Decree No. 01/2001/NĐ-CP On Administrative Sanctions for Violations in the Civil Aviation Sector

DECREE

On administrative penalties for violations in the civil aviation sector

__________________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Civil Aviation Law of Vietnam dated December 26, 1991 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated April 20, 1995;

Pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995;

At the proposal of the Director of the Civil Aviation Administration of Vietnam,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. Administrative violations in the civil aviation sector are unintentional or intentional acts by organizations or individuals that violate regulations on civil aviation but have not reached the level of criminal prosecution.

2. Administrative violations in the civil aviation sector as prescribed in this Decree include:

a) Violations in flight operations;

b) Violations in air traffic management;

c) Violations in air transportation activities;

d) Violations of regulations on sale of transport services, fares, and reservation services;

đ) Violations in airport operation activities.

Article 2. Applicability

1. All organizations and individuals committing administrative violations in the civil aviation sector on the territory of Vietnam and airspace under Vietnam's jurisdiction shall be subject to penalties as prescribed in this Decree.

2. Foreign organizations and individuals committing administrative violations in the civil aviation sector shall be subject to penalties as prescribed in this Decree, except where international treaties to which Vietnam is a party provide otherwise.

3. Minors committing administrative violations in the civil aviation sector shall be subject to penalties as prescribed in point a, Clause 1, Article 5 and Article 6 of the Administrative Violation Handling Ordinance.

Article 3. Principles of Penalty Imposition

1. The imposition of administrative penalties for violations in the civil aviation sector must comply with the provisions of the Administrative Violation Handling Ordinance and specific provisions of this Decree.

2. The imposition of administrative penalties for violations in the civil aviation sector must be carried out by persons authorized under Articles 13, 14, and 15 of this Decree.

3. All administrative violations in the civil aviation sector must be immediately halted. Penalties must be promptly and fairly imposed; all consequences caused by administrative violations must be urgently remedied in accordance with the law.

Organizations and individuals committing administrative violations in the civil aviation sector causing material damage must compensate according to the law. Compensation for damages caused by administrative violations is conducted through agreement between the parties. For damages up to VND 1,000,000 that the parties cannot agree upon, the person authorized to impose penalties will decide the compensation amount; damages exceeding VND 1,000,000 are resolved through civil litigation procedures.

4. A single act of administrative violation shall only be penalized once. An individual who commits multiple acts of administrative violation shall be penalized for each violation. Multiple individuals jointly committing a single act of administrative violation shall each be penalized.

5. The imposition of administrative penalties for violations in the civil aviation sector must be based on the nature, degree of violation, personal circumstances, and mitigating or aggravating circumstances to determine appropriate forms, measures, and penalty levels. Mitigating and aggravating circumstances are defined by current laws and Articles 7 and 8 of the Administrative Violation Handling Ordinance.

6. Administrative penalties shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or when an individual commits a violation while suffering from mental illness or other diseases that impair their ability to understand and control their actions.

7. It is strictly prohibited to retain cases with signs of criminal offenses for administrative penalties.

Article 4. Forms of Administrative Sanction

1. For each administrative violation in the civil aviation sector, the violator organization or individual must bear one of the following main forms of penalty:

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, organizations and individuals committing administrative violations in the civil aviation sector may also be subject to one or more supplementary forms of penalty as follows:

a) Revocation of license usage rights;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main and supplementary penalties prescribed in Clauses 1 and 2 of this Article, organizations and individuals committing administrative violations in the civil aviation sector may also be subject to one or more of the following measures:

a) Compelled restoration to the original state prior to the change caused by the administrative violation or compelled removal of unauthorized construction works;

b) Compelled remediation of environmental pollution and disease spread caused by the administrative violation;

c) Compelled compensation for damages caused by the administrative violation up to VND 1,000,000;

d) Compelled destruction of harmful health products and toxic cultural products.

4. The forms of main penalties, supplementary penalties, and measures for handling each administrative violation in the civil aviation sector are specifically prescribed in Chapter II of this Decree.

