Vietnam: Penalties for violations against regulations on medical examination of aviation staff

The Government of Vietnam issued Decree No. 162/2018/NĐ-CP on November 30, 2018, which specifies the penalties for violations against regulations on medical examination of aviation staff.

According to Decree No. 162/2018/NĐ-CP of Vietnam’s Government, a fine ranging from VND 1,000,000 (one million) to VND 3,000,000 (three million) shall be imposed for committing one of the following violations:

- Providing false information concerning health status in the application for medical examination;

- Drinking or smoking when carrying out the health check or medical examination for aviation staff.

A fine ranging from VND 10,000,000 (ten million) to VND 20,000,000 (twenty million) shall be imposed for committing one of the following violations:

- Falsifying medical examination results;

- Conducting medical examination and assessment for aviation staff against the approved specialty of the medical examiner.

Besides, Decree No. 162/2018/NĐ-CP also stipulates that a fine ranging from VND 20,000,000 (twenty million) to VND 30,000,000 (thirty million) shall be imposed for committing one of the following violations:

- Failure to perform or improperly performing the maintenance, inspection and calibration of medical equipment serving the conduct of medical examination and assessment as regulated;

- Assigning a person who does not have a professional qualification or certificate in aviation medicine or whose operation is suspended as regulated to conduct medical examination and assessment for aviation staff or carry out aviation medical tests;

- Assigning a person who is not approved as a medical examiner to conduct medical examination and assessment for aviation staff;

- Failure to keep or keep insufficient documents concerning medical examination and assessment for aviation staff.

A fine ranging from VND 30,000,000 (thirty million) to VND 40,000,000 (forty million) shall be imposed for failure to maintain the fulfillment of eligibility requirements regarding organizational structure, facilities and equipment, medical examination and assessment procedure, or personnel as stated in the aviation medical center certificate granted by a competent authority.

Moreover, Decree No. 162/2018/NĐ-CP also stipulates additional penalties, which is that the operation shall be suspended for 01 – 03 months if the violation of falsifying medical examination results is committed.

Remedial measures are as follows:

Enforced cancellation of medical examination results if the following violations are committed:

- Falsifying medical examination results;

- Conducting medical examination and assessment for aviation staff against the approved specialty of the medical examiner;

- Assigning a person who does not have a professional qualification or certificate in aviation medicine or whose operation is suspended as regulated to conduct medical examination and assessment for aviation staff or carry out aviation medical tests;

- Assigning a person who is not approved as a medical examiner to conduct medical examination and assessment for aviation staff.

View details at Decree No. 162/2018/NĐ-CP of Vietnam’s Government, effective from January 15, 2019.

-Thao Uyen-

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