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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
27/2011/ND-CP
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Hanoi,
April 09, 2011
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DECREE
ON
SUPPLYING, DEVELOPMENT, HANDLING, USAGE OF PASSENGERS INFORMATION BEFORE
ENTERING INTO THE BORDER GATE OF VIETNAM BY AIR TRAFFIC
THE GOVERMENT
Pursuant to the December 25,
2001 Law on the Organization of Government;
At the proposal of Minister of Public Security, Minister of Transport and Minister
of Finance,
DECREES:
Chapter 1.
GENERAL PROVISIONS
Article 1.
Subjects and scope of application
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In case the
international agreements that Socialist Republic of Vietnam is a party or
acceded to otherwise provide for, such international agreements shall apply.
2. This Decree
does not apply for the foreign special flights transporting passengers
who come to visit and work at Vietnam according to the invitation of the Party
and State; Vietnam special flights; foreign or Vietnam flights which
take responsibility for escorting, advance surveying for such above mentioned
special flights; special-utility, military flights of Arm
Force, of Public Security, of Vietnam Customs, flights used for public affair
purposes of the Socialist Republic of Vietnam and flights for rescue.
Article 2.
Interpretation of terms
In this Decree,
the terms below are construed as follows:
1. Advance
Information of Passenger (abbreviated as API/Advance Passenger Information)
means information on flights, passengers and cabin crew which are provided by
the airlines or private flight operators under the form of computer data
(hereinafter collectively called as API data) for the Vietnam competent
agencies before landing at an international airport of Vietnam.
2. API data
includes:
a) Data on the
flight: Air traffic routes, flight figure, name of the airline, border gate,
number of passengers, cabin crew, and time of entry and exist.
b) Data on
passengers and cabin crew: full name, sex, date of birth, nationality, type and
amount of documents in valid for entry and exist, isuing place and value of
such documents.
3. API Handling
is the matter that competent agencies, organizations examine, cross-check data
on flight, data on passengers and cabin crew with data or alert information
relating to aviation security, political security, social order and safety,
prevent smuggle and trade fraud.
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Article 3.
Principles of development, handlind, usage of API information, data
The development,
handling, usage of API information, data according to provisions of this Decree
must comply with the following principles:
1. Only using
API information, data for purpose of serving state’s management task on
aviation safety and security; political security, social order and safety,
prevent smuggle and trade fraud.
2. Ensuring
keeping in secret for business figure of the airlines or private flight
operators and for personal details of passengers and cabin crew; do not affect
the above mentioned airlines’ business and private flight operators.
3. Do not
transfer API information, data to other agencies, and organizations except the
cases of having consent of the airlines and private flight operators who
produced information.
Chapter 2.
RESPONSIBILITY, TIME-LIMIT
OF API DATA SUPPY
Article 4.
Registration of transmission network and API data supplying
1. The airlines
or private flight operators as provided in clause 1 of this Decree are
responsible for registering transmission network in order to supply API data to
competent agencies of Vietnam as provided in clause 2 of this Article.
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3. Where there
is any objective reasons or technical break-down so that information, API data
can not be supplied within the time-limit as provided in clause 1 Article 5 of
this Decree, the airlines or private flight operators must inform promptly to
the Airport Authority of international airport of Vietnam for these agencies to
notify to Office of public security and Customs Branch of international
airport border gate.
Article 5.
Time-linit and regime of API data supplying
1. API data must
be supplied to competent agencies of Vietnam by the airlines or private flight
operators right the time of conducting procedures for passengers and cabin crew
boarding to fly to an international airport of Vietnam.
2. API data
which is supplied to the Airport Authority of international aerial port of
Vietnam according to regime of 24/7 information.
Chapter 3.
POWERS, RESPONSIBILITY AND
COORDINATION RELATION BETWEEN AGENCIES DEVELOPING, HANDLING, USING API DATA,
INFORMATION
Article 6.
Agencies that are permitted for development, handle, usage of API information,
data
Vietnam agencies
that are permitted for development, handling, usage of API information, data,
include:
1. The Ministry
of Transport:
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b) Airport
Authority of international aerial port.
2. The Ministry
of Public Security:
a) Immigration
management Department.
b) The Offices
of public security at international border gate.
3. The Ministry
of Finance:
a) Management
Supervision Department; Anti-smuggling Investigation Department of
General Customs Department.
b) Customs
Branches of international airport.
Article 7.
Notification on API supplying
The Ministry of
Transport guides Vietnam Aviation Administration to notify for the airlines or
private flight operators of the implementation of API data supplying according
to provisions of this Decree.
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1. The Vietnam
Aviation Administration is responsible for guiding Airport Authority of
international aerial port to receive and transmit API data to the competent
agencies as provided in clause 2, 3 Article 6 of this Decree.
2. Airport
Authority of international aerial port implement receiving registration
of API data communication network of the airlines or private flight operators
according to the technical plan stated in Article 11 of this Decree.
3. In case data,
information system through computer network is broken-down, Airport Authority
of international aerial port presides over, coordinates with relative
organizations, agencies promptly repair in order to ensure API data,
information to be supplied and handled before the flights are landed at an
international airport of Vietnam.
Article 9.
Development, handling, usage of API data, information
1. The agencies
provided in Article 6 of this Decree are responsible for receiving and
operating API data, information under regulations of law; to make sure
API information, data to be handled before the flights are landed at an
international airport of Vietnam.
2. The Vietnam
Aviation Administration presides over, coordinates with relative agencies as
provided in clause 2, 3 Article 6 of this Decree to organize meeting
periodically once every 06 months for:
a) Evaluating
the implementation of API information, data supplying of airlines or private
flight operators.
b) Evaluating on
information’s quality developed, used in order to inform to the airlines or
private flight operators for having suitable modifying solutions.
Article 10.
Responsibility for supervising, urging API data, information supplying
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Chapter 4.
IMPLEMENTATION ORGANIZATION
Article 11.
Ensuring conditions for implementation of supplying, development, handling,
usage of API data, information
The Ministry of
Public Security presides over, coordinates with the Ministry of Transport and
the Ministry of Finance have responsibilities of setting up technical plan connecting
with computer network of competent agencies as provided in Article 6 of this
Decree in order to implement the receipt, development, handling, usage of API
data, information according to provisions.
Article 12.
Ensuring expenditure for development, handling, usage of API data, information
The Ministry of
Finance supply expenditure for the relative Ministries, Branches to deploy and
operate system of API data, information under regulations of this Decree.
Article 13.
Settlement of legal violation when implement supplying, development, handling,
usage of API data, information
1. Any violation
of supplying, development, handling, usage of API data, information depending
on their nature and violation level shall be administrative handled or examined
for penal liability; if causing damage, they must compensate thereof according
to law provisions.
2. The Ministry
of Transport presides over, coordinates with the relative Ministries, Branches
to review, supplement violations in this Decree for documents on sanctions
against administrative violation in the field of civil aviation which are
foundation of hadling foreign or Vietnam agencies, organizations, individuals
violated.
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This Decree
takes effect on June 01, 2011.
Article 15.
Responsibility for implementation
Ministers, Heads
of Ministerial-level agencies, Heads of governmental agencies, chairmen of the
People’s Committees of centrally-affiliated cities and provinces are
responsible for guiding specifically and the implementation of this Decree.
FOR
THE GOVERMENT
PRIME MINISTER
Nguyen Tan Dung