Decree No. 147/2013/ND-CP On Administrative Sanctions for Violations in the Civil Aviation Sector

DECREE

Von administrative penalties for violations in the civil aviation sector

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: approved by the Government on December 25, 2001;

Pursuant to the Law Hof Vietnam dated June 29, 2006;

Pursuant to the Law Xđổ reason administrative offenses- Government;October 6 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;12;

At the proposal of the Minister of Transport,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hovernment issued the Decree on administrative penalties for violations"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."n the civil aviation sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations; forms, levels of fines, and measures to remedy consequences for each act of administrative violation; authority to record violations, authority to impose penalties, specific fine amounts according to each position for acts of administrative violations in the civil aviation sector.

2. Acts of administrative violations in other sectors managed by the state that relate to the civil aviation sector but not specified in this Decree shall be subject to the provisions of other Decrees on administrative penalties in those sectors.

Article 2. Subjects of administrative penalties in the civil aviation sector

Individuals and organizations of Vietnam and foreign individuals and organizations committing administrative violations in the civil aviation sector within the territory of Vietnam, on aircraft registered under Vietnamese nationality, or in airspaces managed by Vietnam.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

1. For acts of administrative violations occurring in the civil aviation sector that are defined both in this Decree and in other Decrees on administrative penalties, the provisions of this Decree shall apply.

2. The level of fines prescribed for acts of violation stipulated in Chapter II of this Decree applies to individuals. The level of fines for organizations is twice the level of fines for individuals.

3. The authority to impose administrative penalties stipulated in Chapter III of this Decree applies to individuals. In cases involving fines, the authority to impose penalties for organizations is twice the authority to impose penalties for individuals.

Article 4. Forms of Administrative Sanctions and Measures to Mitigate Consequences

1. For each act of administrative violation in the civil aviation sector, organizations and individuals must bear one of the following main forms of penalty: warning or fine or revocation of the right to use licenses, professional certificates from four months to twenty-four months.

2. Depending on the nature and degree of violation, organizations and individuals committing violations may also be subject to one or more of the following supplementary forms of penalty:

a) Revocation of the right to use from one to three months for: Air service supply license; air staff license; air staff professional certificate; training institution certification for air staff; English proficiency assessment center certification; air staff health examination center certification; designated general agency, ticket sales agency contract registration certification; representative office opening license, ticket sales office opening license; secondary air cargo waybill registration certification; hazardous waste transportation and management license;

b) Suspension of activities from one to three months for: Health examination for air staff by health examiners; English proficiency testing for air staff.

3. In addition to the main form of penalty and supplementary penalties, individuals and organizations violating administrative regulations may also be subject to one or more of the following remedial measures:

a) Compel removal of the violation factor on the aircraft;

b) Compel re-exportation of aircraft imported into Vietnam;

c) Compel restoration to the original condition;

d) Compel demolition of construction works or parts thereof without a permit or constructed contrary to the permit;

đ) Compel implementation of measures to address environmental pollution or disease spread;

e) Compel return of stolen or appropriated items or equipment or property, or repayment of an equivalent amount of money in case the items or equipment or property have been consumed, dispersed, or destroyed.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1

VIOLATIONS OF AIRCRAFT REGULATIONS

Article 5. Violation of provisions on aircraft nationality marks

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on individuals committing any of the following acts:

a) Operating an aircraft with nationality marks or registration marks attached or painted on the aircraft not in accordance with regulations;

b) Operating an aircraft with marks painted or attached on the aircraft containing content or form that causes confusion with registration marks for nationality or aircraft registration marks.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on individuals operating an aircraft without painting or attaching nationality marks or registration marks.

3. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on individuals operating an aircraft without a certificate of nationality registration.

4. Measures to remedy consequences:

The violative elements on the aircraft shall be ordered to be removed for violations stipulated in Clause 1 of this Article.

Article 6. Violation of provisions on airworthiness standards

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on individuals using radio equipment on an aircraft not in accordance with the usage permit issued.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on individuals committing any of the following acts:

a) Producing in Vietnam or importing into Vietnam aircraft, engines, propellers of aircraft without or not in compliance with the type certificate issued or recognized by the competent authority;

b) Installing radio equipment on an aircraft in operation without a usage permit for radio equipment;

c) Using aircraft, engines, propellers, aircraft parts not in accordance with their intended purpose.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on individuals committing any of the following acts:

a) Operating an aircraft without an airworthiness certificate;

b) Altering the approved configuration of the aircraft; failing to implement technical and operational instructions recognized and issued by the competent authority; failing to perform maintenance work on the aircraft according to the approved maintenance schedule; failing to repair or rectify aircraft malfunctions in accordance with approved maintenance standards and documentation; failing to maintain other standards and conditions of the aircraft in accordance with the approved configuration.

4. Measures to remedy consequences:

The aircraft imported into Vietnam shall be ordered to be re-exported for violations stipulated in Point a Clause 2 of this Article.

Article 7. Violation of provisions on aircraft maintenance and repair

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on organizations committing any of the following acts:

a) Failing to maintain the organizational structure, workshops, and other conditions specified in the maintenance organization approval documentation approved by the competent state authority;

b) Failing to maintain the tools, spare parts, procedures, and other conditions specified in the maintenance guidance documentation approved by the competent state authority;

c) Failing to maintain ground equipment and facilities for aircraft maintenance as specified in the maintenance equipment documentation approved by the competent state authority;

d) Failing to have sufficient maintenance, repair documentation for aircraft, engines, propellers, and aircraft equipment as required.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on individuals committing any of the following acts:

a) Failing to maintain aircraft, engines, propellers, equipment, and facilities of the aircraft according to the approved maintenance schedule;

b) Maintaining aircraft, engines, propellers, equipment, and facilities of the aircraft at unapproved maintenance facilities.

3. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on organizations failing to inspect and calibrate maintenance and repair equipment as prescribed or conducting such inspections and calibrations at unauthorized facilities.

Article 8. Violation of aircraft operation regulations

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on individuals committing the following acts:

a) Failing to comply with instructions regarding air traffic order, security, safety, and disease prevention provided by the flight crew members;

b) Illegally using equipment and safety devices on the aircraft.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on individuals committing the following acts:

a) Smoking, including electronic cigarettes, on the aircraft;

b) Using electronic devices and radio transmitters on the aircraft without permission;

c) Damaging equipment and devices on the aircraft.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on individuals committing the following acts:

a) Opening the aircraft emergency exit in violation of regulations;

b) The aircraft commander failing to ensure that the aircraft carries sufficient documentation as required;

c) Purchasing civil liability insurance or implementing other security measures for third parties on the ground below the prescribed limit.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on individuals committing the following acts:

a) Operating the aircraft with equipment and devices not having the appropriate certification;

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

c) Operating the aircraft lacking required safety equipment;

d) Failing to carry sufficient documentation as required;

đ) Failing to maintain the implementation of the safety management system according to the approved documentation.

5. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on organizations committing the following acts:

a) Failing to maintain the operational conditions regarding organizational structure, equipment, monitoring of aircraft operations as required; failing to maintain the prescribed training programs and aircraft maintenance programs;

b) Failing to have sufficient operational guidance documentation as required;

c) Failing to establish a safety management system as required.

6. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on individuals operating aircraft for commercial purposes without authorization.

Section 2

VIOLATIONS OF AIRPORT AND AIRFIELD REGULATIONS

Article 9. Violations of airport and airfield management and operation regulations

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on individuals committing the following acts:

a) Raising, releasing birds, livestock, poultry, or pets within airports or airfields;

b) Placing or using unauthorized objects, animals, or insects to attract birds and animals into airports or airfields.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals committing the following acts:

a) Destroying, damaging, altering, moving marking objects, barriers, signal objects, protective objects at airports or airfields; Misrepresenting signs, damaging signage and identification equipment at airports or airfields;

b) Illegally drilling or excavating within airports or airfields;

c) Failing to report accidents or incidents in accordance with regulations.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on individuals committing the following acts:

a) Constructing, renovating, upgrading, repairing facilities or installing equipment at airports or airfields without notification or approval from the competent authority;

b) Releasing equipment, items, or other objects within airports or airfields;

c) Violating regulations concerning security and safety during construction, renovation, upgrading, repair of facilities, or installation of equipment at airports or airfields and adjacent areas;

d) Installing or using lights, signs, signals, or objects affecting aircraft takeoff and landing at airports or airfields or identification of airports or airfields;

đ) Constructing or installing technical facilities and equipment at airports or airfields or adjacent areas in violation of aviation obstacle height management regulations;

e) Intentionally concealing accidents or incidents at airports or airfields.

4. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on individuals committing the following acts:

a) Using land at airports or airfields for purposes other than those intended;

b) Transferring, assigning, giving, leasing, mortgaging, guaranteeing, or contributing capital through land use rights at airports or airfields;

c) Selling, leasing, mortgaging, guaranteeing, or contributing capital through assets owned and attached to leased land at airports or airfields without approval from the competent state authority;

d) Failing to install or inadequately installing warning lights, signs, directional signs, prohibitory signs in the runway area and other locations at airports or airfields;

đ) Failing to establish or inadequately establishing or incorrectly establishing runway marking lines, directional lines, warning lines according to regulations;

e) Putting facilities into operation or ceasing their operation at airports or airfields without completing the required procedures;

g) Constructing facility components at airports or airfields inconsistent with approved planning;

h) Failing to have or inadequately having operational documentation for airports or airfields; safety management system documentation when operating airports or airfields;

i) Failing to have or inadequately having operational plans and aircraft parking layout diagrams; emergency plans for airports or airfields approved by the competent authority;

k) Failing to implement or improperly implementing the schedule for upgrading or improving airports or airfields to ensure accessibility for elderly people and persons with disabilities;

5. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on airport and airfield enterprises failing to maintain adequate operational conditions for airports or airfields regarding organizational structure; technical standards of airports or airfields; equipment, and other factors according to approved airport or airfield operational documentation.

6. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on individuals committing the following acts:

a) Operating airports or airfields without an airport or airfield operation certificate;

b) Constructing airports or airfields inconsistent with approved planning.

7. Measures to remedy consequences:

a) Order to restore the initial state with respect to violations stipulated in Points a and b Clause 1 and Point b Clause 2 of this Article;

b) Order to dismantle construction works or parts thereof without permits or not in accordance with permits for violations stipulated in Points d and đ Clause 3, Point g Clause 4, and Point b Clause 6 of this Article.

Article 10. Violations concerning the provision of services at airports

1. Fine from VND 3,000,000 to VND 5,000,000 for individuals committing the following acts:

a) Not publicly displaying non-aircraft service prices at terminals and restricted areas of airports;

b) Not registering quality and prices of non-aircraft products and services at terminals and restricted areas of airports with competent authorities;

c) Placing advertisements that affect the aesthetics and architecture of terminals; impacting aviation safety, aviation security, fire prevention and firefighting, traffic safety, or infringing on business operation rights;

d) Placing advertisements in airfield areas or at terminal exit doors at airports;

đ) Installing light effects, advertisement signs using rotating lights, laser lights, and other lighting equipment affecting flight operations at airports;

e) Using flyers or sound for advertising inside and outside terminals, affecting normal airport operations;

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals committing the following acts:

a) Advertising using hot air balloons or other flying objects within airport areas;

b) Advertising on vehicles or equipment operating in restricted areas of airports, affecting recognition of such vehicles and equipment;

