The Ministry of Construction is submitting a draft Decree amending and supplementing a number of articles of Decree No. 162/2018/ND-CP dated November 30, 2018 of the Government regulating administrative sanctions in the field of civil aviation and Decree 123/2021/ND-CP dated December 28, 2021 of the Government amending and supplementing a number of articles of Decrees regulating administrative sanctions in the field of maritime; road and railway traffic; civil aviation on the authority to sanction administrative violations.
One of the notable points in the draft is to amend and supplement the authority of the chairman of the People's Committee of the commune in the aviation sector. In detail, the commune chairman has the following authority:
Warning fine.
Fine up to 50,000,000 VND.
revoke the right to use a limited-term license or suspend its operation for a period of time.
Confiscate exhibits and means of administrative violation.
Apply remedial measures as prescribed in Clause 3, Article 4 of Decree 162/2018/ND-CP.
Thus, compared to Decree 162/2018/ND-CP, the authority to sanction commune chairmen in the aviation sector has some new points as follows:
The fine of the commune chairman increased 10 times from 5 million to 50 million VND.
The draft adds the authority to the commune chairman to revoke the right to use a temporary license or suspend operations for a period of time.
Regarding the application of broader remedial measures, including all in Clause 3, Article 4 of Decree 162/2018/ND-CP. Details are as follows:
Forced to remove violating elements on aircraft and on vehicles and equipment.
Forced to re-export aircraft, engines, and fans of aircraft imported into Vietnam.
Forced to restore the original state.
Forced demolition of works, parts of works built or installed without a License or constructed not in accordance with a License.
Forced to take measures to overcome environmental pollution and spread of diseases.
Forced return of stolen, publicly misappropriated, or illegally occupied objects, equipment, or assets.
Forced return of encroached, occupied land or forced return of the site.
Forced to maintain the project.
Forced to re-organize inspections and re-exams.
Forced to cancel the test and exam results.
Forced to revoke the issued practice certificate.
Forced to cancel the results of health examination and assessment.
Forced to return the illegally obtained profits.
Forced to perform maintenance and prepare aircraft maintenance records.
