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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2001/ND-CP
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Hanoi
, January 04, 2001
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
CIVIL AVIATION
THE GOVERNMENT
Pursuant to the September 30,
1992 Law on the Organization of the Government;
Pursuant to the December 26, 1991 Law on Vietnam Civil Aviation and the April
20, 1995 Law Amending and Supplementing a Number of Articles of the Law on
Vietnam Civil Aviation;
Pursuant to the July 6, 1995 Ordinance on Sanctioning Administrative
Violations;
At the proposal of the Director of Vietnam Civil Aviation Department,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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2. The administrative violations
in the field of civil aviation prescribed in this Decree shall include:
a) Violations in flight
operation activities;
b) Violations in flight
management activities;
c) Violations in air transport
activities;
d) Violation of regulations on
transport sale, freight and booking services;
e) Violations in airport
operation activities.
Article 2.-
Application objects
1. All organizations and
individuals committing acts of administrative violation in the field of civil
aviation in the Vietnamese territory and the airspace under Vietnam’s
management responsibility shall be sanctioned according to the provisions of
this Decree.
2. Foreign organizations and
individuals committing administrative violations in the field of civil aviation
shall be sanctioned according to the provisions of this Decree, except
otherwise provided for by the international treaties which Vietnam has signed
or acceded to.
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Article 3.-
Sanctioning principles
1. The sanctioning of
administrative violations in the field of civil aviation must comply with the
provisions of the Ordinance on Handling Administrative Violations and specific
provisions in this Decree.
2. The sanctioning of
administrative violations in the field of civil aviation must be effected by
competent persons prescribed in Articles 13,14 and 15 of this Decree.
3. All acts of administrative
violation in the field of civil aviation must be immediately stopped. The
sanctioning must be effected in a timely, just and fair manner; all
consequences caused by administrative violations must be quickly overcome in strict
compliance with the provisions of law.
Organizations and individuals
committing acts of administrative violation in the field of civil aviation and
causing material losses must compensate therefor according to the provisions of
law. The compensation for damage caused by administrative violations shall be
made under the agreement mutually reached among the concerned parties. For
damage with value reaching VND 1,000,000 on which the concerned parties cannot
reach agreement, the persons with sanctioning competence shall decide the
compensation level; damage valued at over VND 1,000,000 shall be settled
according to the civil procedures.
4. An act of administrative
violation shall be sanctioned only once. A person who commits many acts of
administrative violation shall be sanctioned for each violating act. Where many
persons committing one act of administrative violation, each of the violators
shall be sanctioned.
5. The sanctioning of
administrative violations in the field of civil aviation must be based on the
nature and seriousness of the violations, the personal backgrounds of the
violators and extenuating as well as aggravating circumstances before deciding
the appropriate sanctioning forms, measures and levels. The extenuating and
aggravating circumstances shall comply with the current law provisions as well
as the provisions in Articles 7 and 8 of the Ordinance on Handling of
Administrative Violations.
6. Administrative sanctions
shall not be imposed in cases of urgent circumstances, legitimate self-defense,
unexpected events or on individuals who have committed acts of violation while
suffering from mental or other diseases which deprive them of the capacity to
cognize and control their acts.
7. The retention of violation
cases with signs of criminal offenses for administrative sanction is strictly
forbidden.
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1. For each act of
administrative violation in the field of civil aviation, the violating
organization or individual shall be subject to one of the following principal
sanctioning forms:
a) Warning;
b) Fine.
2. Depending on the nature and
seriousness of their violations, the organizations and individuals committing
acts of administrative violation in the field of civil aviation shall also be subject
to one or all of the following forms of additional sanction:
a) Deprivation of the right to
use licenses;
b) Confiscation of material
evidences, means used for the administrative violations.
3. In addition to principal and
additional sanctioning forms prescribed in Clauses 1 and 2 of this Article, the
organizations and individuals committing acts of administrative violations in
the field of civil aviation may also be subject to one or all of the following
measures:
a) Forced restoration of the
initial state altered by acts of administrative violation or forced
dismantlement of illegally constructed works;
b) Forced overcoming of the
environmental pollution or epidemic spread, caused by acts of administrative
violation;
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d) Forced destruction of objects
which cause harm to people’s health, poisonous cultural products.