3. Fine from VND 5,000,000 to VND 10,000,000 for airport enterprises failing to report statistical data on airport operations as prescribed;

4. Fine from VND 20,000,000 to VND 30,000,000 for organizations committing the following acts:

a) Permitting advertising within airport areas contrary to regulations;

b) Designating air service providers for airlines based on aviation safety or aviation security reasons without approval from competent authorities;

c) Failing to maintain sufficient conditions for air service business operations regarding statutory capital, organizational structure, equipment, and safety and security requirements as prescribed;

5. Fine from VND 30,000,000 to VND 40,000,000 for organizations committing the following acts:

a) Providing air services at airports without an air service provision permit;

b) Ceasing air service operations disrupting civil aviation activities without notifying competent state authorities as prescribed;

c) Failing to have flood and storm prevention plans as prescribed;

d) Failing to have or having insufficient flood and storm prevention equipment, mooring systems, and aircraft parking facilities as prescribed;

đ) Failing to implement or implementing improperly the inspection and maintenance of flood and storm prevention equipment as prescribed;

e) Failing to maintain implementation of safety management systems according to approved documentation;

g) Failing to establish a regulation for taxi operation control; failing to publish or implement transparently policies for selecting taxi companies authorized to operate at airports;

6. Fine from VND 40,000,000 to VND 60,000,000 for organizations committing the following acts:

a) Failing to organize safety management systems as prescribed;

b) Failing to maintain sufficient conditions for airport business operations regarding authorized capital, organizational structure, equipment, and necessary conditions to ensure aviation safety and security;

7. Fine from VND 40,000,000 to VND 50,000,000 for individuals engaging in airport business operations without an airport business operation permit;

8. Additional forms of punishment:

Suspend the use of air service provision permits for one to three months for violations stipulated in Point c Clause 4 of this Article;

9. Remedial measures:

Order to restore the initial state with respect to violations stipulated in Points c, d, đ, e Clause 1 and Point a Clause 4 of this Article.

Article 11. Violations concerning aircraft operating equipment and facilities at civil airports

1. Fine from VND 3,000,000 to VND 5,000,000 for individuals committing the following acts:

a) Controlling vehicles within the airport without maintaining safe distances from other vehicles or aircraft as prescribed;

b) Operating vehicles outside the safe area for aircraft within the airport at speeds exceeding the prescribed limit by more than 05 km/h but less than 10 km/h;

c) Operating towing vehicles beyond the prescribed speed when towing aircraft;

d) Controlling vehicles within the airport by changing lanes improperly, failing to reduce speed, or not giving prior signals;

đ) Controlling vehicles within the airport in situations where overtaking is not permitted or without signaling before overtaking;

e) Operating vehicles within the airport by continuously honking or revving engines, except for priority vehicles on duty;

g) Damaging aircraft operating equipment and facilities within the airport;

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals committing the following acts:

a) Controlling, operating, and utilizing equipment within the airport contrary to regulations, procedures, or rules regarding control, operation, and utilization;

b) Stopping or parking vehicles within the airport contrary to regulations;

c) Controlling vehicles to travel along unauthorized routes, lanes, or sections;

d) Operating vehicles outside the safe area for aircraft at speeds exceeding the prescribed limit by 10 km/h or more;

đ) Operating vehicles within the safe area for aircraft at speeds exceeding the prescribed limit;

e) Failing to comply with air traffic controllers' instructions or guidance while operating within the airport;

g) Moving or traveling on runways without permission or without maintaining communication with air traffic controllers as prescribed;

h) Inspecting, maintaining, or repairing equipment in areas not authorized within the airport;

i) Putting vehicles into operation within the airport without adequate lighting, license plate illumination, brake lights, signal lights, windshield wipers, rearview mirrors, or emergency escape devices as required, or having such devices but they are non-functional;

k) Failing to purchase insurance for vehicles operating in restricted areas of the airport as prescribed;

l) Putting vehicles into operation without adequate technical operation documentation as prescribed;

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on individuals controlling vehicles in reverse direction within the airport area;

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on individuals committing the following acts:

a) Introducing into operation within the airport equipment and facilities that do not meet technical requirements;

b) Introducing into operation within the airport equipment and facilities that have not been inspected or have exceeded their inspection validity period as prescribed;

c) Introducing vehicles into operation within the airport beyond their prescribed service life;

d) Introducing equipment and facilities into operation within the airport without the required permit as prescribed;

đ) Maintaining or repairing equipment and facilities operating in restricted areas of the airport contrary to regulations;

5. Additional forms of punishment:

Revoking the right to use aviation personnel licenses for a period of 1 month to 3 months for violations stipulated in Clause 1, Points a, b, c, d, đ, e, g Clause 2, and Clause 3 of this Article;

Article 12. Violations concerning fire prevention and explosion protection at civil airports

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on individuals committing the following acts:

a) Cooking or burning fires within the airport without authorization or failing to comply with regulations on cooking or burning fires in terminals and other restricted areas of the airport;

b) Burning incense, candles, or offerings within terminals and other restricted areas of the airport;

c) Storing hazardous equipment, flammable materials, or explosives within the airport contrary to regulations;

d) Failing to install or installing expired fire prevention and explosion protection equipment on vehicles operating in restricted areas of the airport;

đ) Conducting business within the airport without complying with fire prevention and explosion protection internal regulations and firefighting plans as prescribed;

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on individuals smoking, including electronic cigarettes, or using lighters or matches in aircraft safety zones;

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on individuals conducting business within the airport without fire prevention and explosion protection internal regulations and firefighting plans as prescribed;

4. Additional forms of administrative punishment:

a) Revoking the right to use aviation personnel licenses and professional certificates of aviation personnel for a period of 1 month to 3 months for violations stipulated in Clause 2 of this Article;

b) Suspending business operations of organizations and individuals for a period of 1 month to 3 months for violations stipulated in Points a, đ Clause 1 and Clause 3 of this Article;

Section 3

VIOLATIONS OF ENVIRONMENTAL PROTECTION REGULATIONS IN THE CIVIL AVIATION SECTOR

Article 13. Violations concerning environmental protection in aircraft operation

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on individuals committing any of the following acts:

a) Not complying with the internal control procedures for collecting and sorting aircraft waste;

b) Operating aircraft with noise levels exceeding those specified in the noise certification;

c) Operating aircraft with engine emissions exceeding the prescribed limits.

