Civil Aviation Authority of Vietnam (CAAV): Members of flight crew to be temporarily suspended if they take advantage of the position to smuggle or illegally transport people, property and goods?
Will the flight crew be temporarily suspended if they take advantage of the position to smuggle in Vietnam?
On June 20, 2022, the Civil Aviation Authority of Vietnam (CAAV) issued Directive 2677/CT/CHK in 2022 on strengthening the prevention and combat of smuggling and commercial fraud in the activities of flight crew of Vietnamese Airlines. According to this Official Letter, the Director of the CAAV has instructed as follows:
"1. Vietnamese Airlines:
- Proactively arrange preventive measures to minimize violations of transporting smuggled goods, commercial fraud and counterfeit goods in flight crew's activities.
- Enhance the responsibility of the leader in charge of implementing measures to anti-smuggling, commercial fraud and counterfeiting.
- Strictly implement the provisions of Circular No. 46/2013/TT-BGTVT dated November 25, 2013 of the Minister of Transport guiding the implementation of specific labor discipline regimes for airline staff, effective from February 1, 2014, as amended and supplemented by: Circular No. 28/2020/TT-BGTVT dated November 2, 2020 of the Minister of Transport amending and supplementing a number of articles of the Circulars regulating the periodical reporting regime in the aviation sector, effective from December 15, 2020 regarding:
+ Temporarily suspend the work of the current airline staff when the violation of "Abusing the working position to smuggle and illegally transport people, property and goods".
+ Be not recruited for the position of airline staff in any enterprise operating in the field of civil aviation in the cases of "Abusing the working position to smuggle, illegally transport people, property and goods”.
- Immediately notify the CAAV when there is a case of foreign authorities inspecting the flight crew members. Email: [email protected], hotline: 0916562119.
2. Airport authorities:
Inspect and supervise the implementation of this Directive in the areas in charge of the Port Authority.
The Director of the CAAV requested Vietnamese airlines to seriously implement this Directive.
During implementation, in case of having any problems, send comments to the CAAV via email: [email protected] for timely guidance.”
Thus, the anti-smuggling and commercial fraud in the activities of flight crew members of Vietnamese airlines are carried out in accordance with the content of the Directive above.
CAAV: Flight crew members to be temporarily suspended if they take advantage of the position to smuggle or illegally transport people, property and goods?
In which cases will airline staff be temporarily suspended from work in Vietnam?
Pursuant to Article 5 of Circular 46/2013/TT-BGTVT stipulating cases of temporary suspension of employment for flight crew members as follows:
“Article 5. Regulations on temporary suspension of work for aviation staff
1. Aviation staff are temporarily suspended from their current jobs in the following cases:
a) Violation of regulations and internal rules that threaten aviation safety and security;
b) Being investigated and prosecuted in criminal cases;
c) Arbitrarily leaving the working position;
d) Drinking alcohol during working hours or having alcohol concentration in blood or breath while performing tasks;
dd) Illegally stealing or appropriating assets of organizations and individuals;
e) Taking advantage of the working position to smuggle or illegally transport people, property and goods;
g) Using or having a positive result for other illegal drugs or stimulants according to regulations;
h) Gambling, causing trouble, causing insecurity and disorder at the workplace.
2. The period of temporary suspension and the salary regime during the temporary suspension must comply with the provisions of the Labor Code.”
Thus, airline staff will be temporarily suspended in one of the above cases. Accordingly, airline staff who take advantage of their job positions to smuggle goods will be temporarily suspended from their current jobs.
What are strictly prohibited acts in aviation activities according to current regulations in Vietnam?
Pursuant to Article 12 of the Law on Civil Aviation of Vietnam 2006 stipulates as follows:
“Article 12.- Prohibited acts in civil aviation
a/ Using aircraft, aircraft engines, aircraft propellers and air navigation facilities and equipment without appropriate permits;
b/ Performing duties of aviation personnel without appropriate permits and certificates;
c/ Dropping equipment, items or other articles from aircraft in the air, thus affecting the safety of air navigation, environment and people's life;
d/ Flying into restricted or prohibited zones in contravention of regulations;
e/ Causing interference to, misusing and exploiting radio frequencies exclusively reserved for civil aviation activities;
f/ Damaging the system of signals, facilities, equipment, flight information and management stations, other facilities and equipment in airports and airfields or controlling or putting ground facilities failing to meet technical conditions into operation in the flight zones;
g/ Building architectural works, installing facilities and equipment or planting trees that may affect air navigation and the operation of facilities and equipment used in airspace and flight management;
h/ Building works in airports or airfields and their adjacent areas or installing facilities and equipment causing a lot of smoke, dust, fire or exhaust gas or building shooting ranges or works, installing other facilities and equipment that may affect the safety of flight and the operation of facilities and equipment in airports or airfields;
i/ Installing and using in airports or airfields or their adjacent areas lamps, beacons, signs, signals or objects that may affect aircraft takeoffs and landings at airports or airfields or the identification of airports or airfields;
j/ Feeding or rearing birds, cattle or poultry in the areas of airports or airfields;
k/ Illegally interfering in civil aviation activities;
l/ Taking weapons, inflammables, explosives and other dangerous things on board aircraft, into airports, airfields or other restricted zones in contravention of regulations;
m/ Destroying, damaging, deforming, displacing markers, separators, signal-bearing objects and protective objects in airports and airfields; damaging signs and equipment used for the identification of airports or airfields;
n/ Endangering the safety of air navigation, endangering the life, health and property of other persons on board aircraft;
o/ Acts of unfair competition and other banned acts of competition restriction.
2. The provisions of Point c and Point e, Clause 1 of this Article also apply to official-duty aircraft.”
Accordingly, the acts listed under the above provisions are prohibited acts in civil aviation activities of Vietnam.
View the full Directive: Here
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