4. Principal and additional
sanctioning forms as well as measures for handling of each act of
administrative violation in the field of civil aviation are specified in
Chapter II of this Decree.
5. When the fining form is
applied, the fine levels must be commensurate to the nature and seriousness of
the violation acts; if extenuating circumstances are involved, the fine levels
can be reduced but must not be lower than the minimum level of the fine
bracket; if aggravating circumstances are involved, the fine levels may be
raised but must not be higher the maximum level of the fine bracket.
Article 5.-
Statute of limitations for sanctioning
1. The statute of limitations
for sanctioning an administrative violation in the field of civil aviation
shall be one year from the date the act of administrative violation is
committed, except for cases prescribed in Clauses 2 and 3 of this Article.
2. The two-year sanctioning time
limit counting from the date of committing the act of administrative violation
shall apply to acts of violating the regulations on freight, aviation fees, the
construction and installation of works and equipment in service of civil
aviation activities.
3. For individuals who have been
prosecuted or given decisions to bring their cases to trial according to the
criminal procedures, then later receive decisions to suspend the investigation
or the cases, they shall be sanctioned for administrative violations if signs
of administrative violations are detected. The statute of limitations for
sanctioning in this case shall be three months counting from the date the
suspension decision is issued.
4. Past the time limits stated
in Clauses 1,2 and 3 of this Article, no sanction shall be imposed but the
following measures can be applied:
a) Forced restoration of the
initial state altered by acts of administrative violation or forced dismantlement
of illegally constructed works;
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c) Forced destruction of objects
which cause harms to people’s health, poisonous cultural products.
5. Within the time limits
prescribed in Clause 1,2 and 3 of this Article, if violating organizations or
individuals commit new acts of administrative violations or deliberately shirk
or obstruct the sanctioning, the sanctioning time limit shall be counted from
the time of committing the new acts of administrative violation or from the
time of shirking or obstructing the sanctioning.
Article 6.-
Duration for being considered as having not yet been sanctioned
Organizations and individuals
sanctioned for administrative violations in the field of civil aviation shall
be regarded as having not yet been sanctioned for administrative violations, if
past one year after they have completely served the sanctioning decisions or
the expiry of the effect for implementing the sanctioning decisions they do not
relapse into violations.
Chapter II
ACTS OF VIOLATION,
SANCTIONING FORMS AND LEVELS
Article 7.-
Violations in flight operation activities
1. A fine of between VND
20,000,000 and 50,000,000 for one of the following acts:
a) Putting to use aircraft,
engines and aircraft equipment which require permits but without having the
permits granted by competent State bodies or violating regulations in the
granted permits;
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2. A fine of between VND
10,000,000 and 20,000,000 for one of the following acts:
a) Conducting flights over the
Vietnamese territory without adequate flight crew members under the laws of
countries where the aircraft are registered;
b) Flying aircraft without
nationality signs and registration signs over Vietnamese territory;
c) Having no valid certificates
of flight qualifications in conformity with the regulations of countries of
aircraft registration and with the standards recognized by Vietnam;
d) Violating the regulations on
installation and use of radio equipment on the aircraft or radio equipment on
the ground for contact with aircraft within the Vietnamese territory;
e) Providing maintenance, repair
service or conducting experiment of aircraft, engines and equipment on aircraft
without the permission of the competent State bodies or violating the
regulations in the granted permits.
3. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
a) Breaching the rules of flight
preparation, flight procedure clearance and flight planning;
b) Dropping equipment, objects
into the air, causing flight unsafety;
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d) Breaching the regulations on
carrying diplomas, certificates, papers, documents when operating aircraft and
aviation technical equipment;
e) Breaching the regulations of
diplomas and certificates or failing to satisfy the requirements on papers and
documents when operating aircraft and aviation equipment;
f) Failing to report in time on
accidents, serious technical problems of aircraft and aviation equipment;
g) Breaching the regulations on
aviation safety and security inspection procedures.
4. A fine of between VND 500,000
and 2,000,000 for one of the following acts:
a) Breaking the order,
discipline in aircraft, failing to obey the orders of flight captains while
aircraft are in flight;
b) Failing to notify in time the
information on aircraft accidents to local administration, the nearest search
and rescue organizations or aviation organizations;
c) Failing to perform the
obligation of helping the search and rescue of people, preserving the aircraft
in distress and the property thereon.
5. Warning or a fine of between
VND 200,000 and 1,000,000 for acts of hindering or failing to implement the
requirements of competent State bodies which inspect the flight operation
activities.
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a) Deprivation of the right to
use permits, diplomas, certificates for up to 3 months, for acts of violation
prescribed at Point a, Clause 1, Points d and e, Clause 3, of this Article;
b) Deprivation of the right to
use permits for up to 6 months, for acts of violations prescribed at Point e,
Clause 2 of this Article.
7. Forced overcoming of consequences
caused by acts of violation prescribed at Point b, Clause 1 of this Article.
Article 8.-
Violations in flight management activities
1. A fine of between VND
20,000,000 and 50,000,000 for one of the following acts:
a) Conducting flights not yet
permitted by competent State bodies;
b) Arbitrarily altering the
flight itinerary, flight regimes without permission of the competent State
bodies, except force majeure cases;
c) Flying into forbidden,
restricted or dangerous zones without permission of competent bodies;
d) Supplying untruthful
information or committing deception when applying for flight permits;
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2. A fine of between VND
10,000,000 and 20,000,000 for one of the following acts:
a) Performing the take-off
and/or landing of international flights at domestic airports without permission
of competent State bodies;
b) Failing to notify the
flight-permitting agencies of the arbitrary cancellation of flights already
granted permits;
c) Performing the landing at
places not prescribed in the flight permits, except for forced landing;
d) Conducting demonstration or
training flights over populated areas without permission of competent State
bodies.
3. A fine of between VND
5,000,000 and 10,000,000 for one of the following acts:
a) Failing to keep to the
prescribed air routes;
b) Breaching modes of flight
practice;
c) Failing to observe the
regulations on cross-border flights;
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e) Failing to notify in time the
flight control agencies of the non-performance of flight tasks, flight plans or
the instructions of the flight control agencies;
f) Intervening in flight
operation activities without permission of competent persons.
4. A fine of between VND
2,000,000 and 5,000,000 for one of the following acts:
a) Performing the tasks in the
field of flight management (air traffic, air notice and aviation maps,
information, pilotage, supervision, airport emergency, search and rescue,
aviation meteorology) without valid diplomas or certificates granted by
competent bodies;
b) Operating specialized
equipment and means in the field of flight management when having not yet been
granted the operating permits as prescribed;
c) Violating the criteria and
conditions on exploiting, operating, repairing or adjusting specialized
equipment in the field of flight management;
d) Violating the criteria on
aviation clear span;
e) Appropriating or exploiting
radar or radio frequencies reserved exclusively for civil aviation without
permission of the competent State bodies.
5. Warning or a fine of between
VND 500,000 and 2,000,000 for one of the following acts:
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b) Photographing, filming from
the air, using electronic equipment or personal radio communication devices on
the aircraft without permission of competent State bodies.
6. Warning or a fine of between
VND 200,000 and 1,000,000 for acts of hindering competent State bodies from
inspecting the flight management activities or failing to abide by their
requirements
7. Forms of additional sanction:
Deprivation of the right to use
permit for up to 3 months, for acts of violation prescribed at Point b, Clause
2 of this Article.
8. Forced application of
measures to overcome the consequences and damage compensation, for acts of
violation prescribed at Points b and e, Clause 4 of this Article.
Article 9.-
Violations in air transport activities
1. A fine of between VND
50,000,000 and 100,000,000 for one of the following acts:
a) Transporting dangerous goods
such as weapons and ammunition, explosives, inflammable substances by aircraft
without permission of competent State bodies;
b) Transporting passengers,
cargoes, postal matters and parcels without permission of competent State
bodies or in violation of regulations in the granted permits.
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3. Warning or a fine of between
VND 500,000 and 2,000,000 for acts of taking people, luggage, cargoes, postal
matters, parcels and other objects onboard aircraft in contravention of the
prescribed procedures.
4. Warning or a fine of between
VND 200,000 and 1,000,000 for acts of hindering competent State bodies from
inspecting air transport activities or failing to abide by their requests.
5. Forms of additional sanction:
a) Deprivation of the right to
use permits for up to 6 months, for acts of violation prescribed at Point b,
Clause 1 of this Article;
b) Deprivation of the right to
use permits for indefinite time, for acts of violation prescribed in Clause 2
of this Article.
Article
10.- Violating the regulations on transport sale, freight and
booking services
1. A fine of between VND
10,000,000 and 20,000,000 for one of the following acts:
a) Conducting activities of
selling air transportation in Vietnam without permission or registration with
competent State bodies or in violation of the regulations stated in granted
permits;
b) Issuing secondary air bills
of lading without permission or registration with competent State bodies or in
violation of the regulations stated in granted permits;
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d) Conducting activities of
operating computerized booking systems in Vietnam without permission of
competent State bodies or in violation of the regulations stated in granted
permits;
e) Operating the exclusive place
management systems in Vietnam without registration with competent State bodies
or using the exclusive place management system in distributing services of
enterprises operating the computerized booking systems in Vietnam.
2. A fine of between VND
2,000,000 and 10,000,000 for one of the following acts:
a) Relocating booking offices
without permission of competent State bodies;
b) Failing to observe the regime
of reporting on air transport sale activities in Vietnam as prescribed;
c) Failing to fulfill the
prescribed obligations regarding the distribution of air transport products in
Vietnam when operating the computerized booking systems and using the
computerized booking services;
d) Performing the function of
representing foreign airlines in Vietnam without permission of or registration
with, competent State bodies or violating the regulations prescribed in the granted
permits.
3. Warning or a fine of between
VND 200,000 and 1,000,000 for acts of hindering competent State bodies from
inspecting activities of transport sale, freight and booking services or
failing to abide by their requests.
4. Forms of additional sanction:
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b) Confiscation of material
evidences, means used for violations, for acts of violation prescribed at Point
e, Clause 1 of this Article.
5. Forced compensation for
damage, for acts of violation prescribed at Point c, Clause 1 of this Article.
Article
11.- Violations in activities of operating airports
1. A fine of between VND
20,000,000 and 50,000,000 for one of the following acts:
a) Establishing, expanding or
renovating airports and/or airfields without permits issued by competent State
bodies or violating the regulations stated in granted permits;
b) Opening airports and/or
airfields for international aviation exchange without permits issued by
competent State bodies or violating the regulations stated in granted permits.
2. A fine of between VND
5,000,000 and 20,000,000 for one of the following acts:
a) Damaging signal systems, equipment,
communication stations, flight control stations, other equipment in the flight
zones;
b) Operating or putting into
operation in flight zones ground facilities and means which fail to satisfy the
technical conditions;
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3. A fine of between VND
1,000,000 and 5,000,000 for one of the following acts:
a) Damaging equipment or
facilities at airports;
b) Bringing weapons, inflammable
substances, explosives as well as other dangerous objects and substances into
restricted areas at airports without permission of competent State bodies;
c) Bringing people, luggage,
cargoes, postal matters, parcels and other objects, which have not yet gone
through air transport procedures and security check into restricted areas at
airports;
d) Destroying, damaging,
deforming or removing marker objects, partition objects, sign inscription
objects, protection objects at airports.
4. Warning or a fine of between
VND 500,000 and 2,000,000 for one of the following acts:
a) Damaging property, facilities
or equipment in parking lots of airports, air fields;
b) Operating means without
licenses or certificates or without permission of competent State bodies or
violating the regulations stated in granted permits, for activities in airport
areas (moving to and from not according to prescribed routes, lanes, beyond the
prescribed speeds or parking at wrong places);
c) Failing to pay fees for entry
into car parks of airports, airfields;
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e) Causing disorder or unsafety
for operations at car parks of airports, airfields;
f) Putting up things to attract
birds into airport areas;
g) Putting up advertising
placards and/or posters in airport areas without permits issued by competent
State bodies or violating the regulations stated in granted permits;
h) Conducting business and/or
service activities in airport areas without permits issued by competent State
bodies or violating the regulations stated in granted permits;
i) Breaching the regulations on
the use of identification cards, air security control cards and permits for
activities at airports;
j) Breaching the regulations on
placing signal lights, signs to recognize buildings, works in the vicinities of
airports;
k) Placing in airport areas
signs or equipment identical to those used for recognizing air fields;
l) Placing inflammable objects,
explosives in airport areas.
5. Warning or a fine of between
VND 200,000 and 1,000,000 for one of the following acts:
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b) Damaging signs to recognize
airports, airfields;
c) Tending buffaloes, cows,
domestic animals in areas of runways, taxiways, aircraft parks, security
margins of take-off and landing runways;
d) Hindering competent State
bodies from inspecting activities of airport and airfield operation or failing
to meet their requests.
6. Forms of additional sanction:
a) Deprivation of the right to
use permits for up to 6 months, for acts of violation prescribed in Clause 1 of
this Article.
b) Deprivation of the right to
use permits for indefinite time, for acts of violation prescribed at Points b,
d, g, h and i of Clause 4 of this Article.
7. Forced overcoming of
consequences or dismantlement of illegally constructed works and payment of compensation
for damage, if any, for acts of violation prescribed at Points a and c of
Clause 2, Points a and d of Clause 3, Points a, e, g, j, k and l of Clause 4
and Point b of Clause 5, of this Article.
Article
12.- Application of other legal documents on sanctioning administrative
violations
1. Acts of violating regulations
on order and security in airport areas shall be sanctioned under the provisions
at Point c, Clause 1 of Article 5, Point b, Clause 2 of Article 16, Point b,
Clause 1 of Article 17 of Decree No.49/CP of August 15, 1996 of the Government
on sanctioning administrative violations in the field of security and order.
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Chapter
III
SANCTIONING COMPETENCE
Article
13.- Competence of the People�s
Committees of various levels to sanction administrative violations
The presidents of the People’s
Committees of different levels have the sanctioning powers as prescribed in
Articles 26, 27 and 28 of the Ordinance on Handling of Administrative
Violations in the field of State management in localities related to civil
aviation activities.
Article
14.- Competence of specialized civil aviation inspectors to sanction
administrative violations
1. The specialized civil
aviation inspector general shall have the power:
a) To serve warning;
b) To impose fines of up to VND
20,000,000;
c) To strip the right to use
permits falling under his/her competence;
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2. Specialized civil aviation
inspectors, while on official duty, shall have the power:
a) To serve warning;
b) To impose fines of up to VND
200,000;
c) To confiscate material
evidences, means used for violations, with value of up to VND 500,000;
d) To apply measures prescribed
at Points a, b and d of Clause 3, Article 11 of the Ordinance on Handling of
Administrative Violations.
Article
15.- Competence of the police, customs and tax offices to sanction
administrative violations
Within their assigned functions,
tasks and powers, the police, customs or tax offices’ persons with competence
to sanction administrative violations shall have power to sanction
administrative violations in the field of civil aviation as provided for in
Articles 29, 30 and 32 of the Ordinance on Handling of Administrative
Violations and other relevant legal documents.
Article
16.- The principles for determining the sanctioning competence
1. The specialized inspectorates
may sanction administrative violations in the field of civil aviation, which
fall under the spheres of their management.
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Chapter IV
SANCTIONING PROCEDURES
Article
17.- Procedures for the application of form of principal sanction
1. Upon the detection of acts of
administrative violation in the field of civil aviation, the persons with
sanctioning competence must order the immediate cessation of such acts of
administrative violation.
2. Where the administrative violations
are sanctioned in form of warning, the persons with sanctioning competence
shall have to issue the sanctioning decisions on the spot according to simple
procedures prescribed in Article 46 of the Ordinance on Handling of
Administrative Violations.
3. Where administrative
violations are sanctioned in form of pecuniary penalty, the persons with
sanctioning competence must promptly make records on the administrative
violations as provided for in Article 47 of the Ordinance on Handling of
Administrative Violations. If the record makers have lower or no sanctioning
competence, they must promptly send the records and relevant dossiers to the
competent authorities so that the latter can issue the sanctioning decisions.
Within 15 days after making the
records on administrative violations, the competent persons shall have to issue
the sanctioning decisions as provided for in Article 48 of the Ordinance on
Handling of Administrative Violations. If many complicated circumstances are
involved, the above time limit may be prolonged, but must not exceed 30 days.
4. The sanctioning decisions
shall take effect from the dates they are signed or the date inscribed in the
decisions, but not more than 15 days after they are signed.
The sanctioning decisions must
be addressed to the sanctioned organizations or individuals and the fine
collecting bodies within 3 days after the issuance of sanctioning decisions.
The decisions on fines of VND 2,000,000 or more must also be sent to the
People’s Procuracy of the same level.
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6. The sanctioning persons are
forbidden to personally collect fines.
Article
18.- Procedures for stripping the rights to use permits
1. The procedures for stripping
the right to use assorted permits for civil aviation activities shall comply
with the provisions in Article 50 of the Ordinance on Handling of
Administrative Violations;
a) Persons with sanctioning
competence shall apply form of stripping the right to use permits when the
violating organizations and/or individuals deliberately refuse to stop their
violation acts or when there appears great possibility that they shall continue
their violations after the issuance of decisions to stop the violations;
b) Persons with sanctioning
competence, upon deciding to apply form of stripping the right to use permits,
must clearly inscribe in the sanctioning decisions the names, types and serial
numbers of the permits as well as the duration for stripping the right to use
permits, and at the same time must send written notification thereon to the
agencies which have granted such permits, clearly stating the reasons therefor
and the duration for stripping the right to use such permits;
c) Where it is deemed that the
permit types subject to deprivation of the right to use them or the right
deprivation duration to be applied are beyond their deciding competence, the
persons with sanctioning competence shall have to issue decisions to stop acts
of violation and request the superior sanctioning bodies or the agencies which
have granted such permits to issue decisions to strip the use right or withdraw
the permits.
2. Persons with sanctioning
competence shall decide to apply the form of stripping the right to use permits
for a given period of time in cases where they deem that the violating
organizations or individuals can apply remedial measures, limit the
consequences caused by their acts of violation, terminate the violations and eliminate
the causes and conditions for continued violations after a certain duration.
a) The applicable time of
stripping the right to use permits must be included in the time limits
prescribed for relevant violation acts and correspond to the duration necessary
for the violating organizations or individuals to overcome and limit the
consequences of the violations, satisfy all requirements prescribed in the
sanctioning decisions and eliminate all causes and conditions for continued
violations;
b) Upon the expiry of the time
limits inscribed in the sanctioning decisions, the competent persons who have
issued decisions to strip the right to use permits must return such permits to
the organizations and/or individuals that use such permits.
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4. Where permits are detected as
having been granted not according to competence, not in compliance with the
prescribed procedures or having contained illegal contents, the persons with
sanctioning competence shall have to immediately withdraw such permits and at
the same time promptly notify the permit-granting agencies and concerned
competent bodies thereof.
Article
19.- Procedures for confiscating and handling material evidences, means
used for committing acts of administrative violation
1. The procedures for
confiscating material evidences and means used for committing acts of
administrative violation in the field of civil aviation must comply with the
provisions in Article 51 of the Ordinance on Handling of Administrative
Violations.
2. The decisions on confiscation
of material evidences, means used for committing administrative violations with
the value of VND 5,000,000 or more must be sent immediately to the People’s
Procuracy of the same level.
3. The handling of material
evidences, means used for committing acts of administrative violations in the
field of civil aviation must comply with the provisions in Article 52 of the
Ordinance on Handling of Administrative Violations.