2. A fine of from 20,000,000 VND to 40,000,000 VND shall be imposed on individuals committing any of the following acts:

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

b) Not having internal control procedures for collecting and sorting aircraft waste;

c) Using insecticides, bactericides, or cleaning agents prohibited or restricted for use in Vietnam.

3. Measures to remedy consequences:

Order remedial measures to address environmental pollution and disease spread for violations stipulated in Point a Clause 1 and Point c Clause 2 of this Article.

Article 14. Violations concerning environmental protection at airports and airfields

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on individuals failing to implement preventive measures against dust emission, solid waste spillage, and liquid waste leakage during waste collection and transportation.

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

a) Not complying with the contents of the hazardous waste transportation and management permit within the airport or airfield;

b) Putting into operation at the airfield vehicles or equipment that do not meet environmental protection requirements;

c) Not having noise reduction measures as prescribed.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on individuals committing any of the following acts:

a) Illegally dropping or spilling materials or waste at the airport or airfield;

b) Transporting hazardous waste within the airport or airfield without a hazardous waste transportation and management permit issued by the competent authority.

4. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on organizations operating airports or airfields that do not have a noise map or noise reduction measures as prescribed.

5. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed on individuals committing any of the following acts:

a) Not implementing or improperly implementing the sorting, collection, storage, transportation, and treatment of wastewater, solid waste, and hazardous waste as prescribed;

b) Producing, trading, or providing services at the airport or airfield without appropriate technical infrastructure for environmental protection.

6. A fine of from 80,000,000 VND to 100,000,000 VND shall be imposed on airport companies putting airports or airfields into operation without a solid waste transfer station or a wastewater collection, treatment, and drainage system as prescribed.

7. Additional forms of administrative sanction:

Suspension of the right to use the hazardous waste transportation and management permit for a period of from one month to three months for violations stipulated in Point a Clause 2 of this Article.

8. Measures to remedy consequences:

Order remedial measures to address environmental pollution for violations stipulated in Point a Clause 3 and Point a Clause 5 of this Article.

Section 4

VIOLATIONS CONCERNING AIRLINE STAFF, TRAINING AND PROFESSIONAL TRAINING, USE OF AIRLINE STAFF, AND HEALTH SCREENING FOR AIRLINE STAFF

Article 15. Violations concerning aviation personnel

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on individuals committing the following acts:

a) Members of the flight crew, cabin crew, air traffic controllers not carrying the valid health certificate when performing their duties;

b) Not carrying the valid aviation personnel license when performing their duties.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on individuals committing the following acts:

a) Aviation personnel not wearing prescribed safety uniforms when performing tasks at the airport;

b) Air traffic controllers; persons operating equipment and facilities in the airfield using mobile phones while performing their duties.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on individuals committing the following acts:

a) Aviation personnel performing tasks not in accordance with the prescribed procedures for performing work or coordinating activities affecting civil aviation operations without threatening aviation security or safety;

b) Aircraft commanders failing to submit or submitting incomplete flight documentation to the Civil Aviation Authority as required.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on aviation personnel committing the following acts:

a) Failing to perform or performing duties incorrectly according to the issued license or recognized professional certification;

b) Not having one of the following valid documents after performing duties: aviation personnel license, professional certification, health certificate, English proficiency certificate;

c) Performing duties not in accordance with the prescribed procedures for performing work or coordinating activities, thereby threatening aviation security or safety;

d) Having alcohol concentration in breath while performing duties.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on aviation personnel committing the following acts:

a) Using counterfeit aviation personnel licenses, qualifications, or professional certifications, health certificates, or English proficiency certificates;

b) Failing to properly instruct or train students whose actions threaten aviation safety;

c) Providing false information or engaging in fraudulent behavior when applying for aviation personnel licenses or qualifications.

6. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on aviation personnel committing the following acts:

a) Operating aircraft in violation of flight rules or procedures;

b) Illegally releasing fuel, luggage, cargo, or other objects from the aircraft;

c) Deciding to commence a flight without having the requisite number of qualified crew members as required.

7. Suspension of the right to use the license for a period of not less than four months to twenty-four months shall be imposed on aviation personnel committing the following acts:

a) Using drugs or having drugs in their system while performing duties;

b) Performing duties not in accordance with the prescribed procedures for performing work or coordinating activities as required, causing serious loss of aviation safety.

8. Additional forms of punishment:

Suspension of the right to use the aviation personnel license and professional certification of aviation personnel for a period of one month to three months shall be imposed for violations specified in Point a, c Clause 4, Point b Clause 5, and Points a, b, c Clause 6 of this Article.

9. Remedial measures:

Obligation to implement measures to remediate environmental pollution and prevent the spread of disease shall be imposed for violations specified in Point b Clause 6 of this Article.

Article 16. Violations concerning training, instruction, and employment of aviation personnel

1. A fine of from five million to ten million dong shall be imposed on individuals who improperly schedule working hours or rest periods for aviation personnel contrary to regulations.

2. A fine of from ten million to twenty million dong shall be imposed on individuals who fail to properly assign or inadequately assign aviation personnel to work positions that require permits, certificates, health qualification certificates, or English proficiency certifications as prescribed, or who assign such personnel without the required permits, certificates, or qualifications.

3. A fine of from twenty million to thirty million dong shall be imposed on organizations committing any of the following acts:

a) Failing to provide professional training for those required to undergo such training according to regulations;

b) Conducting training or instruction for aviation personnel not in accordance with the approved content and duration.

4. A fine of from forty million to sixty million dong shall be imposed on organizations committing any of the following acts:

a) Failing to maintain sufficient conditions for training and instructing aviation personnel regarding organizational structure, classrooms, equipment, facilities, teaching staff, training programs, instructional materials, and textbooks as stipulated in the certificate of qualification for training and instructing aviation personnel;

b) Failing to maintain sufficient conditions for evaluating English proficiency for aviation personnel as specified in the certificate of qualification for evaluating English proficiency issued;

c) Conducting training or instruction for aviation personnel beyond the scope permitted by the certificate of qualification for training and instructing issued.

5. A fine of from twenty million to thirty million dong shall be imposed on individuals intentionally falsifying examination results or English proficiency evaluation results of trainees.

6. Additional forms of punishment:

Suspension of the right to use the certificate of qualification for training and instructing aviation personnel and the certificate of qualification for evaluating English proficiency for aviation personnel for a period of one to three months shall be imposed for violations stipulated in Point b Clause 3, Points a, b, c Clause 4, and Clause 5 of this Article.

Article 17. Violations concerning health examinations for aviation personnel

1. A fine of from ten million to twenty million dong shall be imposed on individuals intentionally falsifying health examination results for aviation personnel.

2. A fine of from thirty million to forty million dong shall be imposed on organizations failing to comply with regulations concerning health examinations for aviation personnel.

3. A fine of from sixty million to eighty million dong shall be imposed on organizations conducting health examinations for aviation personnel without the required certification.

4. Additional forms of administrative punishment:

Suspension of the right to use the certificate of qualification for health examination centers for aviation personnel for a period of one to three months shall be imposed for violations stipulated in Clause 2 of this Article.

Section 5

VIOLATIONS CONCERNING AIR TRAFFIC SERVICES

Article 18. Violations concerning air traffic service provision

1. A fine of from ten million to twenty million dong shall be imposed on service providers who fail to promptly notify search and rescue service providers upon receiving signals, reports, or information about aircraft in distress or disaster.

2. A fine of from twenty million to forty million dong shall be imposed on service providers who operate technical systems and equipment not in accordance with the operating permit issued.

3. A fine of from forty million to fifty million dong shall be imposed on organizations committing any of the following acts:

a) Failing to maintain implementation of safety management systems as approved;

b) Failing to maintain sufficient conditions for operating air traffic service provision facilities regarding organizational structure, technical systems and equipment, and operational guidance materials as prescribed;

c) Operating technical systems and equipment for air traffic services without a permit issued by the competent authority.

4. A fine of from fifty million to sixty million dong shall be imposed on service providers who fail to establish a safety management system as prescribed.

5. A fine of from sixty million to seventy million dong shall be imposed on organizations operating air traffic service provision facilities without a permit issued by the competent authority.

Article 19. Violations concerning the management of flight activities

1. A fine of from three million to five million Vietnamese dong shall be imposed on individuals who release equipment, items, and other objects into the air outside airports affecting flight operations.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals committing the following acts:

a) Causing damage to technical systems and equipment ensuring flight operations;

b) Constructing or installing facilities and technical equipment that violate aviation obstacle limitation zones outside airports.

3. A fine of from ten million to twenty million Vietnamese dong shall be imposed on individuals who fail to comply with regulations regarding painting, marking, and installing warning lights for aviation obstacles.

4. A fine of from twenty million to forty million Vietnamese dong shall be imposed on individuals who provide false information or engage in fraudulent behavior when applying for flight permits.

5. A fine of from forty million to sixty million Vietnamese dong shall be imposed on individuals who commit the following acts:

a) Intentionally using communication stations or other devices to interfere with or affect the operation of aviation radio stations;

b) Conducting flights not in accordance with the permitted purpose or route.

6. A fine of from eighty million to one hundred million Vietnamese dong shall be imposed on individuals who commit the following acts:

a) Conducting flights without a permit issued by the competent authority;

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

7. Measures to remedy consequences:

Forced removal of construction works or parts thereof built without a permit or not in accordance with the permit for violations stipulated in Point b Clause 2 of this Article.

Article 20. Violations concerning the investigation of aircraft accidents and incidents

1. Fine from VND 3,000,000 to VND 5,000,000 for individuals committing the following acts:

a) Failure to submit evidence related to aircraft accidents or incidents to the competent authority upon request;

b) Failure to protect aircraft involved in accidents or incidents, equipment, and items on board such aircraft according to regulations.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on individuals committing the following acts:

a) Failure to report aircraft accidents or incidents within the prescribed time limit;

b) Destroying, altering information, damaging equipment required for inspection, and other evidence related to aircraft accidents or incidents.

3. A fine of from ten million to twenty million Vietnamese dong shall be imposed on individuals who conceal aircraft accidents or incidents.

4. Additional forms of administrative punishment:

Suspension of the right to use aviation staff licenses and professional certificates for one to three months for violations stipulated in Point b Clause 2 and Clause 3 of this Article.

Chapter 6

VIOLATIONS CONCERNING AIR CARGO TRANSPORTATION AND NON-COMMERCIAL AIR OPERATIONS

Article 21. Violations concerning the establishment of organizations conducting air cargo transportation and non-commercial air operations

1. A fine of from ten million to twenty million Vietnamese dong shall be imposed on organizations committing the following acts:

a) Airlines failing to make formal requests for approval or registration with the competent authority as required when changes occur in the contents of their business licenses already granted;

b) Representative offices and ticket sales offices of foreign airlines operating in Vietnam failing to fulfill their obligations as prescribed;

c) Vietnamese airlines engaging in cooperation related to air transport rights without approval from the competent state authority;

d) Foreign airlines forming alliances on international routes to and from Vietnam without an approved joint schedule;

đ) General agents and ticket sales agents of foreign airlines operating in Vietnam failing to act in accordance with the certificate of registration for the designated general agency and ticket sales agent contracts already granted;

e) Representative offices and ticket sales offices of foreign airlines established in Vietnam failing to maintain the required conditions as prescribed.

