THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No. 29-CP
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Hanoi, April 02,
1997
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DECREE
PROMULGATING
THE REGULATION ON THE COORDINATION OF ACTIVITIES OF THE STATE MANAGEMENT
AGENCIES AT CIVIL AIRPORTS AND AIRFIELDS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Law on Vietnam Civil Aviation of December 26, 1991 and the Law
on the amendment and supplementation of a number of articles of the Law on
Vietnam Civil Aviation of April 20, 1995;
At the proposal of the Director of the Department of Vietnam Civil Aviation,
DECREES:
Article 1.- To promulgate
together with this Decree the Regulation on the coordination of activities of
the State management agencies at civil airports and airfields.
Article 2.-
This Decree takes effect from the date of its signing. All stipulations issued
earlier are now annulled.
Article 3.-
The Ministers, the Heads of ministerial-level agencies, the Heads of the
agencies attached to the Government, and the Presidents of the People�s
Committees of the provinces and cities directly under the Central Government
shall have to implement this Decree.
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ON
BEHALF OF THE GOVERNMENT FOR THE PRIME MINISTER DEPUTY PRIME MINISTER
Phan Van Khai
REGULATION ON THE COORDINATION OF ACTIVITIES OF THE STATE MANAGEMENT
AGENCIES AT CIVIL AIRPORTS AND AIRFIELDS
(issued together with Decree
No.29-CP of April 2, 1997 of the Government)
Article 1.- This
Regulation stipulate the tasks and principles on the coordination of activities
of the agencies exercising the function of State management at civil airports
and airfields.
Article 2.-
The agencies mentioned in Article 1 of this Regulation are those agencies
exercising the specialized function of State management in the operation of
civil airports and airfields, border gate security and border gate customs
check; border gate control of cultural products; border gate control of plant
and animal epidemics; border gate quarantine control and other activities at
civil airports and airfields as provided for by law.
Article 3.-
1. The agencies exercising the
function of State management at civil airports and airfields shall conduct
their professional activities on the principle of independence without
affecting the normal operation of airports and airfields.
2. The agencies exercising the
function of State management at civil airports and airfields shall have to
closely cooperate with one another to fulfil the task assigned and settle any
problem that may arise on the principle of respect for each other�s function,
power and task. In case the agencies concerned cannot reach agreement on the
way of settling a problem that has cropped up which must be promptly solved to
ensure a regular, continuous and safe operation of an airport or airfield, the
Director of the airport administration is allowed to decide it and shall bear
responsibility for his decision, and at the same time, he must report it
immediately to the higher level agency.
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1. The airport administration
shall exercise the function of managing the civil airports and airfields and
ensuring security and safety for all activities at airports and airfields;
directing the coordination of activities among the agencies that exercise the
function of State management and the professional and business units at
airports and airfields with a view to ensuring that the airports and airfields
operate and are used in accordance with law.
2. In case there are breaches of
airport law or threats to the security and safety of civil aviation, emergency
cases or accidents at civil airports or airfields, the Director of the airport
administration shall have to direct the units concerned to take suitable
measures to cope with it; decide administrative sanctions within his
jurisdiction, or transfer the matter to the authorized State agencies to study
and settle in accordance with law.
3. In case a dangerous epidemic
is announced at an airport or airfield, the Director of the airport
administration shall have to direct the units concerned to immediately take
necessary measures to prevent the spread of the epidemic and stamp it out under
the professional guidance of the authorized State agencies.
Article 5.-
The border gate police office shall have to manage and check the exit and entry
visas of passengers and the crew on international flights via international
civil airports and airfields; supervise, detect and cooperate with the
specialized agencies to promptly handle the acts that threaten national
security at border gates as provided for by law.
Article 6.-
The border gate customs office shall have to conduct customs supervision and control
of the export and import of commodities, luggage, post, postal packages,
belongings and other property (foreign and Vietnamese currencies), the
departure, arrival or transit of airliners through the international civil
airports or airfields; handle the smuggling of those commodities and things
that are banned from being imported and exported and the breaches of customs
regulations in accordance with law.
Article 7.-
The border gate cultural products control office shall have to supervise and
check the contents of the cultural products that are exported or imported at
the international civil airports and airfields; and cooperate with the border
gate customs office to handle the violations as stipulated by law.
Article 8.-
The border gate quarantine office shall have to conduct quarantine control at
the international civil airports and airfields; cooperate with the airport
medical center and the local medical service to prevent the spread of
contagious diseases through passengers entering Vietnam or departuring from
Vietnam; and handle the violations of quarantine control at the border gates in
accordance with law.
Article 9.-
The border gate animal and plant epidemics control office shall have to conduct
epidemic control of the animals and plants that are exported, imported or in
transit through the international civil airports and airfields, prevent the
spread of dangerous epidemics through the animals and plants entering Vietnam
or departuring from Vietnam; and cooperate with the border gate customs office
to handle violations of the epidemic control of animals and plants at border
gates in accordance with law.
Article 10.-
The agencies and units operating at civil airports and airfields shall have to
hold regular inter-unit meetings every month to draw experiences from the
coordination of their activities, and when necessary, they can hold an
irregular meeting. The Director of the airport administration shall convene and
preside over these meetings.
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1. The agencies exercising the
function of State management at civil airports and airfields shall have their
separate workplace in the terminal area suitable to perform their task. These
agencies shall have to discuss with the Director of the airport administration
the installation of their specialized equipment.
2. While doing their duty the
officers and personnel of the agencies exercising the function of State
management at civil airports and airfields must wear the uniform of their
branch and an ID card with portrait issued by the specialized agency for State
management of airports, and can do their duty only within the stipulated area.
In a special case when they find it necessary to do their duty outside the
stipulated area, they must obtain the consent of the Director of the airport
administration.
Article 12.-
1. The border gate police office
shall supervise the transit passengers on international flights that are
allowed to stay back on board, or in a reserved area at the terminal, or in
transit hotels. Those transit passengers who wish to pass the border gate must
go through the procedure of temporary entry and re-exit, and the same procedure
of customs control as that of other passengers on entry and exit.
2. The transit commodities,
luggage, post and postal packages must be left on board or can be unloaded from
the plane if it is so allowed by the Director of the airport administration,
and must be subject to the supervision of the border gate customs office till
their departure from Vietnam.
Article 13.-
1. The control and supervision
by the agencies exercising the function of State management over the activities
of a foreign airliner, its crew and personnel must be exercised by professional
measures as provided for by law.
2. In a special case when the
airport authority, police and customs, the cultural products control office,
the quarantine control office, and the animal and plant epidemic control office
want to directly check inside a foreign airliner parking in an international
civil airport or airfield, they must get the consent of the captain of the
airliner. If they fail to get such consent, they must report it to the Director
of the Department of Civil Aviation of Vietnam for decision.
Article 14.-
The Department of Civil Aviation of Vietnam shall reach agreement with the
agencies concerned on the departure and arrival procedure for passengers,
luggage, commodities, post and postal packages at civil airports and airfields
in order to give convenience and fast service to passengers and to ensure that
the supervision and control of the specialized State management agencies
conform to Vietnam�s laws, to the international Treaties which Vietnam has
signed or acceded to, and to international practice.
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Article 16.-
The Director of the Department of Civil Aviation of Vietnam shall have to
direct, organize the coordination of activities in, and check the
implementation of this Regulation.