5. When imposing fines, the fine amount must correspond to the nature and degree of the violation; if the violation has mitigating circumstances, the fine amount may be reduced below the minimum limit of the fine range, but not below the minimum limit; if the violation has aggravating circumstances, the fine amount may be increased above the minimum limit, but not beyond the maximum limit of the fine range.

Article 5. Statute of limitations for penalties

1. The statute of limitations for administrative penalties for violations in the civil aviation sector is one year from the date of the violation, except as provided in Clauses 2 and 3 of this Article.

2. The statute of limitations for penalties is two years from the date of the violation for violations related to airfare, aviation fees, construction, installation of facilities and equipment serving civil aviation activities.

3. For individuals who are indicted, prosecuted, or have a case decided to be brought to trial under criminal proceedings, if there is a decision to terminate the investigation or close the case, they shall be subject to administrative penalties if there are signs of administrative violations. The statute of limitations in this case is three months from the date of the termination decision.

4. If the time limit specified in Clauses 1, 2, and 3 of this Article has expired, no penalties shall be imposed, but the following measures may be applied:

a) Compelled restoration to the original state prior to the change caused by the administrative violation or compelled removal of unauthorized construction works;

b) Compelled remediation of environmental pollution and disease spread caused by the administrative violation;

c) Compelled destruction of harmful health products and toxic cultural products.

5. Within the time limit prescribed in Clauses 1, 2, and 3 of this Article, if an individual or organization commits a new administrative violation or intentionally evades or obstructs the imposition of punishment, the statute of limitations for punishment shall be calculated from the date of committing the new administrative violation or from the date of evasion or obstruction of the punishment.

Article 6. Time considered as not having been penalized

An organization or individual subject to administrative punishment in the field of civil aviation, if they have not committed a repeat offense more than one year from the date of completion of the execution of the administrative punishment decision or from the date when the effectiveness of the administrative punishment decision expires, shall be deemed as not having been administratively punished.

Chapter II

VIOLATIONS, FORMS, AND AMOUNTS OF PENALTIES

Article 7. Violations in air operation activities

1. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Putting into use an aircraft, engine, or equipment of the aircraft that requires a permit without a permit from the competent state agency or violating the provisions of the issued permit;

b) Damaging the aircraft or its equipment.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) Conducting a flight over the territory of Vietnam without a complete crew in compliance with the laws of the country of registration of the aircraft;

b) The aircraft does not display nationality marks and registration marks while flying over the territory of Vietnam;

c) Not having a valid certificate of airworthiness in compliance with the regulations of the country of registration of the aircraft and in accordance with recognized standards by Vietnam;

d) Violating the regulations on installation or use of radio equipment on the aircraft or ground-based radio equipment for communication with the aircraft within the territory of Vietnam;

đ) Providing maintenance, repair services, or conducting tests on the aircraft, engines, and equipment without permission from the competent state agency or violating the provisions of the issued permit.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Violating the rules for preparing flights, handling flight procedures, and planning flights;

b) Dropping objects or devices into the airspace causing flight safety hazards;

c) Violating the regulations on ensuring the center of gravity and weight of the aircraft;

d) Violating the regulations on carrying licenses, certificates, documents, and materials when operating the aircraft and aviation equipment;

đ) Violating the regulations of licenses, certificates, or failing to comply with requirements for documents and materials when operating the aircraft and equipment;

e) Failing to promptly report serious technical accidents or incidents involving the aircraft and aviation equipment;

g) Violating the procedures for checking aviation safety and security.

4. A fine of VND 500,000 to VND 2,000,000 shall be imposed on any of the following acts:

a) Disrupting order and discipline on board the aircraft and not complying with the orders of the aircraft commander during flight;

b) Failing to promptly notify local authorities, search and rescue organizations, or the nearest aviation organization about an aircraft accident;

c) Failing to fulfill the duty to assist in search and rescue operations for people, protect the aircraft and property on board in case of an accident.

