Aircraft operator with AOC

No. Incidents required toreports

84 The operation of alarming system level 1 (Warning  – level 1, Cautionary  – Level 2, Advisory – Level 3) related to systems or devices of aircraft exceptfor the official conclusion fromthe flight crew that was false alarm and theirconfirmation that this alarm does not cause any difficulties or danger for the

staff to deal with the situations.

x

85 Leakage of hydraulic fluids, fuel, oil or other fluids which resulted in a firehazard or possible hazardous contamination of aircraft structure, systemsor equipment, or risk to occupants;.

x x

86 Malfunction or defect of any indication system when this results in thepossibility of misleading indications to the crew

x

87  Any failure, malfunction or defect if it occurs at a critical phase of the flightand (running, taking off, landing, gaining and reducing height…) is relevantto the system operation.

x

88 Significant shortfall of the actual performances compared to the approvedperformance which resulted in a hazardous situation (taking into account

the accuracy of the performance-calculation method) including brakingaction, fuel consumption etc … 

x

89  Asymmetry of flight controls; e.g. flaps, slats, spoilers etc.... x

Propulsion (including engines, propellers and rotor systems) and "APUs" (auxiliary power units)

90 Flameout, shutdown or malfunction of any engine. x

91 Overspeed or inability to control the speed of any high-speed rotatingcomponent (for example: APU, air starter, air cycle machine, air turbinemotor,propeller or rotor) …:. 

x

92 Failure or malfunction of any part of an engine or powerplant resulting inanyone or more of the following:

a) Non-containment of components/debris;

b) Uncontrolled internal or external fire, or hot gas breakout; Thrust in adirection different from that demanded by the pilot;

c) Thrust-reversing system failing to' operate or operating inadvertently

d) Inability to control power, thrust or revolutions per minute;

d) Failure of the engine mount structure

e) Partial or complete loss of a major part of the powerplant

g) Dense visible fumes or concentrations of toxic products sufficient toincapacitate crew or passengers

h) Inability, by use of normal procedures, to shutdown an engine

i) Inability to restart a serviceable engine.

x

93  An uncommanded thrust/power loss, change or oscillation which isclassified as a "LOTe" (loss of thrust or power control):

a) For aircraft with single engine;

b) where it is considered excessive for the application; or;

c) As it can affect engines of aircraft with more than 2 engines or

d) For a multi-engine aircraft where the same, or similar, engine type is

used in an application where the event would be considered hazardous orcritical.

x

Page 29: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 29/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 29

94  Any defect in a life-controlled part causing its withdrawal beforecompletionof its full life

x x

95 Defects of common origin which could cause an in-flight shut-down rate sohigh that there is the possibility of more than one engine being shut downon the same flight

x

Report responsibility of organization (x)

 Aircraft maintenance organization

 Airport, airfield operator

Flight operation assurance department

 Aircraft operator with AOC

No. Incidents required report

So serious that it is possible for more than 2 engines and more can be shutdownduring a flight

96 Limit devices or engine controlling equipment unable to work properly ormalfunction

x x

97 Exceed the limit of engine parameter x x

98 Collision with other objects causing damage for engine or otherfundamental structure.

x x

Propellers and movement transmission

99 Failure or malfunction of any part of a propeller or powerplant resulting inanyone or more of the following:

a) An overspeed of the propeller

b) The development of excessive drag

c) A thrust in the opposite direction to that commanded by the pilot.

d) A release of the propeller or any major portion of the propeller

e) A failure that results in excessive imbalance

f) The unintended movement of the propeller blades during flight

g) An inability to feather the propeller.

h) An inability to change propeller pitch;

i) An uncommanded change in pitch;k) An uncontrollable torque or speed fluctuation;

l) The release of low-energy parts

x x

100 Damage or defect of main rotor gearbox/attachment which could lead to in-flight separation of the rotor assembly and/or malfunctions of the rotorcontrol.

x x

101 Damage to tail rotor, transmission and equivalent systems x x

APUs

102 Shut down or failure when the APU is required to be availablebyoperational (ETOPS) or as request of minimum equipment list (MEL).

x

103 Inability to shut down the (APU). x x

104 Overspeed (APU). x x

Page 30: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 30/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 30

105 Inability to start the APU when needed for operational reasons: (useETOPS or use with MEL with generator of backup APU)

x

Human factors

106  Any incident where any feature or inadequacy of the aircraft design couldhave led to an error of use that could contribute to a hazardous orcatastrophic effect

x

Other occurrences

107  An occurrence not normally considered as reportable (e.g., furnishing andcabin equipment, water systems), where the circumstances resulted inendangering the aircraft or its occupants..

x

108 Fire, explosion,smoke or toxic or noxious fumes x

109  Any other event which could endanger the aircraft, or affect the safety ofthe occupants of the aircraft, or people or property in the vicinity of theaircraft or on the ground.

x

110 Failure or defect of passenger address system resulting in loss of, orinaudible, passenger address system.

x

111 Loss of pilot seat control during the flight x

The report responsibility of organization (x)

 Aircraft maintenance organization

 Airport, airfield operator  

Flight operation assurance department

 Aircraft Operator with AOC 

No.  Occurrences required to report 

C. AIRCRAFT MAINTENANCE

112 Incorrect assembly of parts or components of the aircraft found during aninspection or test procedure not intended for that specific purpose.

x x

113 Hot-air leakage causes aircraft structure damage x x

114 Any defect in a life-controlled part causing retirement before completion ofits full life

x x

115 Damage and deterioration (e.g. fractures, cracks, corrosion, delamination,disbonding etc.) resulting from any cause (e.g. as flutter, loss of stiffnessor structural failure) to::

a) a primary structure or a "PSE" (principal structure element) (as definedin the manufacturers' Repair Manual) where such damage or deteriorationexceeds allowable limits specified in the Repair Manual and requires a

repair or complete or partial replacement.

b) a secondary structure which consequently has or may haveendangered the aircraft

c) the engine, propeller or rotorcraft rotor system

x x

116 Any failure, malfunction or defect of any system or equipment, or damageor deterioration thereof found as a result of compliance with anairworthiness directive or other mandatory instruction issued by aregulatory authority, when:

a) It is detected for the first time by the reporting organizationimplementing compliance

b) On any subsequent compliance, it exceeds the permissible limitsquotedin the instruction and/or published repair/rectification proceduresare not available.

x x

Page 31: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 31/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 31

117 Failure of any emergency system or equipment, including all exit doorsand lighting, to perform satisfactorily, including when being used formaintenance or test purposes

x x

118

Non-compliance or significant errors in compliance with requiredmaintenance procedures.

x x

119 Aircraft product (aircraft, engine, and propeller), parts, equipment ormaterials are not clear or suspected about origin.

x x

120 Misleading, incorrect or insufficient maintenance data or procedures thatcould lead to maintenance errors

x x

121 Any failure, malfunction or defect of ground equipment used for testing orchecking of aircraft systems and equipment when the required routineinspection and test procedures did not clearly identify the problem, wherethis results in a hazardous situation.

x x

D. GROUND SERVICES AND FACILITIES

Air navigation services

122 Provide the inaccurate, insufficient or misunderstanding information fromsources such as: ATC, ATIS, meteorology, guiding data, map, chartandmanual.

x x

123 Provide the height from ground lower than regulation x x

124 Provide the inaccurate atmospheric pressure x x

Report responsibility of Organization(x)

 Aircraft maintenance organization

 Airport, airfield operator

Flight operation assurance department

 Aircraft Operator with AOC

No. Occurrence required to report

125 Transmit, receive and misunderstand the important instruction resulting indangerous situation.

x x

126 Breach of the minimum distance x x

127 Flying in the unallowed airspace and no-fly zone x x

128 Illegal radio communication x x129 Damage of the navigation equipment or satellite x

130 Severe damage to control system/ATC or in deterioration of airportfrastructure.

x

131 Airport area, runway are obstructed by the aircraft, vehicles, animals orunidentified objects which could result in a hazardous situation.

x x

132 Fault of warning or insufficient warning of the obstruction or harzad onrunway could be danger

x x

133 Damage or malfunction of the illumination system or non-illuminationsystem at airport.

x x

Aerodrome and aerodrome facilities

134 Significant spillage during fuelling operations.. x x

Page 32: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 32/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 32

135 Loading of incorrect fuel quantities likely to have a significant effect onaircraft endurance, performance, balance or structural strength.

x x

136 Unsatisfactory ground de-icing/anti-icing. x x

137 Significant contamination of aircraft structure, systems and equipmentarising from the carriage of baggage or cargo..

x x

Handling of passengers, baggage and cargo

138 Incorrect loading of passengers, baggage or cargo, likely to have asignificant effect on aircraft mass and/or balance..

x x

139 Incorrect stowage of baggage or cargo (including hand baggage) likely inany way to endanger the aircraft, its equipment or occupants or to impedeemergency evacuation.

x x

140 Inadequate stowage of cargo containers or other substantial items ofcargo.

x

141 Loading goods in unsafe way against the regulations x

Ground services

142 Failure, malfunction or defect of ground equipment used for the testing orchecking of aircraft systems and equipment when the required routineinspection and test procedures did not clearly identify the problem, wherethis results in a hazardous situation..

x

143 Non-compliance or significant errors in compliance with required servicingprocedures.

x

144 Loading of contaminated or incorrect type of fuel or other essential fluids(including oxygen and potable water)..

x x

Page 33: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 33/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 33

APPENDIX 1 TO 19.031: CHART FOR REPORT AND INCIDENT CLASSIFICATION OF AIRCRAFTOPERATION AND MAINTENANCE

Mandatory occurrence report for aircraft maintenanceorganization and operator  

 Aircraft inoperation? 

Has flight crew takenover the aircraft?

Maintenance in chief  

 No Yes

Safety department of maintenanceorganization

Satefy department of operator

Incident relates todesign and

manufacture defect?

Incident relates todesign andmanufacture defect?

CIVIL AVIATION ADMINISTRATIO

N OF VIETNAM

Organizations incharge of design and

manufacture 

Yes Yes/No YesYes/No

 No Yes

 Aircraft commander  Technician for flightservice

Page 34: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 34/35

Vietnam Aviation Regulations - Part 19

Publishing 00, Amendment 00, 1/2011 Page 34

Classification ofoccurrence type

Occurrence’ nature and consequence

They are occurrences listed in the Annex 4 of the Decree no. 75/2007/NĐ  –  CPdated 09

th May 2007 by the Government on investigation of civil aircraft incidents

and accidents that do not affect safety or cause difficulties to flight crews duringflying process afterward. After incidents occur, consequences, damages to

aircrafts, systems or aircraft equipment will be overcome by applying operation,maintenance, and repair processes within the operation, maintenance, repairdocument system approved by CAAV and those aircrafts may be normallyoperated. Those incident reports mainly for information provision.

Incidents of typeB 

They are incidents listed in the Annex 4 of the Decree no. 75/2007/NĐ  – CP dated09

th May 2007 by the Government on investigation of civil aircraft incidents and

accidents that affect flying safety but not up to severe levels and all actions toaddress cases are within the flight crews‟ ability. Those incidents may reduceflying safety or operations of some functions and may increase (not much) workload of flight crews like changes in flight plans or methods, etc. Those incidentsmay cause nuisances for flight crews, passengers or small damages to aircrafts.However, after incidents, consequences or damages to aircrafts, aircraft systems

or equipment will be overcome by applying operation, maintenance, and repairprocesses within the operation, maintenance, repair document system approvedby CAAV and those aircrafts may be normally exploited. Those reports forincidents mainly mean information provision and supervision.

Incidents of typeC 

They are incidents listed in the Annex 1 and 4 of the Decree no. 75/2007/NĐ  – CP dated 09

th  May 2007 by the Government on investigation of civil aircraft

incident and accident that reduce essential ability of flight crews and aircrafts‟systems to cope with disadvantages caused by incidents, which can severelyreduce flying safety and working capacity of some main functions; Remarkablyincrease work load for flight crews to cope with situations;There appear situationsthat reduce working sufficiency of f light crews, cause puzzles, fears for flight crewsand passengers or cause light wounds;Cause great breakdowns to aircrafts orsevere pollution to the environment;

Reasons of incidents or consequences and damages to aircrafts, aircraft systemsand facilities caused by incidents cannot be determined or overcome by applyingexploitation, maintenance, and repair processes within the exploitation,maintenance, repair document system approved by CAAV, which leads to pauseof aircraft operation over 96 hours (excluding cases of waiting for materials andequipment for replacement) or similar breakdowns on same equipment andaircrafts‟  systems leading to second application of similar urgent and emergentprocesses in 7 days of continuous operation.

Incidents of typeD 

They are incidents listed in the Annex1 and 4 of the Decree no. 75/2007/NĐ  –  CPdated 09

th May 2007 by the Government on investigation of civil aircraft incidents

and accidents that reduce working ability of flight crews and aircrafts‟ systems to

cope with disadvantages to levels;Severely reduce flying safety and working capacity of some mainfunctions/systems;Cause difficulties and increase work load too much so that flight crews cannot fullyrealize their work or imprecisely realize their work;Cause injuries or deaths to passengers on aircrafts/injuries or deaths to people onthe ground or public areas;Cause great breakdowns to aircrafts or severe pollution to the environment;Reasons of incidents or consequences and damages to aircrafts, aircraft systemsand facilities caused by incidents cannot be determined or overcome by applyingoperation, maintenance, and repair processes within the operation, maintenance,repair document system approved by CAAV, which leads to pause of aircraftoperation over 96 hours (excluding cases of waiting for materials and equipment

for replacement) or similar breakdowns on same equipment and aircrafts‟ systemsleading to second application of similar urgent and emergent processes in 7 daysof continuous operation.

Page 35: VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

8/21/2019 VARs PART 19 Aircraft Accident_Incident Reporting and Investigation

http://slidepdf.com/reader/full/vars-part-19-aircraft-accidentincident-reporting-and-investigation 35/35

Vietnam Aviation Regulations - Part 19

APPENDIX 1 TO 19.060: RESPONSIBILITIES TO INVESTIGATE INCIDENTS’ CAUSES 

(a) If aircraft incidents occur during exploiting aircrafts:

(1) In case flight crews receive aircrafts, commanders are in charge of filling in relatedinformation in forms of incident reports. If the flight crews do not receive aircraft,aircraft technician will fill in related information in the form. This initial report must besent to CAAV, Operator and maintenance organization if the report is made bytechnician.

(2) The operator receives the report, assesses, classifies the incidents and reports toCAAV within 72 hours.

(b) In case of incidents of type A and B, the operator shall make repair, find the cause ofincidents and overcome consequences of the incident and put the aircraft into normaloperation. The cause of incidents and overcome measures must be given in the generalmonthly report sent to CAAV.

(c) In case of incidents of type C and D in the list of incidents, Appendix 1 of Decree 1 No75/2007/NĐ-CP dated May 09, 2007 of Government on investigation of civil aircraft incidentand accident causing the injury or death to some passengers in the aircraft or to person onthe ground or public area , the CAAV shall make investigation according to the regulation onaircraft incident investigation.

(d) In case of incidents of type C and D in the list of incidents, Appendix 1 of Decree 1 No75/2007/NĐ-CP dated May 09, 2007 of Government on investigation of civil aircraft incidentand accident not causing the injury or death to some passengers in the aircraft or to personon the ground or public area, the operator shall make investigation according to theregulation on aircraft incident investigation as follows:

(1) Appoint the head of division to investigate the cause of incident (this person shall bemain contact person with CAAV‟s investigation section);

(2) Store the operation and maintenance documents relating to incident in order to servethe incident investigation;

(3) Store the cabin recorder and flight parameter recorder to encode if necessary;

(4) Collect, record and analyze the information about incident;(5) Collect the written incident reports of member of crew, technician, ground staff or

witnesses;

(6) Take a photograph, record or take necessary measures to record the images,evidences easy to be lost or deformed;

(7) The investigation section of the Operator may have investigation to identify the causeof incident and overcome consequences of the incident;

(8) The operator shall prepare the reports to be added to initial compulsory incident reportwith cause and specific measures to overcome consequences of the incident. Thosereports shall be sent to CAAV before the aircraft is put into operation;

(9) The operator must provide related information and support CAAV upon the request ofdirect investigation.

(e) In case of incidents due to defect of aircraft design and manufacture, the operator mustinform the organization in charge of manufacture and design to identify the cause of incidentand further reports to CAAV.