What are administrative fines for failure to carry an unexpired aviation staff license when performing duties in Vietnam? - Huu Thanh (Nam Dinh).
Pursuant to Article 16 of the Decree 162/2018/NĐ-CP (amended by Clause 8.a Article 3 of the Decree 123/2021/NĐ-CP) stipulating administrative fines for failure to carry an unexpired aviation staff license when performing duties in Vietnam as follows:
Offences against regulations on work performance as per work instruction manual, work performance procedure and job requirements
1. A fine ranging from VND 500,000 (five hundred thousand) to VND 1,000,000 (one million) shall be imposed for committing one of the following violations:
a) Failure to carry an unexpired medical certificate when performing duties;
b) Failure to carry an unexpired aviation staff license when performing duties;
c) Performing duties over the prescribed working hours or failure to get enough rest hours as prescribed, except flight crewmembers, air traffic controllers, aircraft and its equipment maintenance and repair staff;
d) Failure to meet requirements or conditions for aviation staff when performing duties.
Pursuant to Clause 1 Article 3 of the Decree 162/2018/NĐ-CP stipulating as follows:
1. Fines specified in Chapter II hereof are imposed on violating organizations, except fines specified in Clauses 1, 2, 3, and 4 of Article 6, Points i and k Clause 1 Article 7, Clauses 1, 2, 3, 4, 5 Article 8, Clauses 1, 2, 4, 5, 6 Article 9, Clauses 1, 2 and Points a, b Clause 5 Article 10, Clauses 1, 2, 3, 4 and Point g Clause 5 Article 11, Clause 1 Article 12, Points b, c Clause 1 and Points a, c Clause 2 Article 14, Clauses 1, 2 and Points a, d, dd Clause 3, Clauses 4, 5 Article 15, Clauses 1, 2, 3, 4, 5, 6 Article 16, Clauses 1, 2 Article 17, Clause 1 and Points a, b, d Clause 2 Article 18, Clauses 1, 2 Article 19, Clauses 1, 2, 3, 4, 5, 6 Article 21, Clauses 1, 2 Article 24, Clauses 1, 2, 3 Article 25, Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 26, Points a, b, dd Clause 1 Article 27, Clauses 1, 2, 3 and Point a Clause 4, Point b Clause 5 Article 28, Clauses 1, 2, 3 Article 30 hereof, which shall be imposed upon violating individuals. The fine incurred by an organization is twice as much as that incurred by an individual for committing the same administrative violation.
As regulations above, a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to carry an unexpired aviation staff license when performing duties in Vietnam.
Pursuant to Article 10 of the Circular 10/2018/TT-BGTVT (amended by Clause 5 Article 1 of the Circular 35/2021/TT-BGTVT) stipulating contents of aviation staff license in Vietnam as follows:
Aviation staff license1. The aviation staff license will be issued to an individual if he/she satisfies the regulations specified in Article 8 of this Circular and passes the assessment test to be issued with the aviation staff license and rating by the Civil Aviation Authority of Vietnam.
2. An aviation staff license includes the following contents:
a) The official name of the Socialist Republic of Vietnam;
b) The licensing authority;
c) Name of the license;
d) License number;
d) Date of issue, effective period of the license (if any);
e) Full name, date of birth, place of birth, address and nationality of the licensee;
h) Signature of the licensee and seal of the licensing authority;
i) The licensee’s photo bearing the affixed seal;
k) Other requirements mentioned in legislative document about aviation.
3. The titles of aviation staff specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 Article 6 of this Circular must carry their aviation staff license upon performance of their tasks.
4. The aviation staff other than those specified in Clause 3 of this Article must carry an appropriate professional certificate upon performance of their tasks.
As regulations above, contents of aviation staff license in Vietnam are:
- The official name of the Socialist Republic of Vietnam;
- The licensing authority;
- Name of the license;
- License number;
- Date of issue, effective period of the license (if any);
- Full name, date of birth, place of birth, address and nationality of the licensee;
- Signature of the licensee and seal of the licensing authority;
- The licensee’s photo bearing the affixed seal;
- Other requirements mentioned in legislative document about aviation.
Pursuant to Article 12 of the Law on Vietnam Civil Aviation 2006 stipulating prohibited acts in civil aviation in Vietnam as follows:
+ Using aircraft, aircraft engines, aircraft propellers and air navigation facilities and equipment without appropriate permits;
+ Performing duties of aviation personnel without appropriate permits and certificates;
+ Dropping equipment, items or other articles from aircraft in the air, thus affecting the safety of air navigation, environment and people's life;
+ Flying into restricted or prohibited zones in contravention of regulations;
+ Causing interference to, misusing and exploiting radio frequencies exclusively reserved for civil aviation activities;
+ Damaging the system of signals, facilities, equipment, flight information and management stations, other facilities and equipment in airports and airfields or controlling or putting ground facilities failing to meet technical conditions into operation in the flight zones;
+ Building architectural works, installing facilities and equipment or planting trees that may affect air navigation and the operation of facilities and equipment used in airspace and flight management;
+ Building works in airports or airfields and their adjacent areas or installing facilities and equipment causing a lot of smoke, dust, fire or exhaust gas or building shooting ranges or works, installing other facilities and equipment that may affect the safety of flight and the operation of facilities and equipment in airports or airfields;
+ Installing and using in airports or airfields or their adjacent areas lamps, beacons, signs, signals or objects that may affect aircraft takeoffs and landings at airports or airfields or the identification of airports or airfields;
+ Feeding or rearing birds, cattle or poultry in the areas of airports or airfields;
+ Illegally interfering in civil aviation activities;
+ Taking weapons, inflammables, explosives and other dangerous things on board aircraft, into airports, airfields or other restricted zones in contravention of regulations;
+ Destroying, damaging, deforming, displacing markers, separators, signal-bearing objects and protective objects in airports and airfields; damaging signs and equipment used for the identification of airports or airfields;
+ Endangering the safety of air navigation, endangering the life, health and property of other persons on board aircraft;
+ Acts of unfair competition and other banned acts of competition restriction.
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