Article
20.- Execution of sanctioning decisions
1. Organizations and individuals
sanctioned for administrative violations in the field of civil aviation must
execute the sanctioning decisions within 5 days after they are given the
sanctioning decisions, except otherwise prescribed by law and clearly stated in
the sanctioning decisions. If past the above time limit the sanctioned
organizations and/or individuals fail to voluntarily execute the decisions, the
persons with competence to sanction the violations may apply coercive measures
for the execution thereof.
2. The forced execution and
application of measures for forced execution of sanctioning decisions must
comply with the provisions in Article 21 of this Decree and other provisions of
relevant legislation.
Article
21.- Forced execution of sanctioning decisions
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a) Deducting part of salaries or
part of incomes; deducting money from bank accounts;
b) Inventorying property with
value equal to the fine amounts for auction;
c) Other coercive measures for
the execution of sanctioning decisions.
2. Persons with competence to
sanction violations may issue decisions on forced execution and have to organize
the coercion.
3. The people’s police force
shall have to implement the coercion decisions of the People�s Committees of the same
level and have to coordinate with agencies having the competence to sanction
administrative violations as prescribed in this Decree in organizing the
execution of coercion decisions of such agencies when so requested.
4. Coerced organizations and
individuals shall have to bear all costs of organizing the implementation of
coercive measures.
Article
22.- Statute of limitations for execution of sanctioning decisions
A decision on sanctioning
administrative violations in the field of civil aviation shall no longer have
implementation effect after one year from the date the decision is issued; in
cases where the sanctioned organizations and/or individuals deliberately evade
or delay the execution thereof, the statute of limitations mentioned in this
Article shall not apply.
Chapter V
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Article
23.- Complaints, denunciations and the settlement thereof
1. Organizations and individuals
sanctioned for administrative violations in the field of civil aviation or
their lawful representatives may complain about decisions to sanction
administrative violations with the makers of such decisions.
a) The procedures for complaint
lodging and settlement of complaints about decisions to sanction administrative
violations in the field of civil aviation must comply with the provisions of
the legislation on complaints and denunciations;
b) Pending the results of
solving the complaints by competent bodies, the organizations and individuals
sanctioned for administrative violations in the field of civil aviation shall
still have to abide by the sanctioning decisions, except for case of forced
dismantlement of construction works;
c) In case of disagreeing with
the complaint settlement, the organizations and individuals sanctioned for
administrative violations in the field of civil aviation may initiate lawsuits
at administrative courts as prescribed by law.
2. Citizens may denounce to
competent State bodies acts of administrative violation in the field of civil
aviation committed by other organizations or individuals according to the
provisions of the legislation on complaints and denunciations
3. Citizens may denounce to
competent State bodies the illegal acts of persons competent to sanction
administrative violations in the field of civil aviation.
The settlement of citizens� denunciations shall comply
with the provisions of the legislation on complaints and denunciations.
Article
24.- Handling of violations
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2. Persons sanctioned for administrative
violations in the field of civil aviation, if committing acts of hindering or
opposing people on official duty, delaying or shirking the execution of
sanctioning decisions or committing other acts, shall, depending on the nature
and seriousness of their violations, be administratively handled or examined
for penal liability; if causing material damage, they shall have to compensate
therefor according to the provisions of law.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article
25.- Implementation effect
1. This Decree takes effect 15
days after its signing. The previous provisions on sanctioning administrative
violations in the field of civil aviation contrary to this Decree shall all be
annulled.
2. Pursuant to Clause 2, Article
108 of the December 26, 1991 Law on Vietnam Civil Aviation and the April 20,
1995 Law Amending and Supplementing a Number of Articles of the Law on Vietnam
Civil Aviation, the levels of sanction against administrative violations in the
field of civil aviation shall be adjusted for application according to this
Decree.
Article
26.- Responsibility for implementation organization
1. The director of the Vietnam
Civil Aviation Administration shall have to guide the implementation of this
Decree.
2. The ministers, the heads of
ministerial-level agencies, the heads of agencies attached to the Government
and the presidents of the People�s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai