A series of current trends on social networks are currently having a serious effect on aviation safety and security. Are there legal grounds at present to impose penalties for these acts in Vietnam?
Article table of contents
What are penalties for violations against the regulations on aviation safety and security in Vietnam? (Source: internet)
1. Penalties for violations against the regulations on aviation safety and security in Vietnam
According to the provisions of Article 26 of Decree 162/2018/ND-CP, the fines for a number of common acts causing unsafety and aviation security are as follows:
A fine ranging from VND 100,000 to VND 500,000 shall be imposed for taking alcohol, alcoholic liquids and other liquids into the secure area or on an aircraft inconsistently with regulations.
A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to obey instructions given by aviation security control forces or aviation staff at an airport or aerodrome.
A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for threatening or reviling aviation staff, passengers or other persons at an airport or aerodrome or at place where aviation building or equipment is located.
A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for committing one of the following violations:
- Disrupting, inciting or persuading another to cause disruption to security and safety at an airport or aerodrome, or where civil aviation building or equipment is located but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Entering restricted areas or boarding an aircraft without passing the appropriate gate or door, or without passing through aviation security checking or screening system;
- Failure to lock the cockpit door throughout the flight as regulated;
- Breaking orders and disciplines on board the aircraft;
- Spreading or providing false information about guns, ammunitions, bombs, mines, explosives, radioactive substances, bio-weapons or chemical weapons but the violation does not interfere with normal civil aviation operations and is not serious enough to cause the violating entity to face a criminal prosecution;
- Taking person, luggage, cargo, package or other object which is not yet screened by the security into restricted areas in an airport or aerodrome or on an aircraft;
- Taking person or vehicle into restricted areas in an airport or aerodrome inconsistently with regulations;
- Using rude gestures and/or words to provoke, tease or insult aviation staff, passengers or other persons at an airport or aerodrome;
- Threatening or reviling aviation staff or passengers on board an aircraft;
- Hiring, persuading or inciting other people to fight each other or getting involved in a fight at an airport or aerodrome but the violation is not serious enough to cause the violating entity to face a criminal prosecution.
A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for committing one of the following violations:
- Illegally entering restricted areas in an airport or aerodrome or where the civil aviation building or equipment is located;
- Attacking aviation staff, passenger or other people at an airport or aerodrome or at place where the civil aviation building or equipment is located but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Grating permission to take persons or objects into the cockpit inconsistently with regulations;
- Disrupting, inciting or persuading other people to cause disruption to security and order on board an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Stealing, blatantly appropriating or illegally obtaining objects, equipment or property at an airport or aerodrome, or on board an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Taking dangerous articles or substances into restricted areas of an airport or aerodrome inconsistently with regulations but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Failure to comply with regulations on registration and receipt of weapons, combat gears or dangerous articles to be taken into restricted areas or on an aircraft;
- Failure to provide or providing false or insufficient advance passenger information (API) as regulated;
- Gambling or allowing another person to organize gambling at the head office or on the vehicle in restrictec 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;
- Failure to organize pre-flight aircraft security check as regulated;
- Hiring, persuading or inciting other people to fight each other or getting involved in a fight on board an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Transferring weapons or combat gears to unauthorized or ineligible persons for use at an airport or aerodrome or on board an aircraft;
- Using rude gestures and/or words to provoke, tease or insult aviation staff or passengers on board an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution.
A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for committing one of the following violations:
- Illegally boarding an aircraft;
- 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;
- 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;
- Having speech threatening aviation safety but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Taking dangerous articles on an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution.
A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for committing one of the following violations:
- Spreading or providing false information about guns, ammunitions, bombs, mines, explosives, radioactive substances, bio-weapons or chemical weapons, causing adverse impacts on normal civil aviation operations but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Providing false information which may threaten the safety of ground operation of an aircraft, or the safety of passengers, flight crew, groundcrew or other persons at an airport or aerodrome or where the civil aviation building or equipment is located but the violation is not serious enough to cause the violating entity to face a criminal prosecution;
- Illegally taking explosive substance or material, military weapon or flammable substance into restricted areas of an airport or aerodrome but the violation is not serious enough to cause the violating entity to face a criminal prosecution.
A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for committing one of the following violations:
- Spreading or providing false information about guns, ammunitions, bombs, mines, explosives, radioactive substances, bio-weapons or chemical weapons, or other information which may threaten the safety of a flying aircraft or persons aboard a flying aircraft;
- Illegally taking explosive substance or material, military weapon or flammable substance on an aircraft but the violation is not serious enough to cause the violating entity to face a criminal prosecution
And some other violations
2. Cases of prohibiting the transportation by air in Vietnam
Cases of prohibiting the transportation by air are specified in Article 18 of Vietnam's Decree 92/2015/ND-CP as follows:
| No. | Violations |
| Prohibiting from 03 to 12 months | |
| 1. | The disruptive passengers. |
| 2. | The passengers who fail to comply with the decision on administrative sanction in the field of civil aviation. |
| 3. | The passengers verbally threaten to use bomb, mine, explosive, explosive material, radioactive material, biological weapon in the check-in area, isolated area, aerodrome and on aircraft. |
| 4. | Intentionally spread rumors and provide false information about bomb, mine, explosive, explosive material, radioactive material, bio-chemical weapon that affect the normal operation of civil aviation activities. |
| 5. | Use fake papers to get on the aircraft. |
| 6. | Have acts of violation of public order and discipline at the airports or aerodromes and on aircraft. |
| Prohibiting from 12 to 24 months | |
| 1. | The subjects who are handled but still violates one of the cases of being banned from flying for 3 - 12 months |
| 2. | Illegally breaking into an aircraft, airport, airfield. |
| 3. | Illegally bringing dangerous objects onboard an aircraft, airport, airfield or other restricted areas. |
| 4. | Providing information which is so false that it affects the safety of aircraft in flight or on the ground, the safety of passengers, crews, ground personnel or persons at airports, airfields and civil air navigation aids, facilities and equipment. |
| 5. | Intentionally committing illegal acts endangering the safety of operation of aircraft, airports or airfields; or affecting air navigation assurance. |
| Permanently prohibiting | |
| 1. | The subjects have been handled but still violates one of the cases of being banned from flying for 12 - 24 months. |
| 2. | Holding hostages in an aircraft or at an airport or airfield. |
| 3. | Illegally possessing an aircraft on the ground. |
| 4. | Illegally possessing an aircraft in flight. |
| 5. | Using an aircraft as a weapon. |
| 6. | The persons who appropriate or cause riots at the airports or aerodromes and flight operation service providers. |
Recently, there have been acts receiving criticism such as sitting on the luggage conveyor belt at the airport, filming virtual live on the runway... However, the current Vietnamese law does not have many documents regulating the management of security and safety in the aviation sector. Therefore, for the above violations, there is still no appropriate penalties.
Quynh Anh
