THE NATIONAL
ASSEMBLY
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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|
No. 61/2014/QH13
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Hanoi, November
21, 2014
|
LAW
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE VIETNAM CIVIL AVIATION LAW
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law
Amending and Supplementing a Number of Articles of Vietnam Civil Aviation Law
No. 66/2006/QH11.
Article 1.
To amend and supplement a
number of articles of the Vietnam Civil Aviation Law:
1. To amend and supplement
Clause 5 of, and add Clause 6 to, Article 6 as follows:
“5. The State shall protect lawful rights and
interests of Vietnamese organizations and individuals, overseas Vietnamese and
foreign organizations and individuals involved in civil aviation activities.
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2. To amend and supplement
Article 8 as follows:
“Article 8. Contents of state management of civil
aviation
1. Promulgating, and organizing the implementation
of, legal documents, econo-technical norms, standards, technical regulations,
rules and processes related to civil aviation.
2. Formulating, and directing the implementation
of, strategies, master plans, plans and policies on development of the civil
aviation sector in accordance with law.
3. Managing civil flight activities in the
Vietnamese territory and in the flight information regions managed by Vietnam;
managing the building of service facilities, technical systems, air navigation
facilities and equipment.
4. Planning and managing the building and operation
of airports and airfields; managing the use of land in airports and airfields.
5. Managing air carriage activities; inspecting and
supervising operations of air carriage enterprises and air service providers.
6. Registering aircraft and rights to aircraft.
7. Managing the designing, manufacture, operation,
repair, maintenance, import and export of aircraft, aircraft engines, aircraft
propellers, aircraft equipment and other facilities, equipment and supplies for
civil aviation activities.
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9. Managing the assurance of security and safety
for civil aviation activities; organizing and ensuring security and safety for
special flights and special-purpose flights.
10. Managing aircraft search and rescue activities
and investigations into aircraft incidents and accidents.
11. Conducting international cooperation on civil
aviation.
12. Managing the training and development of human
resources for the civil aviation sector, giving health checks to aviation employees.
13. Managing scientific and technological
activities in the civil aviation sector; conducting environmental protection,
natural disaster prevention and response to climate change in civil aviation
activities.
14. Managing prices, charges and fees in civil
aviation activities.
15. Examining, inspecting and settling complaints
and denunciations, and handling violations in civil aviation activities.”
3. To add Clause 2a following
Clause 2 of Article 9 as follows:
“2a. The body performing the specialized state
management of civil aviation under the Ministry of Transport is the Aviation
Authority.
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a/ To issue instructions and clearances; to take
emergency measures, including stopping flights and operation of aviation
vehicles, equipment and employees, to ensure aviation security and safety and
maintain synchronous operation of the air carriage chain;
b/ To supervise the operation and maintenance of
aircraft and aviation infrastructure, and ensure air navigation activities, air
carriage operation, provision of aviation services and non-aviation services;
to grant, approve or recognize licenses, certificates, ratings, and specialized
civil aviation operation documents;
c/ To organize, operate and direct systems for
aviation security and safety surveillance and management, aviation search and
rescue and airport emergencies; to organize and direct the handling,
investigation into and verification of circumstances threatening aviation
safety and security, aviation incidents and accidents, and the performance of
special flights;
d/ To appoint supervisors in charge of assurance of
aviation safety and security and quality of aviation services up to standards
set by the Minister of Transport;
dd/ To summarize, analyze and assess reports on
aircraft incidents and accidents; to inspect and supervise the remediation of
aircraft incidents and accidents and take measures to prevent aircraft
incidents and accidents; to investigate aircraft incidents and accidents;
e/ To issue or recognize for application
specialized civil aviation processes and standards;
g/ To announce and distribute in the country and
abroad information and notices related to civil aviation activities;
h/ To conduct specialized civil aviation
inspection.
The Government shall detail this Clause.”
