Vietnam Civil Aviation Authority: Request for Immediate Suspension of Aviation Employees Misusing Their Job Position for Smuggling

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Recommendation to Not Employ Individuals Who Exploit Their Job Positions for Smuggling in Aviation Enterprises

On June 20, 2022, the Civil Aviation Authority of Vietnam issued Directive 2677/CT/CHK 2022 regarding the strengthening of smuggling prevention and combat in the operations of the crew members of Vietnamese airlines. According to this Official Dispatch, the Director of the Civil Aviation Authority of Vietnam has given the following directives:

“1. Vietnamese airlines:

- Actively implement preventive measures to minimize violations related to the transport of smuggled goods, commercial fraud, and counterfeit goods in crew operations.

- Enhance the responsibility of leaders in charge of the implementation of anti-smuggling, commercial fraud, and counterfeit goods measures.

- Strictly comply with 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 policies for aviation employees, 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 several regulations of Circulars on periodic reporting in the aviation sector, effective from December 15, 2020, regarding:

+ Immediate suspension of aviation employees when violations such as "Exploitation of work positions for smuggling, unauthorized transport of persons, property, goods" occur.

+ Non-employment of individuals in aviation positions at any enterprise operating in the civil aviation sector for cases of "Exploitation of work positions for smuggling, unauthorized transport of persons, property, goods".

- Immediately notify the Civil Aviation Authority of Vietnam when foreign authorities inspect the crew members of the airline. Notification address: email: vpbaocao@caa.gov.vn, hotline: 0916562119.

2. Airport authorities:

Check and supervise the implementation of this Directive in the areas under the authority of the airport authority.

The Director of the Civil Aviation Authority of Vietnam requests all Vietnamese airlines to seriously implement this Directive.

During implementation, if there are any issues, send feedback to the Civil Aviation Authority of Vietnam via email: AvSec@caa.gov.vn for prompt guidance.”

Thus, the work of smuggling prevention and combat in the operations of the crew members of Vietnamese airlines is carried out according to the contents of the above directive.

The Civil Aviation Authority of Vietnam: Requests immediate suspension of employees exploiting their work positions for smuggling?

When Will Aviation Employees Be Temporarily Suspended?

Based on Article 5 of Circular 46/2013/TT-BGTVT that stipulates the cases of temporary suspension of work for crew members as follows:

“Article 5. Regulations on temporary suspension of work for aviation employees

1. Aviation employees will be temporarily suspended from their duties in the following cases:

a) Violating regulations and internal rules threatening aviation safety and security;

b) Being investigated or prosecuted in criminal cases;

c) Abandoning work positions without permission;

d) Consuming alcohol or beer during work hours or having a blood or breath alcohol concentration while on duty;

• đ) Stealing or illegally appropriating the property of organizations or individuals;*

e) Exploiting work positions for smuggling, unauthorized transport of persons, property, goods;

g) Using or testing positive for drugs or other prohibited stimulants according to regulations;

h) Gambling, causing disruptions, or losing security and order at the workplace.

2. Duration of suspension and salary policy during the suspension period shall be implemented in accordance with the Labor Code.”

Thus, aviation employees will be temporarily suspended from their duties if found in any of the above cases. Employees exploiting their work positions for smuggling will indeed be temporarily suspended from their current duties.

Which Acts Are Prohibited in Aviation Activities in Vietnam Under Current Legal Regulations?

Based on Article 12 of the Law on Civil Aviation of Vietnam 2006 that stipulates as follows:

“Article 12. Prohibited acts in civil aviation activities

1. Prohibited acts include:

a) Using aircraft, aircraft engines, aircraft propellers, and aviation equipment without the appropriate permits;

b) Performing aviation employee duties without the appropriate permits or certifications;

c) Dropping devices, items, or other objects into the airspace affecting flight safety, environment, and public welfare;

d) Flying into restricted or prohibited areas against regulations;

• đ) Interfering with, occupying, or overlapping the radio frequencies dedicated to civil aviation activities;*

e) Damaging signal systems, equipment, stations, control towers, and other equipment at airports, or operating unqualified ground equipment in the airspace;

g) Constructing buildings, installing equipment, or planting trees that potentially affect flight operations and airspace management;

h) Constructing within the airport premises or adjacent areas of the airport, facilities, or installing equipment that produces smoke, dust, fire, exhaust gases, or constructing shooting ranges or other installations that may affect flight safety and equipment operations at the airport;

i) Installing or using lights, signals, signs, or objects in or near the airport affecting aircraft takeoff and landing or airport identification;

k) Keeping or releasing birds, livestock, and poultry within or near the airport;

l) Illegal interference in civil aviation activities;

m) Bringing weapons, flammable substances, explosives, and other dangerous items onto aircraft, into airports, and other restricted areas against regulations;

n) Destroying, damaging, altering, or moving markers, barriers, signals, or protective devices at airports; damaging signs or identifiers at airports;

o) Threatening flight safety, endangering the lives, health, and property of others on the aircraft;

p) Unfair competition and other prohibited anti-competitive behaviors.

2. The provisions of point c and point đ, clause 1 of this Article also apply to state aircraft.”

The acts listed according to the above provisions are prohibited in the civil aviation activities of Vietnam.