Decree No. 91/2007/ND-CP On Administrative Sanctions for Violations in the Civil Aviation Sector

 

 

DECREE

On administrative penalties for violations in the civil aviation sector

_____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Transport.

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the acts of violation, forms and levels of penalties, authority and procedures for handling administrative violations in the civil aviation sector.

2. Administrative violations in the civil aviation sector are acts that violate the provisions of civil aviation laws by organizations and individuals intentionally or negligently without reaching the level of criminal prosecution and according to the law must be subject to administrative penalties, including:

a) Violations concerning aircraft;

b) Violations concerning civil airports and airfields;

c) Violations concerning aviation personnel;

d) Violations concerning flight activities;

đ) Violations concerning air transport and general aviation activities;

e) Violations concerning aviation security.

3. Administrative violations at civil airports and airfields regarding public order, sanitation, environmental impact, fire prevention and extinguishing, advertising shall be penalized in accordance with the provisions of the law on handling administrative violations in the fields of public order, social safety, environmental protection, health, and culture.

 Article 2. Applicability

1. Organizations and individuals committing administrative violations in the civil aviation sector shall be punished in accordance with this Decree and other relevant provisions of the law on handling administrative violations.

2. The handling of administrative penalties against minors who commit administrative violations in the civil aviation sector shall be carried out in accordance with Clause 1 and Clause 3 of Article 7 of the Administrative Violation Handling Ordinance 2002 (hereinafter referred to as the Ordinance).

Article 3. Principles of administrative penalty

1. The handling of administrative penalties in the civil aviation sector shall be carried out in accordance with the principles stipulated in Article 3 of the Ordinance.

2. The handling of administrative penalties in the civil aviation sector must be implemented by persons authorized under Articles 13, 14, 15, and Clause 1 of Article 16 of this Decree.

3. Mitigating and aggravating circumstances in the civil aviation sector are prescribed in Articles 8 and 9 of the Ordinance.

4. No administrative penalty shall be imposed on violations occurring in situations of emergency, self-defense, unexpected events, or administrative violations while suffering from mental illness or other diseases causing loss of capacity to recognize and control behavior.

Article 4. Forms of administrative penalty

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

a) Warning;

b) Fine.

When imposing a fine, the specific amount of the fine for an individual violating an administrative act is the average fine within the fine range prescribed for that violation. In cases where mitigating circumstances exist, the fine may be reduced but not below the minimum limit of the fine range. In cases where aggravating circumstances exist, the fine may be increased but not above the maximum limit of the fine range.

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

a) Revocation of the right to use licenses, certificates, and professional qualifications;

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

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

a) Compelling restoration to the original state altered due to the administrative violation or compelling demolition of unauthorized construction works;

b) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by the administrative violation;

c) Compelling removal from Vietnam or re-exporting goods, items, and means;

d) Compelling destruction of harmful items affecting human health, animals, and plants, and harmful cultural products;

đ) Being denied transportation for a limited or unlimited period.

Article 5. Statute of Limitations for Administrative Offenses

1. The statute of limitations for administrative offenses in the civil aviation sector is one year, counted from the date of committing the administrative offense, except for cases stipulated in Clauses 2 and 3 of this Article.

2. The statute of limitations for administrative offenses related to pricing, fees, charges in civil aviation, construction projects, and installation of equipment serving civil aviation activities or affecting civil aviation activities is two years, counted from the date of committing the administrative offense.

3. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal proceedings, but later have a decision to terminate the investigation or terminate the case where the violation has signs of an administrative offense in the civil aviation sector, they will be subject to administrative punishment; within three days from the date of issuing the decision to terminate the investigation or terminate the case, the person issuing the decision must send the decision to the authority with the power to impose administrative punishment; in this case, the statute of limitations for administrative punishment is three months, counted from the date the authority with the power to impose administrative punishment receives the decision to terminate the investigation and the case file.

4. Within the time limit prescribed in Clauses 1, 2, and Clause 3 of this Article, if individuals or organizations commit new violations in the civil aviation sector or intentionally evade or obstruct the punishment, then the statute of limitations prescribed in Clauses 1, 2, and Clause 3 of this Article shall not apply; the statute of limitations for administrative punishment in the civil aviation sector shall be recalculated from the date of committing the new administrative offense or the date when the act of evading or obstructing the punishment ends.

Article 6. Time Considered as Not Having Been Punished

Individuals or organizations that have been punished for administrative offenses in the civil aviation sector, if more than one year has passed since the completion of the execution of the administrative punishment decision or from the expiration of the enforcement period of the administrative punishment decision without reoffending, shall be considered as not having been administratively punished in the civil aviation sector.

Chapter II

FORMS AND AMOUNTS OF ADMINISTRATIVE PUNISHMENTS FOR VIOLATIONS IN THE CIVIL AVIATION SECTOR

Article 7. Violations of Regulations on Aircraft

1. A fine of from 200,000 VND to 1,000,000 VND for each of the following acts:

a) Failing to comply with the procedures for preparing flights and handling flight formalities as specified in Point c Clause 3 of this Article;

b) Accidentally damaging aircraft, aircraft engines, propellers, or aircraft equipment;

c) Stealing items or property on board the aircraft.

2. A fine of from 1,000,000 VND to 5,000,000 VND for each of the following acts:

a) Conducting flights over Vietnamese territory without sufficient crew members in accordance with the laws of the state of registration of the aircraft or the operating state of the aircraft;

b) Operating aircraft not in compliance with noise limits and engine emissions regulations.

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

a) Providing design, production, maintenance, or testing services for aircraft, engines, propellers, and equipment on board aircraft not in accordance with the provisions of the issued permit;

b) Failing to comply with maintenance regulations;

c) Failing to comply with the procedures for preparing flights and handling flight formalities, thereby threatening flight safety;

d) Not carrying all required documents and materials on board the aircraft as prescribed.

4. A fine of from 10,000,000 VND to 20,000,000 VND for each of the following acts:

a) Failing to comply with or not complying with the provisions of the issued permits or certificates for aircraft operators, aircraft, engines, and propellers;

b) Importing aircraft not in compliance with age regulations;

c) Failing to comply with or not complying with the provisions of the issued permits for radio equipment installed on board the aircraft;

d) Providing design, production, maintenance, or testing services for aircraft, engines, propellers, and equipment on board aircraft without a permit;

đ) Using aircraft under lease or sublease contracts without approval from the competent state authorities;

e) Producing or importing into Vietnam aircraft, engines, and propellers not in compliance with the corresponding Aircraft Type Certificate issued or recognized by the competent authority;

g) Failing to purchase civil liability insurance for third parties or purchasing it below the prescribed liability limit.

5. A fine of from 20,000,000 VND to 50,000,000 VND for each of the following acts:

a) Using aircraft, engines, and propellers requiring permits or certificates without such permits or certificates;

b) Painting or attaching nationality marks or registration marks on the aircraft not in compliance with regulations;

c) Intentionally damaging aircraft, engines, propellers, or equipment on board the aircraft;

d) Exporting or importing aircraft, engines, propellers, and parts not ensuring aviation safety or aviation security;

đ) Using imported aircraft, engines, propellers, and parts for non-aviation purposes in civil aviation activities;

e) Designating crew members or maintenance personnel without valid permits, professional certificates, or appropriate certificates.

6. Additional forms of punishment:

a) Revocation of the right to use certificates or permits for up to six months for violations as specified in Point a Clause 3, Point a, and Point c of this Article;

b) Confiscation of objects or means used to commit violations as specified in Point c Clause 1 and Point c Clause 5 of this Article.

7. Compelling the application of measures to remedy consequences for violations as specified in Point b Clause 1, Point b Clause 4, and Points c, d Clause 5 of this Article.

Article 8. Violations concerning civil airports and airfields

1. Warning or a fine from VND 100,000 to VND 200,000 for each of the following acts:

a) Accidentally damaging aviation equipment and facilities at the terminal or apron area;

b) Damaging aviation equipment and facilities in other restricted areas of the civil airport or airfield.