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“1. The body performing the specialized state
management of civil aviation shall conduct specialized civil aviation
inspection and has the following tasks and powers:
a/ To inspect the observance of the civil aviation
law; treaties to which the Socialist Republic of Vietnam is a contracting
party; and civil aviation operation rules, standards, technical regulations,
regulations and processes;
b/ To stop operation of organizations, individuals
and vehicles that violate aviation safety and security regulations or fail to
satisfy technical standards and conditions on aviation safety and security;
c/ To sanction administrative violations in civil
aviation in accordance with the law on handling of administrative violations;
d/ To temporarily seize aircraft;
dd/ To coordinate with inspectorates of ministries,
ministerial-level agencies, government- attached agencies and concerned local
agencies in detecting, stopping and handling violations of the civil aviation
law;
e/ To recommend measures to handle and remedy
violations in civil aviation activities.
g/ To perform other tasks and exercise other powers
as prescribed by law.
2. The body performing the specialized state
management of civil aviation shall organize aviation inspection to perform the
inspection function specified in Clause 1 of this Article.”
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“Article 11. Charges, fees and prices for
specialized aviation services
1. Specialized aviation services include:
a/ Aviation services, which are directly related to
aircraft operation, air carriage operation and flight activities;
b/ Non-aviation services, which are provided at
airports and airfields or onboard aircraft other than aviation services.
2. Specialized aviation charges and fees include:
a/ Charge for flight through the airspace of
Vietnam, charge for the transfer of operation rights and other charges
prescribed by the law on charges and fees;
b/ Fees for the grant of certificates and licenses
related to civil aviation activities.
3. Aviation service prices include:
a/ Price of the takeoff and landing service; price
of the administration service for arrival and departure flights; price of the
air navigation assurance supporting service; price of passenger services; price
of aviation security assurance, and price of the administration service for
flights through flight information regions managed by Vietnam;
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4. Non-aviation service prices include:
a/ Price for ground lease and prices of essential
services at airports and airfields;
b/ Prices of other non-aviation services at
airports and airfields.
5. The Ministry of Finance shall prescribe rates of
charges and fees specified in Clause 2 of this Article at the request of the
Ministry of Transport.
6. The Ministry of Transport shall prescribe
service prices specified at Point a, Clause 3 of this Article according to the
pricing method prescribed by the Ministry of Finance.
7. Enterprises may decide on service prices
prescribed at Point b, Clause 3 and Point a, Clause 4 of this Article within
the price frames prescribed by the Ministry of Transport and declare them to
the Ministry of Transport.
8. Enterprises may decide on service prices
specified at Point b, Clause 4 of this Article and display them under
regulations.”
6. To amend and supplement
Clause 4, Article 14 as follows:
“4. At the request of the aircraft registrant,
aircraft owner, secured transaction taker, aircraft lessor or conditional
seller.”
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“Article 20. Designing, manufacture, repair,
maintenance and test of aircraft, aircraft engines, aircraft propellers and
aircraft equipment
1. The designing, manufacture, repair, maintenance
or test of aircraft, aircraft engines, aircraft propellers and aircraft
equipment in Vietnam must comply with standards promulgated or recognized by
competent state agencies.
2. Establishments engaged in designing,
manufacturing, repairing, maintaining or testing aircraft, aircraft engines,
aircraft propellers and aircraft equipment in Vietnam must possess licenses
granted by the Ministry of Transport. Applicants for those licenses shall pay a
fee.
3. Aircraft bearing Vietnamese nationality,
aircraft engines, aircraft propellers and aircraft equipment bearing Vietnamese
nationality shall be maintained only at maintenance establishments and under
maintenance programs already approved by the Ministry of Transport.
4. When practically testing flight characteristics
of aircraft, organizations and individuals that research and manufacture
aircraft, aircraft engines, aircraft propellers and aircraft equipment shall
report to and comply with regulations of the Ministry of National Defense.”
8. To amend and supplement
Article 21 as follows:
“Article 21. Specific provisions on airworthiness
standards
1. The Minister of Transport shall prescribe
airworthiness standards and procedures for grant or recognition of
airworthiness certificates and type certificates, criteria and procedures for
licensing establishments to design, manufacture, repair, maintain or test aircraft,
aircraft engines, aircraft propellers and aircraft equipment, except in the
case specified in Clause 2 of this Article.
2. The Minister of National Defense shall prescribe
airworthiness standards; criteria and procedures for licensing establishments to
design, manufacture, repair, maintain or test unmanned aircraft and ultralight
aerial vehicles, and their engines, propellers and equipment.
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Ultralight aerial vehicles include aerostats and
aerial models of all kinds.
Aerostat means an aerial craft that gains its lift
through the use of a buoyant gas in its gasbags. Aerostat includes powered
airship and unpowered balloon.
Aerial models include gliders that simulate shapes
and type models of airplanes, have engines and can be controlled by radio or
programmed devices; and paragliders and kites, whether or not man-controlled,
except traditional kites.”
9. To amend and supplement
Article 27 as follows:
“Article 27. Specific provisions on aircraft
operation
1. The Minister of Transport shall prescribe the
operation of aircraft, conditions, procedures and order for the grant of
aircraft operator certificates, permits for use of radio equipment installed on
aircraft; and requirements on environmental protection for aircraft and
aircraft engines, except those prescribed in Clause 2 of this Article.
2. The Minister of National Defense shall prescribe
the operation of unmanned aircraft and ultralight aerial vehicles.”
10. To amend and supplement
Clause 1, Article 28 as follows:
“1. Rights to aircraft include:
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b/ Right to possess aircraft through hire-purchase
or lease for six months or more;
c/ Mortgage or pledge of aircraft;
d/ Other rights as provided by the civil law and
treaties to which the Socialist Republic of Vietnam is a contracting party.”
11. To add the following
Clause 6 to Article 49:
“6. The Ministry of National Defense shall decide
to open or close special-use airfields after reaching agreement with the
Ministry of Transport.
The Government shall prescribe conditions, order
and procedures for opening and closing special-use airfields.”
12. To amend and supplement
Clause 4, Article 50 as follows:
“4. Owners or organizations assigned to manage
airports or airfields shall apply for airport or airfield registration
certificates.
Applicants for airport or airfield registration
certificates shall pay a fee.”
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“2. The Ministry of Transport shall assume the
prime responsibility for, and coordinate with related agencies in, elaborating
a national master plan on development of the airport and airfield system,
except special-use airfields, and submitting it to the Prime Minister for
approval.
The Minister of Transport shall approve detailed
master plans on airports and airfields nationwide, except special-use
airfields!”
14. To add Clause 3 to Article
58 as follows:
“3. The Ministry of Transport shall manage and
supervise the construction, maintenance and repair of airports and airfields
and maintenance of sufficient operation conditions for airports and airfields.
The Ministry of Construction shall, within the
ambit of its tasks and powers, coordinate with concerned agencies in managing
the construction quality of civil works at airports and airfields.”
15. To amend and supplement
Clause 1, Article 59 as follows:
“1. Airport authority means an agency attached to
the body performing the specialized state management of civil aviation and
performing the state management of civil aviation at airports and airfields in
accordance with law.”
16. To amend and supplement
Clauses 2 and 3, Article 79 as follows:
“2. The Ministry of National Defense shall assume
the prime responsibility for, and coordinate with the Ministry of Transport in,
deciding to establish and operate the airspaces of airfields and flight zones
to serve general aviation activities; and submitting to the Prime Minister for
decision the establishment and operation of air routes.
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Flight zone to serve general aviation activities
means an aerial area which is delimited in its width and elevation suitable to
each type of operation and has flight rules and methods and requirements on the
provision of air navigation assurance services.
Air route means an aerial area which is delimited
in its width and elevation and controlled.
3. The Ministry of Transport shall manage the
organization and operation of air routes and airspaces of civil airfields and
flight zones to serve general aviation activities in the Vietnamese airspace
and flight information regions managed by Vietnam. The organization of
operation of the airspace of an airfield used for dual civil and military
purposes or of a flight zone to serve general aviation activities is subject to
written agreement of the Ministry of National Defense.”
17. To amend and supplement
Clause 2, Article 80 as follows:
“2. Vietnamese and foreign aircraft making
international flights may only take off from and land at international
airports; in case such an aircraft takes off from or lands at a domestic
airport or airfield or an international flight is engaged in domestic carriage
with a Vietnamese aircraft, permission of the Ministry of Transport after
reaching agreement with the Ministry of National Defense is required.
International flight referred to in this Law means
a flight made over the territories of more than one state.”
18. To amend and supplement
Clause 2 of Article 81 as follows:
“2. Aircraft operating within the Vietnamese
territory must obtain flight permits from the following Vietnamese agencies:
a/ The Ministry of Foreign Affairs, which shall
grant flight permits to foreign special flights carrying guests invited by the
Party and the State and escort or preparation flights of such special flights
engaged in civil aviation activities in Vietnam.
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b/ The Ministry of National Defense, which shall
grant flight permits for flights of Vietnamese and foreign military aircraft
engaged in civil aviation activities in Vietnam; for flights of unmanned
aircraft or ultralight aerial vehicles; or for flights outside air routes;
c/ The Ministry of Transport, which shall grant
flight permits for flights engaged in civil aviation activities in Vietnam,
including flights of Vietnamese and foreign aircraft for civil purposes other
than those mentioned at Points a and b of this Clause; special flights of
Vietnam, escort or preparation flights of such special flights; foreign special
flights other than those specified at Point a of this Clause and escort or
preparation flights of such special flights; and for flights of Vietnamese and
foreign official-duty aircraft other than those specified at Points a and b of
this Clause.”
19. To amend and supplement
Clause 2 of, and add Clause 5 to, Article 92 as follows:
“2. The Ministry of National Defense shall assume
the prime responsibility for, and coordinate with the Ministry of Transport in,
prescribing and managing air obstacle limitation surfaces and heights of works related
to air obstacle limitation surfaces.
The Ministry of Transport shall assume the prime
responsibility for, and coordinate with the Ministry of National Defense in,
publicly announcing air obstacle limitation surfaces and heights of works
related to air obstacle limitation surfaces in airfields where civil aviation
activities are conducted; limited areas for ensuring normal operation of
aeronautical radio stations; limits of obstacles in areas adjacent to airports
and airfields; making statistics on, marking and announcing a list of natural
and artificial obstacles that are likely to affect the safety of air
navigation.”
“5. When licensing the construction of works in
areas specified in Clause 2 of this Article, the competent licensing agency
shall ensure compliance with regulations on the height of works related to air
obstacle limitation surfaces.”
20. To amend and supplement
Clause 1, Article 94 as follows:
“1. The Government shall prescribe in detail the
organization and use of the airspace; management of air navigation at airports
and airfields; grant of flight permits; coordinated management of civil and
military air navigation; management of special-purpose flights; and management
of air obstacles.”
21. To amend the title of
Section 2, Chapter V as follows:
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22. To amend and supplement
Article 95 as follows:
“Article 95. Air navigation assurance
1. Air navigation assurance covers:
a/ Organization and management of air navigation
assurance;
b/ Provision of air navigation assurance services.
2. Organization and management of air navigation
assurance means establishment and operation of an air navigation assurance
system, covering planning of flight information regions; planning and
management of construction, maintenance, repair and maintenance of sufficient
conditions for operation of infrastructure and organization of operation of the
air navigation assurance system; standardization, assessment and surveillance
to ensure the quality of provided air navigation assurance services;
coordination of flight administration and notification of aeronautical
information.
The Ministry of Transport shall organize and manage
air navigation assurance.
3. Air navigation assurance services are necessary
services to ensure safety, regularity, continuity and efficiency for air
navigation, including air traffic service; aeronautical communication,
navigation and surveillance service; meteorological service; aeronautical
information notification service; and search and rescue service. Air navigation
assurance services are public ones.
4. Enterprises providing air navigation assurance
services must have service provision facilities and technical and equipment
systems with operation permits granted by the Ministry of Transport.
Enterprises applying for such operation permits shall pay a fee.
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23. To amend and supplement
Clauses 2 and 3, Article 102 as follows:
“2. When an aircraft is in danger or distress at an
airport, an airfield or an area adjacent thereto, the body performing the
specialized state management of civil aviation shall coordinate with People’s
Committees at all levels in searching for and rescuing the aircraft, persons
and property.
3. When an aircraft is in danger or distress
outside areas specified in Clause 2 of this Article, the National Committee for
Search and Rescue shall assume the prime responsibility for, and coordinate
with the Ministry of Transport, related ministries and sectors, People’s
Committees at all levels and other agencies and organizations in searching for
and rescuing the aircraft, persons and property.”
24. To add Clause 4a following
Clause 4 of Article 110 as follows:
“4a. Enterprises obtaining air carriage business
licenses have the following obligations:
a/ To publicly announce contents of their licenses;
b/ To operate for proper purposes and contents and
under conditions stated in their licenses;
c/ To maintain the prescribed conditions for grant
of air carriage business licenses and aircraft operator certificates;
d/ To maintain the quality of air carriage services
under regulations of the Ministry of Transport;
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25. To amend and supplement
Clause 2, Article 112 as follows:
“2. Airlines shall deal in air carriage within the
scope of the right to air carriage granted by the Ministry of Transport; may
neither buy nor sell such right or commit prohibited acts of competition
suppression or unfair competition; may not use brands, including trade names
and marks confusingly similar to those of other airlines; and may neither
transfer nor receive the air carriage business right.”
26. To amend and supplement
Clause 3, Article 115 as follows:
“3. The Ministry of Transport shall designate
Vietnamese airlines to operate air routes to areas with particularly difficult
socio-economic conditions, mountainous, deep-lying and remote areas where there
are essential needs for public air carriage.”
27. To amend and supplement
Article 116 as follows:
“Article 116. Air carriage service prices
1. Airlines shall notify air carriage service
prices for international routes to and from Vietnam at the request of the
Ministry of Transport, unless otherwise provided by treaties to which the
Socialist Republic of Vietnam is a contracting party.
2. Airlines may decide on domestic air carriage
service prices within the service price frame prescribed by the Ministry of
Transport and declare such prices to the Ministry of Transport.”
28. To amend and supplement
Clause 5 of; and add Clause 6 to Article 145 as follows:
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The Minister of Transport shall specify the time
for prior notice, long flight delay period and non-refundable advance
compensations after reaching agreement with the Minister of Finance.
6. The Minister of Transport shall prescribe the
quality of passenger services provided at airports and airfields.”
29. To amend and supplement
Article 159 as follows:
“Article 159. Carriage of weapons, war tools and
radioactive materials
1. It is prohibited to carry by air weapons, war
tools and radioactive materials into or through the Vietnamese territory,
except the cases prescribed in Clauses 2 and 3 of this Article.
This provision also applies to official-duty
aircraft.
2. The Minister of National Defense shall decide on
special cases in which the air carriage of weapons and war tools into or
through the Vietnamese territory is permitted.
3. The Prime Minister shall decide on special cases
in which the air carriage of radioactive materials into or through the
Vietnamese territory is permitted.
4. In addition to Clauses 1, 2 and 3 of this
Article, the air carriage of weapons, war tools and radioactive materials must
comply with relevant regulations.”
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“3. The carrier may be partly or wholly exonerated
from its compensation liability for the damage to the cargo at a corresponding
level in the following cases:
a/ Natural characteristics or inherent defects of
the cargo;
b/ A decision of the court or a competent state
agency in relation to the cargo;
c/ The break-out of war or an armed conflict;
d/ The fault of the consignor or the consignee or
the cargo escorter appointed by the consignor or the consignee.
4. The carrier may be partly or wholly exonerated
from its compensation liability for the damage to the checked baggage at a
corresponding level caused by natural characteristics or inherent defects of
the baggage.”
31. To amend and supplement
Clause 2, Article 190 as follows:
“2. Acts of illegal interference in civil aviation
activities are acts likely to endanger the safety of civil aviation, including:
a/ Illegally possessing an aircraft in flight;
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c/ Using an aircraft as a weapon;
d/ Holding hostages in an aircraft or at an airport
or airfield;
dd/ Illegally breaking into an aircraft, airport,
airfield and civil aviation facilities, equipment and devices;
e/ Illegally bringing dangerous objects onboard an
aircraft, airport, airfield or other restricted areas.
Dangerous objects include weapons, ammunitions,
combustibles, flammables, explosives, chemical and biological toxins,
radioactive substances and other objects and substances capable of causing
danger or being used to cause danger to human health and life and safety of
flight;
g/ 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;
h/ Intentionally committing illegal acts
endangering the safety of operation of aircraft, airports or airfields; or
affecting air navigation assurance.”
32. To amend and supplement
Article 191 as follows:
“Article 191. Aviation security assurance
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a/ Safeguarding security and national defense,
maintaining social order and safety in accordance with the laws on national
security, national defense, people’s public security force, counter-terrorism,
and other relevant laws;
b/ Establishing restricted areas in airports,
airfields and places where exist air navigation aids, facilities and equipment
to protect aircraft and works, facilities and equipment in such places;
c/ Checking, screening and supervising aviation
security of aircraft, vehicles, people, baggage, cargoes leaving, entering and
operating in restricted areas under regulations; searching aircraft, vehicles,
people, baggage and cargoes when they show signs of endangering aviation
security;
d/ Precluding the possibility of illegal air
carriage of dangerous articles; applying special preventive measures when
permitting the carriage of dangerous articles and persons that are likely to
endanger aviation security; imposing permanent or temporary ban on carriage of
troublemaking passengers and people who commit acts of illegally interference
in civil aviation activities or at the request of competent state agencies.
Troublemaking passenger means a passenger who
intentionally refuses to abide by regulations on aviation safety and security
and public order at an airport or airfield, onboard an aircraft or spreads or
provides false information endangering aviation safety;
dd/ Supervising aviation security, maintaining
order and discipline at airports, airfields and places where exist air
navigation aids, facilities and equipment and onboard aircraft;
e/ Preventing and combating terrorism onboard
aircraft;
g/ Applying special preventive measures when
permitting the carriage of dangerous persons;
h/ Controlling internal security among aviation
employees;
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2. The Ministry of Public Security and the Ministry
of National Defense shall, within the ambit of their powers, assume the prime
responsibility for, and coordinate with the Ministry of Transport,
provincial-level People’s Committees and related ministries and sectors in,
organizing the application of the measures specified at Points a, e, g and i,
Clause 1 of this Article.
3. The Ministry of Transport shall assume the prime
responsibility for, and coordinate with the Ministry of Public Security and
Ministry of National Defense, provincial-level People’s Committees and related
ministries and sectors in, organizing the application of the measures specified
at Points b, c, d, dd and h, Clause 1 of this Article.
4. The Government shall detail this Article.”
33. To amend and supplement
Clause 1, Article 192 as follows:
“1. Restricted area is an area in an airport or
airfield or a place where exist air navigation aids, facilities and equipment
in which entry, exit and activities must comply with regulations of competent
state agencies and are subject to aviation security check, screening,
surveillance and search under regulations.”
34. To amend and supplement
Article 193 as follows:
“Article 193. Pre-flight aviation security check,
screening, surveillance and search
1. Aircraft must go through pre-flight aviation
security check and surveillance; in case there is a sign or information
threatening flight security and safety, aviation security search shall be
conducted.
2. Passengers, crew members, flight attendants, other
related persons, baggage, cargoes, postal items and other objects shall go
through aviation security check, screening and surveillance before getting
onboard aircraft; in case there is a sign or information threatening flight
security and safety, aviation security search shall be conducted. Surveillance
of aviation security and maintenance of order and discipline on board the
aircraft shall be performed throughout the flight.
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35. To amend and supplement
Article 195 as follows:
“Article 195. Aviation security control force
1. The aviation security control force shall be
organized under direction of the Ministry of Transport to apply aviation
security assurance measures within the scope of responsibility of the Ministry
of Transport.
2. Areas of operation of the aviation security
control force covers airports, airfields, aircraft, establishments providing
air traffic services, establishments manufacturing, maintaining and repairing
aircraft and aircraft equipment, establishments providing aviation services at
airports and airfields, and establishments processing cargoes and postal items
to be loaded onto aircraft.
3. The aviation security control force shall be recruited
and trained to meet professional requirements; and provided with uniforms,
badges and insignias under regulations of the Ministry of Transport.
4. The aviation security control force shall be
equipped with and entitled to use weapons, support tools, equipment and
vehicles to perform their tasks prescribed by law.
5. The Ministry of Public Security and Ministry of
National Defense shall coordinate with the Ministry of Transport in providing
professional training, guidelines and instructions to the aviation security
control force.”
36. To amend and supplement
Article 196 as follows:
“Article 196. Aviation security programs and
regulations
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2. Aviation security programs and regulations
include:
a/ Vietnam’s aviation security program;
b/ Vietnam’s aviation security training program;
c/ Vietnam’s aviation security quality control
program;
d/ Aviation security programs of airport and
airfield operators;
dd/ Aviation security programs of airlines;
e/ Aviation security training programs of
establishments training aviation employees;
g/ Aviation security regulations of establishments
providing air traffic services, establishments manufacturing, maintaining and
repairing aircraft and aircraft equipment, establishments providing aviation
services at airports and airfields, and establishments processing cargoes and postal
items to be loaded onto aircraft.
3. Aviation security programs and regulations
specified in Clause 2 of this Article shall be promulgated in accordance with
Vietnamese law and treaties to which the Socialist Republic of Vietnam is a
contracting party.
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The Aviation Authority shall approve aviation
security programs and regulations specified at Points d, dd, e and g, Clause 2
of this Article; accept or reject aviation security programs of foreign
airlines.”
37. To amend and supplement
Article 197 as follows:
“Article 197. Responsibilities of organizations and
individuals involved in civil aviation activities to ensure aviation security
1. Operators of airports and airfields, airlines,
establishments providing air traffic services, establishments manufacturing,
maintaining and repairing aircraft and aircraft equipment, establishments
providing aviation services at airports and airfields, and establishments
processing cargoes and postal items to be loaded onto aircraft shall formulate
civil aviation security programs and regulations and submit them to competent
state agencies for approval, and organize their implementation; and ensure
aviation security for activities under their management.
2. Foreign airlines that operate scheduled carriage
to and from Vietnam shall submit to the Aviation Authority their civil aviation
security programs for their operations in Vietnam.
3. Airlines and aircraft operators that operate
international flights to Vietnam shall provide in advance information on
flights, passengers and crews to competent state agencies under regulations of
the Government.
4. Other organizations and individuals involved in
civil aviation activities shall comply with the aviation security law.
5. The Ministry of Transport shall supervise and
evaluate the application of aviation security assurance measures in accordance
with Vietnamese law and treaties to which the Socialist Republic of Vietnam is
a contracting party; inspect, examine, survey, test, evaluate and investigate
the observance of the aviation security law by organizations and individuals
involved in civil aviation activities.”
38. To add the following Clause
4 to Article 198:
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39. To replace the phrase “postal items, postal parcels, mails”
in Point b, Clause 1, Article 45; Clause 2, Article 47; Clause 1, Article 109;
Clause 1, Article 111; Article 119; Clause 2, Article 120; Clause 3, Article
121;Article 157; and Clause 1,Article 198 with the phrase “postal items.” To
replace the phrase “the Ministry of Post and Telematics” m Clause 3, Article 94
with the phrase “the Ministry of Information and Communications.” To replace
the phrase “freight” in Clause 1 and at Point c, Clause 2, Article 126; Clause
2, Article 128; and Clause 2, Article 143; and the word “freight” in Clause 1,
Article 128; Clause 1, Article 143; and Clause 4, Article 161; Clauses 5 and 6,
Article 147 with the phrase “service price.” To replace the phrase “the
disabled” in Clause 2, Article 145 with the phrase “people with disabilities.”
40. To annul Article 125; and
Clauses 3 and 4 of Article 158.
Article 2.
To amend and supplement
Points a and b, Clause 3, Article 19 of Price Law No. 11/2012/QH13 as follows:
“a/ Setting specific prices for:
- Aviation services, including takeoff and landing
service; administration service for departure and arrival flights; air
navigation assurance assistance service; passenger services; aviation security
assurance service and administration service for flights through flight
information regions managed by Vietnam;
- Telecommunications connection service;
- Power: power transmission price; power system
supporting service price;
b/ Setting price frames for power generation price;
power wholesale price; average power retail price; prices for other aviation
services; ground lease price and prices for essential services at airports and
airfields;”
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1. This Law takes effect on
July 1, 2015.
2. The Government and competent agencies shall
detail articles and clauses of this Law as assigned.
This Law was passed on November 21, 2014, by the
XIIIth National Assembly of the Socialist Republic of Vietnam at its
8th session. -
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung