Decree No. 01/2001/ND-CP dated January 4, 2001 of the Government on sanctioning administrative violations in the field of civil aviation

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

1. The administrative violations in the field of civil aviation means unintentional or intentional acts of violating the regulations on civil aviation committed by organizations and/or individuals, which are not serious enough for penal liability examination.

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.

3. Minors who commit acts of administrative violation in the field of civil aviation shall be sanctioned according the provisions at Point a, Clause 1 of Article 5 and Article 6 of the Ordinance on Handling Administrative Violations.

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.

Article 4.-Sanctioning forms

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;

c) Forced compensation for damage with value reaching VND 1,000,000, caused by administrative violations;

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;

b) Forced overcoming of the environmental pollution, epidemic spread, caused by acts of administrative violation;

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;

b) Damaging aircraft or equipment thereof.

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;

c) Breaching the regulations on ensuring aircraft center of gravity and tonnage;

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.

6. Additional sanctioning forms:

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;

e) Breaching the conditions prescribed in the granted flight permits.

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;

d) Failing to obey orders of the flight control agencies without plausible reasons;

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:

a) Failing to fulfill the obligation of timely reporting to proper flight management bodies or failing to follow the instructions of the flight management bodies in case of detecting other persons, traffic means or property in distress outside the aircraft;

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.

2. A fine of between VND 1,000,000 and 5,000,000 for acts of violating the regulations on air transport of dangerous goods.

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;

c) Breaching regulations on application of air transport freights;

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:

a) Deprivation of the right to use permits for 6 months, for acts of violation prescribed at Point a, b and d, Clause 1 and Point d, Clause 2 of this Article.

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;

c) Building architectural works, installing equipment or facilities, planting trees in the vicinities of airports and/or air fields without permission of competent State bodies or restricting air field clear span, affecting activities and assurance of safety for airports and air fields.

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;

d) Leasing, lending or forging permits for entry into car parks of airports, airfields;

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:

a) Entering isolation areas without permission;

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.

2. Acts of causing unhygiene or affecting the environment in airport areas shall be sanctioned under corresponding provisions of Decree No.26/CP of April 26, 1996 of the Government on sanctioning administrative violations of regulations on environmental protection and Decree No.46/CP of August 6, 1996 of the Government on sanctioning administrative violations in the field of State management over healthcare.

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;

d) Application of forms of additional sanction and other handling measures prescribed in Clauses 2 and 3 of the Ordinance on Handling of Administrative Violations.

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.

2. Where an administrative violation in the field of civil aviation falls under the sanctioning competence of many agencies, the sanctioning shall be undertaken by the agency which receive the case first.

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.

5. The fined organizations and individuals shall have to pay fines at the places inscribed in the sanctioning decisions and be given the fine receipts. The Finance Ministry shall assume the prime responsibility for and coordinate with the Vietnam Civil Aviation Administration in, stipulating the collection and use of fines on acts of administrative violations in the field of civil aviation.

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.

3. Persons with sanctioning competence shall decide to apply the form of stripping the right to use permits indefinitely or propose the agencies which have issued such permits to withdraw the permits in cases where organized, large-scale or multiple violations are committed.

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

1. The forced execution of decisions on sanctioning administrative violations in the field of civil aviation shall be effected through the following measures:

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

COMPLAINTS, DENUNCIATION AND HANDLING OF VIOLATIONS

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

1. Persons with competence to sanction administrative violations in the field of civil aviation who harass, tolerate, cover up, fail to sanction, sanction not in time or improperly, sanction ultra vires the violators shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing material damage, they have to compensate therefor according to the provisions of law.

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.