Vietnam: Power to make records of administrative violations in civil aviation sector

According to Decree No. 162/2018/NĐ-CP of Vietnam’s Government, the persons below are entitled to make records of civil aviation offenses:

- The persons entitled to impose administrative penalties for civil aviation offenses;

- Officials of the Inspectorate of the Ministry of Transport and the Inspectorate of the Civil Aviation Authority of Vietnam in the performance of their duties to carry out specialized inspections and take actions against violations;

- Officials and public employees of airports authorities in the performance of their duties according to legislative documents or administrative documents promulgated by competent authorities/officers.

- Pilot in commands and flight crew members assigned by the pilot in commands to record administrative violations committed aboard flying aircrafts.

The pilot in command of a flying aircraft of Vietnamese nationality shall organize recording of the administrative violation discovered aboard that flying aircraft or transfer the case to the airports authority that manages the airport or aerodrome in Vietnam where the aircraft lands for making a record of the violation.

If the pilot in command transfers the case of administrative violation discovered aboard the flying aircraft to the airports authority, his/her airline's representative shall be required to cooperate and assist the airports authority in recording of that violation.

Concurrently, Decree No. 162/2018/NĐ-CP also stipulates that when transferring the case of administrative violation to the airports authority, the pilot in command must also transfer the violating entity and the following documents/evidences to the airports authority:

- The copy of records of the violation in the pilot logbook, which must be certified by the pilot in command’s signature;

- The reports of the flight crew members who witness the case;

- The list of passengers who may witness the case, in which their seats and other necessary information must be specified;

- The exhibits and instrumentalities of the violation (if any);

- Other documents/papers relating to the violation (if any).

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

-Thao Uyen-

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