Circular No. 46/2013/TT-BGTVT guiding the implementation of special labor discipline regimes for aviation staff

CIRCULAR

Guidelines for Implementing Special Labor Discipline Regime

for Airline Personnelg

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

Based on the Labor Code dated June 18, 2012;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport.

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Civil Aviation Authority,

the Minister of Transport issues this Circular to guide the implementation of the special labor discipline regime for airline personnel.

Article 1. Scope of Regulation

This Circular guides the implementation of the special labor discipline regime for airline personnel.

Article 2. Applicability

This Circular applies to:

1. Positions of airline personnel include:

a) Flight crew members;

b) Flight training instructors;

c) Cabin crew;

d) Aircraft maintenance and repair personnel;

đ) Ground handling personnel;

e) Air traffic information personnel;

g) Air traffic control, guidance, and surveillance personnel;

h) Aviation meteorological personnel;

i) Flight scheduling and operation personnel;

k) Civil aviation flight procedure design personnel;

l) Aviation search and rescue personnel;

m) Aircraft equipment operation and restricted area facility operation personnel at airports;

n) Aviation security personnel;

o) Ground service personnel supporting flights.

2. Employers, agencies, organizations, and individuals related to the application of the special labor discipline regime for the positions of airline personnel as stipulated in Clause 1 of this Article.

Article 3. Special Labor Discipline Regime

1. Immediately suspend the work of airline personnel in charge when they commit violations as specified in Clause 1 of Article 5 of this Circular.

2. Do not employ them in positions as airline personnel if they violate the provisions of Article 6 of this Circular.

3. The special labor discipline regime prescribed in Clauses 1 and 2 of this Article does not replace the disciplinary measures provided for in the Labor Code for airline personnel.

Article 4. Authority to Apply the Special Labor Discipline Regime

Employers or persons authorized to use airline personnel have the right to apply the special labor discipline regime to airline personnel who violate regulations.

Article 5. Provisions on Temporary Suspension of Work for Airline Personnel

1. Airline personnel shall be temporarily suspended from their current positions in the following cases:

a) Violating rules and internal regulations that threaten 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.

2. The duration of temporary suspension and salary during the suspension period shall be implemented according to the provisions of the Labor Code.

Article 6. Provisions on Employment of Airline Personnel Who Have Violated the Special Labor Discipline Regime

Do not employ them in any position as airline personnel in civil aviation enterprises in the following cases:

1. Intentionally violating regulations and internal rules directly causing air accidents or serious aviation incidents.

2. Being convicted in criminal cases.

3. Stealing or illegally appropriating property of organizations or individuals.

4. Exploiting their positions to smuggle, transport people, goods, or contraband illegally.

5. Using or testing positive for prohibited drugs or stimulants.

Article 7. Responsibilities of employers operating in the civil aviation sector

1. Based on the provisions of this Circular, employers shall specify specific acts of violating labor discipline peculiar to the aviation industry in their internal labor regulations.

2. Employers shall be responsible for reporting to the Civil Aviation Authority of Vietnam when aviation employees commit violations as stipulated in Clause 1 of Article 5 of this Circular, and at the same time report to the Air Traffic Control Center in cases where such violations occur at airports under the jurisdiction of the Air Traffic Control Center.

3. Every six months (before June 25) and annually (before December 25), they shall be responsible for compiling and reporting to the Civil Aviation Authority of Vietnam on the implementation of special labor discipline systems for aviation employees as prescribed in this Circular.

Article 8. Effective Date

a) Accepts applications, processes, and delivers exit and entry permits to officials and civil servants in accordance with the provisions of this Circular;

Article 9. Implementation Provisions

1. The Director of the Civil Aviation Authority of Vietnam shall be responsible for inspecting and supervising the implementation of this Circular.

2. The Heads of the Ministry's Office, the Inspectorate, the Department Heads, the Director of the Civil Aviation Authority of Vietnam, the Heads of relevant agencies, organizations, and individuals shall be responsible for enforcing this Circular.