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THE GOVERNMENT.
Numbers: 147 /2013/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 30, 2013
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DECREE
V. It ' s a crime of crime in the field of civil aviation.
_____________________
The Law base. Nest Government on December 25, 200. 1 ()
The Law base. Oh. Vietnam Civil War on June 29, 2006;
The Law base. X Yeah. Why? Behavior violation Pup 20 months 6 20 1 2.
On the recommendation of the Minister of Transport,
Ch I'm The government has issued a decree on the sanctions. I'm In the civil aviation sector.
COMMON RULES
1. This decree rules on the behavior of administrative violations; the form, the penalty level, the remediation measure on each of the administrative violations; the authority to set the border, the authority to sanctiate, the degree of specific fines according to each title to the behavior. It ' s a major violation of civil aviation.
2. Administrative violations in other state management areas related to the non-civil aviation sector without regulation at this decree, the regulation of regulation in the regulatory Decree for administrative violation in that area is subject to the UN Security Council. The penalty.
What? 2. The subject is sentenced to administrative violations in the civil aviation sector.
Individuals, Vietnamese and private organizations, foreign organizations have a major violation of civil aviation in the territory of Vietnam, on board the registration of Vietnamese nationality, in the Vietnam-administered flight zone.
What? 3. Principles applicable
1. Administrative violations occur in the field of civil aviation specified in this Decree which is also specified in other administrative sanctions, which applies the provisions of this Decree to sanctipate.
2. The prescribed penalty for the prescribed violations at Chapter II of this decree is a fine for the individual. The amount of fines for the organization equals 02 times the amount of money for the individual.
3. The authority to sanct the administrative violation stipulated in Chapter III of this decree is the jurisdiction of the punishment for the individual. In the case of a fine, the jurisdiction is sentenced to the organization by 2 times the jurisdiction of the penalty against the individual.
What? 4. Form of punishment, the consequences of remediation
1. For each administrative violation in the field of civil aviation, the organization, personally subject to one of the primary punishment forms is the warning or fines or discharges of using the license, certificates of expertise from 4 months to 24 months.
2. Depending on the properties, the extent of the violation, organization, individual whose behavior may also be applied to one or the following additional forms of punishment:
a) The title of use of 1 to 3 months for: License to provide airline service; airline personnel licenses; expert certificate of airline staff; certificate of training facilities, aviation personnel training; certificate of sufficient base certification conditional assessment of the English-language presentation; paper certification facility health examiner; certificate of contract registration designation total agent, ticket sales agent; representative open office, ticket office, ticket office, ticket office, ticket office, ticket office, ticket office Secondary orders; transport licenses, hazardous waste management;
b) The suspension from 1 month to 3 months on the operation: Monitoring the health of the officer ' s aviation staff; check, evaluate the English proficiinables to the airline staff.
3. In addition to the main punishment form, additional sanctions, individuals, administrative violations may also be imposed on one or more of the following remediation measures:
a) To remove the element of violation on the flying boat;
b) The re-entry of the flying boat was imported into Vietnam;
c) Forcing the restoration of the original condition;
d) To remove the work, part of the construction work without a license or construction is not correct with the license;
) Forced to Remedy Environmental Pollution, Spread the Disease;
e) To return items, equipment or property stolen, appropriated or reimburse the amount equivalent to the value of the equivalent in the case of items, equipment or assets that have been consumed, fled, destroyed.
ADMINISTRATIVE VIOLATION, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.
Item 1
FLYING BOAT REGULATIONS
What? 5. Violation of the nationality of the flying boat
1. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) Take the flying boat to the extraction that the nationality signs or signs of registration of the aircraft mounted or painted on the flying boat is not correct;
b) Take the flying boat to the exploit that the sign is painted or mounted on the carrier with a confusing or confusing form with the registration sign of the nationality, the sign of registration of the flying boat.
2. Money from 30,000,000 to $50,000,000 for the individual who takes the ship to the airport without paint or signs of nationality, signs of registration.
3. Money from 40,000,000 to 60,000,000 people on the individual's behavior takes the ship to the extraction without a registration certificate.
4. Measure corrects:
The removal of the violation of the carrier element to the violation of the provisions of Article 1 of this.
What? 6. Violation of standard qualified criteria
1. Money from the 10,000,000 coins to 20,000,000 individuals with individuals with the use of electric radio equipment on the aircraft is not correct under the license used.
2. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) Production in Vietnam or imported into Vietnam the flying boat, the engine, the carrier ' s propeller without or not in accordance with the corresponding flying boat identification certificate provided by the competent authority or recognized authority;
b) Installation of radio-based radio equipment without a license to use a radio device;
c) The use of flying boats, engines, propellers, flight parts, are not the right purpose.
3. Money from 30,000,000 to $40,000,000 on individuals with the following behavior:
a) Take the flying boat to the extraction without a certificate of sufficient flight condition;
b) The spacecraft configuration error was approved; do not carry out technical instructions, exploit the authority to recognize, enact; no maintenance work on the maintenance vessel under the maintenance plan was approved; no repairs, engravation, etc. The carrier's failures were consistent with the standard, the ship's maintenance material was approved; no standard maintenance was maintained; the other flight conditions suitable for the aircraft configuration were approved.
4. Measure corrects:
The re-export of the aircraft was imported to Vietnam for violation of regulations at Point 2 This.
What? 7. Violation of maintenance, ship repair
1. Money from 30,000,000 to $40,000,000 to the organization with the following behavior:
a) No maintenance of the aircraft maintenance of the aircraft carrier organization; the factory and other conditions in the maintenance program documentation were approved by the state authority;
b) Not to maintain sufficient conditions on tools, instruments; spare parts, supplies; processes and other conditions in flight maintenance documentation which have been approved by the state authority;
c) Not to maintain sufficient equipment on equities, ground equipment for carrier maintenance according to equipment, carrier maintenance equipment has been approved by the state agency;
d) There is not enough maintenance, ship repair, engine, ship's propeller and the prescribed carrier equipment.
2. Money from 30,000,000 to $40,000,000 on individuals with the following behavior:
a) No aircraft maintenance, engines, propellers, equipment, equipment of the flying boat according to the approved maintenance program;
b) The maintenance of the flying boat, the engine, the propeller, the equipment, the carrier ' s equipment at the maintenance facility were not ratified.
3. Money from 40,000,000 to 60,000,000 co-organizations with unchecked conduct, maintenance equipment calibration, flight repairs, or inspection, maintenance equipment calibration, ship repair at the facility that is not permitted.
What? 8. Violation of flying boat mining
1. Money from 1,000,000 to 3,000,000 co-workers with the following behavior:
a) Do not follow instructions on the guarantee of order, security, aviation safety, anti-pathology defense of the flight member;
b) The unauthorized use of the equipment, the safety device on the carrier.
2. Penituation from 3,000,000 to $5,000,000 for the following behavior:
a) Smoking, even the electronic cigarette on board the ship;
b) Use electronic devices, carrier-based devices when not allowed;
c) The carrier's equipment is damaged.
3. Money from 10,000,000 to 20,000,000 people on the following behavior:
a) Open the illegal flying boat escape;
b) The commander of the carrier did not secure enough papers, documents according to the regulations;
c) Buy civil liability insurance or perform other guarantee measures for the third person on the ground not to the prescribed liability limit.
4. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) Take the flying boat into the harness with the equipment, the carrier ' s equipment does not have a suitable suitable certificate;
b) No civil liability insurance or the implementation of other guarantee measures for the third person on the ground;
c) Exploration of a lack of safety equipment by regulation;
d) Not enough papers, documents carried by ship by statute;
The system is not maintained, according to the approved document.
5. Money from 40,000,000 to 60,000,000 to the organization with the following behavior:
a) Not to maintain sufficient extraction conditions on the organization of the apparatus, equipment, equipment, monitoring of aircraft mining by regulation; not to maintain a career training program, flight maintenance program;
b) There is not enough extraction manual documentation;
c) Not to organize a prescribed safety management system.
6. fines of $40,000,000 to $50,000,000 for individuals with flying boat mining for commercial purposes without permission.
Item 2
PORT FOR AIR PORT, AIRPORT
What? 9. Violation of management regulations and airport port extraction, airports and airports
1. Money from 1,000,000 to 2,000,000 partners for the following behavior:
a) raising, dropping birds, cattle, poultry, pets in the port of aviation, airport;
b) Set, using objects, animals, insects to attract birds and animals into the port of aviation, the airport.
2. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) Destructive, Damaging, distorts, stout artifacts, stout, signal objects, protective objects at airports, airports; falsetto signs, damaging signs, airline recognition equipment, airports;
b) Wait, the unauthorized training in the harbor, the airport;
c) Not carrying out the accident report, the incident of aviation port extraction, the airport by regulation.
3. Money from 10,000,000 to 20,000,000 people on the following behavior:
a) Build, renovate, upgrade, repair works or install equipment, equipment at the port of aviation, the airport without notice or unapproved of the authority under the prescribed authority;
b) Release the device, supplies or other objects in the port of aviation, the airport;
c) Violation of the regulation of security assurance, safety upon construction, renovation, upgrade, process repair, installation of equipment at the port of aviation, airport and the vicinity of the port of aviation, airport;
d) Installation, use in the port of aviation, airports or adjacent port areas, airports of light types, signs, signals or objects that affect the flying boat landing, landing at the port of aviation, airport or the recognition of the port of cargo. No, the airport.
Construction, installation of structures, engineering equipment in airline ports, airports, or adjacent port areas, airport violation of flight management regulations;
e) Try to hide the accident, the accident of aviation port, airport.
4. Money from 20,000,000 to $40,000,000 on individuals with the following behavior:
a) Use the land at the port of aviation, the airport is not on purpose;
b) Transfer, transfer, gift, lease, mortgage, bail, capital, capital, capital, capital;
c) Sell, lease, mortgage, bail or capital by property owned by its possession attached to the leased land of the port of aviation, the airport without approval of the authority of the state authority;
d) Not installed or installed not enough warning lights, signs, signs, sea bans in the bay and other positions at the port of aviation, airport;
not setting or setting is not enough or not correct the way the stripes of the signal paint, instructions, warning in the flight zone by regulation;
e) Take the work to the extraction or stop logging of the work at the port of aviation, the airport without carrying out the procedure by regulation;
g) Building the work categories in the port of aviation, the airport is not consistent with the approved planning;
h) There is no or no sufficient documentation for the port of aviation, the airport; the safety management system documentation when mining the port of aviation, the airport;
i) There is no extraction and layout of the location of the flight site; the emergency port of the port, the airport is approved by the authority;
) No implementation or implementation of the renovation process, upgrading the port of aviation, the airport to ensure the elderly, who with disabilities approach.
5. Money from $40,000,000 to 60,000,000 to the airline's airline business, the airport has a non-sustained conduct that operates airline ports, airport operations; the airport's technical standards, airports; and equipment. Equipment and other factors according to the aviation port, the airport has been approved.
6. Money from 40,000,000 to $50,000,000 for the following behavior:
a) The airport of aviation, the airport with no airline mining certification, airport;
b) Build a port of aviation, the airport is not suitable for the approved planning.
7. Measure corrects:
a) Forcing Restoration Of The Initial State Of Regulatory Violations At Points a, b Clap 1 and Point 2 This Article;
b) The construction of the work, part of the construction work without a license or construction is not correct with the license for the specified infringes at point d, clause 3, Point 4, and Point 6 This Article.
What? 10. Violation of the provision of service provision at airline port, airport
1. A massive amount of money from 3,000,000 to five million partners for the following behavior:
a) Non-listed non-airline service price at the terminal and other limited areas of the port of aviation, airport; and
b) Non-registration of quality, product prices, non-air service at the terminal and other restricted areas at the port of aviation, airport with a competent authority;
c) Set up the advertising sea that affects the us, the station architecture; the impact on aviation safety, air security, fire prevention, traffic safety or violation of business rights;
d) Set up the billboard at the bay, location of the station ' s exit at the port of aviation;
Installing the beacon, the billboard, the laser light, and the lighting equipment that affected the flight operations in the air port, the airport.
e) Use leaflets, sounds to advertise in and outside the station affecting the normal operation of the port of aviation, the airport.
2. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) Advertising by balloon or other flying objects in the aviation port area, the airport; and
b) Advertising on the limited area of the port of aviation, airport, equipment at the airport airport, which affected the recognition of vehicles, equipment.
3. Money from $5,000,000 to 10,000,000 in airline sales, airports do not report statistics on air port mining, regulatory airports.
4. Money from 20,000,000 to 30,000,000 to the organization with the following behavior:
a) Allow for advertising in the aviation port area, the airport is not correct;
b) The designation of the enterprise provides airline service to the airline for the safety of aviation, air security without the authority to accept consent;
c) No maintenance of the aviation service business in terms of the legal capital; the organization of the apparatus; equipment, equipment, and the safety of aviation safety, aviation security by regulation.
5. Money from 30,000,000 to $40,000,000 to the organization with the following behavior:
a) Provide air service at the port of aviation, the airport without a license to provide air services;
b) Stop providing airline service disrupts civil aviation operations without informing the state agency with a regulatory authority;
c) There is no plan, the storm flood prevention approach;
d) No or not enough vehicles, storm-flood equipment, the ligament anterior cruciate system, which moored the flying boat at the planned flight deck yards;
not carrying out or performing no regulations on examination, maintenance of the site of the storm flood prevention equipment;
e) Not maintaining the safety management system in accordance with the approved document;
g) There is no control of taxi mining control; no publication or no implementation of the policy of selecting taxi carriers is given the concession to the port at the aviation port.
6. Money from 40,000,000 to $60,000,000 for the organization with the following behavior:
a) Not to organize a regulated safety management system;
b) Do not maintain sufficient airline port business, the airport on the charter capital; organization of the apparatus; equipment, equipment, and conditions needed to ensure air safety, air security.
7. Money from $40,000,000 to $50,000,000 for the individual's port of airline business, the airport without a license to the port, airport.
8. Additional execution form:
The title used a 1-month-to-3-month-long air service with a violation of the provisions of Article 4 of Article 4.
9. Measure corrects:
The restoration of the initial state of rules for violation of regulations at points c, d, e, e 1 and Point A 4 This.
What? 11. Violation of vehicle regulation, device operating in airline port, airport and airport.
1. A massive amount of money from 3,000,000 to five million partners for the following behavior:
a) Control of the vehicle does not keep the safe distance in the airport with other vehicles or with carrier-based aircraft;
b) The vehicle control over the safe zone for the carrier in the airport is too fast to be specified by 5 km/h to less than 10 km/h;
c) The driver of the cart pulls off the speed of regulation by pushing the flying boat;
d) Control the vehicle in the airport that moves the wrong lane in the right place, does not reduce speed or do not have a warning signal first;
Control of the vehicles in airports in cases that are not allowed to pass or not signal before crossing;
e) Control the vehicle in the airport to press the whistle, roared continuously, except for the priority vehicles on duty;
g) damage the vehicle, equipment in the port of aviation, airport.
2. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) Control, operation, vehicle extraction, equipment in airports that are not properly regulated, processes, other rules of control, operation, exploitation;
b) Stop, parking the vehicle in the airport is not correct;
c) Control of non-true, linear, lane, or portion of the path;
d) Control of the vehicles operating outside the safety zone for the ship to speed up from 10 km/h onward;
Control vehicle operating in a secure area for speeding.
e) Do not accept the command or guidance of the unsaved control officer when operating in the airport;
g) Go back, move on the landing path when not allowed or not to maintain contact with the prescribed air control.
h) Check, maintenance, vehicle repair, equipment, equipment in places that are not allowed in airports, airports;
i) Bringing the vehicle into operation in the airport does not have enough light lighting, digital lamplights, flashlights, signal lamps, water wirelights, rearview mirrors, specified exit instruments, or there are devices but no effects;
l) Do not purchase insurance for the vehicle operating in the restricted area of the port of aviation, airport by regulation;
l) Give the means to the exploit without sufficient technical extraction of the vehicle's technical pursuits.
3. Money range from 10,000,000 to 20,000,000 co-workers with vehicles running inverted vehicles in the airport area.
4. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) To tap into the airport of the vehicles, the device does not meet the technical conditions;
b) Put in the exploit in the airport of the vehicles, the device is not specified or expired by regulation;
c) Bringing the vehicle into operation in the port of aviation, the airport is too limited to use by regulation;
d) Take the vehicle, the device to the extraction in the airport has no prescribed license;
Maintenance, vehicle repair, operational equipment in the restricted area of the airline port, the airport is not correct.
5. Additional execution form:
The title uses a non-monthly employee license from 1 month to 3 months for the prescribed violation of Clause 1, Points a, b, c, d, e, e, g Clap 2 and Clause 3 This.
What? 12. Violation of room regulation, anti-fire fire at airports, airports
1. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) Đun cooking, burning fire in the aviation port area, the airport that is not permitted or does not make the right regulation of cooking, burning fire in the terminal and other restricted areas of the port of aviation, the airport;
b) Burn incense, burn candles, burn gold codes in the terminal and other restricted areas of the port of aviation, the airport;
c) To the means, equipment, equipment, hazardous materials, flammable substances, explosives in the port of aviation, the airport is not properly regulated;
d) Not equipped or equipped with incendiated fire prevention equipment has expired on the means of operating in the limited area of the port of aviation, airport;
Business in the port of aviation, the airport without the right internal fire control, the fire prevention method.
2. Penituation of 5 million to 10,000,000 coins for individuals smoking, including electronic or lighter use of fire, matches or fires in the safe zone for flying boats.
3. Money from 10,000,000 to 20,000,000 individuals with individuals with business behavior in the port of aviation, the airport without the internal fire-fire department, the prescribed fire prevention method.
4. Additional execution form:
a) The title of an aviation worker's license, certificate of the professional officer's expertise from 1 month to 3 months for the conduct of the provisions of Article 2;
b) The suspension of the organization's business, the individual from 1 month to 3 months for the conduct of the regulations stipulated at the points a, clause 1 and Section 3 This.
Section 3
VIOLATION OF ENVIRONMENTAL PROTECTION IN THE FIELD OF CIVIL AVIATION
What? 13. Violation of environmental protection in carrier mining.
1. Money from 10,000,000 to 20,000,000 people on the following behavior:
a) Do not perform the correct process of internal control of the collection, the classification of waste from the carrier;
b) The flying boat that had the noise of the flying boat exceeded the limit in the noise certificate;
c) Exploration of the flying boat that emissions from the carrier engine exceed the specified limit.
2. Money from 20,000,000 to $40,000,000 on individuals with the following behavior:
a) Exploration of the flying boat without a noise certificate issued by a competent or recognized authority;
b) There is no internal control of the collection, the classification of waste from the carrier;
c) The use of insect-killer chemicals, bacteriophagation, flying boat hygiene is in the category of prohibited use, restricted use in Vietnam.
3. Measure remediation:
The practice of corrects environmental pollution, which spreads the disease to the behavior of violating regulations at Point 1 and point 2 This.
What? 14. Violation of environmental protection at air port, airport and airport.
1. A massive amount of money from 3,000,000 to five million people who has behavior does not apply to the prevention of dust emissions, the waste of solid waste, the liquid waste in the process of collecting, transporting solid waste.
2. Money from 10,000,000 to 20,000,000 people on the following behavior:
a) It is not true content in the shipping permit, the hazardous waste management in the port of aviation, the airport;
b) Put in the exploit in the airport of vehicles, the device does not meet the environmental protection conditions;
c) There is no restrictive noise restriction solution.
3. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) that flunking, material, unauthorized scrap in airline port, airport;
b) There is no transit permit, management of hazardous waste when transporting hazardous waste in the port of aviation, the airport due to the competent authority.
4. Money from 40,000,000 to 60,000,000 co-operators of the port of aviation, the airport does not have a noise map; the solution restricts the noise according to regulation.
5. Money from 30,000,000 to $40,000,000 on individuals with the following behavior:
a) Not implementation or implementation of the classification, collection, storage, transportation of wastewater treatment, solid waste and hazardous waste disposal;
b) Manufacturing, business or provision of service at the port of aviation, the airport without a suitable environmental protection engineering infrastructure.
6. Money from $80,000,000 to 100,000,000 dollars for the port business does not take the port, the airport enters the extraction without a solid waste transfer point or no collection, disposal, drainage of the port of aviation, Airport, by regulations.
7. Additional execution form:
The title used to use a shipping permit, managing hazardous waste from 1 month to 3 months for the conduct of the provisions of Article 2 of this Article 2.
8. Measure corrects:
The practice of corrects environmental pollution on violations of the regulations stipulated at Point 3 and Point A 5 This.
Section 4
VIOLATION OF THE REGULATION OF AVIATION PERSONNEL, TRAINING, CAREER TRAINING, USE OF AVIATION PERSONNEL AND HEALTH CARE FOR AVIATION PERSONNEL, THE COMPANY SAID.
What? 15. The violation of the airline staff
1. Money from 500,000 to 1,000,000 individuals with the following behavior:
a) The flight attendant, flight attendant, air traffic control does not carry a certificate of sufficient health condition in accordance with the provision of duty;
b) Do not carry a suitable non-appropriate flight staff license while on duty.
2. Money from 1,000,000 to 3,000,000 partners for the following behavior:
a) The airline employee does not wear a prescribed safety page when carrying out the mission in the airport;
b) Control does not save; the operator, the vehicle operator, the device in the flight area uses a mobile phone when performing the task.
3. Money from 3,000,000 to $5,000,000 for the following behavior:
a) The airline employee does not on the right process of carrying out work, the operational coordination process affecting civil aviation operations without the threat of air security, aviation safety;
b) The commander of the carrier did not submit or submit enough flight documentation for the Port of the Aviation Airline.
4. Money from 5,000,000 to 10,000,000 yuan for the following:
a) Not to perform or perform not on a license under license, certificate of expertise has been issued or recognized;
b) There is not one of the appropriate types of papers following the implementation of the mission: The airline employee license, specialized certificate, sufficient health condition certification, English proficiation certificate;
c) Perform the non-process task of performing the work, the coordinated process of operation that causes the rape of aviation security, aviation safety;
d) There is a concentration of alcohol in the breath of carrying out the task.
5. Money from 10,000,000 to 20,000,000 yuan for the following:
a) Using a license for aviation personnel, competence, certificate of expertise, a certificate of sufficient health conditions, certificate of false English proficiation;
b) Do not perform the task of instruction, practice training so that learnmen have infringed violations of aviation safety;
c) Providing unhonest information or having a deception behavior when applying for a license, which is an aviation employee.
6. Money from 20,000,000 to 40,000,000 yuan for the following:
a) Flight control violation of flight rules, flight method;
b) Xher, free of fuel, luggage, merchandise or other objects from the ship.
c) The decision to make the flight without sufficient crew membership accordingly.
7. The title of using a license is not from 4 months to 24 months for the following behaviour staff:
a) Use drugs or in the body of a drug substance when carrying out the task;
b) The task of doing the task is not the right process of doing the work, the coordinated process of operation in accordance with the provision of severe aviation safety.
8. Additional execution form:
The title used an aviation worker's license, the certificate of the officer's expertise from 1 month to 3 months for the stipulated behavior at the point a, c paragraph 4, point b Clap 5 and Point a, b, c. 6 This.
9. Measure corrects:
Forced to implement environmental pollution remedied measures, which spread the disease to the prescribed behavior at Point 6 This Article.
What? 16. Violation of regulations on training, training and use of aviation personnel.
1. Money from 5 million to 10,000,000 coins for individuals with time-to-time travel work or time of rest for non-standard airline employees.
2. Money from 10,000,000 to 20,000,000 people on individuals with unarranged behavior or laymen ineligible work or employee laymen working in positions required to obtain a license, certificate, certificate of sufficient health conditions, and a certificate of employment. Certificate of the English language without a license, certificate, certificate, certification.
3. Money from 20,000,000 to 30,000,000 to the organization with the following behavior:
a) Not performing a professional career fostering for subjects requiring to fostering a business according to regulation;
b) Training, employee career training is not correct, the duration under the program has been approved.
4. Money from 40,000,000 to $60,000,000 for the organization with the following behavior:
a) Not to maintain sufficient training, aviation personnel training on the organization of machinery, rooms, equipment, equipment, enforcement facilities, team of teachers, training programs, career training, curriculum, teaching materials according to certificates of receiving a certificate. the facility qualified for training, aviation staff training;
b) No maintenance of the basis of the English proficiation assessment facility for airline employees in accordance with a certificate of qualified basis for assessment of the English language was granted;
c) Training, career coach job training outside the scope of a certificate of qualified training, training has been granted.
5. Money from 20,000,000 to 30,000,000 dollars for individuals with intentional behavior falcots test results, the results assessment of the student ' s English proficiation assessment.
6. Additional execution form:
The title uses a training basis for training, aviation personnel training, a certificate of qualified basis for assessment of the English language from 1 month to 3 months for regulatory violations at Point 3, Point a, b, c Clap 4 and 2. This is about five.
What? 17. Violation of health care regulations for aviation employees
1. Money from 10,000,000 to 20,000,000 people on individuals with intentional behavior falcots health care outcomes for aviation employees.
2. Money from 30,000,000 to $40,000,000 to the organization whose conduct does not make the right regulation of health care regulation for airline employees.
3. Money from $60,000,000 to $80,000,000 for the organization that monitors the health of the aviation staff without a prescribed certificate.
4. Additional execution form:
The title of a certificate authority is to be used for a month to 3 months for the conduct of the provisions of Article 2.
Section 5
VIOLATION OF FLIGHT OPERATIONS
What? 18. Violation of the provision of operational guarantee services
1. Money from 10,000,000 to 20,000,000 co-holders of air traffic provision unannounced in time for the facilities that provide search services, rescue when receiving the signal, notice or news of the flying boat being in a state of forestry. Danger, accident.
2. Money from 20,000,000 to $40,000,000 to the facility that provides an operational guarantee of operations to exploit the engineering system, the device does not follow the right of a license to exploit the engineering system, the device has been issued.
3. Money from 40,000,000 to $50,000,000 for the organization with the following behavior:
a) Not maintaining the safety management system in accordance with the approved document;
b) No maintenance of the operational basis for the provision of the operational guarantee service to the organization of the machine; the engineering system, equipment; documentation of the mining pursuits;
c) To exploit the engineering system, the assurance device that operates flying without a license provided by the competent authority.
4. Money from $50,000,000 to 60,000,000 to the facility that provides an operating warranty service that does not organize a regulated safety management system.
5. Money from $60,000,000 to $70,000,000 for the organization that operates a facility that provides an operational guarantee service that does not have a facility that provides the operational guarantee of a flight guarantee service due to the authority of the competent authority.
What? 19. Violation of flight management regulations
1. Money from 3,000,000 to 5 million partners for the individual's release of equipment, supplies and other objects into the air-free port, the airport affected flight operations.
2. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) To damage the engineering system, the flight assurance device;
b) Construction, construction of structures, breach of the limiting aviation barrier without air ports, airports;
3. Money from 10,000,000 to 20,000,000 individuals with individuals whose behavior does not make the right regulation of paint, people, lighting up the air traffic warning lights.
4. Money from 20,000,000 to $40,000,000 for individuals whose behavior provides unhonest information or cheating behavior when applying for permission to fly.
5. Money from 40,000,000 to 60,000,000 people on the following behavior:
a) Try to use the station, contact information station or other device that interferes, which affects the operation of the stations, the air power station;
b) Make the flight not true for flight, the purpose of the flight under the flight permission was granted.
6. Money from 80,000,000 to 100,000,000 people on the following behavior:
a) Make the flight without permission to fly due to the competent authority;
b) Perform the tour, training on the densely populated area without permission from the authorities of the state authority.
7. Measure corrects:
Forced to unload the work, the construction portion without a license or construction is not correct with the license for the specified violation behavior at Point 2 This Article.
What? 20. Violation of the investigation of incident investigation, flying boat accident
1. A massive amount of money from 3,000,000 to five million partners for the following behavior:
a) Not to deliver evidence of the incident, the accident of the carrier to the authority with authority when required;
b) No protection of the aircraft or accidents, equipment, objects on board or accident by regulation.
2. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) No report on the incident, the carrier accident in the statute of limitations;
b) The destruction, falsitizing of information, damaging the device needs to be tested and other evidence associated with the incident or accident of a flying boat.
3. Money from 10,000,000 to 20,000,000 individuals for individuals with a concealed cover of incidents, flying boat accidents.
4. Additional execution form:
The title used a licence for aviation personnel, certificates of only one month to three months for regulatory violations at Point 2 and Clause 3 This.
Section 6
BREACH OF REGULATIONS ON AIR TRANSPORT AND GENERAL AVIATION OPERATIONS
What? 21. Violation of the regulatory violation of air transport implementation and general aviation operation.
1. Money from 10,000,000 to 20,000,000 co-organizations with the following behavior:
a) The airline does not do the procedure to offer approval or register with a regulatory authority under the stipulation when changes to the contents of the business license have been granted;
b) The representative office, the ticket office of the foreign airline operating in Vietnam does not perform the correct obligation;
c) Vietnam airlines perform cooperation regarding air transport rights without being approved by the state authority;
d) Foreign airlines made contact with each other on international routes, to Vietnam without a scheduled flight schedule of approved authority;
General, the sales agent of foreign airlines in Vietnam does not follow the certificate of a contract registration designation, the ticket sales agent was issued;
e) The representative office, the foreign airline's ticket office opened in Vietnam, does not maintain the eligim conditions.
2. Money from 20,000,000 to $40,000,000 to the organization with the following behavior:
a) The business delivery business is not implemented correctly according to the secondary airline export registration certificate;
b) General agent, ticket sales agent of foreign airlines operating in Vietnam does not have a contract registration certificate to specify a total agent, ticket sales agent issued by the authorities.
3. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) The implementation of the aviation operation is not for commercial purposes without the certificate of registration of aviation activity in general due to the authority of the authority;
b) Perform the operation to represent the foreign airline in Vietnam without a certificate of registration due to a competent authority.
4. Money from 30,000,000 to $40,000,000 for individuals with a practice of carrying out aviation operations in common for commercial purposes without permission or without a license for a general aviation business permit issued by the competent authority.
5. Money from 30,000,000 to $40,000,000 to the organization with the following behavior:
a) Office of representative, ticket office of the foreign airline operating in Vietnam without a permit to open a representative office, ticket sales office;
b) The business delivery business does not have a secondary airline export registration certificate.
6. Money from $50,000,000 to $60,000,000 for the organization with the following behavior:
a) Not to maintain sufficient air transport business, general aviation, dangerous capital transport, regulatory capital organization;
b) Do not maintain sufficient air transport business, the general aviation of the business has foreign investment in terms of foreign foreign capital, the leader, member of the regulatory regulator.
7. Money from $60,000,000 to $70,000,000 for the following behavior:
a) Transport of dangerous goods without being allowed or without a certificate of sufficient risk to transport dangerous goods due to the competent or recognized authority;
b) passenger transport, luggage, goods, mail, parcel, mail for commercial purposes without permission or without a license for air transport business.
8. Additional execution form:
The title uses a contract registration certificate to specify a total agent, ticket sales agent; a representative office open office, ticket office, ticket office; certificate of registration of a non-secondary order from 1 month to 3 months for violations of rules. I mean, at the points b, e, e 1, and Point 2, this.
What? 22. Violation of the regulation of air transport and general aviation activity
1. Money from 5,000,000 to 10,000,000 partners with the following behavioral organization:
a) The Vietnamese airline does not register the charter of air transport with the state agency with a prescribed jurisdiction;
b) The airline does not provide the number of aviation transport statistics to the prescribed authority.
2. Money from 3,000,000 to $5,000,000 for individuals with label-labeled behavior, labeling of the dangerous goods label on the non-correct packaging when shipping by air.
3. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) Send dangerous goods without declaration or false declaration;
b) Close the undefined hazardous commodity packaging when shipping by air.
4. Money from 10,000,000 to 20,000,000 co-organizations with the following behavior:
a) The airline does not perform or perform incomplete obligations under the regulation in the deferred case, cancel the flight, refuse to transport;
b) The business business business reservation is not implemented or implemented is not in the right principle of a computer-based system business;
c) The business provides a general aviation service for commercial purposes without contracting services to the organization, the individual who uses the service;
d) The airline did not perform or did not properly reduce the price of tickets to the elderly, people with disabilities to fly by regulations;
The airline refused to carry out equipment that supports people with disabilities or to collect money carrying the equipment of the disabled.
5. Money from 20,000,000 to 30,000,000 to the organization with the following behavior:
a) The airline, the business offering airline services does not make the provision of dangerous shipping by air;
b) The passenger carrier airline is prohibited from shipping, except for the permitted case of the state authority with jurisdiction;
c) The airline does not properly execute the regulation of air freight prices.
6. Money from 30,000,000 to $40,000,000 to the organization with the following behavior:
a) The airline operates non-travel baggage with passengers except for prescribed cases;
b) The airline conducts commercial promotion activities, advertising, photo marketing, trademarks, symbols, trademarks of other airline for its flight;
c) The airline that organizes events on the carrier can cause safety, air security without the permission of the authority of the authority;
d) The airline, the business offering goods services that stack dangerous goods is not correct;
The airline buys civil liability insurance or performs other guarantee measures for passengers, luggage, goods, mail, parcel, mail, non-liability limits.
7. Money from 40,000,000 to 60,000,000 coins for the airline does not buy civil liability insurance or carry out other guarantee measures for passengers, luggage, goods, mail, parcel, mail.
8. Money from $60,000,000 to $80,000,000 co-shipping airline violation of air power regulation has been issued; purchase, sale, transfer of air transport rights.
9. Money from $80,000,000 to 100.000,000 to the organization that has a shipping business behavior when it is not granted the right to transport aviation.
10. Measure corrects:
The practice of corrects environmental pollution on violations of regulations in Clause 3, Point A 5, and Point 6 Points.
Section 7
VIOLATION OF AVIATION SECURITY.
What? 23. Violation of regulatory regulation, use of air security control card
1. The warning or fines of between $100,000 and $500,000 on the individual who cost the airline security control card without notice immediately to the card-level agency.
2. Money range from 500,000 to 1,000,000 people on the following behavior:
a) Use the air security control card without proper scope;
b) Do not wear airline security control cards while on duty in the restricted area of the port of aviation, the airport.
3. Money from 3,000,000 to 5 million people on the individual's use of air security control cards in the restricted area of the port of aviation, airport, boarding.
4. Money from $5,000,000 to 10,000,000 people on the individual's behavior in quarantine, boarding by boarding passes, boarding passes for other people's boarding passes.
5. Money from 10,000,000 to 20,000,000 individuals with individuals who have a false behavior on air security controls.
What? 24. Violation of air security regulations for airline ports, airports, flights, flight operations management, flight operations and air.
1. The warning or fines of between $100,000 and 500,000 of individuals with the behavior of carrying liquid into the quarantine zone, boarding the aircraft are not properly regulated.
2. Money from 500,000 to 1,000,000 people on the individual's behavior does not comply with the guidance of the aviation security personnel while in the restricted area of the port of aviation, the airport.
3. Money from 1,000,000 to 3,000,000 co-workers on individuals who threaten cadres, civil officials, officials, flight members, aviation personnel, passengers in the restricted areas of the port of aviation, airports, on board and where there are works, Equipment, equipment, civil aviation.
4. Money from 3,000,000 to $5,000,000 for the following behavior:
a) disruptive, incandable, enticing other people to cause loss of security, order in the limited area of the port of aviation, airport and where there are construction, equipment, civil aviation equipment;
b) Into the restricted area, boarding the flight without testing, projector air security;
c) The commander of the flying boat did not lock down the flight deck by regulations during the flying boat period;
d) violate order, discipline in ships;
) Tung believed or provided false information about the bomb, landmines, explosives, explosives, radioactive substances, chemical weapons, which did not affect the normal operation of civil aviation activity;
e) Take people, baggage, goods, mail, mail, mail, and other objects that have not passed the aviation security check into the restricted area at the port of aviation, airport, boarding.
5. Money from 5,000,000 to 10,000,000 people on the following behavior:
a) unauthorized intrusion into the restricted area of the port of aviation, airport and where there are construction, equipment, civil aviation equipment;
b) Executive officers, civil officials, officials, flight members, aviation personnel, passengers in the restricted area of the port of aviation, airport and where there are construction, equipment, civil aviation equipment;
c) The commander of the ship, the vessel in the flight deck, is not correct;
d) Trouble, agitation, drag on others causing a loss of security, order on a ship;
) Theft, appropriation of objects, equipment or property in the limited area of the port of aviation, airport, on board of aircraft;
e) Take the item, the hazardous substance to the restricted area at the port of aviation, the airport, to the left-bound aircraft, except for the specified case at Point 6 and Point 7 This Article;
g) No correct implementation of registration, arms reception, support tools, hazardous materials are allowed to enter a restricted area;
h) Do not provide or provide untrue information before the flight (API) by regulation;
i) Fight or let others take advantage of the headquarters or on the means in the aviation port area, airport or on board the gamble.
6. Money from 10,000,000 to 20,000,000 individuals for the following behavior:
a) Invaders into the flying boat;
b) To the passengers of the flight, and to the passengers on the ship;
c) Bringing the tools to support, flammable, raw weapons, sports weapons, shotguns and other types of weapons, the same effect on the restricted area at the port of aviation, the airport, on the left-bound flying boat.
7. Money from 20,000,000 to 30,000,000 people on the following behavior:
a) A threatening spokesperson using bombs, mines, explosives, explosive materials, radioactive substances, biological weapons in the area as transport procedures, quarantine zones, airports, on board ships;
b) Tung believe or provide false information about bomb, landmines, explosive materials, explosives, radioactive substances, chemical weapons, which affect the normal operation of civil aviation activity;
c) Provide false information that can cause the safety of a ship's safety on the ground; safety of passengers, aircraft, ground personnel, or people at port, airports and works, equipment, civil aviation equipment;
d) Take the explosive, material detonation, weapons weapons fire into the restricted area at the port of aviation, airport, to the left bay.
8. Money from 30,000,000 to $40,000,000 for individuals who deliver news or provide false information about the bomb, landmines, explosives, explosives, radioactive substances, chemical weapons, or other information that can cause the safety of the carrier ' s safety. fly, the man on board is flying.
9. Additional execution form:
The title of a permit is a month to 3 months for the violation of the order of the aviation staff at the point of Article 5.
10. Measure corrects:
a) Forcing to implement environmental pollution remedied measures, which spread the disease to the violation of regulations at Point 5 This Article;
b) To return items, equipment or property stolen, appropriated or reimbursable the amount of the equivalent value in the case of items, equipment or assets that have been consumed, fled, destroyed to the prescribed behavior at Point 5.
What? 25. Violation of airline security guarantee
1. Money from 5,000,000 to 10,000,000 partners with the following behavioral organization:
a) There is not enough material at the aviation security check point;
b) Do not store records, logging logs, maintenance of aviation security equipment.
2. Money from 5 million to 10,000,000 coins for individuals who are responsible for reporting without reporting or reporting unlawfully on the conduct of illegal interference in civil aviation activity.
3. Money from 10,000,000 to 20,000,000 co-organizations with the following behavior:
a) Do not save the image or save the image through the X-ray machine, the surveillance camera is not on time specified;
b) The transport of the can, the prisoner, who is expelled, who is extradited to oversize is permitted by regulation.
4. Money from 20,000,000 to 30,000,000 to the organization with the following behavior:
a) Use of a security seal that has not yet been approved by the authority of the authority;
b) Do not execute the correct order of security without authority approved by the authority;
c) The use of the security device does not meet the specified standard;
d) There is no or no guarantee of aviation security infrastructure requirements;
Use the air security device without a prescribed device.
5. Money from 30,000,000 to $40,000,000 to the organization with the following behavior:
a) There is no aviation security statute being approved by the authority;
b) Do not perform the correct aviation security program, the flight of the flying boat that is flying under illegal interference is approved by the authority.
c) There is no systematic organization of civil aviation security forces; the installation of the installation, the use of the security equipment system, is not approved by the authority.
6. fines of $50,000,000 to 60,000,000 to the organization whose conduct was without air security program, the flight executive is illegal to be approved by the authorities.
JURISDICTION AND PROCEDURES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF CIVIL AVIATION.
1. Ombudman, who is assigned to the task of specialized inspection in the enforcement of the right:
a)
b)
c) The confiscation of the animal, the means of administrative violation, is worth not exceeding the amount of fines prescribed at this point b;
d) Apply the applicable remediation measure at the points a, c, and clause 1 Article 28 Administrative breach of the administrative breach.
2. Chief Inspector of the Aviation Administration of Vietnam, the chief inspector general of the Vietnam Aviation Administration has the right:
a)
b)
c) The title of using a license, certificate of expertise with a deadline or suspension of operations has a deadline;
d) The confiscation of the object, the means of administrative violation, is worth not exceeding the amount of fines specified at this point b;
Applied to remedy the consequences of Article 28 of the Administrative breach of the Administrative Laws.
3. The Chief Inspector General of the Ministry of Transport has the right:
a)
b)
c) The title of using a license, certificate of expertise with a deadline or suspension of operations has a deadline;
d) The confiscation of the object, the means of administrative violation, is worth not exceeding the amount of fines specified at this point b;
Applied to remedy the consequences of Article 28 of the Administrative breach of the Administrative Laws.
4. Chief Inspector of the Department of Transport, Director of the Vietnam Aviation Administration has the right:
a)
b)
c) The title of using a license, certificate of expertise with a deadline or suspension of operations has a deadline;
d)
Applied to remedy the consequences of Article 28 of the Administrative breach of the Administrative Laws.
What? 27. Authority of the Port Authority of the Port Authority
1. Head of the Port Authority of the Port Authority has no right:
a)
b)
c) The confiscation of the object, the means of administrative violation, is worth not exceeding the amount of fines specified at this point b.
2. The Port Authority Director has no right:
a)
b)
c) The title of using a license, certificate of expertise with a deadline or suspension of operations has a deadline;
d) The confiscation of the object, the means of administrative violation, is worth not exceeding the amount of fines specified at this point b;
) Apply a measure of the consequences of regulation at points a, b, c, e, i and k 1 Article 28 Administrative breaches of the administrative breach.
What? 28. The jurisdiction of the Chair of the People ' s Committee
1. The Chairman of the Committee on the Social People ' s Commission has the right:
a)
b)
c) The confiscation of the animal, the means of administrative violation, is worth not exceeding the amount of money that is prescribed at this point b;
d) Apply the applicable remediation measure at the points a, b, c and the Article 1 Article 28 of the Administrative Breach Disposal Act.
2. The chairman of the District People ' s Commission has the right to:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d) The confiscation of the object, the means of administrative violation, is worth not exceeding the amount of fines specified at this point b;
The applicable remediation measures at points a, b, c, e, e, h, i and k Clause 1 Article 28 of the Administrative Breach Disposal Act.
3. The chairman of the Provincial People ' s Commission has the right:
a)
b)
c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;
d)
p) Apply the remediation measure prescribed at Clause 1 Article 28 of the Administrative Breach Disposal Law.
What? 29. Authority of the People ' s Public Security Forces
1. People ' s Public Security Forces have the right to sanctiate the administrative violations in the field of civil aviation in the following cases:
a) The administrative violation behavior detected during the deployment of the implementation of the emergency method;
b) violations of administrative violations in the field of civil aviation, order and social safety in public areas in the port of aviation, airport or by agencies in the civil aviation industry.
2. The maximum amount of fines and the jurisdiction of the People's Public Security forces are carried out as stipulated at the Section 1 clause 24 and Article 39 of the Administrative breach of the Act.
What? 30. Other specialized inspectors
Other specialized inspectors are entitled to the violation of civil aviation fields under the provisions of the Administrative Breach Disposal Law, which for administrative violations involving the field, the management sector.
What? 31. Set up the administrative breach
1. People who have the authority to compile administrative violations in the field of civil aviation include:
a) Those who have jurisdiction to punish administrative violations in the field of civil aviation;
b) The public office of the Transport Ministry of Transport, Inspector of the Department of Aviation of Vietnam when carrying out an inspection mission, inspection and disposal of violations;
c) The public, the officer of the Port Authority of the airline carrying out the inspection, inspection, monitoring of air operations at the port of aviation, airport;
d) The commander of the flying boat, the crew member who was assigned to the command of the administrative violation of the administrative breach on the planet's conduct, occurred while the ship was flying.
2. The commander of the carrier on board carrying Vietnam ' s nationality is responsible for organizing the administrative breach of the administrative violation of the administrative violation that occurred on the flying boat or transferring the incident to the Port Authority of aviation at the aviation port, the airport. of Vietnam ' s place where the flying boat landed in order to compile the administrative breach.
In case the commander of the ship turned the job for the Port Authority Air Port, the administrative violation of the administrative breach on the flight carrier, the airline's representative was not involved in the process of mapping the breach. It's the right thing to coordinate, to support the Port Authority.
3. When transferring the incident to the Port Authority Air Port, the commander of the carrier must hand over the breach, accompanied by the documents, the following evidence:
a) The copy of the violation of the violation in the flight log has the signature of the commander of the flying boat;
b) The report of the crew member witness the incident;
c) List, the seat of the passenger may witness the incident;
d) Tang, the means of violation of violation (if any).
1. The collection, filing of administrative fines in the field of civil aviation performs under the provisions of the Administrative Breach Disposal Law, the Digital Protocol. 81 /2013/NĐ-CP July 19, 2013 the Government rules out certain things and measures the implementation of the Administrative Violation Law and other documents on administrative violation.
2. Personal breach of the action after having been issued a card-boarding procedure to be paid a fine for the Port Authority of Aviation or the Port Authority of the Aviation Authority.
EXECUTION CLAUSE
This decree has the enforcement effect since December 15, 2013 and replaces the Protocol No. 1. 60 /2010/ND-CP June 3, 2010 the Government of the Government on the sanctions of the administrative breach in the field of civil aviation.
1. The Minister of Transport has the responsibility of organizing the implementation of this decree.
2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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