5. A warning or a fine of VND 200,000 to VND 1,000,000 shall be imposed on the act of obstructing or failing to comply with the requirements of the competent state agency for inspecting air operation activities.

6. Additional forms of punishment:

a) Revoking the right to use permits, licenses, and certificates for up to three months for violations stipulated in Point a Clause 1, Points d and đ Clause 3 of this Article;

b) Revoking the right to use permits for up to six months for violations stipulated in Point đ Clause 2 of this Article.

7. Compel the violator to remedy the consequences of the violation stipulated in Point b Clause 1 of this Article.

Article 8. Violations in air traffic management activities

1. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Conducting a flight without a permit from the competent state agency;

b) Changing the flight route or mode of flight without permission from the competent state agency, except in cases of force majeure;

c) Flying into prohibited areas, restricted areas, or dangerous areas without permission from the competent authority;

d) Providing false information or engaging in fraudulent behavior when applying for flight permission;

đ) Violating the conditions specified in the issued flight permit.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) Conducting international flights taking off or landing at domestic airports without permission from the competent state agency;

b) Failing to notify the issuing authority of the cancellation of a permitted flight;

c) Landing at places not specified in the flight permit, except in cases of forced landing;

d) Conducting demonstration or training flights over densely populated areas without permission from the competent state agency.

3. Imposing a fine of VND 5,000,000 to VND 10,000,000 for one of the following acts:

a) Flying along routes not specified in the airway;

b) Violating flight practices;

c) Failing to comply with cross-border flight rules;

d) Failing to comply with air traffic control instructions without justifiable reasons;

đ) Failing to promptly notify the air traffic control authority when not executing flight tasks, plans, or instructions from the air traffic control authority;

e) Interfering with air traffic control operations without authorization from the competent authority.

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Engaging in air traffic management activities (air navigation, information, guidance, surveillance, airport emergency, search and rescue, aviation meteorology) without a valid license or certificate issued by the competent authority;

b) Operating specialized equipment or means in the field of air traffic management without obtaining an operational permit as required;

c) Violating the operational, maintenance, calibration standards of specialized equipment in the field of air traffic management;

d) Violating aviation clearance standards;

đ) Using or operating overlapping frequencies reserved for civil aviation activities without permission from the competent state agency.

5. A warning or a fine of VND 500,000 to VND 2,000,000 shall be imposed on any of the following acts:

a) Failing to promptly report to the appropriate air traffic control authority or failing to follow the instructions of the air traffic control authority upon discovering persons, means of transport, or other property in distress outside the aircraft.

b) Taking photographs or filming from the air, using electronic devices or personal radio communication equipment on board an aircraft without the permission of the competent state agency.

6. Warning or imposing a fine of from 200,000 VND to 1,000,000 VND for acts of obstructing or failing to comply with the requirements of the competent state agency for inspecting aviation management activities.

7. Additional forms of administrative sanction:

Revoking the right to use the license for up to three months for violations stipulated in point b, clause 2 of this Article.

8. Ordering the implementation of measures to remedy consequences and compensate for damages for violations stipulated in points b, đ of clause 4 of this Article.

Article 9. Violations in air cargo transportation activities

1. Imposing a fine of from 50,000,000 VND to 100,000,000 VND for one of the following acts:

a) Transporting dangerous goods such as firearms, ammunition, explosives, flammable substances by aircraft without the permission of the competent state agency;

b) Transporting passengers, goods, mail items, parcels without the permission of the competent state agency or violating the provisions of the issued permit.

2. Imposing a fine of from 1,000,000 VND to 5,000,000 VND for violations of regulations on transporting dangerous goods by aircraft.

3. Warning or imposing a fine of from 500,000 VND to 2,000,000 VND for the act of bringing persons, baggage, goods, mail items, parcels, and other objects onto an aircraft not in accordance with prescribed procedures.

4. Warning or imposing a fine of from 200,000 VND to 1,000,000 VND for acts of obstructing or failing to comply with the requirements of the competent state agency for inspecting air cargo transportation activities.

5. Additional forms of punishment:

a) Revoking the right to use the license for up to six months for violations stipulated in point b, clause 1 of this Article;

b) Revoking the right to use the license indefinitely for violations stipulated in clause 2 of this Article.

Article 10. Violations of regulations on air transport sales, fares, and reservation services

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Engaging in air transport sales activities in Vietnam without permission or registration with the competent state agencies or violating the provisions of the issued permit;

b) Issuing secondary air waybills without permission or registration with the competent state agencies or violating the provisions of the issued permit;

c) Violating the provisions on applying air transport fares;

d) Operating a computerized reservation system in Vietnam without permission from the competent state agency or violating the provisions of the issued permit;

đ) Operating a proprietary seat management system in Vietnam without registering with the competent state agency or using the proprietary seat management system for distributing services of computerized reservation system operators in Vietnam.

2. Imposing a fine of from 2,000,000 VND to 10,000,000 VND for one of the following acts:

a) Changing the location of the ticket office without permission from the competent state agency;

b) Failing to implement the reporting regime for air transport sales activities in Vietnam as prescribed;

c) Failing to fulfill obligations under the provisions on distribution of air transport products in Vietnam when operating a computerized reservation system and using computerized reservation services;

d) Performing functions on behalf of foreign airlines in Vietnam without permission or registration with the competent state agency or violating the provisions of the issued permit.

3. Warning or imposing a fine of from 200,000 VND to 1,000,000 VND for acts of obstructing or failing to comply with the requirements of the competent state agency for inspecting air transport sales, fares, and reservation services.

4. Additional forms of administrative punishment:

a) Revoking the right to use the license for up to six months for violations stipulated in point a, b, d, clause 1 and point d, clause 2 of this Article.

b) Confiscating the objects, means used to commit the violation for violations stipulated in point đ, clause 1 of this Article.

5. Ordering compensation for damage for violations stipulated in point c, clause 1 of this Article.

Article 11. Violations in airport operation activities

1. Imposing a fine of from 20,000,000 VND to 50,000,000 VND for one of the following acts:

a) Establishing, expanding, renovating airports without a permit from the competent state agency or violating the provisions of the issued permit;

b) Opening airports for international air traffic without a permit from the competent state agency or violating the provisions of the issued permit.

2. Imposing a fine of from 5,000,000 VND to 20,000,000 VND for one of the following acts:

a) Damaging the signaling system, equipment, communication stations, control towers, and other equipment within the airport area;

b) Controlling, putting into operation ground vehicles in the airport area that do not meet technical conditions;

c) Constructing architectural works, installing equipment, planting trees in areas adjacent to airports without permission from the competent state management agency or limiting airport clearance height affecting the operation and safety of the airport.

3. Impose a fine ranging from VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Damaging equipment at the airport;

b) Bringing weapons, flammable materials, explosives, dangerous objects, and other hazardous materials into restricted areas of the airport without permission from the competent state agency;

c) Bringing persons, baggage, goods, mail items, parcels, and other objects not processed for air transport and security checks into restricted areas of the airport;

d) Destroying, damaging, altering, moving marking objects, barriers, signal markers, protective objects at the airport.

4. Warning or imposing a fine of from 500,000 VND to 2,000,000 VND for one of the following acts:

a) Damaging property, equipment at the airport parking lot area.

b) Operating a vehicle without a license, certificate, or permission from the competent state agency, or violating the provisions of the issued permit for activities in airport areas (traveling outside designated lanes/routes, exceeding prescribed speed limits, or parking in unauthorized locations);

c) Not purchasing fees when operating within the parking area of the airport;

d) Renting, lending, or forging permits to enter the parking area of the airport;

đ) Causing disorder and safety issues for activities in the parking area of the airport;

e) Placing objects that attract birds to gather in the airport area;

g) Hanging advertisements, posting posters, or promoting materials in the airport area without authorization from the competent state agency or in violation of the conditions set forth in the issued permit;

h) Conducting business or service activities in the airport area without authorization from the competent state agency or in violation of the conditions set forth in the issued permit;

i) Violating regulations concerning the use of identification cards, security control cards, and activity permits at the airport;

k) Violating rules regarding the placement of lighting signals and identification signs for buildings and structures near the airport;

l) Placing signs or equipment similar to those used to identify airports within the airport area;

m) Placing flammable or explosive items within the airport area.

5. A warning or a fine ranging from VND 200,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Entering restricted areas without authorization;

b) Damaging airport identification signs;

c) Grazing cattle, livestock in the runway, taxiway, aircraft parking apron, and safety strip of the takeoff and landing area;

d) Obstructing or failing to comply with requests from the competent state agency for inspection of airport operations.

6. Additional forms of punishment:

a) Revoking the permit for up to six months for violations stipulated in Clause 1 of this Article.

b) Revoking the permit indefinitely for violations stipulated in Points b, d, g, h, and i of Clause 4 of this Article.

7. Compelling the rectification of consequences or dismantling of unauthorized constructions and compensating for damages if applicable for violations stipulated in Points a and c of Clause 2, Points a and d of Clause 3, Points a, e, g, k, l, and m of Clause 4, and Point b of Clause 5 of this Article.

Article 12. Applying other relevant legal documents on administrative penalties

1) Acts violating public order in the airport area shall be penalized according to the provisions of Point c Clause 1 Article 5, Point b Clause 2 Article 16, and Point b Clause 1 Article 17 of Decree No. 49/CP dated August 15, 1996 of the Government on administrative penalties in the field of public order and security.

2) Acts causing unsanitary conditions or affecting the environment in the airport area shall be penalized according to the corresponding provisions of Decree No. 26/CP dated April 26, 1996 of the Government on administrative penalties for environmental protection and Decree No. 46/CP dated August 6, 1996 of the Government on administrative penalties in the field of health administration.

Chapter III

AUTHORITY TO IMPOSE PENALTIES

Article 13. Administrative penalty authority of local people's committees

The Chairperson of the People's Committee at all levels has the authority to impose penalties according to Articles 26, 27, and 28 of the Ordinance on Handling Administrative Violations in fields under local state management related to civil aviation activities.

Article 14. Administrative penalty authority of the Civil Aviation Inspection Agency.

1. The Director of the Civil Aviation Inspection Agency has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Revoke the right to use licenses within their authority;

d) To apply supplementary penalties and other measures provided for in Clause 2 and Clause 3 of Article 11 of the Ordinance on Handling Administrative Violations.

2. Civil Aviation Inspectors performing their duties have the authority:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) Seize property and means used for violation up to a value of VND 500,000;

d) To apply measures provided for in Points a, b, and d of Clause 3 of Article 11 of the Ordinance on Handling Administrative Violations.

Article 15. Administrative penalty authority of the Police, Customs, and Tax Authorities

Within the scope of their functions, tasks, and powers, authorized personnel of the Police, Customs, and Tax Authorities may impose penalties for administrative violations in the field of civil aviation according to Articles 29, 30, and 32 of the Ordinance on Handling Administrative Violations and other relevant legal documents.

Article 16. Principles for determining administrative penalty authority

1. Specialized inspection agencies have the authority to impose penalties for administrative violations in the field of civil aviation under their jurisdiction.

2. In cases where administrative violations in the field of civil aviation fall under the jurisdiction of multiple agencies, the agency that first receives the case shall handle the penalty.

Chapter IV

PROCEDURES FOR IMPOSING PENALTIES

Article 17. Procedures for imposing primary penalties

1. When discovering administrative violations in the field of civil aviation, the authorized person imposing penalties must immediately issue an order to stop the violation.

2. In cases where the administrative penalty is a warning, the authorized person imposing penalties must issue a decision on the spot according to the simplified procedure stipulated in Article 46 of the Ordinance on Handling Administrative Violations.

3. In cases where the administrative penalty is a fine, the authorized person imposing penalties must promptly prepare an administrative violation report according to Article 47 of the Ordinance on Handling Administrative Violations. If the person preparing the report does not have the authority to impose penalties, they must promptly submit the report and related documents to the competent authority to issue a penalty decision.

Within fifteen days from the date of the administrative violation report, the authorized person must issue a penalty decision according to Article 48 of the Ordinance on Handling Administrative Violations. If there are complex circumstances, the time limit may be extended but not exceed thirty days.

4. The penalty decision becomes effective from the date of signature or the date recorded in the decision but not later than fifteen days from the date of signature.

The decision on administrative penalty must be sent to the organization or individual subject to the penalty and the place collecting the fine within three days from the date of issuing the penalty decision. Penalty decisions imposing fines of VND 2,000,000 or more must also be sent to the People's Procuracy at the same level.

5. Organizations and individuals subject to fines must pay the fines at the location specified in the penalty decision and receive a receipt for the payment of the fine. The Ministry of Finance shall take the lead and coordinate with the Civil Aviation Administration of Vietnam to stipulate the collection and use of fines for administrative violations in the civil aviation sector.

6. It is strictly prohibited for the person directly imposing penalties to collect fines.

Article 18. Procedure for Revoking the Right to Use Licenses

1. The procedure for revoking licenses related to civil aviation activities shall comply with the provisions of Article 50 of the Administrative Violation Handling Ordinance.

a) The authorized authority imposing penalties shall apply the form of revoking the license when an organization or individual intentionally continues the violation without stopping it or has a high likelihood of continuing the violation after receiving a decision to stop the violation.

b) The authorized authority imposing penalties deciding to apply the form of revoking the license must clearly state in the penalty decision the name, type, number of the license, and the period of revocation of the license, and at the same time must issue a written notice to the agency that issued the license, specifying the reasons and the period of the license being revoked.

c) In cases where the type of license or the period of revoking the license exceeds their authority to decide, the authorized authority imposing penalties must issue a decision to stop the violation and request a higher-level authority with the power to impose penalties or the agency that issued the license to issue a decision to revoke or recover the license.

2. The authorized authority imposing penalties decides to apply the form of temporarily revoking the license when it is assessed that the organization or individual committing the violation may implement measures to mitigate the consequences caused by the violation, stop the violation, and eliminate the causes and conditions for continued violation within a certain period.

a) The period of revoking the license applied must fall within the period prescribed for the relevant violation and correspond to the necessary time for the organization or individual committing the violation to mitigate the consequences of the violation, fulfill all requirements stipulated in the penalty decision, and eliminate the causes and conditions for continued violation.

b) Upon completion of the period stated in the penalty decision, the authority that issued the decision to revoke the license must return the license to the organization or individual using the license.

3. The authorized authority imposing penalties decides to apply the form of permanently revoking the license or recommends the agency that issued the license to recover the license in cases of large-scale or repeated violations.

4. If a license is found to have been issued beyond authority, not in accordance with the prescribed procedures, or containing content contrary to the law, the authorized authority imposing penalties must immediately recover the license and promptly notify the agency that issued the license and other relevant authorities.

Article 19. Procedure for confiscating and handling objects and means used to commit administrative violations

1. The procedure for confiscating objects and means used to commit administrative violations in the civil aviation sector must comply with the provisions of Article 51 of the Administrative Violation Handling Ordinance.

2. Decisions to confiscate objects and means of administrative violations valued at VND 5,000,000 or more must be immediately sent to the People's Procuracy at the same level.

3. The handling of objects and means used to commit administrative violations in the civil aviation sector must comply with the provisions of Article 52 of the Administrative Violation Handling Ordinance.

Article 20. Enforcement of penalty decisions

1. Organizations and individuals subject to administrative penalties in the civil aviation sector must enforce the penalty decision within five days from the date they receive the penalty decision, except in cases where the law provides otherwise and is clearly stated in the penalty decision. Beyond this period, if organizations or individuals subject to penalties do not voluntarily comply, the authorized authority imposing penalties has the right to apply coercive enforcement measures.

2. The organization of coercive enforcement and the application of coercive enforcement measures for penalty decisions must comply with the provisions of Article 21 of this Decree and other relevant laws.

Article 21. Coercive enforcement of penalty decisions

1. Coercive enforcement of administrative penalty decisions in the civil aviation sector shall be carried out through the following measures:

a) Deducting part of the salary or income; deducting money from bank accounts;

b) Seize assets of equivalent value to the fine amount for auction;

c) Other enforcement measures to enforce the administrative penalty decision.

2. The authorized authority imposing penalties has the right to issue a coercive enforcement decision and is responsible for organizing the enforcement.

3. Police forces are responsible for enforcing the coercive enforcement decisions of the municipal people's committees and must cooperate with the agencies authorized to impose administrative penalties under this Decree to organize the enforcement of coercive enforcement decisions of those agencies when requested.

4. Individuals and organizations subject to coercive enforcement must bear all costs associated with organizing the implementation of coercive measures.

Article 22. Time limit for enforcing penalty decisions

An administrative penalty decision in the civil aviation sector becomes void after one year from the date of issuance; in cases where individuals or organizations subject to penalties intentionally evade or delay, the statute of limitations provided herein does not apply.

Chapter V

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 23. Complaints, accusations, and resolution of complaints and accusations

1. Organizations and individuals subject to administrative penalties in the civil aviation sector or their legitimate representatives have the right to appeal against the administrative penalty decision of the authority that issued the decision.

a) The procedure for appealing and resolving appeals regarding administrative penalty decisions in the civil aviation sector must comply with the provisions of the law on appeals and complaints.

b) During the period awaiting the result of the competent authority's resolution of the complaint, organizations and individuals subject to administrative penalties in the civil aviation sector must still comply with the penalty decision, except in cases where demolition of construction works is ordered;

c) In case of disagreement with the resolution of the complaint, organizations and individuals subject to administrative penalties in the civil aviation sector may bring an administrative lawsuit before the administrative court in accordance with the provisions of the law;

2. Citizens have the right to report to state agencies with jurisdiction any acts of administrative violations in the civil aviation sector committed by other organizations and individuals in accordance with the provisions of the law on complaints and reports;

3. Citizens have the right to report to state agencies with jurisdiction any acts contrary to the law committed by persons authorized to impose administrative penalties in the civil aviation sector;

The handling of citizens' reports shall be carried out in accordance with the provisions of the law on complaints and reports;

Article 24. Handling Violations

1. Persons authorized to impose administrative penalties in the civil aviation sector who harass, tolerate, shield, fail to impose penalties, or impose penalties untimely, improperly, or beyond their jurisdiction as prescribed shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, they must compensate according to the provisions of the law;

2. Persons subject to administrative violations in the civil aviation sector who obstruct, resist public officials in the performance of their duties, delay, evade the implementation of penalty decisions, or commit other violations shall be subject to administrative sanctions or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, they must compensate according to the provisions of the law;

Chapter VI

IMPLEMENTING PROVISIONS

Article 25. EFFECTIVE DATE

1. This Decree shall take effect fifteen days from the date of signature. Previous regulations on administrative penalties in the civil aviation sector that conflict with this Decree shall be abolished;

2. Based on Clause 2 of Article 108 of the Civil Aviation Law of Vietnam dated December 26, 1991, and the Law Amending Certain Provisions of the Civil Aviation Law of Vietnam dated April 20, 1995, the levels of fines for administrative violations in the civil aviation sector shall be adjusted and applied in accordance with this Decree;

Article 26. Responsibility for implementation

1. The Director of the Civil Aviation Administration of Vietnam shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.