2. A fine of from twenty million to forty million Vietnamese dong shall be imposed on organizations committing the following acts:

a) Freight forwarders failing to act in accordance with the certificate of registration for issuing secondary air waybills;

b) General agents and ticket sales agents of foreign airlines operating in Vietnam lacking a certificate of registration for the designated general agency and ticket sales agent contract issued by the competent authority.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on individuals committing any of the following acts:

a) Engaging in non-commercial air operations without a Certificate of Registration for Non-Commercial Air Operations issued by the competent authority;

b) Representing foreign airlines in Vietnam without a certificate of registration for such activity issued by the competent authority.

4. A fine of from thirty million to forty million Vietnamese dong shall be imposed on individuals engaging in commercial non-commercial air operations without permission or without a business license for non-commercial air operations issued by the competent authority.

5. Fine from VND 30,000,000 to VND 40,000,000 for organizations committing the following acts:

a) Representative offices and ticket sales offices of foreign airlines operating in Vietnam lacking a permit to establish representative offices and ticket sales offices;

b) Freight forwarders lacking a certificate of registration for issuing secondary air waybills.

6. A fine of from fifty million to sixty million Vietnamese dong shall be imposed on organizations committing the following acts:

a) Failing to maintain the required capital and organizational structure for air cargo transportation, non-commercial air operations, and dangerous goods transportation;

b) Failing to maintain the required conditions for foreign-invested enterprises engaged in air cargo transportation and non-commercial air operations regarding the proportion of foreign investment, leadership, and management personnel as prescribed.

7. A fine of from sixty million to seventy million Vietnamese dong shall be imposed on individuals committing the following acts:

a) Transporting dangerous goods without permission or without a certificate of qualification for dangerous goods transportation issued or recognized by the competent authority;

b) Transporting passengers, baggage, cargo, mail, parcels, and letters for commercial purposes without permission or without a business license for air cargo transportation.

8. Additional forms of punishment:

Suspension of the right to use certificates of registration for designated general agency and ticket sales agent contracts; permits to establish representative offices and ticket sales offices; certificates of registration for issuing secondary air waybills for one to three months for violations stipulated in Points b, đ, e Clause 1 and Point a Clause 2 of this Article.

Article 22. Violations concerning air transport operations and common aviation activities

1. A fine of from five million to ten million Vietnamese dong shall be imposed on organizations committing the following acts:

a) The Vietnam Airline not registering the air transport charter with the competent state agency as prescribed;

b) An airline not providing air transport statistical data to the competent authority as prescribed.

2. A fine of from three million to five million Vietnamese dong shall be imposed on individuals who affix labels or mark dangerous goods labels on packaging incorrectly when transporting by air.

3. A fine of from five million to ten million Vietnamese dong shall be imposed on individuals committing the following acts:

a) Sending dangerous goods without declaration or incorrect declaration;

b) Packaging dangerous goods incorrectly when transporting by air.

4. A fine of from ten million to twenty million Vietnamese dong shall be imposed on organizations committing the following acts:

a) An airline not performing or performing incompletely its obligations as prescribed in cases of flight delay, cancellation, or refusal to transport;

b) A business operating a computerized reservation system not performing or performing incorrectly the principles of operation of a computerized reservation system;

c) A business providing commercial common aviation services not signing service provision contracts with organizations or individuals using such services;

d) An airline not performing or performing incorrectly the reduction of ticket prices for elderly passengers and disabled persons traveling by aircraft as prescribed;

đ) An airline refusing to carry assistive devices for disabled persons or charging fees for carrying such devices of disabled persons contrary to regulations.

5. A fine of from twenty million to thirty million Vietnamese dong shall be imposed on organizations committing the following acts:

a) An airline or a business providing aviation services not complying with regulations on the transportation of dangerous goods by air;

b) An airline transporting passengers prohibited from transportation except where permitted by the competent state agency;

c) An airline not complying with regulations on the application of air transport fares.

6. A fine of from thirty million to forty million Vietnamese dong shall be imposed on organizations committing the following acts:

a) An airline transporting baggage not accompanying passengers except in cases permitted by regulation;

b) An airline conducting marketing, advertising, and promotional activities using images, brands, symbols, or trademarks of other airlines for flights operated by itself;

c) An airline organizing events on aircraft that may threaten aviation safety and security without permission from the competent authority;

d) An airline or a business providing aviation services improperly stacking dangerous goods;

đ) An airline purchasing civil liability insurance or implementing other guarantee measures for passengers, baggage, cargo, mail, parcels, letters beyond the prescribed liability limit.

7. A fine of from forty million to sixty million Vietnamese dong shall be imposed on airlines not purchasing civil liability insurance or implementing other guarantee measures for passengers, baggage, cargo, mail, parcels, letters.

8. A fine of from sixty million to eighty million Vietnamese dong shall be imposed on airlines violating regulations on air transport rights already granted; buying, selling, or transferring air transport rights.

9. A fine of from eighty million to one hundred million Vietnamese dong shall be imposed on organizations engaging in air transport operations without being granted air transport rights.

10. Measures to address consequences:

Remedial measures to address environmental pollution shall be ordered for violations stipulated in Clause 3, Point a Clause 5 and Point d Clause 6 of this Article.

Section 7

VIOLATIONS OF AVIATION SECURITY REGULATIONS

Article 23. Violations concerning the management and use of aviation security control cards

1. Warning or a fine of from VND 100,000 to VND 500,000 for individuals who lose their aviation security control card without immediately reporting it to the issuing authority.

2. A fine of from VND 500,000 to VND 1,000,000 for individuals committing the following acts:

a) Using an aviation security control card outside its authorized scope;

b) Not wearing an aviation security control card when performing duties in restricted areas of airports.

3. A fine of from VND 3,000,000 to VND 5,000,000 for individuals using another person's aviation security control card to enter restricted areas of airports or board aircraft.

4. A fine of from VND 5,000,000 to VND 10,000,000 for individuals entering restricted areas or boarding aircraft with someone else’s personal identification documents or boarding passes.

5. A fine of from VND 10,000,000 to VND 20,000,000 for individuals committing the act of forging aviation security control cards.

Article 24. Violations concerning aviation security at airports, flights, and air traffic management

1. Warning or a fine of from VND 100,000 to VND 500,000 for individuals carrying liquids into restricted areas or boarding aircraft contrary to regulations.

2. A fine of from VND 500,000 to VND 1,000,000 for individuals not complying with instructions from aviation security personnel while in restricted areas of airports.

3. A fine of from VND 1,000,000 to VND 3,000,000 for individuals threatening civil servants, staff members, flight crew members, airline employees, or passengers in restricted areas of airports, on aircraft, and at locations with civil aviation facilities, equipment, and installations.

4. A fine of from VND 3,000,000 to VND 5,000,000 for individuals committing the following acts:

a) Causing disturbances, inciting others to cause disturbances, thereby disrupting security and order in restricted areas of airports and locations with civil aviation facilities, equipment, and installations;

b) Entering restricted areas or boarding aircraft without undergoing aviation security screening;

c) The aircraft commander failing to lock the cockpit door according to regulations during flight time;

d) Disrupting order and discipline on aircraft;

đ) Spreading false information about bombs, mines, explosive materials, explosives, radioactive substances, chemical and biological weapons without affecting the normal operation of civil aviation activities;

e) Bringing people, luggage, cargo, mail, parcels, letters, and other items that have not undergone aviation security screening into restricted areas of airports, boarding aircraft.

5. A fine of from VND 5,000,000 to VND 10,000,000 for individuals committing the following acts:

a) Illegally entering restricted areas of airports and locations with civil aviation facilities, equipment, and installations;

b) Assaulting civil servants, staff members, flight crew members, airline employees, or passengers in restricted areas of airports and locations with civil aviation facilities, equipment, and installations;

c) The aircraft commander allowing people or objects into the cockpit contrary to regulations;

d) Causing disturbances, inciting others to cause disturbances, thereby disrupting security and order on aircraft;

đ) Stealing or appropriating objects, equipment, or property in restricted areas of airports, on aircraft;

e) Bringing prohibited dangerous items into restricted areas of airports, boarding aircraft contrary to regulations, except as provided for in Point c Clause 6 and Point d Clause 7 of this Article;

g) Failing to comply with regulations regarding the registration and acceptance of firearms, support tools, and dangerous items allowed into restricted areas;

h) Failing to provide or providing incorrect pre-flight passenger information (API) as required;

i) Gambling or allowing others to gamble at airport premises or on aircraft.

6. A fine of from VND 10,000,000 to VND 20,000,000 for individuals committing the following acts:

a) Illegally entering aircraft;

b) Assaulting flight crew members or passengers on aircraft;

c) Bringing support tools, flammable materials, crude weapons, sports weapons, hunting guns, and similar weapons into restricted areas of airports, boarding aircraft contrary to regulations.

7. A fine of from VND 20,000,000 to VND 30,000,000 for individuals committing the following acts:

a) Making threatening statements about using bombs, mines, explosives, explosive materials, radioactive substances, biological weapons in check-in areas, restricted areas, airports, or on aircraft;

b) Spreading false information about bombs, mines, explosive materials, explosives, radioactive substances, chemical and biological weapons affecting the normal operation of civil aviation activities;

c) Providing false information that may threaten the safety of aircraft on the ground; the safety of passengers, flight crews, ground staff, or persons at airports and civil aviation facilities, equipment, and installations;

d) Bringing explosives, explosive materials, military weapons, flammable materials into restricted areas of airports, boarding aircraft contrary to regulations.

8. A fine of from VND 30,000,000 to VND 40,000,000 for individuals spreading false information about bombs, mines, explosive materials, explosives, radioactive substances, chemical and biological weapons or other information that may threaten the safety of aircraft in flight or persons on aircraft in flight.

9. Additional forms of punishment:

Suspension of the right to use licenses or professional certificates of airline staff for one to three months for violations stipulated in Point i Clause 5 of this Article.

10. Measures to address consequences:

a) Compelling the implementation of measures to remedy environmental pollution and disease spread for violations stipulated in Point e Clause 5 of this Article;

b) Compelling the return of stolen or appropriated objects, equipment, or property, or compensating the equivalent value if the objects, equipment, or property have been consumed, disposed of, or destroyed, for violations stipulated in Point đ Clause 5 of this Article.

Article 25. Violation of provisions on organizing aviation security

1. A fine of from five million to ten million Vietnamese dong shall be imposed on organizations committing the following acts:

a) Not having sufficient documents at the aviation security checkpoint as prescribed;

b) Not storing records, operation logs, maintenance logs of aviation security equipment as prescribed.

2. A fine of from five million to ten million dong shall be imposed on individuals responsible for reporting who fail to report or report inaccurately about illegal interference with civil aviation activities.

3. A fine of from ten million to twenty million dong shall be imposed on organizations committing the following acts:

a) Not retaining images or retaining images through X-ray machines, surveillance cameras not in accordance with the prescribed time period;

b) Transporting suspects, convicts, deportees, extraditees exceeding the permitted number as prescribed.

4. Fine from VND 20,000,000 to VND 30,000,000 for organizations committing the following acts:

a) Using security seals that have not been approved by the competent authority as prescribed;

b) Not complying with the approved aviation security regulations;

c) Using security equipment that does not meet the prescribed standards;

d) Not having or not ensuring the requirements for aviation security infrastructure as prescribed;

đ) Using aviation security equipment without an operating permit as prescribed.

5. Fine from VND 30,000,000 to VND 40,000,000 for organizations committing the following acts:

a) Not having aviation security regulations approved by the competent authority;

b) Not complying with the approved aviation security program, aircraft control plan during illegal interference as prescribed;

c) Not having a plan to organize civil aviation security forces; installation, operation, and use plan of aviation security equipment systems approved by the competent authority.

6. A fine of from fifty million to sixty million dong shall be imposed on organizations that do not have an aviation security program, aircraft control plan during illegal interference approved by the competent authority.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTY IN THE FIELD OF CIVIL AVIATION

Article 26. Authority to impose penalties of inspection

1. The Inspector, and the person assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Applying remedial measures provided for in Points a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. The Head of the Civil Aviation Administration Inspection, the head of specialized inspection teams of the Civil Aviation Administration have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoking the right to use licenses, professional certificates for a limited period or suspending operations for a limited period;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) Applying remedial measures provided for in Clause 1 Article 28 of the Law on Handling Administrative Violations.

3. The head of specialized inspection teams of the Ministry of Transport has the right:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) Revoking the right to use licenses, professional certificates for a limited period or suspending operations for a limited period;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) Applying remedial measures provided for in Clause 1 Article 28 of the Law on Handling Administrative Violations.

4. The Head of the Ministry of Transport Inspection, the Director of the Civil Aviation Administration have the right:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Revoking the right to use licenses, professional certificates for a limited period or suspending operations for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Applying remedial measures provided for in Clause 1 Article 28 of the Law on Handling Administrative Violations.

Article 27. Authority to impose penalties of Air Traffic Control Units

1. The representative of Air Traffic Control Units has the right:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article.

2. The Director of Air Traffic Control Units has the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use licenses, professional certificates for a limited period or suspending operations for a limited period;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Clause;

đ) Applying remedial measures provided for in Points a, b, c, đ, i, and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

Article 28. Authority of the Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscating contraband items, means of transportation violating administrative regulations with a value not exceeding the amount of fine prescribed in Point b Clause this;

d) Application of remedial measures provided for in Points a, b, c, and d of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscating contraband items, means of transportation violating administrative regulations with a value not exceeding the amount of fine prescribed in Point b Clause this;

đ) Applying remedial measures provided for in Points a, b, c, đ, e, h, i, and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Applying remedial measures provided for in Clause 1 Article 28 of the Law on Handling Administrative Violations.

Article 29. Competence of the People's Public Security Force

1. The People's Public Security Force has the authority to impose administrative penalties for violations in the civil aviation sector in the following cases:

a) Acts of administrative violations discovered during the implementation of emergency plans;

b) Administrative violations related to civil aviation security, public order, and social safety in public areas at airports or transferred by agencies within the civil aviation sector.

2. The maximum fine amount and the authority to impose administrative penalties of the People's Public Security Force shall be implemented according to Point d Clause 1 Article 24 and Article 39 of the Law on Handling Administrative Violations.

Article 30. Other specialized inspection forces

Other specialized inspection forces have the authority to impose administrative penalties in the civil aviation sector according to the provisions of the Law on Handling Administrative Violations and this Decree for administrative violations related to their managed sectors or industries.

Article 31. Establishment of Administrative Violation Records

1. Those authorized to establish administrative violation records in the civil aviation sector include:

a) Those authorized to impose administrative penalties in the civil aviation sector;

b) Inspectors from the Ministry of Transport's Inspectorate and Vietnam Civil Aviation Authority's Inspectorate when performing inspection and supervision tasks;

c) Inspectors and staff from airport authorities performing inspection, supervision, and monitoring tasks of aviation activities at airports;

d) Aircraft commanders and crew members designated by the aircraft commander to establish administrative violation records for violations occurring on board the aircraft while it is in flight.

2. The aircraft commander of aircraft with Vietnamese nationality is responsible for organizing the establishment of administrative violation records for violations occurring on board the aircraft while it is in flight, or transferring the case to the airport authority at the Vietnamese airport where the aircraft lands for the establishment of administrative violation records.

In the event that the aircraft commander transfers the case to the airport authority to establish an administrative violation record for violations occurring on board the aircraft while it is in flight, representatives of the airline must participate in the process of establishing the administrative violation record to coordinate and support the airport authority.

3. When transferring the case to the airport authority to establish an administrative violation record, the aircraft commander must hand over the violator along with the following documents and evidence:

a) A copy of the incident report in the flight logbook signed by the aircraft commander;

b) A statement from the crew member who witnessed the incident;

c) A list of passenger seating positions who may have witnessed the incident;

d) Physical evidence and means used in the violation (if any).

Article 32. Collection and Payment of Penalties

1. The collection and payment of administrative penalties in the civil aviation sector shall be carried out according to the provisions of the Law on Handling Administrative Violations, Government Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and measures to implement the Law on Handling Administrative Violations, and other documents regarding administrative penalties.

2. Individuals who violate administrative regulations after obtaining boarding passes may pay fines to the airport authority or its representative.

Chapter IV

IMPLEMENTING PROVISIONS

Article 33. Effective Date

This Decree takes effect from December 15, 2013, and replaces Government Decree No. 60/2010/NĐ-CP dated June 3, 2010, concerning administrative penalties in the civil aviation sector.

Article 34. Implementation Organization

1. The Minister of Transport is responsible for implementing this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.