2. A fine from VND 200,000 to VND 1,000,000 for each of the following acts:

a) Providing air services at a civil airport or airfield without a contract concluded with the airport enterprise, except for services ensuring flight operations;

b) Providing non-air services at a civil airport or airfield not in accordance with regulations outside the provisions stipulated in point a, Clause 3, Article 8 of this Law;

c) Placing objects that attract birds and wild animals within the area of the civil airport or airfield.

3. A fine from VND 1,000,000 to VND 5,000,000 for each of the following acts:

a) Not implementing or improperly implementing regulations on ensuring aviation security and safety when operating at a civil airport or airfield;

b) Not reporting to competent state agencies annual and long-term production and business operation data and statistics on the exploitation of civil airports and airfields as prescribed;

c) Raising, releasing birds, livestock, or poultry within the area of the civil airport or airfield;

d) Operating vehicles, equipment, and facilities within the civil airport or airfield not in accordance with regulations.

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

a) Not registering the civil airport or airfield;

b) Not implementing or improperly implementing the provisions of the Service Provision License issued for the civil airport or airfield;

c) Causing damage, deformation, movement of marking, separation, signal, or protective objects at the civil airport or airfield;

d) Damaging signs or identification equipment at the civil airport or airfield;

đ) Intentionally damaging aviation equipment and facilities at the terminal or apron area;

e) Putting into operation ground vehicles at the civil airport or airfield that do not meet technical conditions;

g) Hanging advertising signs, pasting posters, or propaganda materials within the area of the civil airport or airfield affecting civil aviation activities;

h) Arranging insufficient staff or arranging staff for positions requiring licenses, certificates, or qualifications without having appropriate licenses, certificates, or qualifications.

5. A fine from VND 10,000,000 to VND 20,000,000 for each of the following acts:

a) Not implementing or improperly implementing the provisions of the Airport Operation Certificate;

b) Operating the civil airport or airfield without meeting the required conditions;

c) Operating and providing services at the civil airport or airfield without an Airport Business License or Air Services Provision License issued by a competent authority;

d) Using land at the civil airport or airfield not in accordance with laws on civil aviation;

đ) Installing or using lights, signs, signals, or objects in the civil airport or airfield or adjacent areas that affect aircraft takeoff and landing at the civil airport or airfield or identification at the civil airport or airfield;

e) Constructing, renovating, upgrading, repairing works or installing equipment and facilities outside the provisions stipulated in point d, Clause 6, Article 8 of this Law that may affect flight safety or the operation of equipment and facilities at the civil airport or airfield without approval from a competent authority;

g) Flying kites or objects in the civil airport or airfield.

6. A fine from VND 20,000,000 to VND 50,000,000 for each of the following acts:

a) Constructing a civil airport or airfield or construction projects within the civil airport or airfield not in accordance with approved planning;

b) Operating a civil airport or airfield without an Airport Operation Certificate issued by a competent authority;

c) Not implementing or improperly implementing the provisions of the Airport Construction Permit;

d) Constructing, renovating, upgrading, repairing works or installing equipment and facilities within the civil airport or airfield without approval from a competent authority.

7. A fine from VND 50,000,000 to VND 100,000,000 for constructing a civil airport or airfield without a permit issued by a competent state authority.

8. Additional forms of punishment

a) Revocation of the right to use certificates or permits for up to six months for violations stipulated in point a, d, Clause 3, point b, Clause 4, points a, b, Clause 5, and point c, Clause 6, Article 8 of this Law;

b) Confiscation of objects or means used to commit violations stipulated in point b, Clause 1, point c, Clause 2, points d, đ, e, Clause 4, and points đ, e, g, Clause 5, Article 8 of this Law.

9. Compelling the application of measures to remedy consequences for violations stipulated in point a, b, Clause 1, points c, d, đ, g, Clause 4, points đ, e, Clause 5, points a, d, Clause 6, and Clause 7, Article 8 of this Law.

Article 9. Violations concerning aviation staff

1. Warning or a fine from 100,000 VND to 200,000 VND for aviation staff, except flight crew members, who fail to carry their license and health qualification certificate as prescribed.

2. A fine from 200,000 VND to 1,000,000 VND for failing to perform or performing incorrectly the duties of aviation staff as prescribed, except in cases stipulated at point d Clause 3 Article 8, point a Clause 3, point a, d, g, h Clause 4, point b, c Clause 5 Article 10, and point a Clause 3 Article 12 of this Decree.

3. A fine from VND 1,000,000 to VND 5,000,000 for each of the following acts:

a) Flight crew members failing to carry their license and health qualification certificate when on duty;

b) Performing duties without valid license, professional certificate, or health qualification certificate issued by competent authorities;

c) Forgery of license or professional certificate.

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

a) Failing to comply with regulations of the training institution's license for aviation staff;

b) Using aviation staff without a written labor contract.

5. A fine from 10,000,000 VND to 20,000,000 VND for organizing training or instruction for aviation staff without permission from competent state agencies.

6. Additional forms of punishment

a) Revoking the right to use certificates, licenses, or professional certificates for up to six months for violations stipulated in Clause 2 and point a Clause 4 of this Article;

b) Seizing objects and means used to commit violations stipulated in point c Clause 3 of this Article.

Article 10. Violations concerning flight operations

1. A fine of from 200,000 VND to 1,000,000 VND for each of the following acts:

a) Failing to promptly notify the air traffic service provider about the aircraft being unable to fly its assigned route, airway, airspace, entry or exit points, or unable to land at the designated airport due to objective reasons or emergency situations requiring immediate landing and other urgent situations;

b) Failing to promptly notify search and rescue service providers upon receiving signals, reports, or information about the aircraft being in distress or peril;

c) Failing to protect the aircraft, equipment, or items on board the aircraft involved in an incident or accident to assist in investigation;

d) Releasing kites or other flying objects outside airports affecting flight safety;

đ) Failing to promptly report to the appropriate air traffic service provider or provide assistance within their capacity when discovering people, transportation means, or property in distress outside the aircraft;

e) Accidentally damaging equipment ensuring flight operations;

g) Failing to submit evidence of aircraft incidents or accidents to the competent authority when requested.

2. A fine from 2,000,000 VND to 5,000,000 VND for each of the following acts:

a) Painting, marking, or installing warning lights for obstacles not in accordance with regulations;

b) Altering information, damaging inspection equipment, or other evidence related to aircraft incidents or accidents;

c) Failing to notify the flight permit issuing agency or air traffic service provider when not executing the flight mission or plan;

d) Intentionally concealing or failing to report aircraft incidents or accidents;

đ) Arranging insufficient or unqualified personnel for positions requiring licenses or professional certificates without such licenses or certificates;

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

a) Failing to comply with the provisions of the issued flight permit except for point h Clause 4, point c Clause 5 of this Article;

b) Flying over densely populated areas at unauthorized altitudes;

c) Constructing or installing technical facilities or equipment violating obstacle limitation surfaces outside airports;

d) Failing to comply with or improperly complying with the provisions of the permit issued for technical systems and equipment ensuring flight operations;

đ) Operating, maintaining, calibrating technical systems and equipment ensuring flight operations contrary to regulations;

e) Intentionally damaging equipment ensuring flight operations;

g) Causing interference, occupying, or overlapping radio frequencies reserved for civil aviation;

h) Using communication stations or other equipment that obstructs or affects the normal operation of aviation radio stations.

4. A fine of from 10,000,000 VND to 20,000,000 VND for each of the following acts:

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

b) Discharging fuel, releasing luggage, cargo, or other objects from the aircraft in violation of regulations;

c) Taking off from airports without clearance or failing to comply with clearance from air traffic service providers;

d) Conducting demonstration or practice flights over densely populated areas without authorization from competent state agencies;

đ) Providing false or misleading information when applying for flight permits;

e) Violating regulations on aerial photography, geological surveys, filming, demonstrations, testing, or using non-aircraft radio communication equipment;

g) Violating regulations on communication, control, and management of aircraft in flight;

h) Flying outside the permitted route, airway, airspace, entry or exit points;

i) The facility providing flight operation support and technical system, equipment lacking a permit issued by the competent authority as prescribed.

5. A fine from 50,000,000 VND to 100,000,000 VND for each of the following acts:

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

b) Entering prohibited, restricted, or dangerous airspace without permission from the competent authority or violating regulations on managing such airspace;

c) Landing at unauthorized locations.

6. Additional forms of punishment

a) Revoking the right to use licenses for up to six months for violations stipulated in point a, d, đ Clause 3 and point a, g Clause 4 of this Article;

b) Seizing objects and means used to commit violations stipulated in point d Clause 1, point e, g, h Clause 3 and point e Clause 4 of this Article.

7. Compelling the application of measures to rectify consequences for violations stipulated in point e Clause 1, point b Clause 2, point c, e, g Clause 3, point b Clause 4 of this Article.

Article 11. Violations concerning air cargo transportation activities

1. A fine of from 2,000,000 VND to 5,000,000 VND for each of the following acts:

a) Not reporting or providing statistical data on air cargo transportation to the competent authority;

b) Vietnamese airlines implementing cooperation related to air cargo transportation rights without approval from the competent state agency;

c) Engaging in agency sales activities for foreign airlines in Vietnam without a Certificate of Registration for Agency Sales Contracts issued by the competent authority or not complying with the provisions of the issued certificate;

d) Foreign airlines establishing representative offices or ticket sales offices in Vietnam without a permit for representative offices or ticket sales offices or not complying with the provisions of the issued permit;

đ) Not registering the air cargo transportation charter with the competent state authority.

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

a) Operating non-commercial air services without a Certificate of Registration for Non-Commercial Air Services issued by the competent authority;

b) Not complying with regulations on transporting dangerous goods by air;

c) Not fulfilling the carrier's obligations affecting the normal operation of airports;

d) Not signing contracts for common air service provision with organizations or individuals using such services.

3. A fine of from 10,000,000 VND to 20,000,000 VND for each of the following acts:

a) Engaging in air cargo transportation business without being granted the right to transport or violating the conditions of the granted air cargo transportation right; buying, selling, or transferring the air cargo transportation right;

b) Engaging in cargo handling services without a Certificate of Registration for Secondary Airway Bills or not complying with the provisions of the issued certificate;

c) Not complying with regulations on applying air cargo transportation tariffs;

d) Not complying with principles for operating computer reservation systems;

đ) Not purchasing civil liability insurance for passengers, baggage, cargo, or not adhering to the prescribed liability limit.

4. A fine of from 20,000,000 VND to 50,000,000 VND for each of the following acts:

a) Not implementing or implementing incorrectly the provisions of the Air Cargo Transportation Business License or Common Air Service Business License that has been granted;

b) Transporting luggage not accompanying passengers, except as provided for in Clause 2, Article 149 of the Civil Aviation Law of Vietnam;

5. A fine from 50,000,000 VND to 100,000,000 VND for each of the following acts:

a) Transporting dangerous goods without a Certificate of Qualification for Dangerous Goods Transportation by Air issued by the competent authority or recognized;

b) Transporting passengers, luggage, cargo, mail packages, letters without an Air Cargo Transportation Business License or engaging in commercial common air services without a Common Air Service Business License;

c) Transporting weapons, war equipment, nuclear waste without permission from the authorized person.

6. Additional forms of punishment

Revocation of the license for up to six months for violations stipulated in point c, d Clause 1, point b Clause 2, points a, b Clause 3 and point a Clause 4 of this Article.

7. Compelling the application of measures to remedy consequences for violations stipulated in point b Clause 2 of this Article.

Article 12. Violations concerning aviation security regulations

1. Warning or a fine from VND 100,000 to VND 200,000 for each of the following acts:

a) Using security control cards or identification cards for purposes and scopes not indicated on the cards;

b) Failing to comply with instructions from aviation security personnel when in restricted areas of airports;

2. A fine from VND 200,000 to VND 1,000,000 for each of the following acts:

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

b) Disrupting order and discipline on board aircraft, failing to follow instructions from flight crew members while the aircraft is in flight;

c) Assaulting or threatening civil servants, employees, or aviation staff performing their duties at airports and other restricted areas;

d) Assaulting or threatening passengers;

đ) Using narcotics, smoking in restrooms or other areas that may threaten aircraft safety;

e) Entering quarantine areas or boarding aircraft using another person's boarding pass or boarding card;

g) Renting, borrowing identification cards or security control cards to enter restricted areas at airports;

3. A fine from VND 1,000,000 to VND 5,000,000 for each of the following acts:

a) Bringing persons, luggage, cargo, mail, packages, letters, and other items that have not undergone aviation security screening into restricted areas at airports, or boarding aircraft;

b) Arranging insufficiently or improperly qualified personnel with required licenses or certificates to perform tasks requiring such qualifications;

c) Renting, lending, or forging identification cards or security control cards to enter restricted areas;

d) Assaulting or threatening flight crew members.

4. A fine of between five million and ten million Vietnamese dong shall be imposed for unauthorized entry into airports, airfields, and civilian aviation facilities and equipment.

5. A fine from VND 10,000,000 to VND 20,000,000 for each of the following acts:

a) Illegally entering aircraft;

b) Bringing other dangerous goods not specified in point a, Clause 6 of this Article onto aircraft and restricted areas in violation of regulations;

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 civilian aviation facilities and equipment; affecting the normal operation of civilian aviation;

6. A fine from VND 20,000,000 to VND 50,000,000 for each of the following acts:

a) Bringing weapons, ammunition, flammable materials, explosives, radioactive substances onto aircraft and restricted areas in violation of regulations;

b) Providing false information that may threaten the safety of aircraft in flight;

7. Additional forms of punishment

a) Revoking security control cards for violations specified in point a, Clause 3, point b, Clause 5, and point a, Clause 6 of this Article;

b) Seizing contraband and means used to commit violations specified in point a, Clause 1, points c, d, đ, e, g, Clause 2, points c, d, Clause 3, Clause 4, points a, b, Clause 5, and point a, Clause 6 of this Article;

8. Measures to remedy consequences

a) Being subject to a temporary or permanent refusal of carriage for violations specified in point c, Clause 5, and point b, Clause 6 of this Article;

b) Being ordered to take corrective measures for violations specified in Clause 4, points a, b, Clause 5, and point a, Clause 6 of this Article;

Chapter III

AUTHORITY TO IMPOSE PENALTIES

Article 13. Authority to impose penalties of the Chairpersons of People's Committees at all levels

The Chairpersons of People's Committees at all levels have the authority to impose penalties on administrative violations as stipulated in Articles 28, 29, and 30 of the Ordinance occurring within their local jurisdiction related to civilian aviation activities.

Article 14. The authority to impose administrative penalties of Civil Aviation Inspectors, Heads of Civil Aviation Inspection, and Heads of Civil Aviation Inspection under the Ministry of Transport

1. A Civil Aviation Inspector performing official duties has the right:

a) To issue warnings;

b) To impose a fine up to VND 200,000;

c) To confiscate objects and means used to commit administrative violations with a value up to VND 2,000,000;

d) To apply remedial measures prescribed at points a, b, and d, Clause 3, Article 4 of this Decree.

2. The Head of Civil Aviation Inspection has the right:

a) To issue warnings;

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

c) To revoke the right to use licenses, certificates, and cards related to aviation security;

d) To confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures prescribed at points a, b, d, and đ, Clause 3, Article 4 of this Decree.

5. The Director of the Port Marine Traffic Inspectorate, the Head of the Specialized Inspection Team of the Port Marine Traffic Inspectorate have the authority:

a) To issue warnings;

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

c) To revoke the right to use licenses, certificates, and cards related to aviation security;

d) To confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures prescribed at points a, b, d, and đ, Clause 3, Article 4 of this Decree.

Article 15. The authority to impose administrative penalties of Directors of Civil Aviation Port Authorities

1. To issue warnings.

2. To impose a fine up to VND 10,000,000.

3. To revoke the right to use licenses, certificates, and cards related to aviation security within their authority.

4. To confiscate objects and means used to commit administrative violations.

5. To apply remedial measures prescribed at points a, b, and d, Clause 3, Article 4 of this Decree.

Article 16. Principles for determining the authority to impose administrative penalties

1. State management agencies have the authority to impose administrative penalties in the field of civil aviation within their jurisdiction. In cases of imposing fines, the authority to impose penalties is determined based on the maximum amount of the fine prescribed for each specific violation.

2. In cases where an administrative violation falls within the authority to impose penalties of multiple persons, the person who first handles the case shall carry out the penalty.

3. In cases where a person commits multiple administrative violations, the authority to impose penalties shall be determined according to the following principles:

a) If the form and level of penalty prescribed for each violation all fall within the authority of the person imposing the penalty, then the authority to impose penalties still belongs to that person;

b) If the form and level of penalty prescribed for one of the violations exceed the authority of the person imposing the penalty, then that person must transfer the violation case to the competent authority with the power to impose penalties;

c) If the violations fall within the authority to impose penalties of multiple persons from different sectors, then the authority to impose penalties belongs to the Chairman of the People's Committee with the authority to impose penalties at the location where the violation occurred.

Article 17. Delegation of Authority to Impose Administrative Penalties

Persons authorized to impose administrative penalties as stipulated in Clause 2, Clause 3, Article 14, and Article 15 of this Decree may delegate such authority to their deputies. The delegation shall be carried out in accordance with Article 41 of the Ordinance and Article 14 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Ordinance.

Chapter IV

PROCEDURES FOR IMPOSING PENALTIES

Article 18. Procedures for Applying Principal Forms of Penalties

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

2. In cases of warning or imposing a fine up to VND 100,000, the person authorized to impose penalties shall issue a penalty decision on the spot according to the simplified procedure prescribed in Article 54 of the Ordinance.

3. In cases of imposing an administrative penalty in the form of a fine exceeding VND 100,000, the person authorized to perform official duties must prepare an administrative violation record according to Article 55 of the Ordinance; if the person preparing the record does not have the authority to impose administrative penalties, they must submit the record and related files to the person with the authority to issue a penalty decision.

4. The deadline for issuing a penalty decision is ten days from the date of the administrative violation record; for complex administrative violation cases, the deadline for issuing a penalty decision is thirty days. In cases requiring additional time for investigation and evidence collection, the person authorized must report in writing to their direct superior requesting an extension; the extension must be in writing and cannot exceed thirty days. Beyond this period, the person authorized to impose penalties may not issue a penalty decision; even without issuing a penalty decision, remedial measures prescribed in this Decree can still be applied.

5. When deciding to penalize a person committing multiple administrative violations, the person authorized shall issue only one penalty decision in which the form and level of penalty for each violation are decided; if the forms of penalties are fines, they shall be combined into a total fine.

6. The penalty decision takes effect from the date of signature, except when the decision specifies a specific effective date. The decision must be sent to the organization or individual being penalized and the agency collecting the fine within three days from the date of the penalty decision.

7. Organizations or individuals fined must pay the fine to the National Treasury as prescribed.

8. The model of the administrative violation record and the model of the administrative penalty decision are prescribed in Government Decree No. 134/2003/NĐ-CP dated November 14, 2003.

Article 19. Procedure for Revoking the Right to Use Licenses, Certificates, Professional Certificates, and Air Security Control Cards

The procedure for revoking the right to use licenses, certificates, professional certificates, and air security control cards shall be carried out in accordance with the provisions of Article 59 of the Ordinance and Article 11 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

Article 20. Procedure for Seizing and Handling Contraband Items and Means of Administrative Violations

1. The procedure for seizing contraband items and means of administrative violations in the civil aviation sector shall be carried out in accordance with the provisions of Article 60 of the Ordinance and Article 12 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

2. The handling of contraband items and means of administrative violations in the civil aviation sector must comply with the provisions of Article 61 of the Ordinance and Articles 32, 33, and 34 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

Article 21. Transfer of Case Files of Violations Indicating Criminal Offenses for Criminal Prosecution

In cases where a violation is considered to impose a penalty, if it is found that the violation indicates a criminal offense, or if a decision on punishment has been made and subsequently it is discovered that the violation indicates a criminal offense before the statute of limitations for criminal prosecution expires, then the penalty decision must be revoked and the case file transferred to the competent criminal prosecution authority in accordance with the provisions of Article 62 of the Ordinance.

Article 22. Enforcement of Administrative Violation Penalty Decisions

1. Individuals and organizations penalized for administrative violations in the civil aviation sector must enforce the penalty decision within ten days from the date they receive the penalty decision. If individuals or organizations fail to voluntarily enforce the penalty decision beyond this period, they will be subject to compulsory enforcement in accordance with the law.

2. Individuals penalized with a fine of VND 500,000 or more may have their payment of the fine deferred according to the provisions of Article 65 of the Ordinance.

Article 23. Compulsory Enforcement of Administrative Violation Penalty Decisions

1. Individuals and organizations penalized for administrative violations who do not voluntarily enforce the penalty decision will be subject to compulsory enforcement measures as stipulated in Clause 1 of Article 66 of the Ordinance.

2. The procedure for applying compulsory enforcement measures for administrative violation penalty decisions in the civil aviation sector shall be implemented in accordance with Clauses 2, 3, 4, 5, and 6 of Article 66 of the Ordinance and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government regarding the procedures for applying compulsory enforcement measures for administrative violation penalty decisions.

3. The Director of the Ministry of Transport's Inspectorate decides on and organizes the compulsory enforcement of administrative violation penalty decisions in the civil aviation sector issued by themselves and subordinate levels.

4. The Director of Civil Aviation Inspection decides on and organizes the compulsory enforcement of administrative violation penalty decisions in the civil aviation sector issued by themselves, subordinate levels, and the Directors of Civil Aviation Port Authorities.

Article 24. Statute of Limitations for Enforcing Administrative Violation Penalty Decisions

The statute of limitations for enforcing administrative violation penalty decisions is one year, calculated from the date of issuance of the penalty decision. In cases where individuals or organizations penalized deliberately evade or delay enforcement, the statute of limitations is recalculated from the date such evasion or delay ends.

The statute of limitations for enforcing an administrative penalty decision is one year, commencing from the date of the penalty decision. In cases where individuals or organizations deliberately evade or delay compliance with the penalty, the aforementioned limitation period shall be recalculated from the date when such evasive or delaying actions cease.

Chapter V

COMPLAINTS, ACCUSATIONS, LITIGATION, AND VIOLATION HANDLING

Article 25. Complaints, Reports, and Legal Actions

1. Individuals or organizations subject to administrative penalties in the field of civil aviation, or their legitimate representatives, have the right to file complaints about decisions on administrative penalties, decisions applying preventive measures, and ensuring the handling of administrative violations according to Clause 1 of Article 118 of the Ordinance and the Law on Complaints and Reports. During the time awaiting the resolution of the complaint by the competent authority, individuals or organizations subject to penalties must still comply with the penalty decision, except in cases where construction works are ordered to be dismantled.

2. Citizens have the right to report to state authorities with jurisdiction about unlawful acts in the imposition of administrative penalties in the field of civil aviation according to Clause 3 of Article 118 of the Ordinance and the Law on Complaints and Reports.

3. The authority, deadlines, procedures for complaints and reports, and the resolution of complaints and reports by citizens shall be implemented in accordance with the provisions of the law on complaints and reports.

4. Legal actions against decisions on administrative penalties, decisions applying preventive measures, and ensuring the handling of administrative penalties in the field of civil aviation shall be carried out in accordance with the provisions of the law on procedures for resolving administrative cases.

Article 26. Handling Violations

1. If the person authorized to impose administrative penalties in the field of civil aviation abuses power, harasses, tolerates, shields, fails to penalize, or imposes penalties untimely, improperly, or beyond their authority, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if causing damage to the State, citizens, or organizations, they must compensate according to the provisions of the law.

2. Individuals or organizations violating administrative regulations stipulated in this Decree who fail to voluntarily comply with the penalty decision shall be subject to compulsory enforcement; if they commit administrative violations and obstruct, resist public officials in the performance of their duties, or use deceitful or bribery methods to delay or evade inspection, supervision, or penalties imposed by the competent authority, they shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and abolishes Decree No. 01/2001/NĐ-CP dated April 1, 2001 of the Government on administrative penalties in the field of civil aviation.

Article 28. 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 and centrally governed city People's Committees are responsible for implementing this Decree./.