How much is fine for attacking flight crew members in Vietnam? Is attacking flight crew members be liable for criminal prosecution in Vietnam?

How much is fine for attacking flight crew members in Vietnam? 

In Clause 6, Article 26 of Decree No. 162/2018/ND-CP stipulating violations against regulations on aviation security control at airports and aerodromes, on flights, and at places with aviation equipment and works as follows:

6. A fine ranging from VND 10,000,000 (ten million) to VND 15,000,000 (fifteen million) shall be imposed for committing one of the following violations:

a) Illegally boarding an aircraft;

b) Attacking flight crew members, passengers or other people on board an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution;

c) Illegally taking combat gear, explosive, cold weapon, sporting weapon, hunting rifle or a weapon or article with similar functions into restricted areas of an airport or aerodrome, or on an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution;

d) Having speech threatening aviation safety but the violation is not serious enough to cause the violating entity to face a criminal prosecution;

dd) Taking dangerous articles on an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution.

According to Clause 1, Article 3 of Decree 162/2018/ND-CP stipulating fine levels:

1. Fines specified in Chapter II hereof are imposed on violating organizations, except fines specified in Clauses 1, 2, 3, and 4 of Article 6, Points i and k Clause 1 Article 7, Clauses 1, 2, 3, 4, 5 Article 8, Clauses 1, 2, 4, 5, 6 Article 9, Clauses 1, 2 and Points a, b Clause 5 Article 10, Clauses 1, 2, 3, 4 and Point g Clause 5 Article 11, Clause 1 Article 12, Points b, c Clause 1 and Points a, c Clause 2 Article 14, Clauses 1, 2 and Points a, d, dd Clause 3, Clauses 4, 5 Article 15, Clauses 1, 2, 3, 4, 5, 6 Article 16, Clauses 1, 2 Article 17, Clause 1 and Points a, b, d Clause 2 Article 18, Clauses 1, 2 Article 19, Clauses 1, 2, 3, 4, 5, 6 Article 21, Clauses 1, 2 Article 24, Clauses 1, 2, 3 Article 25, Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 26, Points a, b, dd Clause 1 Article 27, Clauses 1, 2, 3 and Point a Clause 4, Point b Clause 5 Article 28, Clauses 1, 2, 3 Article 30 hereof, which shall be imposed upon violating individuals. The fine incurred by an organization is twice as much as that incurred by an individual for committing the same administrative violation.

As such, passengers flying with your flight who attack crew members will be fined in Vietnam(if not to the point of criminal prosecution) from VND 10,000,000 to VND 15,000,000.

Is attacking flight crew members be liable for criminal prosecution in Vietnam? 

Pursuant to Article 134 of the 2015 Penal Code as amended by Clause 22, Article 1 of the 2017 Penal Code Amendment, deliberate infliction of bodily harm upon another person is as follows:

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

Therefore, the act of attacking flight crew members in Vietnam can be liable for criminal prosecution for deliberate infliction of bodily harm upon another person. A person who attacks a flight crew member can be face imprisonment for up to 20 years, the number of years in prison will depend on the severity of the behavior and the rate of injury.

Best Regards!