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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
162/2018/ND-CP
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Hanoi, November
30, 2018
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DECREE
ON ADMINISTRATIVE PENALTIES FOR CIVIL AVIATION OFFENCES
Pursuant to the Law on Government
organization dated June 19, 2015;
Pursuant to the Law on Penalties
for administrative violations dated June 20, 2012;
Pursuant to the Law on
Vietnam Civil Aviation dated June 29, 2006; the Law on amendments to the Law on
Vietnam Civil Aviation dated November 21, 2014;
At the request of the Minister of
Transport;
The Government promulgates a
Decree stipulating administrative penalties for
civil aviation offences.
Chapter I
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Article 1. Scope
This Decree deals with administrative
violations, penalties, fines, remedial measures against each violation, the
power to impose penalties, fines imposed by authorized title holders,
and the power to record administrative violations against
regulations on civil aviation.
Article 2.
Regulated entities
1. Vietnamese and foreign
organizations and individuals that commit administrative violations against
regulations on civil aviation within the territory of Vietnam, or on board the aircraft that has the registration
mark of Vietnamese nationality.
2. Organizations specified in Clause 1 of this Article include: Economic organizations
established and operating under the Law of Vietnam; regulatory agencies
committing violations which are not related to their assigned management tasks;
foreign organizations performing civil aviation operations in Vietnam;
representative offices and booking agencies of foreign airlines in Vietnam.
3. Household or individual businesses committing violations against regulations herein shall incur
the same penalties as individual offenders.
4. The persons competent to record administrative violations, the persons competent to impose administrative penalties for civil
aviation offences, and relevant organizations and individuals.
Article 3. Application
rules
1. Fines specified in Chapter
II hereof are imposed on violating organizations, except fines specified in
Clauses 1, 2, 3, and 4 of Article 6, Points i and k Clause
1 Article 7, Clauses 1, 2, 3, 4, 5 Article
8, Clauses 1, 2, 4, 5, 6 Article 9, Clauses 1, 2 and Points a, b Clause
5 Article 10, Clauses 1, 2, 3, 4 and
Point g Clause 5 Article 11, Clause 1 Article 12, Points b,
c Clause 1 and Points a, c Clause 2
Article 14, Clauses 1, 2 and Points a, d, dd Clause 3, Clauses
4, 5 Article 15, Clauses 1, 2, 3, 4, 5, 6 Article 16,
Clauses 1, 2 Article 17, Clause 1 and
Points a, b, d Clause 2 Article 18, Clauses 1, 2 Article 19, Clauses 1, 2, 3, 4, 5, 6 Article
21, Clauses 1, 2 Article 24, Clauses
1, 2, 3 Article 25, Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article
26, Points a, b, dd Clause 1 Article
27, Clauses 1, 2, 3 and Point a
Clause 4, Point b Clause 5 Article 28, Clauses 1, 2, 3
Article 30 hereof, which shall be imposed upon violating individuals. The fine incurred by an organization is twice as much as that incurred
by an individual for committing the same administrative
violation.
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Article 4.
Penalties and remedial measures
1. The organization or
individual that commits an administrative violation against
regulations on civil aviation must incur:
a) A warning; or
b) A fine.
2. Depending on the nature and
severity of each violation, the violating organization or individual shall also
incur one or some of the following additional penalties:
a) The license or practicing certificate or the
operation shall be suspended for a fixed period;
b) The exhibits
and instrumentalities used for committing administrative
violations shall be confiscated.
3. Apart from primary and additional
penalties, the violating organization or individual shall be liable to one or
some of the following remedial measures:
a) Enforced removal of elements of violation from
the aircraft, vehicle and equipment;
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c) Enforced repair of the damage caused by the violations;
d) Enforced removal of the
construction or part of the construction that is not licensed or built or
installed against the license;
dd) Enforced implementation of
measures for control of environmental pollution and prevention of
the spread of epidemics;
e) Enforced return of things, equipment or
properties stolen, blatantly appropriated or illegally impounded;
g) Enforced return of land illegally appropriated
or premises;
h) Enforced maintenance of constructions;
i) Enforced provision of re-test or re-exam;
k) Enforced cancellation of test or exam results;
l) Enforced revocation of practicing certificates
issued;
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n) Enforced return of illegal profits obtained from
the violations;
o) Enforced maintenance of aircrafts and
documentation of aircraft maintenance.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section 1: VIOLATIONS AGAINST REGULATIONS ON AIRCRAFTS
Article 5.
Violations against regulations on aircraft nationality
1. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for committing one of the
following violations:
a) Operating an aircraft on which the
nationality mark or registration mark is painted or
affixed improperly;
b) Operating a Vietnamese-nationality aircraft the
mark painted or affixed on which has a form or contents similar to or causing
the confusion with the nationality mark or registration mark of an aircraft
bearing another nationality.
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3. A fine ranging from VND
50,000,000 (fifty million) to VND 60,000,000 (sixty million) shall be imposed
for operating an aircraft without a certificate of nationality registration,
except the flight test performed to check the aircraft’s functions as regulated
by the Ministry of National Defence.
4. Remedial measures:
Enforced removal of elements of
violation from the aircraft if any of the violations prescribed in Clause 1 of
this Article is committed.
Article 6.
Violations against regulations on the eligibility for flight
1. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for committing one of the following
violations:
a) Using radio equipment on board an aircraft
against the license;
b) Failure to keep all documents concerning
aircraft maintenance and repair as regulated.
2. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Manufacturing or importing an
aircraft, its engine or propeller in or to Vietnam without or against the corresponding type
certificate issued or recognized by a competent authority;
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c) Failure to document the aircraft maintenance and repair as regulated;
d) Failure to maintain or update the aircraft
maintenance program as regulated.
3. A fine ranging from VND 60,000,000
(sixty million) to VND 80,000,000 (eighty million) shall be imposed for committing one of the following
violations:
a) Installing radio equipment on
an aircraft currently in service without the radio equipment
license;
b) Falsifying the approved aircraft’s
configuration; changing the aircraft’s configuration without an approval or
recognition;
c) Failure to comply with the airworthiness
directive or the operation directive recognized or
announced by competent authorities;
d) Failure to perform aircraft maintenance services
according to the approved aircraft maintenance plan; failure to repair or
rectify aircraft defects in conformity with the approved maintenance control
manual or standards;
dd) Failure to maintain the satisfaction of other
aircraft airworthiness standards or requirements in conformity with the
approved aircraft’s configuration.
4. A fine ranging from VND 80,000,000
(eighty million) to VND 100,000,000 (one hundred million) shall be imposed for
operating an aircraft without the airworthiness certificate.
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a) Enforced re-export of the aircraft,
its engine and propeller imported into Vietnam if the violation
prescribed in Point a Clause 2 of this Article is committed;
b) Enforced removal of elements of
violation from the aircraft if the violation prescribed in Point b,
Point c, Point d or Point dd Clause 3 of this Article is
committed.
Article 7.
Violations against regulations on aircraft maintenance and repair
1. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for committing one of the following
violations:
a) Failure to maintain the fulfillment of
eligibility requirements by an aircraft maintenance organization in terms of
organizational structure, facilities, equipment, devices, tools and materials;
b) Failure to
satisfy requirements regarding ground aids and equipment serving the provision
of aircraft maintenance services according to the list of
minimum maintenance equipment and materials approved by a competent authority;
c) Maintaining aircrafts, engines, fuselages,
propellers and equipment thereof beyond the approved rating;
d) Hiring an organization to provide maintenance,
preventive maintenance or modification of aircraft products granted the type
certificate within the rating of a licensed aircraft maintenance organization;
dd) Concealing defects found during the aircraft maintenance
or repair;
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g) Failure to sufficiently and punctually prepare
or update documents and data about the maintenance and repair of aircrafts,
engines, propellers and equipment thereof as regulated;
h) Failure to prepare adequate aircraft maintenance
records as regulated;
i) Failure to maintain aircraft, engine, propeller and equipment thereof according to the
approved aircraft maintenance program;
k) Maintaining the aircraft, engine,
propeller and equipment thereof at an aircraft maintenance organization
which does not obtain appropriate approved rating.
2. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed for committing one of the following
violations:
a) Failure to inspect or calibrate equipment
serving the aircraft maintenance and repair as regulated;
b) Employing equipment inspection and calibration
services rendered by an unlicensed organization;
c) Failure to document the aircraft maintenance as regulated.
3. Remedial measures:
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Article 8.
Violations against regulations on aircraft operations
1. A fine ranging from VND 1,000,000
(one million) to VND 3,000,000 (three
million) shall be imposed for committing one of the following violations:
a) Failure to
comply with instructions for ensuring aviation order, security and safety or
prevention of epidemics provided by the flight crew
members;
b) Illegally using safety equipment
provided on board the aircraft.
2. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing one of the following
violations:
a) Smoking on board the aircraft,
including e-cigarettes;
b) Using
electronic devices, radio transmitters or receivers on board the aircraft
without permission;
c) Damaging equipment of the aircraft;
d) Providing radiotelephone services against
working documents, procedures or requirements, or cooperation procedures.
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a) Illegally opening the aircraft’s door;
b) Failure to prepare adequate documents to be
carried on board the aircraft;
c) Failure to
purchase civil liability insurance or implement other measures for ensuring
interests of third parties on the ground at the prescribed limits
of liability;
d) Failure to submit adequate the load manifest,
general declaration, passenger list and cargo manifest of
each flight to the airports authority within the prescribed time limit;
dd) Providing
radiotelephone services against working documents, procedures or requirements,
or cooperation procedures, causing threats to aviation safety.
4. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Operating an aircraft on
which equipment is installed without appropriate certificates;
b) Failure to purchase civil liability
insurance or to implement other measures for ensuring
interests of third parties on the ground;
c) Operating an aircraft which
is not equipped with sufficient safety equipment and devices;
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dd) Failure to conduct inspections of the interior
and exterior of aircraft;
e) Failure to determine the empty weight of an
aircraft.
5. A fine ranging from VND 40,000,000
(forty million) to VND 50,000,000 (fifty million) shall be imposed for operating the aircraft for commercial purposes without the license.
6. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed for
committing one of the following violations:
a) Failure to maintain the fulfillment of
eligibility requirements to operate aircrafts with respect to organizational
structure, flight operations administration and supervision methods, or
facilities and equipment;
b) Failure to update and maintain the flight safety
documents system or operations manual as regulated.
Section 2: VIOLATIONS AGAINST REGULATIONS ON AIRPORTS AND
AERODROMES
Article 9.
Violations against regulations on management and operation of airports and
aerodromes
1. A fine ranging from VND 1,000,000
(one million) to VND 5,000,000 (five million) shall be
imposed for committing one of the following violations:
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b) Illegally placing or using things,
animals or insects for attracting birds and animals in the airport or aerodrome;
c) Damaging facilities and equipment
in the airport or aerodome;
d) Failure to wear reflective or reflective stripe
jackets when performing tasks in the airfield.
2. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Displacing, destroying,
damaging, or deforming markers, dividers, signal-bearing
objects or safety protection devices at the airport or
aerodrome; damaging signs, signboards and equipment used for identifying the
airport or aerodrome at the degree that does not cause the violating
entity to face a criminal prosecution;
b) Illegally carrying out digging or
drilling in the airport or aerodrome;
c) Displacing, changing or damaging boundary
markers or planning markers of lands of an airport or aerodrome, positioning
markers or boundary markers of buildings in an airport or aerodrome;
d) Failure to return the site or remove materials, machinery,
equipment and other assets of the contractor from airport or aerodrome after
the construction has been duly commissioned and transferred;
dd) Failure to carry out procedures for
modification of the Certificate of registration of airport or aerodrome upon
the occurrence of changes in name or address of the proprietor or operator of
the airport or aerodrome; name of the airport or aerodrome; locations or
coordinates of the airport or aerodrome reference points; aerodrome
classification; purposes of operation; operational capacity; e) Failure to
modify or supplement the aerodrome operation manual submitted to a competent
authority for approval upon the occurrence of changes in contents of the
aerodrome operation manual.
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a) Maintaining, building or repairing a building or
installing, maintaining or repairing of an equipment of an aviation service
provider in an airport or aerodrome without giving a notice to relevant
competent authorities as regulated;
b) Failure to implement the approved construction
work plan during the construction, renovation, upgrade, maintenance or repair
of a building in an airport or aerodrome;
b) Setting up, installing or using lamps, other
lighting sources, signs, markings or other objects in an airport or aerodrome
or its vicinity, which may adversely interfere with the takeoff, landing or
moving of an aircraft in the airport or aerodrome, or the identification of an
airport or aerodrome, except the case prescribed in Point k Clause 5 of this
Article;
d) Building or installing technical
facilities or equipment in an airport or aerodrome or its vicinity inconsistently with regulations on management of the height of
aviation obstacles;
dd) Failure to measure the surface friction
coefficient of runways;
e) Failure to construct, manage and maintain
barriers within the boundaries of allocated or leased lands of an airport or aerodrome;
g) Failure to carry out an assessment of impacts of
changes in technical specifications and the operation plan of the aerodrome
infrastructure on operation safety;
h) Failure to have sufficient documents on the
operation of the aerodrome and the infrastructural facilities of the airport or
aerodrome approved or promulgated by competent authorities;
i) Failure to comply with the road map for renovation and upgrade of buildings in an airport or aerodrome to ensure the access by the elderly and people
with disabilities.
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a) Failure to promulgate or to implement programs
for containment of birds, wildlife and domestic animals in
an airport or aerodrome;
b) Failure to inspect and maintain the fulfillment
of conditions for ensuring the safe operation of the airfield;
c) Failure to carry out the repair or maintenance
of the runway, taxiway or apron;
d) Failure to adopt the
approved construction measures when carrying out the
construction, renovation, upgrade, maintenance or repair of a building in an
airport or aerodrome.
5. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Misusing the lands
of an airport or aerodrome;
b) Exchanging, transfering, giving,
leasing, mortgaging, or contributing the lands of an airport or aerodrome as business capital;
c) Selling, leasing out, mortgaging or contributing
property on an airport or aerodrome land inconsistently with regulations;
d) Failing to set up or
insufficiently setting up signal or warning lights,
signposts, guidance signs and prohibition signs in the airport or aerodrome;
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e) Failure to carry out procedures for
initiating the operation or temporary closure of a building or a part of the
airport or aerodrome infrastructure as regulated;
g) Failure to have documents on the
operation of the aerodrome and the infrastructural facilities of the airport or
aerodrome approved or promulgated by competent authorities;
h) Failure to have the operation plan
and aircraft parking position diagram approved by competent authorities;
i) Failure to implement the road map for renovation and upgrade of buildings in an airport or
aerodrome to ensure the access by the elderly and people with disabilities;
k) Using laser lights in an airport or aerodrome or
its vicinity which interferes with the takeoff, landing or moving of an
aircraft in such airport or aerodrome;
l) Illegally encroaching on or appropriating the
airport or aerodrome land;
m) Carrying out the construction, renovation,
upgrade or repair of buildings or construction items or installation of
equipment in an airport or aerodrome without obtaining an approval from a
competent authority.
6. A fine ranging from VND 40,000,000
(forty million) to VND 50,000,000 (fifty million) shall be imposed for
operating an airport or aerodrome without the airport or aerodrome operator
license.
7. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed for failure to maintain the fulfillment of eligibility requirements to operate an airport or aerodrome with
respect to the organizational structure, technical standards of
an airport or aerodrome, equipment and the approved airport or aerodrome
operation manual.
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a) Enforced repair of damage caused
by the commitment of the violation prescribed in Point a or Point b Clause 1 or
Point a, Point b, Point c or Point d Clause 2 of this
Article;
b) Enforced removal of the
construction or the construction item if the violation prescribed in Point c or
Point d Clause 3, or Point m Clause 5 of this Article is committed;
c) Enforced return of illegally appropriated land
if the violation prescribed in Point l Clause 5 of this Article is committed.
Article 10.
Violations against regulations on provision of services at airports or
aerodromes
1. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing
one of the following violations:
a) Failure to publicly post the prices of
non-aviation products/services in the airport or aerodrome, or posting
incorrect prices or posting prices in an unclear manner which makes consumers
confused.
b) Placing advertising panels in an airport or aerodrome
inconsistently with applicable regulations;
c) Using fliers and sound for marketing or
advertisement in public areas of an airport or aerodrome, influencing normal
operations of the airport or aerodrome.
2. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
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b) Running advertisement on the vehicles
operating in restricted areas of the airport or aerodrome, or the equipment in
the apron, causing interference with flight activities or normal
functionalities of such vehicles or equipment;
c) Failure to comply with the approved airport or
aerodrome operation manual when using premises for provision of non-aviation
services in terminals of the airport or aerodrome;
d) Failure to maintain the fulfillment of minimum
hygiene conditions of passenger or cargo terminals;
dd) Selling hawking goods in public areas of an
airport or aerodrome.
3. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Failure to submit reports on operation of the airport
or aerodrome as regulated;
b) Failure to install adequate equipment and
systems for announcing and disseminating flight information and other
information for passengers in terminals of an airport or aerodrome;
c) Failure to install free-of-charge water bottle
filling stations in secure areas at terminals of an airport or aerodrome;
d) Failure to provide wheelchairs for people with
disabilities at terminals of an airport or aerodrome;
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4. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Infringing airlines’ rights to select aviation
service providers;
b) Failing to maintain the
fulfillment of eligibility requirements to provide aviation services with
respect to the required minimum capital, organizational
structure, equipment and conditions for ensuring aviation safety and security
as regulated;
c) Failure to organize bidding for the selection of
organizations/individuals leasing premises or providing non-aviation services
as regulated;
d) Failure to have equipment and systems for announcing and disseminating flight information and other information for passengers in terminals of an
airport or aerodrome as regulated.
5. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Selling or providing non-aviation goods and
services which are on the list of banned goods and services at an airport or
aerodrome;
b) Building or installing outdoor advertising
display screens, boards or panels in an airport or aerodrome without obtaining
an approval from a competent authority;
c) Providing aviation services in the
airport or aerodrome without the license to provide aviation services;
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dd) Failure to promulgate tax operation and control
regulations; failure to announce taxi companies chosen for airport concession
and their fares in terminals;
e) Violating other regulations on prices of
aviation services.
6. A fine ranging from VND
40,000,000 (forty million) to VND 60,000,000 (sixty million) shall be imposed
for failure to maintain the fulfillment of eligibility
requirements to operate an airport or aerodrome with respect to the
required minimum capital, organizational structure, equipment and
other necessary conditions for ensuring aviation safety and security.
7. Remedial measures:
a) Enforced removal of elements of
violation if the violation prescribed in Point a or Point b Clause 2 of this Article is committed;
b) Enforced removal of the
construction or the construction item if the violation prescribed in Point b Clause 1 or Point b Clause 5 of this Article is
committed;
c) Enforced return of the
premises if the violation prescribed in Point c Clause 2 of this Article is committed.
Article 11.
Violations against regulations on driving and operation of vehicles and
equipment in airports and aerodromes
1. A fine ranging from VND 1,000,000
(one million) to VND 3,000,000 (three million) shall be imposed for committing
one of the following violations:
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b) Carrying more people in the cockpit of the
vehicle operating in an airport or aerodrome than the prescribed limit;
c) Disobeying signposts, painted markings or signal
lights;
d) Driving a vehicle in the wrong lane in the apron
or in no-trespassing areas.
2. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing
one of the following violations:
a) Failure to
maintain the minimum safe distance between the vehicle and
aircrafts;
b) Failure to take command of the situation or to comply
with speed limits when operating a vehicle in restricted areas of the airport
or aerodrome;
c) Driving aircraft tugs at a speed
exceeding the prescribed speed limits;
d) Changing lanes where prohibited or
without reducing speed or signaling when operating a vehicle in the
airport or aerodrome;
dd) Operating a vehicle in an airport or aerodrome
and turning without slowing down or signaling;
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g) Operating a vehicle
in the aerodrome and continuously honking or revving up the engine, except
emergency vehicles on duty;
h) Failure to carry handheld radio transceivers for
two-way communication; failure to maintain the communication via handheld transceivers
with the air traffic controllers when operating a vehicle in the aerodrome;
i) Stopping or parking a vehicle
at inappropriate positions in the airport or aerodromes;
k) Illegally driving a vehicle in the apron.
3. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Driving a vehicle in the wrong route, traffic
flow or lane in an airport or aerodrome;
b) Driving a vehicle outside the
aircraft safety area at a speed exceeding the speed limits by 10 km/h or more;
c) Driving a vehicle within the aircraft safety area at a speed exceeding the speed limits;
d) Operating vehicles in the
aerodrome without obeying orders or instructions of the air traffic controllers;
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e) Illegally moving in the runway
or taxiway;
g) Operating a vehicle without
adequate and functional headlamps, plate lamps, brake lamps, turn signals, windshield wipers,
mirrors and emergency equipment as regulated;
h) Operating a vehicle without
sufficient technical operating documents as regulated;
i) Placing vehicles
or equipment at inappropriate positions in the airport or
aerodromes;
k) Operating a vehicle or equipment in the
aerodrome for unlicensed purposes;
l) Failure to yield to people or emergency
vehicles, or obstructing emergency vehicles on duty that are sending out
emergency signals in an airport or aerodrome.
4. A fine ranging from VND
10,000,000 (ten million) to VND 20,000,000 (twenty million) shall be imposed
for operating a vehicle against the traffic flow or entering no-trespassing
areas in an airport or aerodrome.
5. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Operating a vehicle which fails to meet
technical requirements and standards in an airport or aerodrome;
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c) Operating a vehicle beyond its
maximum service life in the airport or aerodrome;
d) Operating a vehicle or equipment without the
license or number plate issued by a competent authority in an airport or
aerodrome;
dd) Maintaining or repairing a vehicle or equipment operating in restricted
areas of an airport or aerodrome inconsistently with
maintenance and repair regulations;
e) Operating a vehicle or equipment produced,
assembled or remodeled in Vietnam in an airport or aerodrome without the
certificate of technical eligibility issued by a competent authority;
g) Illegally operating a vehicle in the runway or taxiway.
6. Additional penalties:
a) The license or practicing certificate shall be
suspended for 01 month if an aviation staff member commits the violation
prescribed in Point a, Point b or Point c Clause 1 of this Article, resulting
in threats to aviation safety or security;
b) The license or practicing
certificate shall be suspended for 02 months if an aviation staff member commits the violation prescribed in Clause
2 or Point a, b, c, d, dd or l Clause 3 of this Article, directly influencing or threatening aviation safety or security;
c) The license or practicing
certificate shall be suspended for 03 months if an aviation staff member commits the violation prescribed in
Point e Clause 3, Clause 4 or Point g Clause 5 of this Article.
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1. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Failure to adhere to the plan for disaster
preparedness and control or the aerodrome emergency plan;
b) Failure to examine and maintain the anchoring
and aircraft parking system in aprons, or the drainage system at an airport or
aerodrome;
c) Failure to examine and reinforce premises,
buildings, hangars or towers as regulated;
d) Failure to maintain announced aerodrome rescue
and fire fighting conditions.
2. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for committing
one of the following violations:
a) Failure to formulate the disaster preparedness and control plan or the
aerodrome emergency plan as regulated;
b) Failure to have sufficient
vehicles and equipment for disaster preparedness and control, or the anchoring
and aircraft parking system in aprons as regulated.
Article 13.
Violations against regulations on maintenance of aviation facilities
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2. Remedial measures:
Enforced maintenance of
aviation facilities as regulated if the violation prescribed in
Clause 1 of this Article is committed.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON ENVIRONMENT PROTECTION IN CIVIL AVIATION
SECTOR
Article 14.
Violations against regulations on environment protection in aircraft operation
1. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Failure to
comply with internal control procedures for collection and classification of
waste generated from aircrafts;
b) Operating an aircraft the noise
produced by which exceeds the noise limit specified in the noise certificate;
c) Operating an aircraft whose
engines produce an amount of emissions exceeding the prescribed limits;
d) Failure to submit reports on environment
protection during the operation of an aircraft.
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a) Operating an aircraft without the
noise certificate issued or recognized by a competent authority;
b) Failing to establish internal
control procedures for collection and classification of waste generated from
aircrafts;
c) Using chemicals for killing insects,
disinfecting and cleaning an aircraft against the list of insecticidal and germicidal
chemicals and preparations for household and medical use which are allowed to
be registered for use, or which are allowed to be registered but restricted
from use, or which are banned from use in Vietnam.
Article 15.
Violations against regulations on environment protection in airports or
aerodromes
1. A fine ranging from VND
3,000,000 (three million) to VND 5,000,000 (five million) shall be imposed for
throwing or discarding domestic waste at inappropriate positions in an airport
or aerodrome.
2. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Failure to adopt measures for
preventing dust emissions and releasing of solid and
liquid waste during the collection and transport of
solid waste;
b) Failure to adhere to regulations/ procedures for
use of radiation equipment and radioactive sources in an airport or aerodrome.
3. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
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b) Putting a vehicle or equipment
which fails to meet environment protection requirements into operation in an aerodrome;
c) Using radiation equipment or radioactive source
in an airport or aerodrome without the license issued by a competent authority;
d) Dropping or releasing materials
or waste or emitting dust in an airport or aerodrome;
dd) Failure to comply with regulations on reporting
on environment protection in airports or aerodromes.
4. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Illegally discharging
materials or waste in an airport or
aerodrome;
b) Failure to implement the plan for training in
environment protection for staff as regulated;
c) Failure to properly implement the environmental
emergency preparedness and response plan, and the environmental
emergency response procedure;
d) Failure to properly implement the
airport/aerodrome environmental management plan.
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a) Carrying out production/business or providing services in an airport or
aerodrome without establishing or maintaining the operation of technical
infrastructure facilities for environment protection;
b) Failure to carry out the disinfection of
aircraft at the request of an international health quarantine body for
prevention and control of communicable diseases;
c) Failure to develop an airport/ aerodrome
environment protection plan.
6. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed for operating an airport or aerodrome without the noise map or adopting noise monitoring and management solutions as regulated.
7. A fine ranging from VND
80,000,000 (eighty million) to VND 100,000,000 (one hundred million) shall be
imposed for operating an airport or aerodrome without constructing or
maintaining the operation of technical infrastructure facilities for
environment protection.
8. Remedial measures:
Enforced control of environmental
pollution and prevention of the spread of epidemics if the violation prescribed
in Clause 1 or Point d Clause 3 or Point a Clause 4 of this Article is committed.
Section 4:
VIOLATIONS AGAINST REGULATIONS ON
AVIATION STAFF, TRAINING, EMPLOYMENT AND MEDICAL EXAMINATION FOR AVIATION STAFF
Article 16. Violations against
regulations on aviation staff and work performance as per work instruction
manual, work performance procedure, job requirements and cooperation procedure
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a) Failure to carry an unexpired medical
certificate when performing duties;
b) Failure to carry an unexpired
aviation staff license when performing duties;
c) Performing duties over the prescribed working
hours or failure to get enough rest hours as prescribed, except flight
crewmembers, air traffic controllers, aircraft and its equipment
maintenance and repair staff;
d) Failure to meet requirements or conditions for
aviation staff when performing duties.
2. A fine ranging from VND 1,000,000
(one million) to VND 3,000,000 (three million) shall be imposed for committing
one of the following violations:
a) Using mobile phone when controlling or operating
a vehicle or equipment in the airfield, or managing flight operations, or
manipulating the controls of an aircraft;
b) Performing duties of aviation staff or
electrical power supply staff of an air traffic control unit against work
instruction manual, work performance procedure, job requirements or cooperation
procedure, except manipulation of the controls of aircraft, flight operation
management, aircraft and its equipment maintenance and repair, aircraft
maintenance planning, aircraft maintenance recording and aircraft technical
maintenance;
c) Performing duties such as manipulation of the
controls of aircraft, flight operation management, aircraft and its equipment
maintenance and repair over the maximum working hours or without getting enough
rest hours as prescribed.
3. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing
one of the following violations:
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b) Performing duties such as manipulation of the controls of aircraft, flight operation management,
aircraft and its equipment maintenance/repair, aircraft
maintenance planning, aircraft maintenance recording and
aircraft technical maintenance against work instruction manual, work
performance procedure, job requirements or cooperation procedure;
c) Operating an aircraft in the taxiway
or apron against the orders of air traffic controllers,
the visual docking guidance system, or instructions given by aircraft
marshallers;
d) Failure to fulfill duties of aviation staff as
stated in the issued or recognized aviation staff license or professional
certificate, except manipulation of the controls of aircraft,
flight operation management, aircraft and its equipment maintenance/repair.
4. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Performing duties of aviation
staff or electrical power supply staff of an air traffic control unit against
work instruction manual, work performance procedure, job requirements or
cooperation procedure, causing threats to aviation security and safety, except manipulation of the controls of aircraft, flight operation
management, aircraft and its equipment maintenance and repair, aircraft
maintenance planning, aircraft maintenance recording and
aircraft technical maintenance;
b) Failure to fulfill manipulation of
the controls of aircraft, flight operation management, aircraft and its
equipment maintenance/repair duties as stated in the issued or recognized
aviation staff license or professional certificate;
c) Failure to fulfill duties of
aviation staff as stated in the issued or recognized aviation staff license or
professional certificate, causing threats to aviation security and
safety, except manipulation of the controls of aircraft, flight
operation management, aircraft and its equipment maintenance/repair;
d) Failure to carry the aviation staff license, the
professional certificate, the medical certificate or the certificate of English
language proficiency when performing duties;
dd) Performing manipulation of the
controls of aircraft, flight operation management, aircraft and its equipment
maintenance/repair, aircraft maintenance planning,
aircraft maintenance recording or aircraft technical maintenance
duties against work instruction manual, work performance procedure, job
requirements or cooperation procedure, resulting in influence on civil aviation
activities but not causing threats to aviation security and safety;
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g) Operating an aircraft in the
taxiway or apron against the orders of air traffic controllers, the visual
docking guidance system, or instructions given by aircraft marshallers,
resulting in influence on civil aviation activities but not
causing threats to aviation security and safety;
h) Using drugs in work hours or having testing
positive for drugs when performing duties.
5. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Using a fake aviation staff
license, rating, professional certificate, medical certificate or certificate
of English language proficiency;
b) Failure to provide practical
instructions for on-the-job trainees resulting in threats to the aviation safety;
c) Providing false or deceptive
information in applying for an aviation staff license or rating;
d) Performing manipulation of the
controls of aircraft, flight operation management, aircraft and its equipment
maintenance/repair, aircraft maintenance planning, aircraft maintenance
recording or aircraft technical maintenance duties against work instruction
manual, work performance procedure, job requirements or cooperation procedure,
resulting in threats to aviation security and safety;
dd) Operating an aircraft in the
taxiway or apron against the orders of air traffic controllers, the visual
docking guidance system, or instructions given by aircraft marshallers,
resulting in threats to aviation safety;
e) Failure to fulfill manipulation of
the controls of aircraft, flight operation management, aircraft and its
equipment maintenance/repair duties as stated in the issued or recognized
aviation staff license or professional certificate, resulting
in threats to aviation security and safety;
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6. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Operating an aircraft against flight rules or
flight procedure, causing threats to aviation security and safety;
b) Illegally releasing or dropping
fuel, luggage, goods or other objects from an aircraft;
c) Deciding to operate a flight when
the composition of the flight crew is not satisfied as regulated.
7. Additional penalties:
a) The license or practicing
certificate shall be suspended for 01 month if an aviation
staff member commits the violation prescribed in Point a, c or h Clause 4, Point b, d, dd or e Clause 5, or Point a or c Clause
6 of this Article, directly influencing or threatening aviation
safety or security;
b) Exhibits and
instrumentalities used for committing the violation prescribed in Point
h Clause 4 of this Article shall be confiscated.
8. Remedial measures:
Enforced control of environmental
pollution and prevention of the spread of epidemics if the violation prescribed
in Point b Clause 6 of this Article is committed.
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1. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Arranging work hours or rest hours for aviation
staff inconsistently with applicable regulations;
b) Failure to organize work shifts or comply with
shift work regulations;
c) Failure to adhere to the procedures for
supervision of occupational safety and work performance.
2. A fine ranging from VND
10,000,000 (ten million) to VND 20,000,000 (twenty million) shall be imposed
for failure to arrange enough aviation staff members for performing duties as
required, or assigning a person who does not have appropriate license, rating,
professional certificate, medical certificate and English language proficiency
certificate to perform duties.
Article 18. Violations against
regulations on professional training, re-training and coaching courses for
aviation staff and English proficiency assessment
1. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Doing the exam for a candidate or assisting a
candidate in doing his/her test or exam in aviation English language
proficiency;
b) Evaluating the English language proficiency of
aviation staff against regulations;
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2. A fine ranging from VND 20,000,000
(twenty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Failure to provide professional
training, re-training and coaching courses
for aviation staff members in case the provision of such training, re-training and coaching courses is mandatory;
b) Providing a professional training, re-training and
coaching course for aviation staff against the training program or failure to
provide sufficient training hours as regulated;
c) Employing unqualified teachers to provide
professional training/ re-training/ coaching courses or assessing English
language exam papers for aviation staff;
d) Failure to keep or keeping insufficient
documents concerning aviation staff training and coaching.
3. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed for
committing one of the following violations:
a) Failure to maintain the fulfillment of
eligibility requirements to provide aviation staff training and coaching
services with respect to organizational structure, personnel, classrooms,
facilities and equipment, practical workshops, teachers/lecturers, training and
coaching programs, or teaching syllabi and materials as stated in the
certificate of eligibility to provide aviation staff training and coaching
services;
b) Providing aviation staff training and coaching courses beyond the scope of the certificate of eligibility to provide aviation staff training and
coaching services.
4. Additional penalties:
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5. Remedial measures:
Enforced cancellation of
results if the violation prescribed in Point a or Point c Clause 1 of this Article is committed.
Article 19.
Violations against regulations on medical examination of aviation staff
1. A fine ranging from VND 1,000,000
(one million) to VND 3,000,000 (three million) shall be imposed for committing
one of the following violations:
a) Providing false information concerning health
status in the application for medical examination;
b) Drinking or smoking when carrying out the heath
check or medical examination for aviation staff.
2. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Falsifying medical examination results;
b) Conducting medical examination and assessment
for aviation staff against the approved specialty of the medical examiner.
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a) Failure to perform or improperly performing the
maintenance, inspection and calibration of medical equipment serving the
conduct of medical examination and assessment as regulated;
b) Assigning a person who does not have a
professional qualification or certificate in aviation medicine or whose
operation is suspended as regulated to conduct medical examination and
assessment for aviation staff or carry out aviation medical tests;
c) Assigning a person who is
not approved as a medical examiner to conduct medical examination
and assessment for aviation staff;
d) Failure to keep or keeping
insufficient documents concerning medical examination and assessment for
aviation staff.
4. A fine ranging from VND
30,000,000 (thirty million) to VND 40,000,000 (forty million) shall be imposed
for failure to maintain the fulfillment of eligibility requirements regarding
organizational structure, facilities and equipment, medical examination and assessment
procedure, or personnel as stated in the aviation medical center certificate
granted by a competent authority.
5. Additional penalties:
The operation shall be
suspended for 01 – 03
months if the violation prescribed in Point a Clause 2 of
this Article is committed.
6. Remedial measures:
Enforced cancellation of medical
examination results if the violation prescribed in Point a or
Point b Clause 2, or Point b or Point c Clause 3 of this Article is committed.
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Article 20.
Violations against regulations on provision of air navigation services
1. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Failure to provide timely
notification for search and rescue service provider when receiving signals,
notices or information concerning an aircraft being in danger or distress;
b) Failure to have adequate operation manuals and
maintenance manuals for technical facilities and equipment as regulated;
c) Failure to have adequate operations documents
kept at the premises of the air navigation service provider as regulated;
d) Failure to submit reports on flight operations
of the air navigation service provider as regulated.
2. A fine ranging from VND 20,000,000
(twenty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Operating a technical facility or equipment
against the issued license;
b) Failure to comply with regulations on
maintenance and repair of technical facilities and equipment;
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3. A fine ranging from VND 40,000,000
(forty million) to VND 50,000,000 (fifty million) shall be
imposed for committing one of the following violations:
a) Failure to maintain the
fulfillment of eligibility requirements to provide air navigation services with
respect to organizational structure, technical facilities and equipment, or operation manuals;
b) Operating technical
facilities and equipment serving the provision of air
navigation services without obtaining a license
from a competent authority.
4. A fine ranging from VND 60,000,000
(sixty million) to VND 70,000,000 (seventy million) shall be imposed for operating an air navigation service facility
without the license granted by a competent authority.
Article 21. Violations
against regulations on air traffic management
1. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed dropping or flying equipment,
items and other objects from an aircraft in the air, causing
adverse influence on flights.
2. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Damaging technical
facilities or equipment serving the provision of air
navigation services;
b) Failure to adhere to regulations on obstruction
painting, marking and lighting.
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a) Building or installing buildings or technical
equipment penetrating the obstacle limitation surfaces outside the airport or
aerodrome boundaries, except technical facilities and equipment within the
airport or aerodrome and its vicinity;
b) Using laser lights and other lighting devices
inconsistently with regulations, causing adverse influence on flight
operations, except the case prescribed in Point k Clause 5 Article 9 hereof.
4. A fine ranging from VND 20,000,000
(twenty million) to VND 40,000,000 (forty million) shall be imposed for provision of false or deceptive statements in the
application for flight permission.
5. A fine
ranging from VND 40,000,000 (forty million) to VND 60,000,000 (sixty
million) shall be imposed for operating a flight against the flight permit.
6. A fine ranging from VND 80,000,000
(eighty million) to VND 100,000,000 (one hundred million) shall be imposed for
operating a flight without the flight permit
granted by a competent authority.
7. Remedial measures:
Enforced removal of the construction
or the construction item if the violation prescribed in Point a Clause 3 of this Article is committed.
Section 6:
VIOLATIONS AGAINST REGULATIONS ON AIR
TRANSPORT AND GENERAL AVIATION
Article 22.
Violations against regulations on establishment of enterprises providing air
transport and general aviation services
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a) Failure to
register its charter for air transport services with a competent authority as
regulated;
b) Failure to carry out procedures for registration
of changes with a competent authority in case the registration of such changes
is compulsory.
2. A fine ranging from VND
30,000,000 (thirty million) to VND 40,000,000 (forty million) shall be imposed
for carrying out general aviation operations for non-commercial purposes
without obtaining a certificate of registration of general aviation operations
from a competent authority.
3. A fine ranging from VND
40,000,000 (forty million) to VND 50,000,000 (fifty million) shall be imposed
for running general aviation business without the license granted by a
competent authority.
4. A fine ranging from VND 50,000,000
(fifty million) to VND 60,000,000 (sixty million) shall be imposed for failure to maintain the
fulfillment of eligibility requirements for the license to provide air
transport services or the license to run general aviation business.
5. A fine ranging from VND 80,000,000
(eighty million) to VND 100,000,000 (one hundred million) shall be imposed for provision of air transport services without gaining the rights to air transport.
Article 23.
Violations against regulations on provision of air transport services and performance
of general aviation operations
1. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Failure to submit reports on the provision of
air transport services to competent authorities as regulated;
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c) Entering into
cooperation agreements related to the rights to air transport without obtaining an approval from a competent authority;
d) Operating
codeshare flights from and to Vietnam without codeshare flight schedules approved by competent authorities of Vietnam;
dd) Failure to carry out procedures for re-issuance
of the license upon the occurrence of changes in the contents of the license to
establish a foreign airline’s representative office or booking agency as
regulated;
e) Failure to submit the passenger service
procedures at airports to competent authorities as regulated.
2. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Carrying out operations generating profits
directly in Vietnam, concluding new contracts or modifying the signed contracts
against legitimate rights and obligations of a foreign airline's representative
office or booking agency;
b) Failure to adopt passenger service procedures at
an airport;
c) Failure to
comply with regulations on air freight rates;
d) Painting or affixing trademark on aircrafts
causing confusion with aircrafts of another airline.
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a) Establishing a representative office or booking
agency in Vietnam without the license to establish representative office or
booking agency;
b) Issuing house air waybills without the certificate
of registration of house air waybills.
4. A fine ranging from VND 60,000,000
(sixty million) to VND 80,000,000 (eighty million) shall be imposed for
committing one of the following violations:
a) Providing air transport services
against the rights to air transport, or purchasing,
selling or transferring the rights to air transport;
b) Transporting weapons, ordnance, nuclear waste
and combat gears without getting permission from a competent authority.
Article 24: Violations against
regulations on air transport and general aviation
1. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for failure to adhere to regulations on labeling and
marking of dangerous goods transported by air.
2. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Failure to provide information or
providing false information about dangerous goods to be sent by air;
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3. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Failure to
comply with regulations on airfare discounts for senior
and disabled passengers;
b) Refusal to transport assistive aids or devices
for passengers with special needs or getting tips for transporting such
assistive aids or devices inconsistently with regulations;
c) Charging wheelchair assistance services provided
at terminals or services for passengers who are the elderly, the blind or the
deaf;
d) Failure to announce the cases in which
non-refundable fixed compensations are paid, compensation amounts, information
concerning compensation method, deadlines and locations as regulated;
dd) Failure to appoint staff to assist passengers
in completing check-in procedures before the closing time of check-in counter
as regulated;
e) Failure to organize the supervision of boarding
process as regulated;
g) Failure to fulfill all responsibilities towards
passengers at the destination or the connecting point as regulated;
h) Failure to fulfill obligations when transporting
special passengers;
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k) Failure to adhere
to airline computer reservation system rules.
4. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Failure to
adhere to regulations on transportation of dangerous goods by air;
b) Transporting a person whose name is on the No-fly list, unless it is permitted by a competent authority;
c) Failure to fulfill obligations as regulated by
law in cases of discontinued, delayed or cancelled flights, flights departing
ahead of scheduled departing time, and denied boarding passengers.
d) Failure to fulfill obligations in cases of
damaged, destroyed or lost luggage or cargo;
dd) Refusal to transport passengers, luggage or
cargo inconsistently with regulations;
e) Failure to transport passengers with
disabilities as regulated.
5. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
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b) Organizing
events on board the aircraft which may threaten aviation safety and security
without obtaining an approval from a competent authority;
c) Loading and storing goods inconsistently with
regulations;
d) Failure to
purchase civil liability insurance or implement other measures for protecting
passengers, their baggage, cargo and packages at the
prescribed limits of liability;
dd) Failure to adhere to the
certificate of registration of house air waybills.
6. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed failure to purchase civil liability insurance or
failure to implement other measures for protecting passengers, their baggage,
cargo and packages.
7. A fine ranging from VND
60,000,000 (sixty million) to VND 70,000,000 (seventy million) shall be imposed
for transporting passengers, their baggage, cargo and packages for commercial purposes without obtaining permission
or license to provide air transport services.
8. Remedial measures:
a) Enforced control of environmental
pollution if the violation prescribed in one of the violations
prescribed in Clause 2 or Point a Clause 4
of this Article is committed;
b) Enforced transfer of illegal
benefits obtained from the commitment of the administratvie
violation prescribed in Point b or Point c Clause 3 of
this Article.
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Article 25.
Violations against regulations on management and use of aviation security
control cards and licenses
1. A warning shall be imposed
for the first commitment of violation or a fine ranging from VND
500,000 (five hundred thousand) to VND 1,000,000 (one million) shall be imposed
for recidivism or repeating of one of the following
violations:
a) Using an aviation security control
card beyond its scope;
b) Failure to wear the aviation
security control card as regulated when performing duties
in restricted areas of an airport or aerodrome.
2. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing
one of the following violations:
a) Using the aviation security control card or
license or the aviation safety or security supervisor’s card of another person to
enter restricted areas in an airport or aerodrome or board an aircraft;
b) Using fake personal identity papers, ticket or
boarding pass, or using personal identity papers, ticket or boarding pass of
another person for entering the secure area or boarding an aircraft, or
allowing minors to enter the secure area or board an
aircraft;
c) Letting another person use the aviation security control card or license or the aviation safety or security supervisor’s card to enter restricted areas in an
airport or aerodrome or board an aircraft.
3. A fine ranging from VND
5,000,000 (five million) to VND 10,000,000 (ten million) shall be imposed for
using a fake aviation security control card or license or a
fake aviation safety or security supervisor’s card.
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The exhibits and instrumentalities used
for committing the administrative violation
prescribed in Point b or Point c Clause 2 or Clause 3 of this Article shall be confiscated.
Article 26. Violations against
regulations on aviation security control at airports and aerodromes, on
flights, and at places with aviation equipment and works
1. A fine ranging from VND
100,000 (one hundred thousand) to VND 500,000 (five hundred thousand) shall be
imposed for taking alcohol, alcoholic liquids and other liquids into the secure
area or on an aircraft inconsistently with regulations.
2. A fine ranging from VND
500,000 (five hundred thousand) to VND 1,000,000 (one million) shall be imposed
for failure to obey instructions given by aviation security control forces or
aviation staff at an airport or aerodrome.
3. A fine ranging from VND
1,000,000 (one million) to VND 3,000,000 (three million) shall be imposed for
threatening or reviling aviation staff, passengers or other persons at an
airport or aerodrome or at place where aviation building or equipment is
located.
4. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing
one of the following violations:
a) Disrupting, inciting or persuading
another to cause disruption to security and safety at an airport or aerodrome,
or where civil aviation building or equipment is located
but the violation is not serious enough to cause the violating entity to face a
criminal prosecution;
b) Entering restricted
areas or boarding an aircraft without passing the
appropriate gate or door, or without passing through aviation security checking
or screening system;
c) Failure to lock the cockpit door
throughout the flight as regulated;
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dd) Spreading or providing false
information about guns, ammunitions, bombs, mines,
explosives, radioactive substances, bio-weapons or
chemical weapons but the violation does not interfere with
normal civil aviation operations and is not serious enough to cause the
violating entity to face a criminal prosecution;
e) Taking person, luggage, cargo,
package or other object which is not yet screened by the
security into restricted areas in an airport or aerodrome
or on an aircraft;
g) Taking person or vehicle into restricted
areas in an airport or aerodrome inconsistently
with regulations;
h) Using rude gestures and/or words to provoke,
tease or insult aviation staff, passengers or other persons at an airport or
aerodrome;
i) Threatening or reviling aviation staff or
passengers on board an aircraft;
k) Hiring, persuading or inciting
other people to fight each other or getting involved in a fight at an airport
or aerodrome but the violation is not serious enough to cause the violating
entity to face a criminal prosecution.
5. A fine ranging from VND 7,000,000
(seven million) to VND 10,000,000 (ten million) shall be
imposed for committing one of the following violations:
a) Illegally entering restricted
areas in an airport or aerodrome or where the civil aviation building or equipment is located;
b) Attacking aviation staff, passenger or other
people at an airport or aerodrome or at place where the civil
aviation building or equipment is located but the
violation is not serious enough to cause the violating entity to face a
criminal prosecution;
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d) Disrupting, inciting or persuading
other people to cause disruption to security and order
on board an aircraft but the violation is not serious enough to cause the
violating entity to face a criminal prosecution;
dd) Stealing, blatantly appropriating or illegally
obtaining objects, equipment or property at an airport or aerodrome, or on
board an aircraft but the violation is not serious enough to cause the
violating entity to face a criminal prosecution;
e) Taking dangerous articles or substances into
restricted areas of an airport or aerodrome inconsistently with regulations but
the violation is not serious enough to cause the violating entity to face a
criminal prosecution;
g) Failure to comply with regulations
on registration and receipt of weapons, combat gears or dangerous articles to
be taken into restricted areas or on an aircraft;
h) Failure to provide or
providing false or insufficient advance passenger information
(API) as regulated;
i) Gambling or allowing another
person to organize gambling at the head office or on the vehicle in restrictec
areas of an airport or aerodrome or on an aircraft
but the violation is not serious enough to cause the violating entity to face a
criminal prosecution;
k) Failure to organize pre-flight aircraft security
check as regulated;
l) Hiring, persuading or inciting
other people to fight each other or getting involved in a fight on board
an aircraft but the violation is not serious enough to cause the
violating entity to face a criminal prosecution;
m) Transferring weapons or combat gears to
unauthorized or ineligible persons for use at an airport or aerodrome or on
board an aircraft;
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6. A fine ranging from VND 10,000,000 (ten million) to VND
15,000,000 (fifteen million) shall be imposed for
committing one of the following violations:
a) Illegally boarding an aircraft;
b) Attacking flight crew members, passengers or
other people on board an aircraft but the violation is not serious enough to
cause the violating entity to face a criminal prosecution;
c) Illegally taking combat gear,
explosive, cold weapon, sporting weapon, hunting rifle or a weapon or
article with similar functions into restricted areas of an airport or aerodrome, or on an aircraft but the violation is
not serious enough to cause the violating entity to face a criminal
prosecution;
d) Having speech threatening aviation safety but
the violation is not serious enough to cause the violating entity to face a
criminal prosecution;
dd) Taking dangerous articles on an aircraft but
the violation is not serious enough to cause the violating entity to face a
criminal prosecution.
7. A fine ranging from VND 15,000,000
(fifteen million) to VND 20,000,000 (twenty million) shall
be imposed for committing one of the following violations:
a) Spreading or providing false
information about guns, ammunitions, bombs, mines, explosives, radioactive
substances, bio-weapons or chemical weapons, causing adverse impacts on
normal civil aviation operations but the violation is not serious
enough to cause the violating entity to face a criminal prosecution;
b) Providing false information which
may threaten the safety of ground operation of an aircraft, or the safety of
passengers, flight crew, groundcrew or other persons at an
airport or aerodrome or where the civil aviation
building or equipment is located but the
violation is not serious enough to cause the violating entity to face a
criminal prosecution;
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8. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Spreading or providing false
information about guns, ammunitions, bombs, mines, explosives, radioactive
substances, bio-weapons or chemical weapons, or other information which may threaten the safety of a flying aircraft or persons aboard a
flying aircraft;
b) Illegally taking explosive
substance or material, military weapon or flammable substance on an
aircraft but the violation is not serious enough to cause the
violating entity to face a criminal prosecution.
9. Additional penalties:
a) The license or practicing
certificate shall be suspended for 01 month if an aviation staff member commits
the violation prescribed in Point a Clause 4, Point
b, d, dd, i, or l Clause 5 or Point b Clause
6 of this Article;
b) Exhibits and instrumentalities
used for committing the violation prescribed in Point i
Clause 5 of this Article shall be confiscated.
10. Remedial measures:
a) Enforced control of environmental
pollution and prevention of the spread of epidemics if the violation prescribed
in Point e Clause 5 of this Article is committed;
b) Enforced return of things, equipment or property
stolen, blatantly appropriated or illegally obtained if the violation
prescribed in Point dd Clause 5 of this Article is committed.
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1. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Failure to prepare sufficient
documents at aviation security checkpoints;
b) Failure to carry out random visual checks of
passengers and hand luggage having undergone aviation security scanning and
screening system, or persons working within restricted areas of an airport or
aerodrome as regulated;
c) Failure to keep documents, résumés, log books of
maintenance and repair of aviation security facilities and equipment as
regulated;
d) Failure to keep records of articles carried in
and out of restricted areas of an airport or aerodrome as regulated;
dd) Failure to adhere to regulations on reporting
on illegal acts of interference in civil aviation activities;
e) Assigning aviation security controllers to watch
X-ray scanner’s screen over the prescribed working hours.
2. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Failure to keep images from X-ray scanner and camera system for the prescribed period;
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c) Failure to keep lost or unclaimed luggage, or
failure to make records of lost or unclaimed luggage as regulated;
d) Failure to have operation and maintenance
manuals or procedures for management, operation, inspection and maintenance of
facilities and equipment;
dd) Failure to establish regulations on management,
use, storage, inspection and maintenance;
e) Failure to inspect X-ray scanner, walk-through
metal detector and handheld metal detector by sample kits as regulated;
g) Failure to place security seals on aircrafts,
vehicles, equipment, cargo, catering carts and parcels as regulated or placing
security seals inconsistently with regulations;
h) Failure to provide Aviation security
program/regulation for the relevant airports authority as regulated.
3. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for
committing one of the following violations:
a) Failure to implement the aviation
security program/regulation approved by a competent
authority;
b) Using equipment and means failing to meet
relevant standards for aviation security assurance purpose, or failure to
maintain the applied standards or technical features of equipment and means;
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4. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Failure to have aviation security program/regulation approved by competent authorities;
b) Failure to perform grassroots-level exercises of
programs for dealing with illegal acts of interference in civil aviation
activities as regulated.
Section 8: VIOLATIONS AGAINST REGULATIONS ON FIRE PREVENTION AT
AIRPORTS, AERODROMES AND AIR NAVIGATION SERVICE PROVIDERS
Article 28. Violations against
regulations on fire prevention at airports, aerodromes and air navigation
service providers
1. A fine ranging from VND
500,000 (five hundred thousand) to VND 1,000,000 (one million) shall be imposed
for smoking, including e-cigarettes, or using lighters, matches or fire-causing
objects at inappropriate places in an airport or aerodrome, or at the air navigation service provider’s premises.
2. A fine ranging from VND 1,000,000
(one million) to VND 3,000,000 (three million) shall be imposed for committing
one of the following violations:
a) Disabling or using fire fighting and prevention
regulations, rules, warning signs, prohibition signs or guidance signs which
are so old or contain illegible or unclear words or instructions at an airport
or aerodrome or the air navigation service provider’s premises;
b) Using fire fighting and prevention
regulations, rules, warning signs, prohibition signs or guidance signs of
incorrect specifications at an airport or aerodrome or the air
navigation service provider’s premises;
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d) Failure to disseminate fire
fighting and prevention regulations to employees as regulated;
dd) Making fire protection and firefighting
equipment and means invisible at an airport or aerodrome or the
air navigation service provider’s premises;
e) Failure to carry out the inspection and
maintenance of fire protection and firefighting equipment/ system at an airport or aerodrome or the air navigation service provider’s premises
as regulated.
3. A fine ranging from VND 5,000,000
(five million) to VND 10,000,000 (ten million) shall be imposed for committing
one of the following violations:
a) Cooking or setting fire at an airport or
aerodrome or the air navigation service provider’s premises
without permission or inconsistently with regulations;
b) Burning incense, candles or votive papers in
airport or aerodrome or the air navigation service provider’s
premises;
c) Placing dangerous articles or flammable
substances in an airport or aerodrome or the air navigation
service provider’s premises inconsistently with regulations;
d) Failure to equip or equipping fire protection
and firefighting equipment whose inspection certificate expires or which fails
to meet relevant standards in terminals, restricted areas, on vehicles
operating at an airport or aerodrome, or at the air navigation
service provider’s premises;
dd) Failure to adhere to fire protection and
firefighting regulations/ measures posted at an airport or aerodrome or at the air navigation service provider’s premises;
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4. A fine ranging from VND 10,000,000
(ten million) to VND 20,000,000 (twenty million) shall be imposed for
committing one of the following violations:
a) Smoking, including e-cigarettes, or using
lighters, matches or other fire-causing objects in the aircraft safety area or
aviation fuel storage, fuel filling station or gas supply area in an airport or
aerodrome;
b) Failure to carry out the
inspection of fire protection and firefighting conditions
at an airport or aerodrome or the air navigation service provider’s premises as
regulated.
5. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for committing
one of the following violations:
a) Failure to organize aviation firefighting
training or exercises as regulated;
b) Failure to have internal regulations on fire and explosion prevention or the
fire protection and firefighting plan when operating an airport or aerodrome.
6. Additional penalties:
The license or practicing certificate
shall be suspended for 01 month if an aviation staff
member commits the violation prescribed in Point a Clause
4 of this Article.
Section 9:
VIOLATIONS AGAINST REGULATIONS ON AVIATION SAFETY MANAGEMENT
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1. A fine ranging from VND 20,000,000
(twenty million) to VND 30,000,000 (thirty million) shall be imposed for committing
one of the following violations:
a) Failure to monitor and evaluate the obtained
safety rating as regulated;
b) Failure to organize training or providing
insufficient training programs in SMS as regulated;
c) Failure to submit reports on safety as regulated;
d) Failure to obtain a waiver from a competent
authority when performing operations requiring the waiver or failure to adhere
to the obtained waiver.
2. A fine ranging from VND 30,000,000
(thirty million) to VND 40,000,000 (forty million) shall be imposed for
committing one of the following violations:
a) Failure to maintain operation of the
SMS according to the approved SMS manual;
b) Failure to maintain the quality assurance system
as regulated;
c) Failure to carry out flight data analysis,
flight operation safety assessment program or cabin safety assessment program
as regulated;
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dd) Failure to obtain an approval from a competent
authority for the acceptable level of safety (ALOS);
e) Failure to establish the safety reporting system
as regulated.
3. A fine ranging from VND 40,000,000
(forty million) to VND 60,000,000 (sixty million) shall be imposed for
committing one of the following violations:
a) Failure to have the SMS manual approved or
accepted by a competent authority as regulated;
b) Failure to
establish the SMS as regulated.
Article 30.
Violations against regulations on aviation accident and incident investigation
1. A fine ranging from VND 3,000,000
(three million) to VND 5,000,000 (five million) shall be imposed for committing
one of the following violations:
a) Failure to provide evidences
of the aviation incident or accident as requested by competent
authorities;
b) Failure to protect the aircraft,
and equipment and articles aboard the aircraft involved in an incident or
accident as regulated.
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a) Failure to report the aviation incident or
accident as regulated;
b) Destroying, falsifying or damaging
information, equipment to be examined and other evidences of an aviation
incident or accident.
3. A fine ranging from VND
10,000,000 (ten million) to VND 20,000,000 (twenty million) shall be imposed
for hiding or concealing an aviation incident or accident.
4. A fine ranging from VND
30,000,000 (thirty million) to VND 40,000,000 (forty million) shall be imposed
for failure to carry out the investigation, analysis and evaluation of causes
of an aviation incident or accident as regulated.
5. Additional penalties:
The license or practicing certificate
shall be suspended for 01 month if an aviation staff member commits the
violation prescribed in Point b Clause 2 or Clause
3 of this Article.
Chapter III
POWER TO IMPOSE
ADMINISTRATIVE PENALTIES FOR CIVIL AVIATION OFFENCES AND PENALTY IMPOSITION
PROCEDURES
Article 31.
Power to impose penalties of inspectors
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a) Issue warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations, the value of
which does not exceed the fine rate specified in Point b of this Clause;
d) Impose the
remedial measures specified in Points c, dd Clause 3 Article 4 of this
Decree.
2. The Chief Inspector of the Civil
Aviation Authority of Vietnam and heads of inspectorates established by the Civil Aviation Authority of Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend licenses or practicing
certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations, the value of
which does not exceed the fine rate specified in Point b of this Clause;
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3. Heads of inspectorates
established by the Ministry of Transport shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 70,000,000;
c) Suspend licenses or practicing
certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations, the value of
which does not exceed the fine rate specified in Point b of this Clause;
dd) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.
4. The Chief Inspector of the
Ministry of Transport and the Director General of the Civil Aviation Authority
of Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000;
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d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.
Article 32.
Power to impose penalties of airports authorities
1. Chief representatives of airports authorities shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations, the value of
which does not exceed the fine rate specified in Point b of this Clause.
2. Directors of airports authorities shall have the power to:
a) Issue warning;
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c) Suspend licenses or practicing
certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits and
instrumentalities used for committing administrative violations, the value of
which does not exceed the fine rate specified in Point b of this Clause;
dd) Impose the
remedial measures mentioned in Points c, d, dd, e, g, h, n
Clause 3 Article 4 of this Decree.
Article 33. Power
to impose penalties of Chairpersons of People’s Committees at all levels
1. Chairpersons of People’s
Committees of communes shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations, the value of
which does not exceed the fine rate specified in Point b of this Clause;
d) Impose the remedial measures
specified in Points c, d, dd Clause 3 Article 4 of this
Decree.
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a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend licenses or practicing
certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits and instrumentalities
used for committing administrative violations, the value of which does not
exceed the fine rate specified in Point b of this Clause;
dd) Impose the remedial measures
mentioned in Points c, d, dd, e, g, h, n Clause 3 Article 4 of this Decree.
3. Chairpersons of People’s
Committees of provinces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000;
c) Suspend licenses or practicing
certificates, or suspend operations for fixed periods;
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dd) Impose the remedial measures
mentioned in Clause 3 Article 4 of this Decree.
Article 34.
Power to impose penalties of people’s police forces
1. People’s police forces are
entitled to impose penalties for administrative violations against regulations
on civil aviation in the following circumstances:
a) The administrative violation is
discovered during the implementation of an emergency plan;
b) Administrative civil aviation
offences regarding social security, order and safety are discovered at public
areas of airports or aerodromes or are transfered by civil aviation
authorities.
2. Maximum fines and the power to
impose penalties of people’s police forces shall be governed by regulations in
Point dd Clause 1 Article 24 and Article 39 of the Law on penalties for
administrative violations.
Article 35.
Other specialized inspectors
Inspectors of other branches are
entitled to impose penalties for administrative violations against regulations
on civil aviation regarding sectors or areas under their management in
accordance with the Law on penalties for administrative violations and
regulations herein.
Article 36.
Determination of power to impose penalties for administrative violations against
regulations on civil aviation
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1. Clause 3 and Clause 5
Article 12 of the Government’s Decree No. 109/2013/ND-CP dated
September 24, 2013.
2. Clause 1 Article 38,
Article 19, Clauses 2, 3 Article 31, Point b Clause 4 Article 32, Point a
Clause 2 Article 33 of the Government’s Decree No. 139/2017/ND-CP
dated November 27, 2017.
3. Points a, b Clause 1, Point
d Clause 3 Article 10, Clause 2 and Clause 3 Article 20, Points a, b Clause 1,
Clause 2 Article 29 and Point a Clause 2 Article 46 of the Government’s Decree
No. 167/2013/ND-CP dated November 12, 2013.
4. Clause 2, Point a Clause 3,
Point b Clause 4, Point a Clause 5 and Clause 6 Article 90
of the Government’s Decree No. 174/2013/ND-CP dated November 13,
2013.
5. Clause 3 Article 19, Clause
1 Article 25, Clause 1 Article 26 of the Government’s Decree No.
185/2013/ND-CP dated November 15, 2013, and the
Government’s Decree No. 124/2015/ND-CP dated November 19, 2015.
6. Clause 1 Article 14, Points
b, c, e Clause 2, Clauses 4, 5, 6 Article 15, Point b Clause 2, Point b Clause
3, Clause 4 Article 16 and Clause 1 Article 23 of the Government's Decree No. 79/2015/ND-CP dated September 14, 2015.
7. Point dd Clause 1 Article
9, Point a Clause 3 Article 10, Article 20, Article 21 and Point a Clause 1,
Clause 6, Clause 7, Clause 8 Article 22 of the Government's
Decree No. 155/2016/ND-CP dated November 18, 2016.
8. Clause 3, Points a, c
Clause 4, Points a, c Clause 5, Points a, c Clause 6, Points a, c Clause 7,
Points a, c Clause 8, Points a, c Clause 9, Points a, c Clause 10, Points a, b
Clause 11, Points a, b Clause 12, Points a, b Clause 13, Points a, b Clause 14
Article 7 and Article 19 of the Government's Decree No. 33/2017/ND-CP
dated April 03, 2017.
Article 37. Power
to make records of administrative violations
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a) The persons entitled to impose
administrative penalties for civil aviation offences;
b) Officials of the Inspectorate of the Ministry of Transport and the
Inspectorate of the Civil Aviation Authority of Vietnam in the performance of
their duties to carry out specialized inspections and take
actions against violations;
c) Officials and public employees of airports
authorities in the performance of their duties according to legislative
documents or administrative documents promulgated by competent authorities/
officers.
d) Pilot in commands and flight crew
members assigned by the pilot in commands to record
administrative violations committed aboard flying aircrafts.
2. The pilot in
command of a flying aircraft of Vietnamese nationality shall organize recording
of the administrative violation discovered aboard that flying aircraft or transfer the case to the airports authority that manages the airport or aerodrome in
Vietnam where the aircraft lands for making record of the
violation.
If the pilot in
command transfers the case of administrative violation discovered aboard the
flying aircraft to the airports authority, his/her airline's
representative shall be required to cooperate and assist
the airports authority in recording of that violation.
3. When transferring the case of
administrative violation to the airports authority, the
pilot in command must also transfer the violating entity and the following
documents/evidences to the airports authority:
a) The copy of records of the
violation in the pilot logbook, which must be certified by the pilot in
command’s signature;
b) The reports of the flight crew
members who witness the case;
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d) The exhibits and instrumentalities
of the violation (if any);
dd) Other documents/ papers relating the violation
(if any).
Article 38.
Collection and transfer of fines
1. Fines imposed for
administrative violations in the civil aviation sector shall be collected and
transferred to relevant authorities in accordance with the Law on penalties for
administrative violations and the Law on state budget.
2. Violating entities may pay fines
to either the airports authority or its representative
after having completed procedures for issuance of boarding pass.
Chapter IV
IMPLEMENTATION
Article 39. Addition of
technical and professional equipment and instruments used for detecting
administrative civil aviation violations to Section V – List of technical and
professional equipment and instruments used for detecting administrative
violations against regulations on traffic order and safety, and environment
protection enclosed with the Government’s Decree No. 165/2013/ND-CP dated
November 12, 2013
The following Clauses 6, 7, 8, 9 and 10 are added
to Section V – List of technical and professional equipment and
instruments used for detecting administrative violations against regulations on
traffic order and safety, and environment protection enclosed with the
Government’s Decree No. 165/2013/ND-CP dated November 12, 2013:
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7. Noise meters;
8. Exhaust gas analyzers;
9. Sound level meters;
10. Light meters.”
Article 40.
Effect
1. This Decree comes into force from January
15, 2019, and supersedes the Government’s Decree No.
147/2013/ND-CP dated October 30, 2013.
2. If documents referred to in this Decree are amended, supplemented or superseded, the new ones shall apply.
Article 41.
Implementation organization
1. The Minister of Transport shall
organize the implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc