Passenger Fined US$187 for Smoking on a VNA Flight; Is That Enough?

An Australian-Vietnamese passenger was fined ₫4 million (US$187) for smoking in a lavatory on board a Vietnam Airlines (VNA) flight inbound from Australia.

The incident happened Wednesday on flight VN772 from Sydney (SYD) to Tan Son Nhat Airport (SGN).

The flight crew was alerted when the smoke detector in the lavatory was triggered. Flight attendants then found the passenger, Ta Ngoc Tuan, in the lavatory with an open pack of cigarettes and smoking.

The maximum fine that can be imposed in Vietnam is ₫5 million (US$237).

Vietnam is trying to earn the Federal Aviation Administration's (FAA's) approval to start direct flights to the U.S., but the aviation safety standards in Vietnam have so far not passed muster.

This low fine is one of the symptoms of the lax civil aviation system in Vietnam. Even the Southern Airports Authority (SAA), which levied the penalty, admitted that the fines were not high enough to deter smoking on board, and this latest incident was the second documented case this year.

I do find it curious that after stating that fact, the SAA still did not levy the maximum penalty.

Read more: Boeing Signs Memo with CAAV, Pledges to Help Start Direct Vietnam-US Flights

But beyond that point, while a possible US$237 fine may be steep to some, it pales in comparison to other countries' penalties. Punishment for the same violation in the United States can be up to US$5,000 (₫106,650,000), along with immediate arrest and possible prison time.

Image source: Wikipedia

Why is this such a big issue for the airlines and aviation authorities? Most would point to the incident involving Varig Flight 820, where the cause of a fire was suspected to be a cigarette butt that was discarded in the lavatory waste bin and ignited the contents. The fire subsequently lead to a crash landing in a field, where the aircraft was consumed by flames.

Of the total 134 persons on board, only 11 survived. Many of the 123 deaths occurred before the crash due to smoke inhalation.

The civil aviation authorities in Vietnam should have the means to deter seemingly minor violations such as smoking in the lavatory, and a maximum find of a couple of hundred dollars just isn't going to cut it.

Combine that with the cultural phenomenon in Vietnam and elsewhere in Asia of people sneaking into public restrooms to skirt no-smoking policies for a quick smoke. This behavior may be a mere nuisance on the ground in a coffee shop, but can have catastrophic effects while in-flight. The fines must be steep enough to alter behavior that many consider to be "normal."

I'm glad this passenger was punished, but am disappointed that the SAA did not levy the maximum fine allowed, and very concerned that the fines overall are so little.

I would bet the FAA shares the same concerns.

Do you think the fine was high enough? Too much? Just right? Leave a comment below!

Boeing Signs Memo with CAAV, Pledges to Help Start Direct Vietnam-US Flights

Vietnamese carriers are prohibited from flying directly to the US until the CAAV receives the FAA's "Category 1" designation, which is based on meeting ICAO standards around safety and oversight. VNA has a stated goal of eventually flying from SGN to LAX and will have the aircraft to fly it, but no current authority to do so.

Signing ceremony. Image source: US Department of State

The Boeing Company and the Civil Aviation Authority of Vietnam (CAAV) recently signed a Memorandum of Collaboration, with the goal of guiding Vietnam towards receiving the "Category 1" designation from the US Federal Aviation Administration (FAA), which would allow Vietnamese airlines to begin flying their aircraft into US airports.

The only Vietnamese carrier currently with international long-haul service is Vietnam Airlines (VNA), which has stated its desire to start direct flights from Tan Son Nhat Airport in Saigon (SGN) to Los Angeles (LAX) as soon as 2016.

VNA's main domestic competitor, Vietjet Air (VJ), has stated that it will not start long-haul services for several years.

Read more: VietJet Air wants to grow aggressively, gets money to do it, needs even more money

At a ceremony in Hanoi attended by both Vietnam's Deputy Minister of Transport Nguyen Ngoc Dong and US Ambassador to Vietnam Ted Osius, representatives from the CAAV and Boeing pledged to work closely together to achieve the coveted CAT-1 status.

CAT-1 status is attained by a nation's civil authority when it meets standards set forth by the United Nations' International Civil Aviation Organization (ICAO). Such standards include an evaluation of overall safety, legislation, enforcement, and oversight.

Vietnam is not currently listed on the FAA's evaluation results because of the lack of air service to the US; this gives Vietnam a "Category 2" rating by default, preventing the launch of air service directly to the United States.

Additionally, an ICAO audit in 2007 found that Vietnam's civil aviation system had glaring deficiencies, to the point that the European Union (EU) was considering banning VNA and other Vietnamese carriers from flying in EU airspace.

While this memorandum is non-binding on the parties and the FAA, it does emphasize Boeing's active role in aiding the CAAV undertake and complete corrective measures, and highlights the aircraft manufacturer's view of Vietnam as a major growth market in commercial aviation.

While its current fleet of Boeing 777s and Airbus A330s do not have the range to make the SGN-LAX flight nonstop, VNA is poised to take delivery of two new advanced and efficient aircraft types, the Boeing 787-9 (B789) and Airbus A350-900 (A359), in the next few months to replace the current long-haul fleet.

Read more: Vietnam Airlines' Boeing 787: New Lie-Flat Seats in Business, 2 Different Economy Configurations

SGN-LAX is approximately 8,169 miles.
The shaded area is beyond the
B789's range.
Image source: Great Circle Mapper.

Both the B789s and A359s have the range to reach most of the US and all of Canada.

In recent years, diplomatic relations between Vietnam and the United States have warmed significantly. Vietnam has had a long-standing desire to connect the country to the largest populations of Vietnamese abroad. Efforts to convince overseas Vietnamese to come to their homeland have included the relaxing of travel visa requirements, the implementation of visa waivers, and the facilitation of travel for those wishing to conduct business and commerce in Vietnam.

Over 270,000 people in the greater Los Angeles area identify themselves as Vietnamese or of Vietnamese heritage, with half that population in Orange County alone.

Overall, there are more than 1.5 million Vietnamese living in the US. Other top Vietnamese populations centers are in Northern California Bay Area (over 181,000), Texas (Dallas and Houston metro areas, over 174,000), Washington, DC (over 57,000), and Seattle (over 55,000).

Failing to meet ICAO standards has had a long-reaching effect on Vietnamese aviation, beyond not securing the FAA's CAT-1 designation.

Transport Canada also prohibits Vietnamese carriers from flying into Canadian airports. There are over 220,000 living in Canada who claim a Vietnamese lineage.

Vietnam has invested heavily in aviation infrastructure, including the opening of a new US$645 million international terminal at Hanoi's Noi Bai Airport (HAN), new terminals at smaller airports like Vinh, and a completely new airport on Phu Quoc (PQC) Island to allow larger aircraft to land.

But recent lapses, such as a power outage at an air traffic control center that left airspace around SGN unmonitored for over an hour, give the ICAO and FAA cause for concern.

VNA Aims to fly Saigon to Los Angeles Direct in 2016

Author's Note: A substantial version of this entry was originally posted on the Flyertalk.com forum on January 1, 2015.

VNA outlines its fleet and route expansion plans in its IPO prospectus, including the desire for direct SGN-LAX service in 2016.

In Vietman Airlines' (VNA's) initial public offering (IPO) prospectus, a very interesting tidbit popped out at me, regarding VNA's route expansion plans:

"North America: We carefully expand our presence in this market in order to maintain the efficiency of the entire network. In specific, to develop our trans-Pacific network, route from Ho Chi Minh City to Los Angeles will be inaugurated in 2016 while flights to San Francisco, Washington and Vancouver will be inaugurated when applicable."

Obviously a lot can happen (or not happen) in 1-2 years. I do think the lynchpin to this whole expansion plan is the Federal Aviation Administration's (FAA's) acceptance of Vietnam-flagged aircraft into US airports, and that's predicated by Vietnam's Civil Aviation Authority (CAAV) meeting the International Civil Aviation Organization's safety standards.

VNA must be very optimistic that the issues can be worked out.

If you'll allow me to indulge in my own speculation:

• The FAA will have to give VNA their blessing sometime in 2015 to make the 2016 timeframe work.
• SGN-LAX would instantly become VNA's crown jewel route (sorry Paris-CDG). 
• VNA would throw the best equipment they have on this route if available, so an Airbus A350 (A359), which has more seats than a Boeing 787-9 (B789)... or may even push VN into acting on their memo of understanding in regards to the Airbus A380,
• I see San Francisco (SFO) going A359; Vancouver and Washington, DC could go B789.
• San Jose (SJC) will try give VNA the kitchen sink to win the route over SFO; it would be more convenient to the expatriate & refugee population centered in San Jose, and SJC would love to have another Asian destination (in addition to Tokyo [NRT] on ANA [NH]).
• I'm surprised Houston (IAH) wasn't mentioned, perhaps it was an oversight? A B789 would work well on that route.
• Since launching SGN-LAX would require a bilateral agreement, I would guess that a US-based carrier would launch service to compete with VNA. The obvious choice would be United (UA), as they already fly to SGN via Hong Kong (HKG). However, I'm putting my money with long odds on American (AA) with a B789.

What do you think?