Circular No. 23/2023/TT-BGTVT on special labor regulations and disciplinary measures for aviation personnel

CIRCULAR

Regulations on labor conditions and special labor discipline for aviation staff

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 Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Some Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Department of Personnel and the Director of the Civil Aviation Authority of Vietnam;

The Minister of Transport issues this Circular to regulate labor conditions and special labor discipline for aviation staff.

Article 1. Scope of Regulation

This Circular regulates labor conditions and special labor discipline for aviation staff.

Article 2. Applicability

This Circular applies to:

1. Aviation staff includes positions as prescribed by the Minister of Transport regarding aviation staff;

2. Employers, agencies, organizations, and individuals related to labor conditions and special labor discipline for aviation staff.

Article 3. Special Labor Discipline

1. Special labor discipline consists of regulations concerning adherence to time, technology, production management, and business operations for aviation staff as stipulated in this Circular.

2. Aviation staff must comply with special labor discipline to ensure security and safety in civil aviation operations.

Article 4. Forms of Special Labor Discipline Sanctions

1. Immediate suspension from work.

2. The form of special labor discipline sanction prescribed in Clause 1 of this Article does not replace the labor discipline sanctions for aviation staff as provided for in the Labor Code.

Article 5. Application of Special Labor Discipline Sanctions for Aviation Staff

1. Employers or persons authorized under the law have the authority to impose special labor discipline sanctions on aviation staff who violate special labor discipline.

2. Aviation staff shall be immediately suspended from work in the following cases:

a) Violating labor regulations and internal rules causing accidents, threats to aviation safety and security;

b) Being investigated or prosecuted in criminal cases;

c) Leaving their post without permission;

d) Consuming alcohol during working hours or having alcohol in their blood or breath while performing duties;

đ) Stealing or illegally appropriating property of organizations or individuals;

e) Exploiting their position to smuggle goods, transport people or property illegally;

g) Using or testing positive for prohibited drugs or stimulants;

h) Gambling, disrupting, or causing disorder at the workplace.

3. Immediate suspension may be carried out verbally by the employer or authorized person upon discovery of violations as specified in Clause 2 of this Article. Within 48 hours from the verbal suspension, the employer or authorized person must issue a decision on suspension, clearly stating the duration of the suspension. The duration of suspension is governed by Article 128 of the Labor Code and begins from the moment of verbal suspension.

Article 6. Special Labor Conditions for Aviation Staff

1. Aviation staff shall be subject to special labor conditions as prescribed by labor laws and civil aviation laws.

2. Employers shall not assign aviation staff who have violated labor discipline or completed sentences in criminal cases to aviation staff positions within five years from the following dates:

a) From the date when the effective labor discipline sanction decision takes effect for violations as specified in point a, đ, e, g, Clause 2 of Article 5 of this Circular;

b) From the date when the criminal record is expunged.

Article 7. Responsibilities of the Employer

1. Implement the labor regime and special labor discipline for aviation staff as prescribed in this Circular.

2. Report to the Civil Aviation Authority of Vietnam in writing or electronically when aviation staff violate special labor discipline, and simultaneously notify the Air Traffic Control Center if the violation occurs at an airport under the management of the Air Traffic Control Center.

3. Summarize and report to the Civil Aviation Authority of Vietnam on the implementation of the labor regime and special labor discipline for aviation staff, with detailed reporting as follows:

a) Name of the report: Report on the Implementation of Labor Regime and Special Labor Discipline for Aviation Staff;

b) Content required for reporting: situation regarding the implementation of the labor regime and special labor discipline for aviation staff;

c) Method of submitting and receiving reports: the report shall be in paper form or electronic form; it may be submitted directly or through postal services or on an electronic platform or by other means to the Civil Aviation Authority of Vietnam;

d) Frequency of reporting: twice per year;

đ) Deadline for submission of reports: for the mid-year report, before June 20th of the reporting period; for the annual report, before December 20th of the reporting period. The mid-year report will be replaced by the annual report;

e) Time frame for finalizing data for reporting: for the mid-year report, from December 15th of the previous year to June 14th of the reporting period; for the annual report, from December 15th of the previous year to December 14th of the reporting period;

g) Outline and format of the report: as specified in the Appendix attached to this Circular.

Article 8. Responsibilities of the Civil Aviation Authority of Vietnam and Air Traffic Control Centers

1. The Civil Aviation Authority of Vietnam is responsible for managing, monitoring, summarizing, and notifying enterprises operating in the aviation sector about cases where aviation staff violate special labor discipline, as prescribed in this Circular.

2. The Civil Aviation Authority of Vietnam and Air Traffic Control Centers are responsible for inspecting and supervising the implementation of this Circular.

Article 9. Effective Date

1. This Circular takes effect from September 1, 2023.

2. Repeal Circular No. 46/2013/TT-BGTVT dated November 25, 2013, issued by the Minister of Transport guiding the implementation of special labor discipline for aviation staff, and Article 2 of Circular No. 28/2020/TT-BGTVT dated October 29, 2020, issued by the Minister of Transport amending and supplementing certain provisions of Circulars concerning periodic reporting requirements in the aviation sector.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

Article 10. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Directors of the Departments, the Director of the Civil Aviation Administration of Vietnam, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.