DECREE

ON ADMINISTRATIVE PENALTIES FOR CIVIL AVIATION OFFENCES

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006

Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;

At the request of the Minister of Transport;

The Government promulgates a Decree on administrative penalties for civil aviation offences.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures against each violation, the power to record administrative violations, the power to impose penalties for administrative violations against regulations on civil aviation, and fines imposed by authorized title holders.

2. Other Decrees on administrative penalties for corresponding violations shall apply to administrative violations pertaining civil aviation that are not regulated by this Decree.

Article 2. Entities facing administrative penalties for civil aviation offences

Vietnamese and foreign organizations and individuals that commit administrative violations against regulations on civil aviation within the territory of Vietnam, on board aircraft that has the registration mark of Vietnamese nationality, and within the flight information region managed by Vietnam.

Article 3. Application rules

1. If an administrative violation in the civil aviation industry is regulated not only in this Decree but also in other Decrees on administrative penalties, this Decree shall apply.

2. Fines for administrative violations prescribed in Chapter II hereof are imposed on individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.

3. The fines imposed by the persons prescribed in Chapter III hereof are incurred by individuals. The fines they may impose upon organizations are twice as much as the fines incurred by individuals.

Article 4. Penalties and remedial measures

1. The organization or individual that commits an administrative violation against regulations on civil aviation must incur a warning or a fine or have its/his license or professional certificate suspended for 4 – 24 months.

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 to provide aviation services; the aviation staff license; the professional certificate of aviation staff; the certificate of eligibility to provide aviation staff training and coaching services; the certificate of eligibility to provide aviation English language test service; the aviation medical center certificate; the certificate of registration of general booking agency/booking agency agreement; the license to establish representative office or booking office; the certificate of registration of house air waybills; the license for hazardous waste transport and management shall be suspended for 1 – 3 months;

b) Medical examination provided by aviation medical examiners; the provision of aviation English language test services shall be suspended for 1 – 3 months.

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;

b) Enforced re-export of aircrafts imported into Vietnam;

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 against the license;

dd) Enforced control of environmental pollution and prevention of the spread of epidemics;

e) Enforced return of things, equipment or property stolen or appropriated, or an amount of money equivalent to the value of things, equipment or property which has been sold, liquidated, hided or destroyed.

Chapter 2.

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 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Operating an aircraft on which the nationality or registration mark is painted or affixed improperly;

b) Operating an aircraft but the mark painted or affixed on which has a form or contents causing the confusion with another aircraft’s nationality mark or registration mark.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed upon an individual for operating an aircraft which has no nationality or registration mark painted or affixed on which.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an individual for operating an aircraft without a certificate of nationality registration.

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 to VND 20,000,000 shall be imposed upon an individual for using aircraft radio equipment against the issued license.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Manufacturing or importing an aircraft, aircraft engine or propeller without or against the type certificate issued or recognized by a competent authority;

b) Installing radio equipment on aircraft currently in service without the radio equipment license;

c) Misusing aircraft, engine, propeller and parts thereof.

3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Putting an aircraft into operation without the airworthiness certificate;

b) Changing the approved aircraft’s configuration; failure to comply with technical directives or operation directives adopted or recognized by competent authorities; failure to perform maintenance services according to the approved aircraft maintenance schedule; failure to repair or rectify defects in conformity with approved maintenance control manuals or standards; failure to continue the satisfaction of other aircraft airworthiness standards or requirements in conformity with the approved aircraft’s configuration.

4. Remedial measures:

Enforced re-export of the aircraft imported into Vietnam if the violation prescribed in Point a Clause 2 of this Article is committed.

Article 7. Violations against regulations on aircraft maintenance and repair

1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to satisfy eligibility requirements for an aircraft maintenance organization in terms of organizational structure, facilities and other conditions as defined in the capability list approved by a competent authority;

b) Failure to satisfy requirements regarding equipment and tools, parts and materials, maintenance procedures and other requirements as provided in the maintenance procedures manual approved by a competent authority;

c) Failure to satisfy requirements regarding ground aids and equipment serving the provision of maintenance services according to the list of minimum maintenance equipment and materials approved by a competent authority;

d) Failure to provide procedures manuals for maintenance and repair of aircraft, engine, propeller and equipment thereof as regulated.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to provide maintenance services for aircraft, engine, propeller and equipment thereof according to the approved aircraft maintenance program;

b) Providing maintenance services for aircraft, engine, propeller and equipment thereof at the facility of an organization which does not have a valid AMO Certificate.

3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an organization for failure to inspect or calibrate equipment and tools used for the performance of maintenance and repair of aircraft as regulated or employing equipment inspection and calibration services rendered by an unlicensed organization.

Article 8. Violations against regulations on aircraft operations

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual 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 crew members;

b) Illegally using safety equipment provided on board the aircraft.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Smoking on board the aircraft, including e-cigarette;

b) Using prohibited electronic devices, radio transmitters or receivers on board the aircraft;

c) Damaging equipment of the aircraft.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Illegally opening the emergency exit door;

b) The pilot in command does not prepare enough documents to be carried on board the aircraft;

c) Failure to purchase civil liability insurance or implement other measures for protecting security of third parties on the ground at the prescribed limits of liability.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to have required certificates of components installed on an aircraft in service;

b) Failure to purchase civil liability insurance for or implement other measures for protecting security of third parties on the ground;

c) Operating an aircraft which lacks safety equipment and devices as regulated;

d) Lacking documents to be carried on board the aircraft;

dd) Failure to maintain the operation of the safety management system (SMS) according to the approved SMS manual.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to satisfy operation requirements in terms of organizational structure, equipment and components, and aircraft operation administration as regulated; failure to maintain operation training program and/or aircraft maintenance program as regulated;

b) Failure to have the aircraft operating manual as regulated;

c) Failure to establish the safety management system as regulated.

6. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon an individual for operating the aircraft for commercial purpose without the license.

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 to VND 2,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Breeding or rearing birds, cattle, poultry, or domestic animals in the airport or aerodrome;

b) Illegally placing or using things, animals or insects for attracting birds and animals in the airport or aerodrome.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Destroying, damaging, deforming or displacing markers, dividers, signal-bearing objects, safety protection devices at the airport or aerodrome; damaging signs, signboards and equipment used for identifying the airport or aerodrome;

b) Illegally carrying out digging or drilling in the airport or aerodrome;

c) Failure to comply with regulations on reporting on accidents and incidents which occur during the operation of an airport or aerodrome.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to report or obtain an approval from a competent authority for the construction, renovation, upgrade or repair of buildings or installation of equipment in the airport or aerodrome;

b) Flying equipment, devices or other objects in the airport or aerodrome;

c) Committing violations against regulations on safety and security when carrying out the construction, renovation, upgrade or repair of buildings or installation of equipment in the airport or aerodrome and its vicinity;

d) Setting up, installing or using lights, signs, markings or other objects which may affect the takeoff or landing or the identification of an airport or aerodrome in the airport or aerodrome or its vicinity;

dd) Building or installing technical facilities or equipment in the airport or aerodrome or its vicinity inconsistently with regulations on management of the height of aviation obstacles;

e) Deliberately hiding accidents or incidents during the operation of an airport or aerodrome.

4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Misusing land in the airport or aerodrome;

b) Exchanging, transferring, giving, leasing, mortgaging, or using the rights to use land of an airport or aerodrome as guarantee or contribution to a business;

c) Selling, leasing, mortgaging or using personal properties attached to the leased land of an airport or aerodrome without the approval from a competent authority;

d) Failure to set up or insufficiently setting up lights, signposts, guidance signs and prohibition signs in the airfield and other parts of an airport or aerodrome;

dd) Failure to set up or insufficiently or improperly setting up painted markings, guidance signs and signposts in the airfield as regulated;

e) Failure to carry out procedures for operation or suspension of facilities of the airport or aerodrome;

g) Building facilities in the airport or aerodrome against the approved planning;

h) Failure to have adequate airport or aerodrome operation manuals or the safety management system manuals when operating an airport or aerodrome;

i) Failure to have the operation plan and aircraft parking position diagram, or the airport or aerodrome emergency plan approved by competent authorities;

k) Failure to implement or improperly implementing the road map for renovation and upgrade of the airport or aerodrome to ensure the access by the elderly and people with disabilities.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon the airport or aerodrome enterprise for failure to maintain its satisfaction of eligibility requirements to operate an airport or aerodrome in terms of its organizational structure, technical standards of an airport or aerodrome, equipment and other contents as provided in the approved airport or aerodrome operation manual.

6. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Operating an airport or aerodrome without the airport or aerodrome operator license;

b) Constructing the airport or aerodrome against the approved planning.

7. Remedial measures:

a) Enforced repair of damage caused by the commitment of the violation prescribed in Point a or Point b Clause 1 or Point b Clause 2 of this Article;

b) Enforced removal of the construction or part of the construction that is not licensed or built against the license if the violation prescribed in Point d or Point dd Clause 3, or Point g Clause 4 or Point b Clause 6 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 to VND 5,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to fix prices of non-aviation services at terminals and other restricted areas of the airport or aerodrome;

b) Failure to carry out procedures for registration of quality and prices of non-aviation services with competent authorities;

c) Placing advertising panels which interfere with the aesthetic and architectural features of the terminals, aviation safety and security, firefighting, traffic safety or rights to run business of other parties;

d) Placing advertisement panels in the airfield or at the emergency exits of the terminals of an airport;

dd) Installing light boards or advertisement panels whose rotary lamp, laser light protector and lighting device interfere with the flight activities in the airport or aerodrome;

e) Using fliers and sound for advertisement inside and outside the terminals, influencing normal operations of the airport or aerodrome.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Using hot air balloon or other flying objects for advertisement in the airport or aerodrome;

b) Running advertisement on the vehicles operating in restricted areas of the airport or aerodrome, or the equipment in the apron, causing interference with the identification of such vehicles or equipment.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an airport or aerodrome enterprise for failure to submit reports on operation of the airport or aerodrome as regulated.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Allowing the advertisement in the airport or aerodrome inconsistently with applicable regulations;

b) Designating aviation service providers for airlines for aviation safety and security purposes without the approval from competent authorities;

c) Failure to maintain the fulfillment of eligibility requirements to provide aviation services in terms of legal capital, organizational structure, equipment and conditions for ensuring aviation safety and security as regulated.

5. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Providing aviation services in the airport or aerodrome without the license to provide aviation services;

b) Suspending the provision of aviation services and thus causing interruption to aviation activities without informing competent authorities as regulated;

c) Failure to develop plans or measures for prevention and control of floods and storms as regulated

d) Failure to prepare enough vehicles and equipment for flood and storm prevention and control, anchoring and aircraft parking systems in aprons as regulated;

dd) Failure to comply with regulations on inspection and maintenance of equipment for flood and storm prevention;

e) Failure to maintain the operation of the safety management system according to the approved safety management system manual;

g) Failure to promulgate taxi operation and control regulations; failure to announce or implement policies for selection of taxi companies for airport concession.

6. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to establish the safety management system as regulated;

b) Failure to maintain the fulfillment of eligibility requirements to operate an airport or aerodrome in terms of charter capital, organizational structure, equipment and other necessary conditions for ensuring aviation safety and security.

7. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon an individual for operating an airport or aerodrome without the license.

8. Additional penalties:

The license to provide aviation services shall be suspended for 1 - 3 months if the violation prescribed in Point c Clause 4 of this Article is committed.

9. Remedial measures:

Enforced repair of damage caused by the violation prescribed in Point c, Point d, Point dd or Point e Clause 1 or Point a Clause 4 of this Article.

Article 11. Violations against regulations on equipment and vehicles operating in airports and aerodromes

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to maintain the minimum safe distance with other vehicles or aircrafts as regulated;

b) Driving a vehicle outside the aircraft safety area in an aerodrome at a speed exceeding the speed limits by 05 km/h – 10 km/h;

c) Driving aircraft tugs at a speed exceeding the prescribed speed limits;

d) Operating the vehicle in the aerodrome and changing lanes where prohibited or without reducing speed or signaling;

dd) Operating the vehicle in the aerodrome and overtaking where overtaking is prohibited or overtaking without prior signal;

e) Operating the vehicle in the aerodrome and continuously honking or revving up the engine, except emergency vehicles on duty;

g) Damaging facilities and equipment in the airport or aerodrome.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Driving, maneuvering or operating vehicles or equipment in the aerodrome inconsistently with regulations, procedures or other rules on operation;

b) Improperly stopping or parking a vehicle;

c) Driving the vehicle in the wrong route, traffic flow or lane;

d) Driving a vehicle outside the aircraft safety area at a speed exceeding the speed limits by 10 km/h or more;

dd) Driving a vehicle in the aircraft safety area at a speed exceeding the speed limits;

e) Operating vehicles in the aerodrome without obeying orders or instructions of the air traffic controllers;

g) Driving on a runway without permission or without communicating continuously with air traffic controllers as regulated;

h) Inspecting, maintaining or repairing vehicles and equipment in prohibited areas in the airport or aerodrome;

i) Operating a vehicle without adequate and functional headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors and emergency equipment as regulated;

k) Failure to purchase insurance for vehicles operating in restricted areas of the airport or aerodrome as regulated;

l) Putting vehicles without technical operating documents into operation.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for driving a vehicle against the traffic flow in the aerodrome.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Putting a vehicle or equipment which fails operational requirements into operation in the aerodrome;

b) Putting a vehicle or equipment which is not certified or whose inspection certificate expires into operation in the aerodrome;

c) Operating a vehicle beyond its maximum service life in the airport or aerodrome;

d) Operating a vehicle or equipment in the aerodrome without the license;

dd) Maintaining or repairing vehicles operating in restricted areas of the airport or aerodrome inconsistently with regulations.

5. Additional penalties:

The aviation staff license shall be suspended for 1 – 3 months if the violation prescribed in Clause 1, Point a, Point b, Point c, Point d, Point dd, Point e or Point g Clause 2, or Clause 3 of this Article is committed.

Article 12. Violations against regulations on prevention of fire and explosion in airports and aerodromes

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Cooking or setting fire in the airport or aerodrome without permission or inconsistently with regulations on cooking and fire setting in terminals and other restricted areas of the airport or aerodrome;

b) Burning incense, candles or votive papers in terminals and other restricted areas of the airport or aerodrome;

c) Placing dangerous, flammable or explosive facilities, equipment or objects in the airport or aerodrome inconsistently with regulations;

d) Failure to equip or equipping fire prevention equipment whose inspection certificate expires on vehicles operating in restricted areas of the airport or aerodrome;

dd) Operating the airport or aerodrome without complying with internal regulations on fire and explosion prevention, or firefighting plans as regulated.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for smoking, including e-cigarettes or using lighters, matches or fire-causing objects in the aircraft safety area.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for operating an airport or aerodrome without adopting regulations on fire and explosion prevention, or firefighting plans as regulated.

4. Additional penalties:

a) The aviation staff license or professional certificate shall be suspended for 1 - 3 months if the violation prescribed in Clause 2 of this Article is committed;

b) Business operations shall be suspended for 1 – 3 months if the violation prescribed in Point a or Point dd Clause 1 or Clause 3 of this Article is committed.

SECTION 3. VIOLATIONS AGAINST REGULATIONS ON ENVIRONMENT PROTECTION IN CIVIL AVIATION SECTOR

Article 13. Violations against regulations on environment protection in aircraft operation

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual 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.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Operating an aircraft without the noise certificate issued or recognized by a competent authority;

b) Failure to establish internal control procedures for collection and classification of waste generated from aircrafts;

c) Using chemicals which are banned or restricted in Vietnam for killing insects, disinfecting and cleaning aircrafts.

3. Remedial measures:

Enforced control of environmental pollution and prevention of the spread of epidemics if the violation prescribed in Point a Clause 1 or Point c Clause 2 of this Article is committed.

Article 14. Violations against regulations on environment protection in airports or aerodromes

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for failure to adopt measures for preventing dust emissions and releasing solid and liquid waste during the collection and transport of solid waste.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to comply with the license to transport and manage hazardous waste in airports or aerodromes;

b) Putting a vehicle or equipment which fails to meet environment protection requirements into operation in the aerodrome;

c) Failure to adopt solutions for minimizing noise pollution as regulated.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Illegally dropping or releasing things or waste in the airport or aerodrome;

b) Transporting hazardous waste in an airport or aerodrome without the license to transport and manage hazardous waste granted by a competent authority.

4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an airport or aerodrome operator for failure to have the noise map or solutions for minimizing noise pollution as regulated.

5. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to comply with regulations on classification, collection, storage, transport and treatment of wastewater, solid waste and hazardous waste;

b) Carrying out production or business or providing services in the airport or aerodrome without establishing technical infrastructure facilities meeting environment protection requirements.

6. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed upon the airport or aerodrome enterprise for operating an airport or aerodrome without constructing the solid waste transfer station or the wastewater collection and treatment system in the airport or aerodrome as regulated.

7. Additional penalties:

The license to transport and manage hazardous waste shall be suspended for 1 – 3 months if the violation prescribed in Point a Clause 2 of this Article is committed.

8. Remedial measures:

Enforced control of environmental pollution if the violation prescribed in Point a Clause 3 or Point a Clause 5 of this Article is committed.

SECTION 4. VIOLATIONS AGAINST REGULATIONS ON AVIATION STAFF, TRAINING, EMPLOYMENT AND MEDICAL EXAMINATION FOR AVIATION STAFF

Article 15. Violations against regulations on aviation staff

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual for committing one of the following violations:

a) A flight crew member, cabin crew member or air traffic controller fails to carry an unexpired medical certificate when he/she is on duty;

b) Failure to carry an unexpired aviation staff license when performing duties.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual for committing one of the following violations:

a) An aviation staff member fails to wear protective clothes when he/she performs duties in the aerodrome;

b) An air traffic controller or operator of aviation vehicles and equipment in the airfield uses mobile phone when he/she is on duty.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for committing one of the following violations:

a) An aviation staff member’s failure to perform his/her duties according to the work performance procedure or cooperation procedure interferes with civil aviation activities but does not yet threaten the aviation security and safety;

b) The pilot in command fails to submit sufficient documents to be carried on board the aircraft to the airport authority as regulated.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an aviation staff member for committing one of the following violations:

a) Failure to perform his/her duties according to the license or professional certificate granted or recognized by a competent authority;

b) Failure to present the aviation staff license, the professional certificate, the medical certificate or the certificate of English language proficiency when he/she is on duty;

c) Failure to perform his/her duties according to the work performance procedure or cooperation procedure which threatens the aviation security and safety;

d) Performing duties under the influence of alcohol according to breath alcohol test result.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an aviation staff member 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 security;

c) Providing false or deceptive information in applying for an aviation staff license or rating.

6. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon an aviation staff member for committing one of the following violations:

a) Operating an aircraft against flight rules or flight procedure;

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. The aviation staff license shall be suspended for 4 – 24 months if the aviation staff member:

a) uses drugs when performing duties or is found to work under the influence of drugs according to the drug test result; or

b) fails to adhere to the work performance procedure or cooperation procedure, posing serious threats to the aviation safety.

8. Additional penalties:

The aviation staff license or professional certificate shall be suspended for 1 - 3 months if the violation prescribed in Point a or Point c Clause 4, Point b Clause 5, or Point a, Point b or Point c Clause 6 of this Article is committed.

9. 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.

Article 16. Violations against regulations on training and employment of aviation staff

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for improperly arranging working hours or rest hours for aviation staff.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for failure to arrange enough aviation staff members as required or arrangement of a person who does not have the license, professional certificate, medical certificate or English language proficiency certificate to the job position the holder of which must possess such license and certificates.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to provide professional re-training courses for aviation staff members in case the provision of re-training is mandatory;

b) Provision of aviation staff training and coaching courses against the approved programs.

4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to maintain the fulfillment of eligibility requirements to provide aviation staff training and coaching services in terms of organizational structure, teaching classrooms, facilities and equipment, practical workshops, personnel, training and coaching programs, or teaching syllabi and materials as stated in its certificate of eligibility to provide aviation staff training and coaching services;

b) Failure to maintain the fulfillment of eligibility requirements to provide aviation English language test service as stated in its certificate of eligibility to provide aviation English language test service;

c) Provision of training and coaching courses beyond the scope of its certificate of eligibility to provide aviation staff training and coaching services.

5. a Fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for deliberately falsifying aviation English language test results.

6. Additional penalties:

The certificate of eligibility to provide aviation staff training and coaching services or the certificate of eligibility to provide aviation English language test service shall be suspended for 1 – 3 months if the violation prescribed in Point b Clause 3, Point a, Point b or Point c Clause 4, or Clause 5 of this Article is committed.

Article 17. Violations against regulations on medical examination of aviation staff

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for deliberately falsifying medical examination reports.

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization for failure to comply with regulations on medical examination of aviation staff.

3. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed upon an organization for provision of medical examination for aviation staff without the aviation medical center certificate as regulated.

4. Additional penalties:

The aviation medical center certificate shall be suspended for 1 - 3 months if the violation prescribed in Clause 2 of this Article is committed.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ON AIR TRAFFIC

Article 18. Violations against regulations on provision of air navigation services

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an air traffic control service provider for 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.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon an air navigation service provider for operation of technical systems and equipment against its license for technical system and equipment operation.

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to maintain the operation of the safety management system according to the approved safety management system manual;

b) Failure to maintain the fulfillment of eligibility requirements to provide air navigation services in terms of organizational structure, technical systems and equipment, or operation manuals;

c) Operating air navigation systems and equipment without the license granted by competent authorities.

4. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed upon an air navigation service provider for failure to establish the safety management system as regulated.

5. A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed upon an organization for operating an air navigation service facility without the license granted by a competent authority.

Article 19. Violations against regulations on air traffic management

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for flying equipment, items and other objects outside the airport or aerodrome, causing adverse influence on flights.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Damaging air navigation systems and equipment;

b) Building or installing buildings or technical equipment penetrating the obstacle limitation surfaces outside the airport or aerodrome boundaries;

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for failure to adhere to regulations on obstruction painting, marking and lighting.

4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon an individual for provision of false or deceptive statements in application for flight permission.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Deliberately using communication channels or stations or other equipment for obstructing or interfering with the operation of aeronautical radio stations;

b) Operating a flight against the flight permit or licensed flight purposes.

6. A fine ranging from VND 80,000,000 to VND 100.000.000 shall be imposed upon an individual for committing one of the following violations:

a) Operating a flight without the flight permit given by a competent authority;

b) Operating demonstration or training flight in crowded areas without permission granted by a competent authority.

7. Remedial measures:

Enforced removal of the construction or part of the construction that is not licensed or built against the license if the violation prescribed in Point b Clause 2 of this Article is committed.

Article 20. Violations against regulations on aircraft accident and incident investigation

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to provide documents concerning aircraft 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.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to report the aircraft incident or accident within the prescribed time limits;

b) Destroying, falsifying or damaging information, equipment to be examined and other evidences of the aircraft incident or accident.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for hiding or concealing an aircraft incident or accident.

4. Additional penalties:

The aviation staff license or professional certificate shall be suspended for 1 - 3 months if the violation prescribed in Point b Clause 2 or Clause 3 of this Article is committed.

SECTION 6. VIOLATIONS AGAINST REGULATIONS ON AIR TRANSPORT AND GENERAL AVIATION

Article 21. Violations against regulations on establishment of organizations providing and operating air transport and general aviation

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an organization in the following circumstances:

a) An airline fails to carry out procedures for application for approval or registration with competent authorities when there are changes in its business license;

b) A foreign airline’s representative office or booking agency in Vietnam fails to fulfill its obligations as regulated by law;

c) A Vietnamese airline enters into cooperation agreements related to the rights to air transport without obtaining an approval from a competent authority;

d) Foreign airlines operate codeshare flights from and to Vietnam without codeshare flight schedules approved by competent authorities;

dd) A foreign airline’s general booking agency or booking agency in Vietnam fails to adhere to the issued certificate of registration of general booking agency/ booking agency agreement;

e) A foreign airline’s representative office or booking agency in Vietnam fails to maintain the fulfillment of eligibility requirements as regulated.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon an organization in the following circumstances:

a) A freight forwarder fails to adhere to the certificate of registration of house air waybills;

b) A foreign airline’s general booking agency or booking agency operates in Vietnam without the certificate of registration of general booking agency/ booking agency agreement issued by a competent authority.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Carrying out general aviation operations for non-commercial purpose without the Certificate of registration of general aviation operation granted by a competent authority;

b) Acting as a representative for a foreign airline in Vietnam without the certificate of operation registration granted by a competent authority.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an individual for carrying out general aviation operations for commercial purpose without permission or the license granted by a competent authority.

5. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization in the following circumstances:

a) A foreign airline’s representative office or booking agency operates in Vietnam without the license to establish the representative office or booking agency;

b) A freight forwarder fails to obtain a certificate of registration of house air waybills as regulated.

6. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed upon an organization in the following circumstances:

a) It fails to maintain the fulfillment of eligibility requirements to engage in air transport, general aviation or transport of dangerous goods regarding its legal capital or organizational structure;

b) A foreign invested enterprise fails to maintain the fulfillment of eligibility requirements to engage in air transport or general aviation with respect of capital contribution by foreign parties, executives or members of its management.

7. A fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Transporting dangerous goods without the license or certificate of eligibility to transport dangerous goods issued or recognized by a competent authority;

b) Transporting passengers, luggage, cargos, parcels, packages or letters for commercial purpose without permission or license to provide air transport services.

8. Additional penalties:

The certificate of registration of general booking agency/ booking agency agreement, the license to establish the representative office or booking agency, or the certificate of registration of house air waybills shall be suspended for 1 – 3 months if the violation prescribed in Point b, Point dd or Point e Clause 1 or Point a Clause 2 of this Article is committed.

Article 22. Violations against regulations on provision of air transport services and performance of general aviation operations

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an organization in the following circumstances:

a) A Vietnamese airline fails to register its charter for air transport services with a competent authority as regulated;

b) An airline fails to provide statistical data about its air transport services for competent authorities as regulated.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for failure to adhere to regulations on labeling and marking of dangerous goods transported by air.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Failure to provide information or providing false information about dangerous goods to be sent by air;

b) Failure to comply with regulations on packaging of dangerous goods transported by air.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an organization in the following circumstances:

a) An airline fails to fulfill its obligations in case of flight delay or cancellation or refusal to provide transport services;

b) An enterprise offering airline reservation systems fails to comply with computer reservation system rules;

c) An enterprise provides general aviation services for commercial purpose but fails to enter into service contracts with service users;

d) An airline fails to comply with regulations on discounts for senior and disabled travelers;

dd) An airline refuses to transport mobility aids of disabled travelers or gets tips for transporting such mobility aids inconsistently with regulations.

5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an organization in the following circumstances:

a) An airline or aviation service provider fails to adhere to regulations on transportation of dangerous goods by air;

b) An airline allows an individual whose name in on the No Fly List to board an aircraft for travel, unless it is permitted by a competent authority;

c) An airline fails to comply with regulations on air freight rates.

6. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization in the following circumstances:

a) An airline fails to carry the passenger’s checked baggage by the same aircraft as the passenger, unless otherwise permitted by law;

b) An airline performs trade promotion, advertisement or marketing for its flights by using images, trademark, symbols, or brand of another airline;

c) An airline organizes events on board the aircraft which may threaten aviation safety and security without approval from a competent authority;

d) An airline or aviation service provider fails to adhere to regulations on loading and storage of dangerous goods transported by air;

dd) An airline fails to purchase civil liability insurance or implement other measures for protecting passengers, their baggage, cargo, parcels, packages and letters at the prescribed limits of liability.

7. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon an airline for failure to purchase civil liability insurance or failure to implement other measures for protecting passengers, their baggage, cargo, parcels, packages and letters.

8. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed upon an airline for providing air transport services against its rights to air transport, or purchasing, selling or transferring its rights to air transport.

9. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed upon an organization for provision of air transport services without getting the rights to air transport.

10. Remedial measures:

Enforced control of environmental pollution if the violation prescribed in Clause 3, Point a Clause 5 or Point d Clause 6 of this Article is committed.

SECTION 7. VIOLATIONS AGAINST REGULATIONS ON AVIATION SECURITY

Article 23. Violations against regulations on management and use of aviation security control cards

1. A warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed upon an individual for failure to notify the card-issuing authority of his/her loss of aviation security control card.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Using an aviation security control card beyond its scope;

b) Failure to wear the aviation security control card when performing duties in restricted areas of an airport or aerodrome.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for entering restricted areas of an airport or aerodrome, or boarding an aircraft by using the aviation security control card of another person.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for entering the secure area or boarding an aircraft by using identity papers or boarding pass of another person.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for forging an aviation security control card.

Article 24. Violations against regulations on aviation security regarding airports, aerodromes, flights and air traffic management

1. A warning or a fine ranging from VND 100,000 to VND 500,000 shall be imposed upon an individual for taking liquids into the secure area or on an aircraft inconsistently with applicable regulations.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual for failure to follow instructions given by aviation security staff at restricted areas of an airport or aerodrome.

3. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual for threatening officers, public employees, flight crew members, aviation staff and/or passengers at restricted areas of an airport or aerodrome, on board an aircraft or where civil aviation facilities or equipment is located.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Disrupting, inciting or persuading another to cause disruption to security and safety at restricted areas of an airport or aerodrome, or where civil aviation facilities or equipment is located;

b) Eluding the security screening to enter restricted areas or board an aircraft;

c) The pilot in command’s failure to lock the cockpit door throughout the flight as regulated;

d) Breaking orders and disciplines on board the aircraft;

dd) Spreading or providing false information about bombs, mines, explosives, radioactive substances or bio-weapons but not causing influence on normal civil aviation operations;

e) Taking person, luggage, cargo, parcel, package, letter or other object which is not screened by the security into restricted areas in the airport or aerodrome or on an aircraft.

5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Illegally entering restricted areas in the airport or aerodrome or where civil aviation facilities or equipment is located;

b) Attacking officers, public employees, flight crew members, aviation staff and/or passengers at restricted areas of an airport or aerodrome, or where civil aviation facilities or equipment is located;

c) The pilot in command’s grant of permission to take persons or objects into the cockpit inconsistently with applicable regulations;

d) Disrupting, inciting or persuading another to cause disruption to security and order on board an aircraft;

dd) Stealing or appropriating objects, equipment or properties within restricted areas of an airport or aerodrome or on board an aircraft;

e) Taking dangerous articles or substances into restricted areas of an airport or aerodrome or on an aircraft inconsistently with applicable regulations, except the cases prescribed in Point c Clause 6 and Point d Clause 7 of this Article;

g) Failure to comply with regulations on registration and receipt of weapons, combat gears or dangerous articles to be taken into restricted areas;

h) Failure to provide sufficient advance passenger information (API) as regulated;

i) Gambling or allowing another person to organize gambling at the head office or on the vehicle in restricted areas of the airport or aerodrome or on an aircraft.

6. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Illegally boarding an aircraft;

b) Attacking flight crew members or passengers aboard an aircraft;

c) Illegally taking combat gear, explosive, cold weapon, sporting weapon, hunting rifle or a weapon with similar functions into restricted areas of the airport or aerodrome, or on an aircraft.

7. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an individual for committing one of the following violations:

a) Expressing an intention to use bomb, mine, explosive, radioactive substance or bio-weapon at check-in area, secure area, or aerodrome or on board an aircraft;

b) Spreading or providing false information about bombs, mines, explosives, radioactive substances or bio-weapons, causing influences on normal civil aviation operations;

c) 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 the airport or aerodrome or where civil aviation facilities or equipment is located;

d) Illegally taking explosive, military weapon or flammable substance into restricted areas of the airport or aerodrome or on an aircraft.

8. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an individual for spreading or providing false information about 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.

9. Additional penalties:

The aviation staff license or professional certificate shall be suspended for 1 - 3 months if the violation prescribed in Point i Clause 5 of this Article is committed.

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 or appropriated, or an amount of money equivalent to the value of things, equipment or property which has been sold, liquidated, hided or destroyed if the violation prescribed in Point dd Clause 5 of this Article is committed.

Article 25. Violations against regulations on aviation security service providers

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to prepare sufficient documents at security checkpoints as regulated;

b) Failure to keep records and logbook of operation and maintenance of equipment for assuring aviation security as regulated.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual who takes charge of reporting tasks for failure to adhere to regulations on reporting on illegal acts of interference in civil aviation activities.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to keep image of X-ray scanner and camera system for the prescribed period;

b) Transporting the accused, prisoners, expelled persons or extradited persons over the maximum number prescribed by law.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Using security seals without the approval given by a competent authority;

b) Failure to implement the aviation security regulation approved by a competent authority;

c) Using aviation security equipment which fails to meet corresponding standards;

d) Failure to meet aviation security infrastructure requirements;

dd) Using aviation security equipment without the license for equipment operation as regulated.

5. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization for committing one of the following violations:

a) Failure to have the aviation security regulation approved by a competent authority;

b) Failure to implement the aviation security program or the plan for operation of the flying aircraft which is illegally interfered approved by competent authorities;

c) Failure to have a plan for organization of aviation security control forces, or plan for installation, management and operation of aviation security equipment system approved by competent authorities.

6. A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed upon an organization for failure to have an aviation security program or plan for operation of the flying aircraft which is illegally interfered approved by competent authorities.

Chapter 3.

POWER TO IMPOSE ADMINISTRATIVE PENALTIES FOR CIVIL AVIATION OFFENCES AND PENALTY IMPOSITION PROCEDURES

Article 26. The power to impose penalties of inspectors

1. Inspectors and the persons assigned to carry out specialized inspections in civil aviation sector shall have the power to:

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 a, c, and dd Clause 1 Article 28 of the Law on penalties for administrative violations.

2. The Chief Inspector of the Civil Aviation Authority of Vietnam and heads of inspectorates of 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 professional certificates, or suspend operations for fixed period;

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 specified in Clause 1 Article 28 of the Law on penalties for administrative violations.

3. Heads of inspectorates of 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 professional certificates, or suspend operations for fixed period;

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 specified in Clause 1 Article 28 of the Law on penalties for administrative violations.

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;

c) Suspend licenses or professional certificates, or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Clause 1 Article 28 of the Law on penalties for administrative violations.

Article 27. Power to impose penalties of airport authorities

1. Chief representatives of airport 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 airport authorities shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25,000,000;

c) Suspend licenses or professional certificates, or suspend operations for fixed period;

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 specified in Points a, b, c, dd, i, and k Clause 1 Article 28 of the Law on penalties for administrative violations.

Article 28. Power 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 a, b, c, and dd Clause 1 Article 28 of the Law on penalties for administrative violations.

2. Chairpersons of People’s Committees of districts 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 period;

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 specified in Points a, b, c, dd, e, h, i, and k Clause 1 Article 28 of the Law on penalties for administrative violations.

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 period;

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Clause 1 Article 28 of the Law on penalties for administrative violations.

Article 29. 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 transferred 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 30. 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 31. Power to make records of administrative violations

1. The persons below are entitled to make records of civil aviation offences:

a) The persons entitled to impose administrative penalties for civil aviation offences;

b) Officials of the Inspectorate of the Ministry of Transport or the Inspectorate of the Civil Aviation Authority of Vietnam in the performance of their duties to carry out inspections and take actions against violations;

c) Officials and public employees of airport authorities in the performance of their duties at airports and aerodromes;

d) Pilot in commands and flight crew members assigned by pilot in commands to record administrative violations committed aboard a flying aircraft.

2. A pilot in command of a flying aircraft of Vietnamese nationality shall organize recording of administrative violation discovered aboard the flying aircraft or transfer the case to the authority of the airport or aerodrome in Vietnam where the aircraft lands for making record of that violation.

In case the pilot in command transfers the case of administrative violation discovered aboard the flying aircraft to the airport authority, his/her airline's representative shall cooperate and assist the airport authority in recording of that violation.

3. When transferring the case of administrative violation to the airport authority, the pilot in command must also transfer the violating entity and the following documents/evidences:

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;

c) The list of passengers who may witness the case, in which their seats must be specified;

d) The exhibits and instrumentalities of the violation (if any).

Article 32. Collection and transfer of fines

1. Fines for civil aviation offences shall be collected and transferred to relevant authorities in accordance with the Law on penalties for administrative violations, the Government's Decree No. 81/2013/ND-CP dated July 19, 2013 and other legislative documents on penalties for administrative violations.

2. Violating entities may pay fines to either the airport authority or its representative after having completed procedures for issuance of boarding pass.

Chapter 4.

IMPLEMENTATION

Article 33. Effect

This Decree comes into force from December 15, 2013, and supersedes the Government’s Decree No. 60/2010/ND-CP dated June 03, 2010.

Article 34. Implementation organization

1. The Minister of Transport shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of the Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall be responsible for the implementation of this Decree./.

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