Circular No. 85/2015/TT-BGTVT on responsibilities and handling violations in air cargo transportation activities

 

CIRCULAR

Regulations on responsibilities and handling of violations in air cargo transportation activities

 

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

On the basis of Pursuant to the Law on Public Servants dated November 15, 2010; độngdated June 18, 2012;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to Decree No. 157/2007/NĐ-CP dated October 27 LIMITATION2007 of the Government

stipulating the regime of responsibility for heads of agencies, organizations, and units of the State in performing their duties and public service; The Minister of Transport hereby promulgates this Circular on responsibilities and handling of violations in air cargo transportation activities. 1. This Circular stipulates responsibilities and handling of violations in air cargo transportation activities.

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;

stipulating on air cargo transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT dated December 30, 2014), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 issued by the Minister of Transport

2. In this Circular, air cargo transportation activities include commercial air cargo transportation business operations, general aviation for commercial purposes, and other specialized air services.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, and individuals related to air cargo transportation activities, including:

2. Air Traffic Control Units.

Article 2. Applicability

3. Air Cargo Transportation Businesses.

1. Vietnam Civil Aviation Authority.

4. General Aviation Businesses for Commercial Purposes.

5. Airports.

6. Specialized Air Services Providers.

7. Other relevant organizations and individuals.

RESPONSIBILITIES OF ORGANIZATIONS

Article 3. The Civil Aviation Authority of Vietnam

 

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Section 1

1. To perform the functions, tasks, and powers of the specialized civil aviation administration agency and the Civil Aviation Authority according to the laws on air cargo transportation.

2. To implement directives and instructions from the Ministry of Transport related to air cargo transportation activities.

3. To promptly advise organizations and individuals involved in civil aviation activities on compliance with the laws on air cargo transportation.

4. To issue, revoke, and publicly announce on the Civil Aviation Authority of Vietnam's website the list of businesses that fail to fully fulfill their responsibilities related to air cargo transportation activities as stipulated in Clause 2, Article 15 of this Circular.

5. To notify about the management, supervision, and direct operation capacity of individuals in air cargo transportation activities or require enterprises to remove individuals from positions responsible for managing specialized fields according to Clauses 2 and 3, Article 16 of this Circular.

Article 4. Air Traffic Control Units

1. To perform state management functions over civil aviation at airports and airfields according to the laws.

2. To implement directives and instructions from the Ministry of Transport and the Civil Aviation Authority of Vietnam related to air cargo transportation activities at airports and airfields.

3. To promptly advise organizations providing services at airports and airfields on compliance with the laws on air cargo transportation.

Article 5. Air Cargo Transportation Businesses

1. To be responsible for ensuring air safety and quality of air cargo transportation services meeting prescribed standards and conditions.

2. To maintain conditions for obtaining an Air Cargo Transportation Business License and Aircraft Operator Certificate as prescribed.

3. To fulfill the obligations of a carrier as prescribed.

4. To conduct transparent and open practices in seat reservation and ticket sales.

5. To implement measures to reduce flight delays and cancellations.

6. To comply with regulations on air cargo transportation service pricing.

7. To implement recommendations from competent administrative authorities regarding air cargo transportation.

8. To implement statistical reporting and record-keeping systems for air cargo transportation as prescribed.

9. To resolve complaints related to the air cargo transportation activities of the enterprise.

10. To implement disciplinary responsibilities towards individuals within the organization according to the law and organizational regulations.

General Aviation Businesses for Commercial Purposes

1. To be responsible for ensuring air safety and quality of general aviation services meeting prescribed standards and conditions.

Article 6. 2. To maintain conditions for obtaining a General Aviation Business License for Commercial Purposes and Aircraft Operator Certificate as prescribed. 3. To fulfill the obligations of a general aviation service provider as prescribed.

4. To implement recommendations from competent administrative authorities regarding general aviation activities.

5. To implement statistical reporting and record-keeping systems for general aviation activities as prescribed.

6. To resolve complaints related to the general aviation activities of the enterprise.

7. To implement disciplinary responsibilities towards individuals within the organization according to the law and organizational regulations.

Airport Businesses

1. To be responsible for ensuring security, safety, and quality of services at airports and airfields meeting prescribed standards and conditions.

2. To maintain conditions for obtaining an Airport Operation Certificate and Airport Business License as prescribed.

Article 7. 3. To comply with regulations on specialized air service pricing.

4. To implement recommendations from competent administrative authorities regarding airport management and operation activities.

5. To implement statistical reporting and record-keeping systems as prescribed.

6. To resolve complaints related to the enterprise's activities.

Specialized Air Services Providers

1. To be responsible for ensuring air safety and quality of services meeting prescribed standards and conditions.

2. To maintain conditions for obtaining a Specialized Air Services Provider License as prescribed.

2. To maintain conditions for obtaining an Airport Operation Certificate and Airport Business License as prescribed.

Article 8. 3. To comply with regulations on specialized air service pricing.

4. To implement recommendations from competent administrative authorities regarding specialized air service provision.

5. To implement reporting and statistical systems as prescribed.

RESPONSIBILITIES OF INDIVIDUALS

4. Implement the recommendations of the competent state management agency related to the provision of specialized aviation services.

5. Implement reporting, statistical, and record-keeping regimes as prescribed.

2. To maintain conditions for obtaining a Specialized Air Services Provider License as prescribed.

2. To maintain conditions for obtaining an Airport Operation Certificate and Airport Business License as prescribed.

 

Section 2

RESPONSIBILITIES OF INDIVIDUALS

Article 9. Director of the Civil Aviation Administration of Vietnam

1. Shall be responsible to the Minister of Transport and to the law for the exercise of the powers of the Director, organizing the implementation of functions, tasks, and authorities of the specialized state management agency for civil aviation and the Civil Aviation Authority as prescribed by law.

2. Organize the review of responsibility and handle violations according to regulations against organizations and individuals under the Civil Aviation Administration of Vietnam when they fail to perform, perform incorrectly, incompletely, or not promptly the assigned responsibilities in managing air transport activities.

Article 10. Director of Air Traffic Control Station

1. Shall be responsible to the Minister of Transport, the Director of the Civil Aviation Administration of Vietnam, and to the law for the exercise of the powers of director, organizing the implementation of functions, tasks, and authorities of the state management agency for civil aviation as prescribed by law.

2. Take the lead and coordinate with relevant agencies and organizations to organize inspections, checks, supervision, and take measures to prevent and promptly handle violations by agencies, organizations, and individuals in air transport activities at airports according to their authority.

3. Organize the review of responsibility and handle violations according to regulations against organizations and individuals under the Air Traffic Control Station when they fail to perform, perform incompletely, or not promptly the assigned responsibilities in managing air transport activities.

Article 11. Heads and Legal Representatives of Organizations Related to Air Transport Activities

1. Organize air transport activities in accordance with regulations and contracts signed in accordance with the law.

2. Shall be responsible to the law and competent state agencies about the performance of corresponding responsibilities as stipulated in Articles 5, 6, 7, and 8 of this Circular.

3. Organize the review of responsibility and handle violations according to regulations against individuals within the organization.

Article 12. Individuals Holding Positions Responsible for Managing Specialized Fields of Organizations Related to Air Transport Activities

1. Participate in organizing air transport activities in accordance with the law and related guidance materials on air transport activities.

2. Shall be responsible to the law, competent state agencies, and the head of the organization regarding their activities.

Article 13. Individualsparticipating in air transport activities

1. Comply with the provisions of the law and related guidance materials on air transport activities.

2. Shall be responsible to the law, competent state agencies, and the head of the organization regarding their activities.

 

Chapter III

HANDLING VIOLATIONS

Article 14. Principles for Handling Violations

1. The forms of handling violations prescribed in this Circular do not replace the provisions of the law on administrative violation handling in the field of civil aviation.

2. Organizations and persons with authority must issue warning documents regarding prohibited actions, contents, and deadlines for rectifying violations, and the application of sanctions for failing to fully comply with the requirements to rectify violations.

Article 15. Handling Violations Against Organizations Operating in the Field of Air Transport

1. The Civil Aviation Administration of Vietnam issues the first warning immediately upon discovering that an organization has failed to perform or performed incompletely the corresponding responsibilities as stipulated in Articles 5, 6, 7, and 8 of this Circular.

2. An organization violating will be included in a list of enterprises that have not fully fulfilled the responsibilities related to air transport activities if it fails to implement or implements incompletely the second warning issued by the Civil Aviation Administration of Vietnam on the same matter; the Civil Aviation Administration includes the violating organization in the list at the time of issuing the third warning and removes it from the list once it has fully implemented the warning.

3. In addition to the form of handling violations as stipulated in Clause 2 of this Article, the violating organization may be suspended, have its permit, license, or certificate revoked according to the law.

Article 16. Handling Violations Involving Individuals Related to Air Cargo Transport Activitiesin the Field of Teachers and Educational Institution ManagersIndividuals involved in air cargo transportation activities

1. The Civil Aviation Authority of Vietnam shall issue a first warning immediately upon discovering that an individual has not fulfilled or has not fully fulfilled the corresponding responsibilities stipulated in Articles 11, 12, and 13 of this Circular.

2. An individual who violates the regulations shall be notified in writing by the Civil Aviation Authority of Vietnam regarding their management, supervisory, and direct operational control capabilities in air cargo transport activities if they fail to fulfill or fully fulfill the second warning issued by the Civil Aviation Authority of Vietnam on the same matter.

3. For individuals holding positions in charge of specialized fields approved by the Civil Aviation Authority of Vietnam in accordance with the regulations, if they fail to fulfill or fully fulfill the second warning issued by the Civil Aviation Authority of Vietnam on the same matter, they shall be required to vacate the position that was approved.

4. For individuals who are aviation employees, in addition to the violation handling measures prescribed in Clauses 2 and 3 of this Article, violators shall also be subject to the provisions of their organization and special disciplinary regulations for aviation employees; their licenses may be suspended or revoked in accordance with the law.

5. In addition to the handling measures prescribed in Clauses 2 and 3 of this Article, other individuals who violate the regulations shall also be subject to the provisions of their organizations.

Article 17. Handling Violations Involving Officials, Civil Servants, and Public Employees

Depending on the type of individual and the severity of the violation, officials, civil servants, and public employees shall be subject to criticism and disciplinary action according to the laws governing officials, civil servants, and public employees.

Article 18. Competence to Handle Violations

1. The Minister of Transport shall decide on the handling of violations involving the Director of the Civil Aviation Authority of Vietnam and other subjects within his authority.

2. The Director of the Civil Aviation Authority of Vietnam:

a) Shall decide on the handling of violations involving the Directors of Airports and other subjects within his authority;

b) Shall issue warnings, notifications, or requests as prescribed in this Circular;

c) Shall issue and revoke the list prescribed in Clause 2 of Article 15 of this Circular.

3. The Director of Airports:

a) Shall decide on the handling of violations involving individuals under the jurisdiction of Airports and other subjects within his authority;

b) Shall issue warnings as prescribed in this Circular.

4. The Head of Inspection Teams or authorized persons must promptly report in writing about the violations of organizations and individuals to the competent authorities for handling in accordance with the relevant laws.

5. The head or legal representative of an organization shall handle violations involving individuals within the organization in accordance with the law and the organization's regulations.

 

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Circular takes effect from March 1, 2016.

Article 20. Implementation

The Chief of the Ministry’s Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Civil Aviation Authority of Vietnam, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.