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MINISTRY OF TRANSPORT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 21/VBHN-BGTVT
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Hanoi, December 29, 2020
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CIRCULAR
ELABORATION OF VIETNAM’S AVIATION SECURITY PROGRAM AND AVIATION
SECURITY QUALITY CONTROL
The Circular No.
13/2019/TT-BGTVT dated March 29, 2019 of the Minister of Transport on
elaboration of Vietnam’s aviation security program and aviation security
quality control, which has been effective since June 01, 2019, is amended by:
The Circular No.
28/2020/TT-BGTVT dated November 02, 2020 of the Minister of Transport on
amendments to the Circular on periodic sector reporting regulations in the
field of aviation, which has been effective since December 15, 2020.
Pursuant to the Law on
Vietnam Civil Aviation No. 66/2006/QH11 dated June 29, 2006; Law No.
61/2014/QH13 dated November 21, 2014 on amendments to some Articles of the Law
on Vietnam Civil Aviation;
Pursuant
to the Law on Management and Use of Weapons, Explosives and Combat Gears No.
14/2017/QH14 dated June 20, 2017;
Pursuant
to the Ordinance on Protection of important works serving national security No.
32/2007/PL-UBTVQH11 dated April 20, 2007;
Pursuant
to the Government’s Decree No. 03/2009/ND-CP dated January 09, 2009
on assurance of VVIP flights;
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Pursuant
to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining
functions, tasks, entitlements and organizational structure of the Ministry of
Transport;
Pursuant
to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 on
aviation authorities;
Pursuant
to the Prime Minister’s Decision No. 16/2017/QD-TTg dated May 16, 2017 on general
contingency plan against acts of unlawful interference with civil aviation;
At
the request of the Director General of Department of Transport and the Director
of Civil Aviation Authority of Vietnam;
The
Minister of Transport hereby promulgates a Circular to elaborate Vietnam’s
aviation security program and aviation security quality control1.
This Circular provides for civil aviation security. To be
specific:
1. Preventive security control measures, handling of
actions against aviation security violations and response to acts of unlawful
interference.
2. System of civil aviation security service providers.
3. Facilities, equipment, vehicles, weapons and combat
gears serving aviation security assurance.
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5. Responsibilities of organizations and individuals for
aviation security assurance.
This Circular applies to:
1. Vietnamese and foreign organizations and individuals
involved in civil aviation in Vietnam or civil aviation within flight
information regions under the management of Vietnam.
2. Vietnamese organizations and individuals involved in
civil aviation in foreign countries unless otherwise provided by the laws of
foreign countries.
3. Vietnamese and foreign organizations and individuals
using official-duty aircrafts for civil purpose.
For the purposes of this Circular, the terms below shall be
construed as follows:
1. “mail” means correspondence, package or cargo that is
accepted, transported and delivered legally via the postal network.
2. “aviation security checkpoint” means a workplace of
aviation security control staff which is set up at gates, doors and paths
between public areas and restricted areas or between restricted areas in order
to check people, vehicles and items, and maintain security and order at the
checkpoint area.
3. “aviation security inspection point” means a
workplace of aviation security control staff which is set up in public or
restricted areas in order to inspect activities of people and vehicles, and
maintain security and order around the inspection point.
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5. “unclaimed item and baggage” mean item and baggage
abandoned at an airport or aerodrome without any identification of its owner.
6. “aviation security inspection” means the use of
people, animals and technical equipment, solely or in combination, to manage
and monitor with a view to detecting and preventing violations or suspected
violations of aviation security.
7. “aviation security control staff permit” means
official confirmation granted by the Civil Aviation Authority of Vietnam
(hereinafter referred to as “CAAV”) to a qualified individual as prescribed by
law so that he/she can practice aviation security control.
8.
“cargo” means any property carried on board an aircraft other than mail,
baggage, aircraft stores and supplies and meals.
9.
“interline cargo” means cargo taking part directly in 02 or more different
flights in the course of journey or being transported by 02 or more categories
of transportation, including air transport.
10. “baggage” means personal property of passengers or
crewmembers carried on board an aircraft.
11. “carry-on baggage” means baggage that is carried on
board an aircraft by passengers or crewmembers and kept by themselves during a
flight.
12. “checked baggage” means baggage that is carried on
board an aircraft by passengers or crewmembers and themselves kept during a
flight.
13. “unclaimed baggage” means baggage that arrives at an
airport or aerodrome and is not picked up by a passenger or crewmembers.
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15. “transit passengers, baggage, cargo and mail” means
passengers, baggage, and cargo departing from an airport and on the same flight
as that on which the passengers, baggage and cargo arrived.
16. “transfer passengers/baggage” mean passengers/baggage
taking part directly in two or more different flights in their journey.
17. “aviation security quality control” includes the
quality inspection and check, and aviation survey, test, assessment and
investigation. To be specific:
a) Aviation security inspection means the inspection that is
carried out by a specialized agency in accordance with regulations of the law
on specialized inspection;
b) Aviation security quality inspection means the inspection
of compliance of airport and aerodrome operators, airlines and aviation service
providers with some or all of regulations specified in the aviation security
program and aviation security regulation which have been approved by the CAAV.
c) Aviation security test means a simulated interference with
civil aviation that is done secretly or publicly in order to test the
effectiveness of the aviation security assurance measures.
d) Aviation security survey means the collection of
information and data to quantify security demands and identify the key focus
for protection;
dd) Aviation security investigation means the clarification
of acts of unlawful interference, violations or suspected violations of
aviation security;
e) Aviation security assessment means the evaluation of
compliance with some or all of standards and regulations on aviation security,
which is carried out by the International Civil Aviation Organization, aviation
authorities and airlines.
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19. “sterile area” means part of a restricted area from
the passenger and carry-on luggage security checkpoint of the terminal to the
boarding gate.
20. “exclusive use restricted area” means a restricted
area with one of the following characteristics:
a)
Restricted area outside a terminal or aerodrome;
b)
Restricted area within a terminal or aerodrome, where survey, construction,
repair and maintenance are carried out and no aviation service is provided
during the survey, construction, repair and maintenance and fences or
architectures are available within the boundary of the survey, construction,
repair and maintenance area to ensure that the area is separated from other
restricted areas, and to prevent people and vehicles within the construction
area from entering other restricted areas without permission;
c)
Restricted area within a terminal or aerodrome, which is managed and operated
by an unit only and does not directly serve passengers, baggage, cargo and
mails. Fences or architectures are available to ensure the area is separated
from other restricted areas.
21. “baggage storage area” means space in which checked
baggage is stored pending transport to aircraft or in which lost or unclaimed
baggage is hold.
22. “internal security control” means a preventive
security measure aimed at eliminating the causes and conditions that terrorists
and criminals can take advantage of, coordinate and persuade aviation staff to
support or directly perform acts of terrorism, crime and other violations.
23. “aircraft aviation security check” means the check of
the interior and exterior of an aircraft according to a list for the purpose of
discovering suspicious items and dangerous articles.
24. “manual check” means the aviation security control
staff using his/her hands, eyes and other senses to check people, vehicles and
articles for the purpose of discovering suspicious items and dangerous
articles.
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26. “in-flight security staff” means a person that is
authorized by the Government of the country of the aircraft operator and
Government of the country where the aircraft is registered to perform his/her
duties for the purpose of protecting the aircraft and passengers from acts of
unlawful interference.
27. “security seal” means a confirmation that cargo, items
and vehicles have undergone security check or a confirmation that cargo, items
and vehicles remain intact or a confirmation that cargo, items and vehicles
have undergone security check, and cargo, items and vehicles to be sealed
remain intact. Security stamps or wire
seals shall be used.
28. “apron” means a defined area, within an air operations
area, intended to accommodate aircrafts for the purpose of loading or unloading
passengers, baggage, mail and cargo, refueling or maintenance.
29. “catering supplies” mean food, beverages and tools
used for meals on board an aircraft.
30. “aircraft in flight” means an aircraft regulated in
Clause 2 Article 74 of the Law on Vietnam Civil Aviation.
31. “aircraft in operation” means a Vietnamese or
foreign aircraft which is parked on an apron for flight operation and subject
to continuous aviation security inspection by suitable means in order to
discover illegal approach or intrusion.
32. “non-operational aircraft” means a Vietnamese or
foreign aircraft parked on an apron for more than 12 hours or not undergoing
continuous aviation security inspection.
33. “X-ray” means an electromagnetic wave having
wavelengths in the range of 0.01 to 10 nm, corresponding to frequencies in the
range of 30 pHz to 30 eHz and energies in the range of 120 eV to 120 keV.
34. “security tamper-evident bag” means a specialized and
transparent plastic bag in which the bill can be easily seen and read without
opening the bag and which is used for containing liquid or thick substance or
spraying solution purchased in duty-free shops in international sterile areas
or on international flights, and has specifications provided in the Appendix
XXV hereof.
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36. “guard booth” means an architecture that serves
aviation security inspection at aviation security checkpoints and aviation
security inspection points.
37. “violation of aviation security” means an act of
aviation security violation but is not regarded as an act of unlawful
interference.
38. “ICAO” stands for International Civil Aviation
Organization.
1. Airport/aerodrome operators shall preside over and
cooperate with airports authorities and relevant authorities and units at the
airport/aerodrome in designing an aviation security program (hereinafter
referred to as “ASP”) and submit it to the CAAV for approval; provide the
conformity part of the ASP according to the list provided in the approved ASP.
2. Specialized aerodrome operators shall design an
ASP and submit it to the CAAV for approval; provide the conformity part of the
ASP according to the list provided in the approved ASP.
3. Vietnamese airlines shall design an ASP; aviation
security assurance service providers, ATS providers; aircraft and aircraft
equipment maintenance, repair and manufacturing enterprises; aviation service
providers at airports/aerodromes; and cargo and mail handling facilities shall
make aviation security regulation (hereinafter referred to as “ASR”) and submit
it to the CAAV for approval; provide the conformity part of the ASP and ASR
according to the list provided in the approved ASP and ASR.
4. Foreign airlines engaged in scheduled airlines that
operate inbound and outbound flights shall submit a civil aviation security
program for their operation in Vietnam to the CAAV for approval; provide the
conformity part of the ASP to airports authorities, airport/aerodrome operators
and aviation security inspection department at airports/aerodromes at which the
schedule airlines operate.
5. ASPs and ASRs of units and enterprises specified in
Clauses 1, 2, 3 and 4 of this Article shall define responsibilities of relevant
collective and individuals for aviation security assurance, aviation security
assurance procedures and measures specified in this Circular. Contents of ASPs and ASRs of Vietnamese airlines,
Vietnamese aircraft operators, ATS providers, aviation security assurance
service providers and aviation service providers pertaining to operations at
airports shall comply with regulations of law and conform to the ASP and
contingency plans of airport/aerodrome operators.
6. Contents of ASPs and ASRs of units and enterprises
specified in Clauses 1, 2, 3 and 4 of this Article shall be developed according
to the outline specified in the Appendices I, II, III, IV and V hereof.
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a) An application form, which is made using the form in the
Appendix VI hereof;
b) ASP/ASR;
c) An assessment of differences of the airline’s ASP from
regulations of Vietnamese law and measures for remedying differences (if the
application for approval for ASP is submitted by the foreign airline).
2. If the application is not completed as prescribed in
Clause 1 of this Article, within 03 working days, the CAAV shall request the
applicant in writing to complete it.
3. If the application is completed as prescribed in
Clause 1 of this Article, within 10 working days from the receipt of the
application, the CAAV shall appraise it and carry out a site inspection.
a) If
the ASP or ASR complies with all regulations of this Circular, issue an
approval decision (in the case of the foreign airline's ASP);
b) If the ASP or ASR fails to comply with all regulations of
this Circular, request the applicant in writing to make amendments to the
ASP/ASR.
1.
Units and enterprises having ASPs/ASRs shall regularly review and assess
ASPs/ASRs to make necessary amendments.
2. ASPs and ASRs shall be promptly amended when they are
no longer conformable with applicable regulations or fail to satisfy
requirements when applied.
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1. Confidentiality of aviation security documents shall
be classified as prescribed by the law on protection of state’s secrets.
2. List of restricted aviation security documents
includes:
a) ASPs and ASRs approved by the CAAV;
b) Recommendations, notifications, inspections, tests,
surveys, investigations, assessments of aviation security risks and files on
violations of aviation security that have not yet been made publicly available;
c) Regulations on cooperation, documents on coordination in
aviation security between authorities and units in aviation sector and relevant
authorities and units;
d) Aviation security documents of ICAO or provided by foreign
countries and classified as restricted documents by ICAO and such foreign
countries;
dd) Other aviation security documents classified by the
Director General of the CAAV as restricted documents.
3. Authorities and units shall manage and use restricted
aviation security documents for their intended purposes.
4. Restricted aviation security documents shall be only
provided to the recipients specified in such documents. When providing restricted aviation security documents
to the recipients other than those specified in such documents, it is required
to obtain written consent of the head of the unit promulgating documents and
signatures are required upon receipt. Containers
of restricted aviation security documents shall be marked with “restricted
documents” at a recognizable position. The
drafting, issuance, management, use and destruction of restricted aviation
security documents shall be elaborated in ASPs and ASRs of authorities and
units having ASPs and ASRs.
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2. Cooperate with relevant parties in ensuring airport
and aerodrome aviation security; exchange information about aviation security
issues.
3. Participate in making comments when designing aviation
security assurance programs, plans and measures.
4. Consider results of internal quality control and
quality control by competent authorities at airports and aerodromes or
assessment by international airlines and organizations.
5. Assess the continuity and effectiveness of ASPs.
1. Aviation security control badges and permits
include:
a) Airport/aerodrome security control badges/permits with
long-term and short-term use issued to people and vehicles allowed to enter and
operate within airport/aerodrome restricted areas;
b) Internal security control badges/permits with long-term
and short-term use, which allow entry into and operation within exclusive
restricted areas of enterprises;
c) Crew identification badges, which allow entry into and
operation within restricted areas pertaining to tasks of the crew.
2. Aviation security control badges and permits
shall be kept confidential and counterfeiting shall be prevented. The CAAV shall unify methods and measures for
maintaining confidentiality of each type of aviation security control badge and
permit.
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2. Airports authorities shall issue airport/aerodrome
security control badges and permits to eligible applicants as follows:
a) Issue
airport/aerodrome security control badges and permits with long-term use at one
or multiple airports/aerodromes under their management to the applicants
specified in Clauses 1 and 7 Article 14 of this Circular, except for the case
specified in Clause 3 of this Article.
b) Issue
airport/aerodrome security control badges and permits with short-term use at 01
airport/aerodrome under their management to the applicants specified in Clauses
5 and 8 Article 14 of this Circular, except for the case specified in Clause 3
of this Article.
3. Airport/aerodrome enterprises shall issue
airport/aerodrome security control badges and permits with long-term and
short-term use at airports/aerodromes under their management to eligible
applicants as follows:
a) Officials, staff and vehicles of the airport/aerodrome
enterprises, airport/aerodrome operators, aviation security service providers;
b) People and vehicles hired by the airport/aerodrome
enterprises, airport/aerodrome operators or aviation security service providers
to carry out survey and construction, repair and maintenance of their equipment
and facilities.
4. Vietnamese and foreign airlines shall issue crew
identification badges to crews for their performance of tasks during flights.
5. Enterprises in charge of exclusive use restricted
areas shall issue internal security control badges and permits accepted within
their exclusive restricted areas.
1. An aviation security control badge/permit with
long-term use shall be valid for up to 02 years from the effective date of the
badge.
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3. The effective period of an aviation security control
permit with short-term use shall be based on the request of the applicant and
result of application appraisal, including the permit used once within 01 day
(24 hours) from the effective date of the permit and the permit used multiple
times for a period not exceeding 30 days from the effective date of the permit.
4. A crew identification badge of the Vietnamese airline,
and internal security control badge/permit with long-term use shall be valid
for up to 02 years from the issuance date; the effective period of an internal
security control badge/permit with short-term use is the same as that of the
airport/aerodrome security control badge/permit with short-term use specified
in Clauses 2 and 3 of this Article.
5. Designs of airport/aerodrome security control badges
and permits are provided in the Appendix XXVII hereof.
6. Vietnamese airlines shall issue designs of crew
identification badges; enterprises in charge of exclusive use restricted areas
shall issue designs of internal security control badges and permits. These designs must not be identical with those of
airport/aerodrome security control badges and permits and must be notified to
the airports authorities and aviation security control forces in areas where
the airlines and enterprises are operating.
7. Foreign airlines must notify the design of the crew
identification badge to the airports authorities and aviation security control
forces in areas where the airlines are operating.
8. Applicants eligible to be issued with
airport/aerodrome security control badges and permits shall bear the costs of
issuing badges and permits as prescribed by law.
1. An airport/aerodrome security control badge with
long-term use shall contain at least:
a) Badge number; code of the airport/aerodrome permitted for
entry and operation;
b) Effective period;
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d) Title of the badge holder;
dd) Name of workplace of the badge holder;
e) Photo of the badge holder;
g) Restricted areas permitted for entry and operation;
h) Regulations on use of the badge.
2. An internal security control badge with
long-term use shall contain at least:
a)
Badge number; code of the enterprise;
b) Information mentioned in Points b, c, d, dd, e, g and h
Clause 1 of this Article.
3. An airport/aerodrome security control badge with
short-term use shall contain the information specified in Points a, b, c, dd, g
and h Clause 1 of this Article and ID Card/Citizen ID Card number or passport
number or number of the airport/aerodrome security control badge with long-term
use or number of the badge holder’s internal security control badge with
long-term use.
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4.
Each restricted area specified in the
airport/aerodrome security control badge and internal security control badge
shall be respectively determined with letters, numbers or colors or encoded.
5.
A crew identification badge shall contain
at least:
a) Badge number;
b)
Effective period;
c)
Full name of the badge holder;
d)
Title of the badge holder;
dd) Name and symbol of the airline;
e)
Photo of the badge holder.
1. An airport/aerodrome security control permit with
long-term/short-term use, and internal security control permit with long-term
use shall contain at least:
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b) Effective period;
c) Type of vehicle;
d) Vehicle license plate;
dd) Restricted areas permitted for entry and operation;
e)
Exit gates, entrance gates;
g) Name of the authority or unit in charge of the vehicle.
2. An internal security control permit with short-term
use shall contain the information specified in Points a, b and dd Clause 1 of
this Article.
3. Each restricted area specified in the
airport/aerodrome security control permit and internal security control permit
shall be respectively determined with letters, numbers or colors.
1. The following persons may obtain an airport/aerodrome
security control badge with long-term use:
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b) Staff of enterprises delivering cargo and mail by air;
c) Staff of enterprises carrying out survey, construction,
repair and maintenance of facilities and equipment at the airport/aerodrome;
d) Officials and staff of regulatory authorities, political
organizations and socio-political organizations;
dd) Staff of foreign diplomatic missions, foreign consular
missions and representative bodies of international organizations in Vietnam.
2. The persons specified in Point a Clause 1 of this
Article shall be issued with a badge with long-term use if they:
a) do not have criminal records in accordance with
regulations of law; and
b) are assigned by the supervisory organization to work
shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome
restricted areas within at least 03 consecutive months or carry out aviation
inspection within restricted areas.
3. The persons specified in Points b and c Clause 1 of
this Article shall be issued with a badge with long-term use if they:
a) do
not have criminal records in accordance with regulations of law; and
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4. he persons specified in Point d Clause 1 of this
Article shall be issued with a badge with long-term use if they do not have
criminal records in accordance with regulations of law and satisfy one of the
following conditions:
a) They perform security and national defense tasks related
to civil aviation;
b) They serve VVIP flights in accordance with regulations of
the law on VVIP flights;
c) They perform the task of welcoming and seeing off
international guests of central political organizations and socio-political
organizations; central or provincial regulatory authorities;
d) They are regularly in charge of seeing off and welcoming
the members of the Politburo, Secretary of the Party Central Committee, members
of the Party Central Committee, alternate members of the Party Central
Committee, Ministers and the equivalent or higher positions, Secretaries and
Deputy Secretaries of Party Committees of provinces and central-affiliated
cities; Presidents of People’s Councils, Presidents of People’s Committees of
provinces and central-affiliated cities; Deputy Minister of Transport; Deputy
Minister of Public Security; Deputy Minister of National Defense; Deputy Chief
of the General Staff, Director of Operations of General Staff, Chief and Deputy
Chief of General Political Department of Vietnam People's Army; vehicle
operators specified in Points b and c Clause 7 of this Article.
dd) They are assigned by the supervisory organization to work
shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome
restricted areas within at least 03 consecutive months or carry out aviation
inspection within restricted areas;
e) The head of the issuing authority shall consider, decide
and take responsibility for special cases.
5. The persons specified in Point dd Clause 1 of this
Article shall be issued with a badge with long-term use if they regularly
perform tasks in diplomatic and consular matters within airport/aerodrome
restricted areas.
6. Eligible applicants and conditions for issuance of the
airport/aerodrome security control badge with short-term use:
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b) The applicant for the airport/aerodrome security control
badge with short-term use shall write a commitment in the badge delivery
logbook at the place of issue as follows: “Commitment made by the applicant:
the badge holder will make contact himself/herself so that he/she is escorted
to the restricted area as prescribed in Clause 4 Article 32 of the Circular on
elaboration of Vietnam’s ASP and aviation security quality control”;
c) The head of the issuing authority shall consider, decide
and take responsibility for special cases.
7. Vehicles issued with a permit with long-term use
include:
a) Vehicles that regularly operate within airport restricted
areas;
b) Vehicles that are under the management of the Communist
Party and regulatory authorities and are used to serve VVIP flights;
c) Vehicles that are under the management of the Communist
Party and regulatory authorities and specially used to serve members of the
Politburo, Secretary of the Party Central Committee, members of the Party
Central Committee, alternate members of the Party Central Committee, Ministers
and the equivalent or higher positions, Secretaries and Deputy Secretaries of
Party Committees of provinces and central-affiliated cities; Presidents of
People’s Councils, Presidents of People’s Committees of provinces and
central-affiliated cities; Deputy Minister of Transport; Deputy Minister of
Public Security; Deputy Minister of National Defense; Deputy Chief of the
General Staff, Director of Operations of General Staff, Chief and Deputy Chief
of General Political Department of Vietnam People's Army.
8. Vehicles issued with a permit with short-term use
include:
a) Vehicles that are used to transport international guests
from the ministerial rank or higher;
b)
Vehicles that perform unexpected tasks to perform national defense and security
tasks and serve activities of the airport/aerodrome within the restricted
areas;
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d) The
head of the issuing authority shall consider, decide and take responsibility
for special cases.
9. The vehicles specified in Clause 8 of this Article
shall be only issued with the airport/aerodrome security control permit with
short-term use if the applicant writes a commitment in the permit delivery
logbook at the place of issue as follows: “Commitment made by the applicant:
the permit holder will make contact himself/herself so that he/she is escorted
by a person or vehicle to the restricted area as prescribed in Clause 6 Article
32 of the Circular on elaboration of Vietnam’s ASP and aviation security
quality control”.
10. Scope of issuance of the badge/permit:
a) The
person who works at each airport/aerodrome shall only be issued with an
airport/aerodrome security control badge with long-term use that is only
accepted at the airport/aerodrome where he/she is working;
b) The
person who works at multiple airports shall be issued with an airport/aerodrome
security control badge with long-term use that is only accepted at the
airport/aerodrome where he/she is working; the person or vehicle that works or
operates in a restricted area shall be only issued with a badge or permit that
is only accepted in such restricted area; the person or vehicle that works or
operates in a restricted area shall be only issued with a badge or permit that
is only accepted at such restricted area for the working/operating period;
c) The
persons specified in Points dd Clause 1 of this Article shall be issued with a
badge with long-term use that is accepted at the international airport;
d) The
badge with short-term use and permit with long-term/short-term use shall be
only accepted at one airport/aerodrome.
11. In case the strengthened security measure or airport
contingency plan is applied or for security reasons, the airport/aerodrome
operator shall decide to limit the number of people and vehicles that have been
issued with the security badge or permit that is accepted at the restricted
area and immediately inform the CAAV and relevant airports authority.
Heads of
the applicants’ authorities/units shall:
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2. ensure the accuracy of applications for badges and
permits.
1. An invalid aviation security control badge/permit
shall be invalid in the following cases:
a) The badge or permit is damaged or blurred or no longer
bears the security symbol;
b) The badge or permit is erased or corrected;
c) The badge or permit is lost;
d) The badge holder no longer satisfies conditions applied to
eligible applicants and conditions for issuance of badges;
dd) Vehicles issued with the permit no longer satisfies
conditions applied to eligible applicants and conditions for issuance of
permits;
e) Cases in which the badge or permit has to be revoked but
the holder fails to return the badge or permit to the issuing authority.
2. The aviation security control badge/permit may be
re-issued in the following cases:
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b) The badge or permit is still effective but is blurred,
damaged or no longer bears the security symbol;
c) The badge or permit is expired or lost or the badge/permit
holder is reassigned to another authority.
1. The applicant shall submit an application to the
issuing authority, whether directly or by post or another appropriate manner.
The application includes:
a) An application form, which is made using the form in the
Appendix VI hereof;
b) Certified true copies or copies presented together with
their originals for verification purpose of the document proving legal status,
functions and tasks of the applicant unless the applicant is an aviation
service provider or non-aviation service provider at the airport/aerodrome;
c) A brief list provided in Appendix VII hereof;
d) An application form for airport/aerodrome security control
badge with long-term use, which is made using the form in the Appendix VIII
hereof (except in the case where the police and customs authorities directly
work at the airport, the declaration is not required) and includes a 04x06 cm
color photo bearing a joint page seal (the photo shall be taken on a white
background within the last 06 months);
dd) 01 color photo specified in Point d Clause 1 of this Article.
2. The issuing authority shall appraise the application
and consider whether to issue the badge. To be specific:
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b) Within 03 working days from the receipt of the
satisfactory application, if the applicant is ineligible, the issuing authority
shall respond and provide explanation in writing;
c) Within 03 working days from the receipt of the application,
if the application is unsatisfactory or contains unclear issues, the issuing
authority shall request the applicant in writing to provide additional
information and documents or request a meeting in person about unclear issues.
1. The applicant shall submit an application to the
issuing authority, whether directly or by post or another appropriate manner.
The application includes:
a) In case of reissuance due to change of design or badge
expiration, the application shall include the documents prescribed in Points a,
c, d and dd Clause 1 Article 17 of this Circular;
b) In case of reissuance to replace an unexpired badge that
is blurred, torn, damaged or no longer bears the security symbol, the
application shall include the documents prescribed in Points a, c and dd Clause
1 Article 17 of this Circular and such badge must be returned;
c) In case of reissuance due to loss, the application shall
include the documents prescribed in Points a and d Clause 1 Article 17 of this
Circular and an applicant‘s written representation of the date, place and cause
of loss, which must be certified by the head of the applicant’s authority/unit;
d) In case of reissuance due to reassignment to another
authority or unit, the application is prescribed in Clause 1 Article 17 of this
Circular; in case of reassignment within the same authority or unit, the application
shall include the documents prescribed in Points a and c Clause 1 Article 17 of
this Circular.
2.
The issuing authority shall appraise the application and consider whether to
issue the badge. To be specific:
a)
Within 05 working days from the receipt of the satisfactory application, if the
applicant is eligible, the issuing authority shall issue the badge;
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c) Within 03 working days from the receipt of the
application, if the application is unsatisfactory or contains unclear issues,
the issuing authority shall request the applicant in writing to provide
additional information and documents or request a meeting in person about
unclear issues.
1. The authority applying for the badge shall submit an
application directly to the airports authority. The application
includes:
a) A copy presented together with its original or certified
true copy of one of the following effective documents: ID card, Citizen ID card;
diplomatic ID card, consular ID card, official ID card, ordinary ID card;
passport; aviation security control badge with long-term use;
b) An
application form, which contains information about full name, telephone and
email of the representative of the applicant;
c) A list, which is compiled using the form in Appendix X
hereof.
2. Within 60 minutes from the receipt of the
satisfactory application, the airports authority shall appraise it and issue
the badge. In case of rejection of the application, explanation shall be
provided to the applicant.
1. The applicant shall submit an application to the
issuing authority, whether directly or by post or another appropriate manner.
The application includes:
a) A list of officials and staff applying for the permit,
which is compiled using the form in Appendix VII hereof;
b) An application form for airport/aerodrome security control
badge with long-term use, which is made using the form in the Appendix VIII
hereof and includes a 04x06 cm color photo bearing a joint page seal (the photo
shall be taken on a white background within the last 06 months);
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2. Within 05 working days from the issuance date, the
airport/aerodrome enterprise shall compile a list of badge holders using the
form in the Appendix VII hereof and send it to the regional airports authority.
1.
The applicant shall submit an application to the issuing authority, whether
directly or by post or another appropriate manner. The application includes:
a) In case of reissuance due to badge expiration, the
application shall include the documents prescribed Clause 1 Article 20 of this
Circular;
b) In case of reissuance to replace an unexpired badge that
is blurred, torn, damaged or no longer bears the security symbol, the
application shall include the documents prescribed in Points a and c Clause 1
Article 20 of this Circular and such badge must be returned;
c) In case of reissuance due to loss, the application shall
include the documents prescribed in Points a and c Clause 1 Article 20 of this
Circular and a written confirmation of the date, place and cause of loss
provided by the head of the authority/unit applying for the badge;
d) In case of reissuance due to reassignment, the application
shall include the documents prescribed in Points a and b Clause 1 Article 20 of
this Circular.
2. Within 05 working days from the issuance date, the
airport/aerodrome enterprise shall compile a list of badge holders using the
form in the Appendix VII hereof and send it to the regional airports authority.
1. The applicant shall submit an application to the
issuing authority, whether directly or by post or another appropriate manner.
The application includes:
c) A
list, which is compiled using the form in Appendix X hereof;
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2. Within 60 minutes from the receipt of the satisfactory
application, the airport/aerodrome enterprise shall appraise it and issue the
badge. In case of rejection of the application, explanation shall be provided
to the applicant.
1. The applicant shall submit an application to the
issuing authority, whether directly or by post or another appropriate manner.
The application includes:
a) An application form, which is made using the form in the
Appendix VI hereof (except in the case where the applicant issues the permit to
its vehicle);
b) A list of vehicles to be issued with the airport/aerodrome
security control permit with long-term/short-term use, which is compiled using
the form in the Appendix IX hereof;
c) A copy of the valid certificate of inspection of technical
and environmental safety issued by a competent authority.
2. The issuing authority shall appraise the application
and consider whether to issue the permit. To be specific:
a) Within 07 working days from the receipt of the
satisfactory application, if the applicant is eligible, the issuing authority
shall issue the permit;
b) Within 03 working days from the receipt of the
satisfactory application, if the applicant is ineligible, the issuing authority
shall respond and provide explanation in writing;
c) Within 03 working days from the receipt of the
application, if the application is unsatisfactory or contains unclear issues,
the issuing authority shall request the applicant in writing to provide
additional information and documents or request a meeting in person about
unclear issues.
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1. The applicant shall submit an application to the
issuing authority, whether directly or by post or another appropriate manner.
The application includes:
a) In
case of reissuance due to permit expiration, the application shall include the
documents prescribed Clause 1 Article 23 of this Circular;
b) In
case of reissuance to replace an unexpired permit that is blurred, torn,
damaged or no longer bears the security symbol, the application shall include
the documents prescribed in Points a and b Clause 1 Article 23 of this Circular
and such permit must be returned;
c) In
case of reissuance due to loss, the application shall include the documents
prescribed in Points a and b Clause 1 Article 23 of this Circular and a written
confirmation of the date, place and cause of loss provided by the head of the
authority/unit applying for the permit.
2. The issuing authority
shall appraise the application and consider whether to issue the permit. To be
specific:
a) Within 05 working days
from the receipt of the satisfactory application, if the applicant is eligible,
the issuing authority shall issue the permit;
b) Within 03 working days
from the receipt of the satisfactory application, if the applicant is
ineligible, the issuing authority shall respond and provide explanation in
writing;
c) Within 03 working days
from the receipt of the application, if the application is unsatisfactory or
contains unclear issues, the issuing authority shall request the applicant in
writing to provide additional information and documents or request a meeting in
person about unclear issues.
3. Within 05 working days from the issuance date, the
airport/aerodrome enterprise shall send a list of vehicles to be issued with
the airport/aerodrome security control permit with long-term use using the form
in the Appendix IX hereof to the regional airports authority.
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a) An application form, which contains information about full
name, telephone and email of the representative of the applicant;
b) A list of vehicles to be issued with the airport/aerodrome
security control permit with short-term use, which is compiled using the form
in the Appendix IX hereof;
c) A copy
of the valid certificate of inspection of technical and environmental safety
issued by a competent authority.
2. Within 60 minutes from the receipt of the satisfactory
application, the issuing authority shall appraise it and issue the permit. In
case of rejection of the application, explanation shall be provided to the
applicant.
1. The police authority and customs authority at the
checkpoint at an international airport/aerodrome that take responsibility for
documents, résumé, identity and tasks of the persons to be issued with the
badge shall submit an application to the airports authority, whether directly
or by post or another appropriate manner. The application includes:
a) An application form, which is made using the form the Appendix
VI hereof;
b) A list of officials and staff regularly working at the
international airport/aerodrome, which contains information about their full
names and positions, and authorities and areas where they are working;
c) 02 04x06 cm color photos (the photos shall be taken with
uniform on a white background within the last 06 months) or photos taken by the
issuing authority.
2. Within 07 working days from the receipt of the
satisfactory application, the airports authority shall appraise it and issue the
badge. In case of rejection of the
application, explanation shall be provided in writing.
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2. At issuing authorities, regulations on applications
and procedures for issuance of aviation security control badges and permits
shall be posted and badge and permit delivery logbook shall be available. When
issuing airport/aerodrome aviation security control badges and permits with
short-term use, it is required to request applicants to write their commitment
as prescribed in Clauses 5 and 9 Article 14 of this Circular.
1. The issuing authority shall appraise applications and
the following contents to issue badges and permits:
a) Applicants;
b) Conditions for issuance of badges and permits;
c) Scope of issuance of badges and permits;
d) Time limit for issuance of badges and permits;
dd) Airports and restricted areas to be specified in badges
and permits.
2. Applicants for badges and permits shall produce representation
and provide documentary evidence to the issuing authority to clarify contents
specified in Clause 1 of this Article during the application appraisal.
3. The issuing authority is entitled to refuse to issue
badges and permits if the applicants refuse to produce representation and
provide documentary evidence or violate regulations on management and use of
badges and permits or it is found that information contained in applications
for badges and permits is untruthful.
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1. The badge holder and user of the vehicle issued with
the permit shall store their badge and permit and not allow another person to
use them in any shape or form. If the
badge/permit holder no longer performs tasks within restricted areas, the
badge/permit shall be returned to the authority applying for the badge/permit,
which will return it to the issuing authority. In case the badge/permit is lost, immediately inform the issuing
authority and supervisory authority.
2. The badge holder or user of the vehicle issued with
the permit shall have his/her badge/permit revoked (not applicable to cases in
which violations for which penalties have been imposed as prescribed in the
Decree on penalties for administrative violations against regulations on civil
aviation) if he/she:
a) violates regulations on aviation security and safety;
b) disturbs order at the airport/aerodrome;
c) violates regulations on use of badges and permits;
d) no longer satisfies conditions for issuance of badges and
permits.
3. The head of the authority/unit managing badge and
permit holders shall:
a) impose regulations on management and use of badges and
permits;
b) revoke and transfer the invalid badges and permits
prescribed in Clause 1 Article 16 of this Circular and badges and permits
revoked as prescribed in Clause 2 of this Article to the issuing authority. The cases of badge/permit
loss shall be immediately notified to the issuing authority in writing;
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4. Officials and staff of immigration authorities and
import and export authorities at the border checkpoints shall use their
aviation security control badge to enter and leave restricted areas and are not
required to wear the badge during work.
5. The issuing authority shall immediately send a list of
cases of loss of badge/permit it issued to the aviation security control force
and security force of the restricted area specified in the lost badge/permit
and the CAAV to promptly prevent the use of the lost badge/permit. Within 15
days from the receipt of the invalid badge/permit, the issuing authority shall
destroy it.
1.
According to current infrastructure and civil aviation activities, the
following restricted areas shall be established:
a)
Sterile area for passengers and their carry-on baggage that have undergone
screening for boarding purpose, area from the point where internal staff must
undergo security check before entering a restricted area to the terminal;
b) Aircraft parking area, runways, taxiways and other areas
within the aerodrome (aerodrome);
c) Baggage sorting and loading area;
d) Transit/transfer area;
dd) Cargo and mail sorting and loading area;
e) VVIP flight lounges;
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h) Aircraft maintenance, repair and installation area;
i) Catering area;
k) Fuel farm;
l) Airport Emergency Center; National Airport Emergency
Center;
m) Area Control Center, Approach Control Unit, Air Traffic
Flow Management Center;
n) Aerodrome Control Tower, air traffic control radar
station, flight monitoring and communication station;
o) Airport/aerodrome water and electricity supply area
(outside the airport/aerodrome restricted area);
p) Area from the baggage screening point to the terminal;
q) Area from the cargo and mail screening point to the
terminal/warehouse;
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2. When designing an ASP, the airport/aerodrome operator
shall, according to Clause 1 of this Article, preside over and cooperate with
the airports authority, airport security control department of the aviation
security assurance service provider and relevant authorities and units in
determining restricted areas and specific boundary of each restricted area of
the terminal/aerodrome and restricted area under the management of the
airport/aerodrome operator.
3. When making ASR, the aviation service provider at the
airport/aerodrome shall, according to Clause 1 of this Article, preside over
and cooperate with the airports authority and relevant authorities and units in
determining restricted areas and specific boundary of each restricted area
under its management with respect to the areas outside the terminal/airport;
when making ASR, the air traffic service provider and cargo and mail handling
facility shall determine and establish restricted areas and specific boundary
of each restricted area with respect to the areas of the airport/aerodrome.
4. In the cases where it is required to take strengthened
airport/aerodrome security assurance measures or to protect the scene or to
serve civil aviation activities and it is considered that it is necessary to
temporarily establish a new restricted area, the airport/aerodrome security
control department shall recommend the airport/aerodrome operator to establish
it and immediately notify the airports authority, authorities and units
regularly working within such area. The
establishment of a temporary restricted area shall satisfy the following
requirements:
a) The restriction only lasts for a limited period of time;
b) Hard or soft fences are built to form the boundary;
appropriate warning signs and signals are available;
c) Aviation security checkpoints and aviation security
control staff are available to carry out inspection during the establishment;
d) Appropriate aviation security assurance measures are in place;
dd) If the restriction lasts for more than 24 hours, it is
required to obtain written consent of the CAAV.
5. The establishment of restricted areas and
application of aviation security inspection measures to each restricted area
must serve the purpose of aviation security assurance and not obstruct people
and vehicles that enter, leave and normally work within restricted areas. The authority or unit establishing
restricted areas must put up a warning sign that reads “KHU VỰC HẠN CHẾ - RESTRICTED
AREA” in appropriate and recognizable locations adjacent to restricted areas
and public areas.
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2. The badge shall be worn at the chest level to ensure
that the front side of the badge is visible during the working hours, except
the case specified in Clause 4 Article 30 of this Circular; the permit shall be
displayed clearly from the front windshield or in a recognizable location.
3. People, carry-on items and vehicles must enter and
leave a restricted area through the designated gate or door, comply with
instructions and regulations on security, safety and operation within
restricted areas and be subject to aviation security inspection.
4. The user of the aviation security control badge with
short-term use must be escorted when entering and working within a sterile
area; and supervised when entering and working within other restricted areas.
The supervisor and escort must have an
airport/aerodrome security control badge with long-term use and must:
a) regularly work within restricted areas of the authority
applying for the badge with short-term use; or
b) be staff of the authority in charge of the restricted
area; regulatory authority; unit regularly working within the restricted area;
or
c) be staff of aviation security control force or airports
authority.
5. The supervisor or escort specified in Clause 4 of this
Article shall register the following information in the work shift logbook of
the aviation security control force at the security checkpoint before taking
the supervisee or escortee to a restricted area: full name and number of the
aviation security control badge of the supervisor/escort and the
supervisee/escortee. The supervision and
escorting shall satisfy the following requirements:
a) The supervisor shall regularly supervise activities of the
supervisee; promptly instruct the supervisee in security and safety
regulations; take measures to prevent or notify the aviation security control
force or competent authority's person performing his/her tasks near the
restricted area of the violations committed by the supervisee;
b) The escort shall go with the escortee and regularly
supervise his/her; promptly instruct the escortee in security and safety
regulations; take measures to prevent or notify the aviation security control
force or competent authority's person performing his/her tasks near the
restricted area of the violations committed by the escortee.
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a) The
vehicle is issued with a permit with long-term use but the vehicle operator is
only issued with the security control badge with short-term use;
b) The vehicle
is issued with a permit with short-term use;
c) The vehicle does not regularly operate within the air
operations area.
7. The supervisor or operator of the escort vehicle
specified in Clause 6 of this Article shall register the following information
in the work shift logbook of the aviation security control force at the
security checkpoint before supervising and escorting the vehicle to the
restricted area: full name and number of the aviation security control badge of
the operator of the supervised/escorted vehicle; and number of the aviation
security control permit issued to the supervised/escorted vehicle. The supervision and escorting shall satisfy the
following requirements:
a) The supervisor shall regularly supervise activities of the
supervised vehicle; promptly instruct the supervised vehicle operator in
security and safety regulations; take measures to prevent or notify the
aviation security control force or competent authority's person performing
his/her tasks near the restricted area of the violations committed by the
supervised vehicle operator;
b) The escort vehicle shall take up a position in front of
and keep a safe distance from the escorted vehicle, travel, stop and is parked
in accordance with safety regulations, especially when operating within the air
operations area. Promptly
instruct the escorted vehicle operator in security and safety regulations; take
measures to prevent or notify the aviation security control force or competent
authority's person performing his/her tasks near the restricted area of the
violations committed by the escorted vehicle operator.
8. Vehicles operating within restricted areas shall
travel in the proper lane and at permissible speed, stop and are parked at the
designated location; be subject to inspection and follow the instructions of
the aviation security control staff who is performing his/her tasks.
9. In the cases where filming and photographing within
the restricted areas or aviation security checkpoints are not deemed as
governmental secrets, it is required to obtain written permission from the
supervisory authority.
10. In case of performing contingency and rescue tasks,
the head of the authority or unit of the persons and vehicles performing
emergency and rescue tasks shall cooperate with the aviation security control
force and security force of the unit in charge of the restricted area to
supervise activities of persons and vehicles without the aviation security
control badge/permit or internal security control badge/permit.
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a) Heads of authorities and units operating at
airports/aerodromes shall adopt measures against baggage, cargo and mail theft
within their jurisdiction. The airports authority shall supervise the adherence
to this regulation by authorities and units.
b) Airport/aerodrome operators, cargo service providers and
ground service providers shall inspect and supervise the compliance with
procedures and standards for baggage and cargo handling.
c) Airport/aerodrome operators shall promulgate regulations
on the list of persons and vehicles allowed to enter and leave through each
specific gate, door and path; list of carry-on items that have to be registered
or declared at the aviation security checkpoint before entering restricted
areas; carry-on items that are not allowed in restricted areas;
d) Airlines shall disseminate regulations on transport of
valuable items put in checked baggage; procedures for filing complaints and
claiming compensation in the case of lost baggage;
dd) Measures for property theft prevention shall be specified
in the ASPs and ASRs of enterprises.
1. The introduction, management and use of dangerous
articles into and within a restricted area shall be specified in ASPs and ASRs
according to the CAAV’s list of prohibited or restricted articles in carry-on
and checked baggage.
2. The unit using dangerous articles as tools that serve
operation of authorities and units within airport/aerodrome restricted areas
shall register with aviation security control force and carry out aviation
security inspection of such areas.
3. The unit using dangerous articles as tools that serve
operation of authorities and units within airport/aerodrome restricted areas
shall organize the management and take responsibility for the management, use
and assurance of security and safety of dangerous items specified in Clause 2
of this Article.
1. Aviation security checkpoints shall be established at
the following locations:
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b) Gates, doors and paths from the exclusive use restricted
area that is connected to the public area to other restricted areas.
2. At each aviation security checkpoint (except the
aviation security checkpoint from the public area to the temporarily
established restricted area), the following documents must be available:
a) Procedures for checking people, items and vehicles
entering and leaving restricted areas;
b) Design of aviation security control badge/permit used to
enter restricted areas;
c) List of people and vehicles whose badge/permit is lost or
revoked but is not returned;
d) Directory, templates of required records and forms,
registration of dangerous articles, vehicles and items brought to restricted
areas; list of carry-on items that have to be registered or declared at the
aviation security checkpoint before entering restricted areas; carry-on items
that are not allowed in restricted areas;
dd) Shift handover logbook that records security inspection
and results thereof.
3. At aviation security checkpoints, appropriate signs,
security staff and equipment must be available to ensure that aviation security
check is continuously conducted. Gates,
doors and movable fences at aviation security checkpoints shall be always kept
locked and only opened for entry of checked and eligible persons and vehicles.
1. The aviation security control force shall continuously
conduct continuous inspection of passengers, people and vehicles working within
restricted areas by adopting appropriate measures to discover suspicious
behaviors and promptly prevent violations; check and handle unclaimed baggage
and items and take other aviation security measures.
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3. At the military and civil airport/aerodrome, the
aviation security control force shall reach an agreement with the military unit
based at the airport/aerodrome on patrolling, guarding and protecting the area
between the area used for civil aviation activities and the area used for military
activities.
4. The inspection, patrol and guard shall be elaborated
in ASPs and ASRs.
1. Aviation security control staff and security staff
shall conduct security inspections of people, vehicles and items introduced
into and taken out of and operating within restricted areas.
2. The following shall undergo aviation
security check upon introduction of people, vehicles and items introduced into
a restricted area, except those specified in Clause 9 of this Article:
a) Aviation security control badge/permit;
b) People, carry-on items and necessary documents (if any);
c) Vehicles and items on the vehicles.
3.
People, vehicles and items carried out of a restricted area shall undergo
security check by the aviation security control force if they are suspected of
property theft, smuggling and trade fraud or in the case of strengthened
aviation security assurance or under the direction of the competent authority. The following shall be checked:
a)
Aviation security control badge/permit;
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c)
Vehicles and items on the vehicles.
4. Procedures for checking people:
a) Visually check aviation security control badge;
b) Check people through the door-frame metal detector and
hand-held metal detector at checkpoints equipped with door-frame and hand-held
metal detectors. In case the door-frame metal detector or hand-held metal detector
triggers an alarm, conduct a manual check. It
is required to manually check at least 5% of people walking through the
door-frame metal detector in case the door-frame metal detector or hand-held
metal detector does not trigger any alarm. A
manual check shall be conducted in a manner that ensures it is conducted
continuously during operating hours of the security checkpoint in a day.
c) Conduct manual checks at checkpoints not equipped with
door-frame and hand-held metal detectors;
d) Sequence and ways of badge check, procedures for manual
check and use of door-frame and hand-held metal detectors and procedures for
door-frame metal detector check shall be specified in ASRs of aviation service
providers.
5. Procedures for checking items:
a) Check items using an X-ray machine at checkpoints equipped
with X-ray machines. In the case of suspicion, conduct a manual check;
b) Conduct manual checks of items at checkpoints not equipped
with X-ray machines;
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6. Procedures for checking vehicles:
a) Request the vehicle operator and people on the vehicle to
leave the vehicle;
b) Check the vehicle permit;
c) Physically check the exterior of the vehicle;
d) Use mirror to check the underbody and the upper surface of
the vehicle;
dd) Manually check the inside of the vehicle cabin;
e) Check the passenger and cargo compartments of the vehicle (except
in the cases where the cargo compartment is sealed as prescribed);
g) Check vehicle and cargo security seals;
h) Sequence and ways of manual check and use of mirror for
vehicle underbody and upper surface check shall be specified in ASRs of aviation
service providers.
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a) A declaration made using the form in the Appendix XXVI
hereof shall be retained at aviation security checkpoints. The aviation security
control force shall check items carried into and out of restricted areas at
checkpoints and conduct a random or spot check in the case of suspicion;
b) In case a person carrying items on the list of items that
have to be registered or declared at aviation security checkpoints regularly
enters or leaves airport/aerodrome restricted areas, the supervisory authority
or unit shall send a list of staff and carry-on items regularly entering and
leaving restricted areas to the aviation security control department;
c) In case a person not on or on the list mentioned in Point
b of this Clause carries items not included in the declaration or exceeding the
registered amount through the aviation security checkpoint, he/she is required
to declare the items carried into and out of the restricted area according to
the form in Appendix XXVI hereof, and enter and leave the same gate. At the
aviation security checkpoint, the aviation security control staff must collect
the declaration and compare it against the items carried into and out of the
restricted area and record the change in quantity of the items used in the
restricted area (if any);
d) The airport/aerodrome operator shall promulgate specific
regulations on the list and procedures for registering and checking items
carried into and out of the airport/aerodrome restricted area;
dd) Documents about checking of items carried into and out of
restricted areas must be managed and archived in accordance with regulations on
archiving.
8. Procedures for aviation security inspection of each
restricted area shall be described in detail in ASRs of enterprises and units.
9. When going through the aviation security checkpoint, the
border checkpoint police officers performing their duties at the
airport/aerodrome do not need to take off their coats, hats, shoes, sandals and
belts. When going through the door-frame metal detector, people, documents
and special equipment are not required to be manually searched. The
following shall be checked:
a) Aviation security control
badge/permit;
b)
Carry-on items, except military uniform, documents and special equipment;
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10. Heads of border checkpoint police authorities at
airports/aerodromes shall ensure that their officers and soldiers do not carry
dangerous articles against the law into airport/aerodrome restricted areas.
In case any border checkpoint police authority's
officer or soldier is suspected, the aviation security control staff shall
prevent such officer or soldier from entering the restricted area and
immediately notify the head of the checkpoint police authority at the
airport/aerodrome; only allow the officer or soldier to enter the restricted
area when obtaining consent from the head of the checkpoint police authority.
Airport/aerodrome operators shall preside over and cooperate
with aviation security control forces, aviation service providers, police
authorities and traffic authorities in diverting traffic and putting up signs
on internal public roads and in parking lots, passenger pickup areas and other
public areas under the management of the airport/aerodrome operators.
1. People and vehicles traveling and working within
public areas shall comply with regulations of the law on road traffic,
regulations of airports/aerodromes, instructions given by aviation security
control forces and regulations on aviation security and safety assurance,
social order and safety, and be polite and civilized.
2. Airport/aerodrome operators shall preside over and
cooperate with aviation security control forces, police forces (for airports
where police forces perform their regular tasks) and airports authorities in
deciding on the number, locations and operating hours of aviation security
checkpoints; divert traffic within passenger pickup areas and service areas
within public areas of airports.
3. Aviation security control forces shall deploy aviation
security control staff to carry out aviation security inspection, give traffic
instructions to people and vehicles; regulate the number of people and vehicles
entering and working in car parking areas, internal traffic areas, check-in
areas and other public areas of airports and aerodromes; cooperate with police
forces in maintaining order in public areas of airports and
aerodromes; cooperate with relevant airports authorities, police and army
forces and local governments if it is necessary to strengthen assurance of
aviation security and public order, and take actions against
violations.
4. The deployment of patrol and inspection forces and
specialized equipment, and establishment of security inspection procedures
shall ensure that unclaimed items, baggage, cargo and vehicles, and violations
committed within public areas of airports and aerodromes are promptly
discovered and handled, and shall be specified in ASRs of aviation security
assurance service providers.
5. Passengers’ or visitors’ items, baggage and property
sent at the air cargo center in the public area of the passenger terminal shall
undergo aviation security check before being received using appropriate
measures.
1. The airports authority and airport/aerodrome operator
shall preside over and cooperate with the People’s Committee of relevant local
authority in disseminating regulations on aviation security and safety to the
people living within the area in the vicinity of the airport/aerodrome.
2. The airports authority and aviation security control
force shall cooperate with relevant local authority in complying with aviation
security regulations and preventing violations against the law within the area
in the vicinity of the airport/aerodrome.
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4. The airports authority and aviation security control
force shall cooperate with police authorities at all levels in the area in the
vicinity of the airport/aerodrome in formulating and implementing a plan to
prevent acts of unlawful interference involving aircraft at the
airport/aerodrome and use of man-portable air-defense systems and other weapons
for attacking aircraft during takeoff and landing.
5. The aviation security control force and security
forces of relevant authorities and units shall cooperate with police
authorities of relevant communes in patrolling areas in the vicinity of
airports/aerodromes, restricted areas outside airports and aerodromes upon
request in order to promptly discover and take actions against violations of
law.
1. Cases in which aviation security seal shall be
attached after inspection
a) Containers of cargo, mail, bulk package, lost baggage and
unclaimed baggage, catering carts and stores;
b) Containers of aircraft stores and supplies, except those
serving aircraft maintenance and repair;
c) For the vehicle used to fill the aircraft, its inlet and
exhaust ports must be sealed after receiving fuel. The doors of the
non-operational aircraft must be sealed.
2. It is required to make sure that the security seals
cannot be removed after being affixed or they will be damaged if they are
removed; the size and type of security stamp or wire seal must be appropriate
to the item to be sealed.
3. The design of security stamps and security wires, and
regulations on management, inventorying, issuance and use of stamps and
security wires shall be specified in ASPs and ASRs of aviation enterprises.
Requirements on security seals are provided in
the Appendix XIII hereof.
1. Airlines shall be only allowed to agree to transport
and let passengers board if they have their boarding passes and identity
documents specified in the Appendix XIV hereof and have undergone security
inspection. Checked baggage of each passenger shall be checked in individually
instead of in group. Before allowing
passengers to board, the check-in agent shall compare passengers against their
identity documents and boarding passes to make sure that passengers, their
identity documents and boarding passes match.
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3. A passenger may authorize another person to follow
check-in procedures on his/her behalf in the following cases:
a) The mission is composed of a member of the Politburo,
member of the Party Central Committee, alternate member of the Party Central
Committee, Minister and the equivalent or higher positions, Secretary or Deputy
Secretary of the Party Committee of province or central-affiliated city;
President of People’s Council, President of People’s Committee of province or
central-affiliated city; Deputy Minister of Transport; Deputy Minister of
Public Security; Deputy Minister of National Defense; Deputy Chief of the
General Staff, Director of Operations of General Staff, Chief and Deputy Chief
of General Political Department of Vietnam People's Army;
b) The director of the airports authority shall decide and
take responsibility for emergency cases.
4. Passengers without checked baggage may check-in
themselves through the online check-in system or self check-in kiosks allowed
by airlines and relevant competent authorities without being present at the
check-in counter.
5. 100% of passengers and their carry-on baggage shall
undergo screening; passengers who refuse to undergo screening will be refused
permission to fly.
6. At each aviation security checkpoint, there must be
rooms for aviation security search; X-ray machines, door-frame metal detectors,
hand-held metal detectors, explosive detection devices, communication devices
and other necessary tools and devices.
7. At each aviation security checkpoint, there must be
sufficient aviation security control staff to sufficiently and effectively
perform the following tasks:
a) Check and compare passengers’ identity documents against
their tickets or boarding passes physically or electronically (mobile phones,
computers, etc.) and passengers;
b) Instruct passengers to place their personal belongings,
baggage and items on the conveyor belt of X-ray machine;
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d) Monitor the screen of X-ray machine continuously for no
more than 30 minutes with a minimum interval of 30 minutes;
dd) Receive baggage and items to be screened at the request
of the staff monitoring the screen of X-ray machine and transfer them to the staff
conducting manual checks and search;
e) Conduct manual checks or searches of carry-on baggage and
items;
g) The chief of the shift shall direct, manage and monitor
all tasks performed at aviation security checkpoints; rotate tasks of staff
during each shift; resolve difficulties and take actions against violations
reported by staff; not directly perform the tasks specified in Points a, b, c,
d, dd and e of this Clause.
8. Passengers shall comply with all instructions and
request of the aviation security control staff, and passenger and carry-on
baggage screening procedures as follows:
a) Passengers shall take off their coats, hats, shoes and
belts, and remove their personal belongings and other carry-on items; put
items, liquids and electronic devices on a tray to be passed through the X-ray
machine before walking through the door-frame metal detector;
b) If the door-frame metal detector triggers alarms when
passengers walk through it, the aviation security control staff shall use the
hand-held metal detector and conduct a manual check at the same time;
c) Passengers shall put their baggage on the conveyor belt to
be passed through the X-ray machine. In the case of suspicion, the aviation
security control staff shall conduct a manual check or security search as
prescribed.
9. Passengers and baggage that have completed aviation
security procedures shall be continuously inspected using CCTV cameras or
directly inspected by the aviation security control staff or inspected using
the two aforementioned measures until they board.
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11. Manual checks of passengers and their carry-on baggage
shall be conducted at aviation security checkpoints or in security search
rooms. Manual checks of passengers at
aviation security checkpoints shall be conducted by the staff of the same
gender. Where necessary, female
staff may check male passengers. Manual checks in search rooms shall be
conducted by staff of the same gender, witnessed by a third person of the same
gender and recorded.
12. In case dangerous articles not allowed to be carried
along or put in carry-on baggage are found, the aviation security control staff
shall comply with regulations specified in Article 62 of this Circular.
13. A random manual check of passengers and their carry-on
baggage shall be additionally conducted after the first aviation security check
with a percentage of at least 10%. The
random manual checks shall be conducted at an aviation security checkpoint or
passengers shall be taken to a security search room upon request. The manual check shall be conducted in a manner that
ensures it is conducted continuously during operating hours of the security
checkpoint in a day. Methods and
procedures for manual checks of passengers and their carry-on baggage shall be
specified in ASRs of aviation security assurance service providers.
14. Procedures for security inspection of passengers and
their carry-on baggage on departure shall be elaborated in ASRs of aviation
security assurance service providers.
1. In case transit passengers and passengers having a
domestic stop are retained on board an aircraft, such aircraft must be
continuously inspected using CCTV cameras or directly inspected by the aviation
security control staff or inspected using the two aforementioned measures until
the departure and it is not allowed to let passengers disembark.
2. Upon disembarkation, transit passengers, transfer
passengers and passengers having a domestic stop shall carry their personal
belongings and carry-on baggage.
3. Aircraft operators shall conduct checks to ensure that
transit passengers, transfer passengers and passengers having a domestic stop
do not leave their personal belongings and carry-on baggage on board the
aircraft when they disembark.
4. Transit passengers, transfer passengers and passengers
having a domestic stop shall undergo security screening before boarding as the
passengers on departure, except in the cases where the following requirements
are satisfied:
a) Transit, transfer or domestic stop tag is attached to
passengers;
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5. Procedures for security check of transit passengers,
transfer passengers and passengers having a domestic stop shall be elaborated
in ASRs of aviation security assurance service providers.
1. Aircraft operators shall send a list of crewmembers to
the aviation security control force before the crewmembers undergo aviation
security check. Crewmembers shall wear
uniform, pack their baggage themselves and be only allowed to carry baggage as
prescribed in Clause 4 of this Article.
2. Crewmembers shall present their crew identification
badges at the aviation security checkpoint. Aviation security control staff shall check and compare the list of
crewmembers provided by the aircraft operator against their crew identification
badges.
3. Crewmembers and their baggage shall undergo security
screening, inspection and search as the passengers and their carry-on baggage
on departure.
4. Airlines shall specify the control of baggage and
items of crewmembers upon their embarkation in their ASPs.
5. Procedures for security check of crewmembers and their
baggage shall be elaborated in ASRs of aviation security assurance service
providers.
1. Check-in
agents shall request each passenger to determine whether the checked baggage
belongs to him/her so that he/she is allowed to follow check-in procedures. It
is not allowed check in baggage in group, except in the case specified in
Clause 3 Article 41 of this Circular. In the case of suspicion, notify the
aviation security control staff for additional check.
2.
Checked baggage of transit and departure passengers shall undergo aviation
security inspection with X-ray machine. In the case of suspicion, conduct a
manual check using explosive detection devices or other appropriate measures.
In case of suspicion or information about threats to flight security and
safety, it is required to search checked baggage.
3. At each aviation checkpoint, there must be sufficient
aviation security control staff to sufficiently and effectively perform the
following tasks:
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b) Conduct manual checks or searches.
c) The chief of the shift shall direct, manage and monitor
all tasks performed at aviation security checkpoints.
4. Procedures for check of checked baggage shall be
elaborated in ASRs of aviation security assurance service providers.
5. A manual check of checked baggage shall be conducted
in the presence of the baggage owner or his/her legal representative or
representative of the airline, except in the case of contingency.
6. If checked baggage of transit passengers, transfer
passengers and passengers having a domestic stop has been unloaded from the
aircraft, it shall undergo security check as the checked baggage on departure,
except in the cases where the following requirements are satisfied:
a) The baggage is not moved out of the apron or subject to
continuous aviation security inspection from the time that it is moved out of
the aircraft until it is carried on board the aircraft;
b) A transit, transfer or domestic stop tag is attached to
the baggage.
1. After completing check-in and security check
procedures, checked baggage of departure, transfer and transit passengers shall
be continuously inspected using CCTV cameras or directly inspected by the
aviation security control staff or inspected using the two aforementioned
measures until the baggage is carried on board. It is not allowed to let
unauthorized persons approach checked baggage.
2. Checked baggage carousels and checked baggage handling
areas shall be controlled and inspected using CCTV cameras or directly
inspected by the aviation security control staff or inspected using the two
aforementioned measures. It is not allowed to let unauthorized persons approach
these areas.
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4. If checked baggage is torn or broken, zippers on it
come apart, it no longer remains intact before being loaded onto the aircraft
or is suspected of being subjected to unlawful interference, a security
re-check shall be conducted. The security
re-check shall be recorded. Responsibilities
of organizations and individuals for ensuring integrity of baggage, and
procedures for managing, inspecting and handling baggage that is no longer
intact before being loaded onto the aircraft or is suspected of being subjected
to unlawful interference shall be defined in ASPs and ASRs of enterprises.
1. Baggage of each passenger shall be transported
together with him/her on the same flight, except in the case specified in
Clause 2 Article 149 of the Law on Vietnam Civil Aviation.
2. Airlines or aircraft operators shall ensure that:
a) A baggage tag specifying the flight number, date and code
of the piece of baggage must be attached to each piece of checked baggage;
b) Before a flight, make a list of checked baggage and
compare it with the list of passengers.
c) The list of checked baggage loaded onto the aircraft is
signed.
3. In the cases where a passenger has been issued with
the boarding pass but is not present to take the flight, the airline shall
ensure that all pieces of baggage of such passenger are offloaded from the
aircraft prior to departure.
4. Except diplomatic pouches and consular pouches, one of
the following security check measures shall be applied to the checked baggage
not transported together with passengers as prescribed by the Law on Vietnam
Civil Aviation and made into a record:
a) Security screening of items in different positions using
X-ray machine;
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1. Passenger terminal operation service providers shall
designate a lost and unclaimed baggage storage area until the baggage is moved
away. Baggage storage area shall be
protected. Unauthorized persons are not allowed to enter the area. Protection measures shall be elaborated in ASPs and
ASRs of aviation service providers.
2. Airlines and passenger and baggage service providers
shall retain and prepare a lost and unclaimed baggage logbook, which specifies
the quantity, weight, flight, flight route and handling measures. Lost and unclaimed baggage shall undergo security
screening and be sealed before being moved to the storage area and carried on
board.
3. In case of suspicion or information about threats to
flight security and safety, it is required to search lost and unclaimed
baggage.
4. As any unclaimed item or baggage is found, it is
required to immediately inform the aviation security control force for initial
actions. If unclaimed baggage is stored
in lost and unclaimed baggage storage area, it shall be stored as the baggage
or unclaimed baggage.
1.
Diplomatic pouches and consular pouches shall be exempt from X-ray screening,
manual checks and searches, except for the cases specified in Clause 6 of this
Article.
2.
The aviation security control force shall check diplomatic pouches/consular
pouches as follows:
a)
Check security seals and visible external signs of diplomatic pouches/consular
pouches as prescribed by the law on diplomatic and consular affairs;
b)
Check passports, pouch authorization letters and written confirmation of number
of diplomatic pouches/consular pouches provided by the diplomatic mission or
consular office.
3. If
there are reasonable grounds to believe that the diplomatic pouch/consular
pouch contains dangerous articles not allowed in the aircraft, the pouch shall
be refused transport.
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5. Diplomatic passport holders, diplomatic liaison
officers, consular liaison officers or representatives of diplomatic missions
or consular offices, diplomatic missions and items carried with them when
entering restricted areas or travelling with diplomatic pouches/consular
pouches shall undergo security check as prescribed in Articles 36 and 41 of
this Circular.
6. Diplomatic pouches or consular pouches will undergo
X-ray screening if the airline submits a written request to the head of the
aviation security control force at the airport/aerodrome and obtains consent of
the diplomatic or consular liaison officer. X-ray screening shall be made into a record, which shall be confirmed by
the airline and given to the diplomatic or consular liaison officer, aviation
security control staff and airports authority, and sent to the diplomatic
mission or consular office.
7. Procedures for check of diplomatic pouches and
consular pouches shall be elaborated in ASRs of aviation security assurance
service providers.
1.
Security inspection of crewmembers, passengers, baggage and cargo on VVIP
flights shall be carried out by the aviation security control force and comply
with regulations specified in Articles 41, 43, 44, 45 and 50 of this Circular,
except in the case the Guard High Command affiliated to the Ministry of Public
Security carries out inspections.
2.
The CAAV shall cooperate with the Guard High Command affiliated to the Ministry
of Public Security and relevant authorities in promulgating regulations on
security inspection of crewmembers, passengers, baggage and cargo on VVIP
flights.
3.
Exemption from security checks regarding VVIP flights shall comply with
regulations on assurance of VVIP flights.
1. At each aviation checkpoint, there must be sufficient
aviation security control staff to sufficiently and effectively perform the
following tasks:
a) Check
documents (declaration of the sender, completed customs procedures for cargo
carried on international flights), document each checked shipment of cargo;
conduct manual security checks and searches; conduct checks using explosive
detection devices;
b) Monitor
the screen of X-ray machine continuously for no more than 30 minutes with a
minimum interval of at least 15 minutes;
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d) The chief of the shift shall direct, manage and monitor
all tasks performed at aviation security checkpoints.
2. Procedures for security check of cargo and mail shall
be elaborated in ASPs and ASRs of aviation enterprises.
3. 100% of cargo and mail on departure shall undergo
screening, except in the case specified in Clause 7 of this Article and cases
in which special articles are exempted from screening as prescribed in Article
52 of this Circular. In the case of
suspicion, conduct a manual check or take other appropriate measures. A manual check shall be conducted in the presence of
the owner or legal representative or representative of the airline. In case of suspicion or information about threats to
flight security and safety, it is required to search cargo and mail.
4. After undergoing screening as specified in Clause 3 of
this Article, cargo and mail shall be subject to continuous security inspection
using an appropriate measure until they are carried on board the aircraft.
If it is found that cargo or mail is no longer
intact or the container is not attached to security seal before being loaded on
to the aircraft, the cargo and mail handling staff shall promptly inform the
aviation security control staff. The
aviation security control staff shall take appropriate security re-check
measures in order to discover or prevent dangerous articles. The aircraft operator shall control cargo and mail
carried on board the aircraft as prescribed.
5. In case screened cargo and mail on departure have to
be transported through public areas to the aircraft, vehicles shall be escorted
or controlled using appropriate measures during the transport to prevent
unauthorized introduction of dangerous articles into the cargo and mail.
6. Transit and transfer cargo and mail shall undergo
security screening and inspection as the cargo and mail on departure, except
for regulations specified in Clause 7 of this Article.
7. Transfer/transit cargo and mail carried on the
passenger aircraft are not required to undergo security check if there is a
written confirmation that or security seal that confirms the aviation security
check has been completed and in one of the following cases:
a) The transit/transfer cargo and mail are not unloaded from
the aircraft or apron or are subject to continuous aviation security
inspection;
b) The transit/transfer cargo and mail that are transported
from the apron to the storage area through the public area and vice versa shall
be sealed and inspected using appropriate measures during their transport to
prevent unauthorized introduction of dangerous articles into the cargo and
mail.
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1. If a cargo and mail handling facility that handles a
great number of cargo and mail transported by air satisfies all requirements
for infrastructure and human resource for aviation security assurance and has
its ASR approved by the CAAV, it is allowed to establish a cargo and mail
security checkpoint at a facility outside the airport.
2. In order to ensure aviation security and protect
interests of relevant parties, the CAAV shall issue the license for provision
of aviation security assurance services to the enterprises suitable to provide
cargo and mail security inspection services at facilities outside airports.
3. Enterprises in charge of cargo and mail handling
facilities shall ensure security and protect cargo and mail handling facilities
according to the approved ASRs; take appropriate measures for security
inspection of cargo and mail upon receipt, storage and transport of checked
cargo and mail to airports/aerodromes.
4. The CAAV shall promulgate measures and procedures for
aviation security check of cargo and mail in the whole air supply and transport
chain appropriate to nature of each type of cargo and mail. Enterprises involved in air transport of cargo and
mail shall take measures and follow procedures for aviation security check
promulgated by the CAAV in order to prevent unauthorized introduction of
dangerous articles.
1.
Corpse contained in a hermetically sealed zinc inner coffin transported by
aircraft shall be exempted from X-ray screening and manual check. The process of packaging and sealing the zinc inner
coffin shall be supervised by the competent health authority. The zinc inner coffin shall remain sealed and there
must be written confirmation provided by the health facility and enclosed with
the death certificate.
2. Products made from blood, viscera for transplantation,
vaccine and pharmaceutical products that must remain sealed shall be exempted
from X-ray screening. Containers shall be
sealed and enclosed with written confirmation provided by the competent health
facility.
3. The exemption from X-ray screening and manual check
shall apply to dangerous cargo of which screening or manual check will endanger
the life and health of aviation security control staff, such as materials for
nuclear research and radioactive materials. The containers shall be sealed and enclosed with written confirmation of
safe packaging and written request of the competent authority.
4. Regarding bones and ashes, security check thereof
shall be conducted as if security check of normal cargo and baggage is
conducted, except in the cases where the relevant regulatory authority or the
foreign diplomatic mission applies for exemption from X-ray screening and
approval for the application from the head of the aviation security control
department at the airport/aerodrome is obtained.
5. Live animals and easily damaged articles that cannot
be screened using X-ray machine shall be manually checked or checked using
appropriate measures.
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7. The carriage of medical devices classified as
dangerous items on the aircraft to take care of patients and VVIPs must be
requested in writing and approved by the airline representative and the head of
the aviation security control force at the airport/aerodrome.
8. Special articles specified in Clauses 1, 2, 4, 5 and 7
of this Article shall be checked using explosive detection devices.
9. Procedures for security check of special articles
shall be elaborated in ASRs of aviation security assurance service providers.
1. Enterprises manufacturing, processing and supplying
airline meals (hereinafter referred to as "catering enterprises")
shall ensure aviation security of meals in accordance with their approved
security regulations.
2. Catering areas shall be protected. The entry into and
operation within these areas require appropriate aviation security control
badges/permits. Vehicles transporting
meals from the supplying area through public areas to the aircraft shall be
escorted by security staff of the enterprise or other appropriate security
measures shall be taken.
3. Samples of meals shall be retained for at least 24
hours since such meals are transported to the aircraft to be served.
4. After undergoing a security check, carts and bags
containing meals served on the aircraft shall be sealed. Only sealed carts and bags containing meals are
accepted to enter airport/aerodrome restricted areas and to be served on the
aircraft.
5. If carts and bags containing meals are transported
from a public area to a restricted area without being sealed or the security
seals or the carts and bags containing meals are no longer intact, they shall
undergo X-ray screening or manual check before being transported to the airport
restricted area to be carried on board the aircraft and shall be subject to
continuous aviation security inspection.
6. Procedures for aviation security inspection of airline
meals shall be elaborated in ASRs of aviation security assurance service
providers.
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2. Warehouses containing aircraft stores and supplies
shall be protected. The entry into and operation within these areas require
appropriate aviation security control badges/permits.
3. Persons in charge of aircraft operation, maintenance and
repair shall check and compare the number and type of items serving aircraft
operation, maintenance and repair when loaded onto or unloaded from the
aircraft. The check and comparison shall be made into a record, which will be
presented to the aviation security control staff upon entering and leaving a
restricted area.
4. Procedures for aviation security inspection of
aircraft stores and supplies shall be elaborated in ASRs of aviation security
service providers.
1.
Fuel suppliers shall ensure aviation security of aircraft fuel in accordance
with their approved security regulations.
2. Fuel farms and vehicles shall be protected. The entry
into and operation within these farms require appropriate aviation security
control badges/permits.
3. After receiving fuel to fill the aircraft, inlet and
exhaust ports of aircraft refueling vehicles shall be sealed. The vehicles
shall be escorted and protected or other appropriate measures shall be taken to
ensure security when traveling in public areas.
4. Aviation security control forces at airports and
aerodromes shall inspect and supervise aircraft refueling vehicles before they
enter airports, and ensure that security seals attached to inlet and exhaust
ports of aircraft refueling vehicles remain intact.
5. Procedures for security check of aircraft fuel shall
be elaborated in ASRs of aviation service assurance service providers.
1. When following aviation procedures, the escort shall
present the escort order or escort decision issued by the competent authority.
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3. The escort and escortee may undergo a security check
in a separate area. The escortee and
his/her baggage and items shall undergo a manual check.
4. The aviation security control staff shall cooperate
with the escort in closely managing and supervising the process of loading and
unloading the escortee.
5. The airline representative shall notify the
pilot-in-command of the seat of the passenger who is the suspect, defendant,
prisoner, deported person or extradited person and escort and his/her combat
gears. The pilot-in-command shall notify
the aviation security control force in the area where the aircraft is expected
to land of necessary assistance (if any).
1.
Every airline shall be responsible for its passengers who are denied entry to
Vietnam. To be specific:
a)
Arrange the passengers' departure out of Vietnam as soon as practicable;
b)
Cooperate with the border checkpoint police authority in impounding passengers’
identity documents and initiate procedures to get other documents issued by the
immigration authority for the purpose of transporting such passengers in case
they do not have valid identity documents;
c)
Notify the border checkpoint police authority and relevant airports authority
of the list of passengers, time and place where passengers denied entry are
managed and the number of the flight out of Vietnam;
d)
Keep identity documents or other documents issued by the immigration authority
and return them to passengers only when they have been transferred to the
competent authority of the country where the aircraft arrives.
2. If
the airline transports passengers denied entry to a foreign country back to
Vietnam, the airline shall cooperate with the competent authority of the home
country to obtain the passengers’ identity documents or other documents issued
by the competent authority of the home country for the purpose of transporting
such passengers.
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4. The airline shall incur all costs in connection with
passengers denied entry.
5. The airline representative shall notify the
pilot-in-command of the seats of passengers denied entry and escorts and their
combat gears. The pilot-in-command shall
notify the aviation security control force of the airport/aerodrome or foreign
authority in the area where the aircraft is expected to land of necessary
assistance.
1. Passengers who have lost their act control capacity
are:
a) Those who have lost their act control capacity due to
their mental disorder;
b) Those who have lost their act control capacity due to
using wine, beer or stimulants.
2. Passengers who have lost their act control capacity
due to using wine, beer or stimulants shall be denied for transport.
3. The transport of passengers having mental disorder
shall be considered and decided by the airline representative. In case of accepting transport, the following
requirements shall be satisfied:
a) Passengers having mental disorder shall be accompanied by
their doctors or relatives who are able to control their abnormal acts. Where necessary, passengers
having mental disorder shall be anaesthetized before embarking the aircraft.
The duration of the flight must not be longer than the effective period of the
medicine;
b) Passengers having mental disorder and their baggage and
items shall undergo a manual check. The manual check may be conducted in a
separate area;
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d) The airline representative shall inform the
pilot-in-command of the seats of passengers having mental disorder. Where necessary, the
pilot-in-command shall notify the aircraft/aerodrome operator in the area where
the aircraft is expected to land of necessary assistance.
1. If the disruptive passenger has yet to embark the
aircraft, the aviation security control force shall prevent him/her from
embarking the aircraft, temporarily seize him/her and his/her identity
documents. The next steps shall be taken
as prescribed in Articles 83 and 84 of this Circular. The handling shall minimize effects on normal
operation of airports and aerodromes.
2. If the passenger has embarked the aircraft and the
aircraft is on the ground, the pilot-in-command shall apply appropriate
measures within his/her power; decide to land off if necessary for security and
safety reasons; notify the airline representative; the airline representative
shall notify the aviation security control force and airports authority at the
airport/aerodrome for cooperation in handling.
3. If the aircraft is in flight, the pilot-in-command
shall apply appropriate measures within his/her power; decide to land off if
necessary for security and safety reasons; notify the airline representative or
aviation authority at the airport (if there is no airline representative) where
the aircraft lands; the pilot-in-command shall, on a case by case basis, make
an administrative violation record or report the case as prescribed by the law
on administrative penalties for violations against civil aviation regulations
or make a record according to regulations of the home country and transfer the
case to the aviation authority at the airport where the aircraft lands.
4. Upon receiving the notification, the aviation security
control force at the airport/aerodrome shall immediately board the aircraft to
cooperate with the crew in taking necessary coercive measures to escort the
disruptive passenger off the aircraft, temporarily seize his/her identity
documents and items; the crew shall prepare a report on the case and transfer
it to the airports authority and the airline representative shall be present to
witness and cooperate in handling the case.
5. When informed, the relevant airports authority shall
be immediately present at the place where the case is handled to directly
assess and decide to handle it within its power; supervise the entire process
of handling the case, even on board the aircraft; preside over and cooperate
with the aviation security control force at the airport/aerodrome and airline
in assessing the case and deciding to take necessary security measures; request
the transfer of the case file; suspend or allow to resume the flight; make
records and impose penalties for administrative violations; if the case is
beyond its power, transfer it to the competent authority.
1. Airlines are entitled to deny transporting passengers
for security reasons in the cases prescribed by law.
2. Procedures for deciding and power to decide to
transport passengers for security reasons shall be elaborated in ASPs of
airlines. The denial shall be immediately
notified to the airports authority.
3. The CAAV shall issue the decision on temporary or
permanent prohibition against air transport of passengers that commit
violations against the law; the CAAV shall, on a case by case basis, consider
deciding to conduct mandatory manual checks of people that violate regulations
on security and order on board aircraft at airports and aerodromes.
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5. Airlines shall take appropriate and effective measures
to issue warnings about or immediately discover persons prohibited from
transport and those required to undergo mandatory manual check when they make
the booking or follow check-in procedures.
1.
Screened passengers and their carry-on baggage that have left the sterile area
shall be subject to security re-check upon returning to the area.
2. In the event that a mix of screened passengers and
their carry-on baggage and unscreened passengers occurs, the aviation security
control force shall immediately apply the following measures:
a) All passengers and their carry-on baggage shall be
transferred to another area and the entire sterile area shall be re-checked;
b) All passengers and their carry-on baggage shall be re-checked
before being allowed to board the aircraft;
c) If any passenger has had access to an aircraft, all
passengers, their carry-on baggage and passenger cabins of the aircraft shall
be re-checked.
3. If the security seal does not remain intact or checked
baggage, cargo, mail, aircraft stores and supplies or carts and bags containing
meals are torn or broken, they shall be re-checked before being loaded onto the
aircraft.
4. The security re-check specified in Clauses 2 and 3 of
this Article shall be made into a record.
1. If any bomb, mine, explosive, explosives precursor,
combustible matter, radioactive material or toxic substance that may pose a
risk is found or suspected, the aviation security control force shall
immediately assess the risk to take appropriate measures. Regarding mines, bombs or explosive materials, if the
explosion mechanism is not clearly known, leave them as they are and rapidly
blockade the area, evacuate passengers to a safe area and immediately inform
the mine and bomb disposal force of the police or army force.
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3. If it is found that a dangerous item fails to comply
with air transport requirements, the aviation security control force at the
airport/aerodrome shall instruct the passenger to leave it or instruct him/her
to follow transport procedures as prescribed or refuse to complete security
screening procedures and request the airline or legal representative of the
shipper or passenger to comply with transport requirements.
4. When detecting any weapon or explosive hidden on a
passenger’s body, rapidly take an appropriate measure to restrain such passenger;
when detecting any weapon or explosive hidden in the passenger’s carry-on
baggage, immediately restrain the passenger from the baggage.
1.
Sterile areas shall undergo daily security checks before being put into
operation and subject to close and continuous security inspection during
operation.
2.
When a sterile area is not in service, its entrance and exit doors must be
locked or guarded by aviation security staff.
3.
Procedures for aviation security inspection of sterile areas shall be
elaborated in ASRs of aviation security assurance service providers.
1. Aircrafts parked on aprons shall be protected using
appropriate measures in order to detect or prevent people and vehicles from
illegally approaching, loading and unloading items or leaving them on the
aircrafts.
2. Regarding the non-operational aircraft, take measures
specified in Clause 1 of this Article and comply with the following
requirements:
a) Its stair, jet bridge and conveyor, and other vehicles
shall be evacuated from the aircraft;
b) The aircraft operator shall close and lock the aircraft;
seal the aircraft doors; the aircraft parked at night shall be illuminated.
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a) It is subject to continuous aviation security inspection
or has its doors closed, locked and sealed;
b) The aircraft operator shall organize the control of people
and items upon their embarkation and disembarkation.
1. Before the embarkation or after the disembarkation of
passengers, baggage, cargo and mail, the aircraft operator shall conduct a
security check of the aircraft according to the list of types of aircraft in
order to detect dangerous articles that may be hidden or stowaways. The aircraft operator shall specify procedures for
aircraft security check in ASPs of airlines.
2. Aircraft security checks and searches shall be
conducted according to a list. On each
aircraft, there must be an aircraft security search and check list and its
contents must be specified in ASPs of airlines.
1. While an aircraft is in flight, the cockpit door shall
be lockable from inside and there must be means by which cabin crew can
discreetly notify the flight crew in the event of suspicious activity or
security violations in the passenger cabin.
2. An aircraft with a maximum certificated take-off mass
of over 45,500 kg or more or with a seating capacity greater than 60 must meet
the following requirements:
a) The aircraft cockpit door shall be designed to resist
penetration by small arms fire and grenade shrapnel or to resist forcible
intrusions by unauthorized persons;
b) Means shall be provided so that pilots can monitor entire
door area outside the cockpit to identify persons requesting entry and to
detect suspicious behavior or potential threat.
3. All aircraft operators shall ensure that the aircraft
doors are closed following embarkation until any such door is opened for
disembarkation, except when necessary to permit access and egress by authorized
persons, including:
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b) Persons permitted by the aircraft operator;
c) Persons allowed to enter the cockpit as prescribed by law.
4. Flight crew members are not allowed to leave the
cockpit without the permission from the pilot-in-command. There should always be 02 flight crew members in the
cockpit. If, in the event of force
majeure, there is only 01 flight crew member in the cockpit, 01 flight
attendant should be present therein.
1. When passengers embark the aircraft, the airline shall
check and compare their identity documents and boarding passes to ensure that
they board the correct flight. The
checking measures shall be elaborated in ASPs of airlines.
2. Before the departure of aircraft, the pilot-in-command
shall compare the total number of passengers issued with boarding pass with
that on the aircraft using an appropriate measure. If there is no match, the reasons therefor have to be
explained so that the aircraft is allowed to depart.
3. When the aircraft is in flight, the pilot-in-command
shall ensure aviation security, and maintain order and discipline on the
aircraft; is entitled to take measures to prevent and respond to acts of
unlawful interference and violations of regulations on aviation security
assurance, acts of order disturbance, failure to comply with the requests and
instructions of the crew as stipulated by law; transfer violators, exhibits and
records or report violations to the competent authority when the aircraft lands
at an airport or aerodrome. The
pilot-in-command shall carry out aviation security inspection, and maintain
order and discipline on the aircraft in flight.
4. Crewmembers shall obey orders and commands of the
pilot-in-command; regularly supervise the passenger cabin to promptly detect
abnormal behaviors of passengers and notify the pilot-in-command thereof;
cooperate with the in-flight security staff in responding to and handling acts
of unlawful interference.
5. The CAAV shall be in charge of cooperating with
affiliates of the Ministry of Public Security, foreign competent authorities
and airlines in deploying in-flight aviation security staff.
1. The transport of persons who potentially threaten
aviation security must comply with the regulations of law and there must be
escorts. No more than 05 persons are allowed in these cases, except for the
case specified in Clause 7 of this Article are transported. VVIP flights with hired compartment shall not
transport passengers who are the suspects, prisoners, deported persons,
extradited persons and persons arrested under the wanted decision.
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3. The seating position of the escortees shall be
designated at rows of seats far from the entrance door and exit door. The escorts shall be seated by the aisle, the
escortees shall be seated next to the escorts. In case the number of escorts is
twice as many as the number of escortees, the escortees shall be seated between
the two escorts.
4. The escortees shall be supervised by the escorts
during flight even when they are in toilet, meals may be served to the
escortees on the aircraft with the consent of the escorts. Escorts and escortees shall not use stimulants or
alcoholic solutions.
5. Escortees shall not be handcuffed or legcuffed to any
part of the aircraft.
6. The airline shall make sure escorts and escortees
embark before other passengers and disembark after other passengers.
7. The transport of deported passengers who volunteer to
return home with a quantity greater than that specified in Clause 1 of this
Article shall be only performed if capable of ensuring security. The airline shall make assessment and decision.
1. The transport of weapons, tools of war, radioactive
materials and other dangerous articles on the aircraft flying to or over the
territory of Vietnam shall comply with regulations of Vietnamese law.
2. The list of dangerous articles which passengers and
crew are not allowed put in their carry-on baggage and checked baggage to be on
board the aircraft shall be promulgated by the CAAV.
3. Upon their transport, dangerous articles that are
dangerous cargo shall be accepted for transport on board the aircraft by the
airline representative in accordance with regulations on transport of dangerous
cargo.
4. All airport/aerodrome operators shall post the list of
dangerous articles not allowed in carry-on baggage and checked baggage at
aviation security checkpoints; and notify the list of dangerous articles not
allowed to be carried on board the aircraft at terminals in an appropriate
manner.
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1. The person carrying weapons or combat gears, except the case
specified in Clause 3 of this Article shall follow check-in procedure at the
check-in counter as follows:
a)
Present weapons, combat gears and relevant permits to the aviation staff to
check when following the check-in procedure;
b) In
case of carrying pistol on board the aircraft, complete the declaration using
the form in the Appendix XV hereof. In case of consignment of pistol or
ammunition, complete the declaration using the form in the Appendix XVI hereof.
2. The airline’s check-in agent shall inform the aviation
security control staff so that he/she checks permits concerning arms and combat
gears. In
case of pistol and ammunition, the aviation security control staff shall check
the declaration contents and sign the declaration.
3. The passenger that is an officer or guard soldier
accompanying VVIPs shall complete the declaration using the form in the
Appendix XV hereof and deliver it to the check-in agent before boarding the
aircraft and take responsibility for safety of pistol, ammunition and combat
gears carried along.
4. Regulations on receiving and transporting arms or combat
gears:
a) The
pistol owner must disassemble the magazine from the pistol; disassemble or
disconnect the power source of combat gears; make sure the weapon and combat
gear are in a safe state;
b) The
ammunition must be packaged and stored in accordance with regulations on
transport of dangerous cargo. The airline representative shall sign the declaration that is
made using the form in the Appendix XVI hereof;
c) The
ground staff that transports the pistol and ammunition from the check-in
counter must be escorted and supervised by the aviation security staff;
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5. The pilot-in-command must be informed of the number of
weapons and ammunition transported on the flight.
6. At the arrival airport/aerodrome, the procedures for
transferring weapons and combat gears shall be completed as follows:
a) The
airline must inform its representative at the airport/aerodrome in an
appropriate manner in order for him/her to receive, supervise and provide the
information concerning the flight carrying consigned weapons and combat gears
(flight number, landing time, landing place) for the aviation security control
force at the airport;
b) The
ground staff shall transport weapons and combat gears from the aircraft to the
baggage claim area; compare identity documents and boarding pass with the checked
baggage tag; transfer weapons, ammunition and combat gears to passengers in the
baggage claim area;
c) The
aviation security control force shall monitor the transport, transfer and
registration, and monitor the passengers’ transport of weapons and combat gears
out of airport/aerodrome restricted areas.
7. Procedures for receiving, managing,
transporting and transferring weapons or combat gears shall be elaborated in
civil aviation security programs of airlines and airport/aerodrome operators.
1. When passing through the aviation security checkpoint
to the international sterile area, each passenger and crewmember is only
allowed to carry on no more than 01 liter of liquids, aerosols, and gels
(LAGs). All lags must be carried in containers with a capacity no larger than
100 ml each and completely closed.
2. Clause 1 of this Article shall not apply to liquids
that are medications and baby milk/baby food if the following requirements are
met:
a) Regarding medication, it is required to present a copy of
the prescription, which specifies full name and address of the prescriber and
full name of the medication user appropriate to the full name on the boarding
pass;
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3. LAGs purchased at duty-free shops within an
international sterile area or on an international flight are allowed to be
carried on without any restriction on capacity provided that they are kept in a
sealed tamper-evident transparent plastic bag.
1. Security
of an general aviation aircraft shall be ensured as the commercial air
transport aircraft.
2. Security of the general aviation aircraft parked
outside an airport/aerodrome shall be ensured as follows:
a) Aircraft operators shall make regulations on aircraft
protection relevant to their operation; cooperate with local authorities in
aircraft protection; deploy forces to continuously guard the aircraft in order
to promptly discover and prevent people and vehicles from gaining unauthorized
access to the aircraft; establish fence and night lighting systems around
aircraft parking area;
b) The aircraft doors must be locked or sealed.
3. The general aviation aircraft operator shall conduct
security checks of aircraft before allowing people and items to board the
aircraft and ensure security during flight.
4. Security of general aviation aircraft with a maximum
certificated take-off mass of over 5,700 kg shall be ensured as the commercial
air transport aircraft.
5. Every airline involved in general aviation for
commercial purpose shall develop its own ASP. The ASP shall elaborate measures to ensure aviation security and protect
the airline’s aircrafts within and outside airports and aerodromes; establish
and maintain its own aviation security department and assign persons to be in
charge of its aviation security assurance under an independent and
non-concurrent system.
1. The security inspection of people and items carried on
board general aviation shall be conducted using appropriate measures, which are
elaborated in ASPs of airlines.
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3. Regarding an aircraft that departs from an area
outside an airport/aerodrome, the aircraft operator shall conduct aviation
security inspection of people and items carried on board the aircraft.
1. The CAAV shall cooperate with specialized agencies
affiliated to the Ministry of National Defense in providing guidelines for
ensuring security and safety of dedicated aerodromes; comply with regulations
on cooperation in inspection and supervision of operation of dedicated
aerodromes.
2. Regarding violations of aviation security at dedicated
aerodromes, the forces in charge of ensuring security and maintaining order at
aerodromes shall take initial actions, notify and transfer them to local
authorities.
Regarding
violations of aviation security at dedicated aerodromes, the forces in charge
of ensuring security and maintaining order at aerodromes shall take initial
actions, notify and transfer them to local authorities.
1. The CAAV shall cooperate with affiliates of the
Ministry of Public Security, Ministry of National Defense and relevant
ministries in collecting and assessing information about political security and
social order and safety, conspiracies, methods and tricks of criminal
organizations, terrorist organizations and criminals, and acts of unlawful
interference with civil aviation to decide to take strengthened aviation
security control measures at each level according to regulations of law.
2. The CAAV, airport/aerodrome operators, airlines and
aviation security assurance service providers shall publish hotlines that
receive information relating to assault and acts of unlawful interference with
civil aviation.
According to information about aviation security, and
aviation security threats and risks, the Director of the CAAV shall decide to
apply or cancel level of strengthened aviation security control nationwide or
at a specific airport or aerodrome.
1. Procedures for adopting strengthened aviation security
control measures applied to each level shall be elaborated in ASPs and ASRs of
airport/aircraft operators, airlines and aviation service providers according
to the contents specified in the Appendix XVII hereof.
2. The decision to apply strengthened aviation security
control measures shall be notified by the CAAV and responsible authorities and
units specified in the decision to relevant authorities in an appropriate
manner as soon as practicable and immediately notified to the Minister of
Transport and Minister of Public Security.
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2. Every airline shall protect confidentiality of
personal information of passengers; only provide information about identity of
passengers, shippers and consignees to competent authorities upon request for
the purpose of serving state management of civil aviation security and safety,
ensuring political security, maintaining social order, preventing and fighting
against smuggling, trade fraud and other criminals.
1.
The unit in charge of the aviation information system shall make and promulgate
regulations on protection, management and use thereof to prevent unlawful
access and interference that threatens civil aviation safety, and theft and
falsification of information and data in accordance with regulations of law.
2.
The aviation information system shall be protected from the time a supplier is
selected and during the process of installing and using the system. Protection measures include:
a) Managing the system by issuing security standards and
procedures; selecting and training officials, especially those granted system
privilege; assessing threats and risks to highlight system vulnerabilities and
possibility of being attacked; carry out the inspection and testing and ensure
the supply chain security; conducting inspections and tests; ensuring supply
chain security;
b) Taking control over firewall; encrypting data; using
network intrusion detection system and anti-virus system;
c) Protecting the system, especially servers which must be
placed within an area where entry, exit and operation are controlled and
restricted; only allowing authorized persons to access to the system using
biometric method or password; restricting the number of persons granted access;
continuously controlling and monitoring access to the system; using a backup
system in the case of failure of the main system; logging activities to serve
the inspection, assessment and warning in the case of any unusual activity.
3. ASPs, ASRs, contingency plans and air traffic service
(ATS) contingency plans of aviation enterprises shall specify the protection of
information system, information technology system, precautions, information
security assurance plans and responsive plans in the event of attack and
unlawful interference by using electronic techniques.
4. The unit in charge of the aviation information system
shall assess the threats to aviation security and safety and level of damage in
case of any attack on or unlawful interference with its information equipment
and system in order to take appropriate protection measures. The assessment shall be made according to the
following criteria:
a) The level of threat to air navigation and in-flight
aircraft;
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c) The level of threat to normal operation of air navigation
equipment, infrastructure and aviation security equipment.
5. The unit in charge of the aviation information system
shall cooperate with specialized agencies of the Ministry of Public Security,
Ministry of National Defense and Ministry of Information and Communications in
preventing acts of unlawful access and interference that threatens civil
aviation safety, and theft and falsification of information and data, and shall
comply with regulations on information security.
1. Internal security control shall be done through the
establishment and maintenance of compliance with employment standards;
regulations of authorities and units and cooperation with competent authorities
in preventing and fighting against violations of law and background
investigation.
2. Internal security control shall be included in each
authority or unit's procedures for recruitment, training, management,
supervision, taking of actions against violations, evaluation, appointment and
reassignment; shall be closely associated with internal political protection.
3. Upon recruitment, an application shall include a
police record or comments of the police authority or local authority of the
area where the applicant resides about his/her compliance with laws; where
necessary, the recruiting authority/unit shall verify résumé and carry out
background investigation in his/her place of residence and previous workplace.
Every employer shall annually assess
employees on their compliance with labor regulations, maintenance of labor
discipline and state’s laws. It is
required to carry out verification if an employee has any unusual signs
regarding his/her credentials, morals, activities of daily living, finance and
compliance with regulations.
1. The CAAV shall direct, provide guidelines and inspect
internal security control by civil aviation authorities and units; suspend
aviation staff who is suspected of violating laws or threatening aviation
security and safety or at the request of the competent security agency; direct
civil aviation enterprises to cooperate with relevant police authorities in
internal security control.
2. Enterprises managing and employing aviation staff
shall promulgate regulations on internal security control. To be specific:
a) Investigate and annually assess background of aviation
staff according to Clause 3 Article 81 of this Circular and supervise their
staff’s performance of duties;
b) Raise awareness of their staff about maintaining discipline,
morals and credentials;
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d) Assign persons or department operating on a full-time or
part-time basis to effectively perform internal security control, keep staff
records; closely cooperate with police authorities and local authorities to
exchange and obtain information about employees; promptly discover and take
actions against violations of labor discipline and laws and remedy
deficiencies;
dd) Establish criteria for recruitment and employment of each
type of aviation staff; cooperate with the competent security agency to check
background of foreign aviation staff.
1. Actions
against all aviation security violations shall be promptly and rapidly taken to
prevent them from spreading and minimize their effects.
Actions
against violations shall be taken according to their nature, degree and
effects, and applicable regulations of law. The boarding of the aviation
security control force to suppress, coerce and escort violators is carried out
at the request of the pilot-in-command or the airports authority except the
case of responding to acts of unlawful interference with civil aviation.
2. All aviation security control forces shall designate
an area for taking actions against violations, make sure actions against
violations are taken in a quick, safe and convenient manner and minimize
effects on normal operation of airports, aerodromes and flights.
3. Airports authorities shall preside over and cooperate
with relevant authorities and units operating at airports and aerodromes in
reaching an agreement on issues concerning cooperation in taking actions
against violations of aviation security and public order at airports and
aerodromes and resolution of difficulties that arise from the cooperation
process. Aviation service providers shall
cooperate with police authorities and local authorities in taking actions
against aviation security violations committed within areas outside airports
and aerodromes under their management.
4. Airports authorities, units and enterprises that have
aviation security control forces shall assign their staff to be on duty 24/7,
and publish hotline to promptly take actions against violations of aviation
security and public order.
5. Documents, procedures, records and decisions on
actions against violations shall be prepared and retained as prescribed by law.
1. The aviation security control force shall take initial
actions against to violations of aviation security and pubic order committed at
the airports or aerodromes under its management. Procedures for taking initial actions shall be completed as follows:
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b) Conduct a check or search and collect exhibits and
evidences;
c) Transfer the violator and exhibits involved in the
violation to the designated area;
d) Immediately notify the airports authority or police
authority (in the violation is suspected as a criminal offence) and relevant
authorities and units at airports and aerodromes;
dd) Protect the scene if necessary;
e) Make preliminary records (including a violation record
made using the form in the Appendix XXIV hereof) and transfer records, proof,
exhibits and violator to the competent authority at the request of the airports
authority.
2. Relevant authorities, units and individuals shall
closely cooperate with the aviation security control force in taking actions
against aviation security violations.
3. Regarding aircrafts in operation and aircrafts in
flight, procedures for taking actions against violations are specified in
Clauses 2, 3, 4 and 5 Article 59 of this Circular. In-flight undercover security staff shall not engage
in taking actions against aviation security violations.
4. The aviation security control force performing its
tasks at the facility outside an airport/aerodrome shall take initial actions
against aviation security violations committed at the facility under its
management; procedures for taking initial actions are specified in Points a, b,
c and dd Clause 1 of this Article; make preliminary records (including a
violation record made using the form in the Appendix XXIV hereof), transfer
records, evidences, exhibits and violator to the local competent authority and
cooperate in further taking actions against aviation security violations.
5. The airports authority shall assign a person to be
present in the area where actions against a violation is being taken after
receiving the notification specified in Point d Clause 1 of this Article to
supervise the initial actions, and assess the nature and seriousness of the
violation. The power to take actions against the violation and decide to
further take actions against the violation:
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b) If the violation is within the power to impose
administrative penalties of the airports authority, aviation inspecting
authority, CAAV and inspectorate of the Ministry of Transport, the aviation
authority shall receive the transferred violation case and perform necessary
tasks in accordance with regulations of law to impose administrative penalties
within its power or transfer the case to a competent person or authority;
c) If the violation that is within the police authority's
power to impose administrative penalties is suspected as a criminal offence,
the aviation authority shall request the aviation security control force to
transfer the violation case to the police authority. The airports authority
shall keep monitoring and cooperating with the police authority in the process
of taking actions against the violation to make sure that those actions are
effectively taken;
d) If the violation that is within the customs authority or
another competent authority's power to impose administrative penalties, the
aviation authority shall request the aviation security control force to
transfer the violation case to a competent authority. The airports authority
shall keep monitoring and cooperating with the authority accepting the case in
the process of taking actions against the violation to make sure that those
actions are effectively taken;
dd) If the administrative violation is within the power to
impose penalties of multiple authorities, the director of the airports
authority shall cooperate with authorities that have the power to impose
penalties as prescribed by law.
6. When transferring the case to the airports authority,
the police authority, customs authority or competent authority, the aviation
security control force shall make a transfer record using the Form in the
Appendix XXIV hereof and cooperate in taking measures to escort and seize the
violator, vehicles or exhibits involved in the violation upon request.
7. Airports authorities, airport enterprises, airlines,
ATS providers, aircraft and aircraft equipment maintenance and repair
enterprises and other aviation service providers shall provide their aviation
security control forces with video recorders, voice recorders, cameras,
binoculars and other auxiliary devices to promptly prevent violations, record
and collect all information relating to the violation cases in an accurate and
sufficient manner so that they are handled rapidly and satisfactorily in
accordance with applicable regulations.
8. Airports authorities, aviation security control forces
at airports and aerodromes, airlines, ATS providers, aircraft maintenance and
repair enterprises and other enterprises operating at airports and aerodromes
shall equip telephones that are able to display and save telephone numbers of
incoming and outgoing calls and record such calls for at least 03 hours. There
must be emergency telephone number and hotline. The aforementioned units shall use a service that allows quick
notification of telephone numbers of outgoing calls and incoming calls made to
their telephone numbers to trace telephone threats; create mailboxes to receive
information about violations and acts of unlawful interference.
1. It is required to make comments and draw on experience
in taking actions against violations with a view to correcting deficiencies. To
be specific:
a) According to the nature and seriousness of each violation
committed at an airport/aerodrome, the aviation authority shall decide to
assign an appropriate internal authority or unit to preside over making
comments and drawing on experience or the airports authority shall preside over
making comments and drawing on experience at the authority or request the CAAV
to do so;
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c) The CAAV shall preside over providing explanation and
drawing on experience in taking actions against serious and complex violations
at the civil aviation authority level or at the request of the Ministry of
Transport or National Civil Aviation Security Committee.
2. It is required to make comments and draw on experience
as soon as possible, within 05 working days regarding internal level, 07
working days regarding aviation authority level and 10 working days regarding
civil aviation authority level from the date on which the violation is
committed or reported.
3. Making comments and drawing on experience shall
contain at least the following contents:
a) Measures and procedures for taking actions against the
violation of the unit or individual involved in the process of taking actions
against the violation: correct, incorrect, reasons;
b) Cooperation by relevant unit and individual in taking
actions against the violation: correct, incorrect, reasons;
c) Loopholes in regulations of law, ASPs, ASRs and relevant
documents that need amending;
d) Deficiencies of each relevant unit and individual, reasons
and remedial measures.
1. Response to acts of unlawful interference with civil
aviation shall comply with regulations of law and contingency plans against
acts of unlawful interference with civil aviation that is introduced by the
competent authority.
2. When informed of an act of unlawful interference with
civil aviation, the airport/aerodrome operator, airline, aviation security
assurance service provider or ATS provider concerned shall analyze and
preliminarily assess the nature of the information to consider implementing an
appropriate contingency plan; immediately notify information and assessment
result, and recommend a responsive measure to the competent authority as
prescribed. Mobilize their forces and
vehicles to provide initial responses as prescribed; where necessary, the CAAV
shall directly direct aviation forces to implement an initial contingency plan.
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4. After responding to an act of unlawful interference at
an airport/aerodrome, responsible authorities and units shall rapidly take
necessary measures to ensure normal operation of the airport/aerodrome; make
arrangements so that passengers can continue their journey as soon as possible.
1. The contingency plan against acts of unlawful
interference at an airport/aerodrome shall be prepared by the airport/aerodrome
operator and submitted to the CAAV for approval, and conform to the general
contingency plan against acts of unlawful interference promulgated by the Prime
Minister and contingency plans of aviation emergency steering committees of
provinces, cities and island districts.
2. The enterprise in charge of the air traffic management
service provider shall tailor its own contingency plan; the enterprise in
charge of the ATS provider shall prepare an ATS contingency plan, submit it to
the CAAV for approval and organize the implementation thereof. The contingency plan and ATS contingency plan shall
conform to the general contingency plan against acts of unlawful interference
promulgated by the Prime Minister and contingency plans of aviation emergency
steering committees of provinces, cities and island districts.
3. Contingency plans and ATS contingency plans against
acts of unlawful interference shall be kept confidential.
4. The CAAV shall provide guidelines for designing and
implementing contingency plans and ATS contingency plans.
The provision of information, statement and organization of
press conferences pertaining to acts of unlawful interference and response
thereto shall comply with the general contingency plan against acts of unlawful
interference with civil aviation promulgated by the Prime Minister.
1.
Airport/aerodrome operators, airlines, ATS providers, units in charge of
restricted areas outside airports/aerodromes shall submit an initial written
report to the CAAV within 24 hours from the time the acts of unlawful
interference occur; make reports twice a day during the process of responding
to acts of unlawful interference and make a preliminary report within 24 hours
from the time the response is completed.
2. The CAAV shall submit a written report to the Ministry
of Transport within 24 hours from the receipt of the report on response to acts
of unlawful interference.
1. If an aircraft which is subjected to an act of
unlawful interference has landed within the territory of Vietnam, the CAAV
shall transmit information about that aircraft to the aviation authority of
relevant state as soon as practicable.
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a) the state where the aircraft is registered;
b) the state of the aircraft operator;
c) the state whose citizens are dead, injured or detained due
to the act of unlawful interference;
d) the state whose citizens are passengers on the aircraft
subjected to the act of unlawful interference;
dd)
ICAO.
2. Reports on acts of unlawful interference submitted by
the CAAV to ICAO include:
a) A preliminary report made using the Form in the Appendix
XXII hereof within 30 days from the act of unlawful interference occurs;
b) An official report made using the Form in the Appendix
XXIII hereof within 60 days from the act of unlawful interference occurs.
1. The CAAV shall cooperate with relevant
aviation-related authorities and units and other authorities and units in
organizing a drill aimed at responding to acts of unlawful interference among
aviation-related authorities at least every 03 years at 01 airport or 01 ATS
provider.
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3. Foreign organizations may be invited to take part in
drills aimed at responding to acts of unlawful interference with civil aviation.
4. The CAAV shall report a plan for organizing drills
among aviation-related authorities to the Ministry of Transport.
1.
Aviation authorities’ authorities and units assisting in aviation security.
2.
Aviation enterprises’ authorities assisting in aviation security.
3. Aviation security control forces.
1. Aviation security control forces are forces which are
in charge of ensuring aviation security and licensed to take measures to ensure
aviation security and provide aviation security assurance services as
prescribed by law. Aviation security
control forces perform the task of providing counseling, carrying out
management and monitoring, and directly taking measures to control aviation
security, prevent and respond to acts of unlawful interference and aviation
security violations according to regulations, and include:
a) Aviation security control forces of aviation security
assurance service providers;
b) Aviation security control forces of ATS providers;
c) Aviation security control forces of aircraft and aircraft
equipment maintenance, repair and manufacturing enterprises;
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dd) Aviation security control forces of aviation fuel service
enterprises and air catering services enterprises;
2. Aviation security control forces shall perform tasks
and exercise rights specified in Article 30 of the Government’s Decree
No. 92/2015/ND-CP dated October 13, 2015.
3. The CAAV shall provide guidelines for deploying
aviation security control forces to take measures to control aviation security,
take actions against violations, respond to acts of unlawful interference with
civil aviation and provide aviation security assurance services. Organizational structures of aviation security control
forces shall be elaborated in ASPs and ASRs of enterprises and units that have
aviation security control forces.
4. Aviation security control forces shall be provided
with training appropriate to titles and assigned tasks in accordance with aviation
training regulations of the Minister of Transport.
1.
Aviation security control staff is a person who directly takes measures to
control aviation security, prevent and respond to acts of unlawful interference,
and take actions against aviation security violations and is qualified to be
issued with the aviation security control staff permit by the CAAV as
prescribed. Aviation security control staff includes: security controllers,
security screeners, mobile security staff.
2. Aviation security control staff of aviation security
assurance service providers includes: security controllers, security screeners
and mobile security staff.
3. Aviation security control staff of aviation service
providers, Vietnamese airlines and general aviation enterprises shall be
deployed in a manner that is appropriate to their functions and tasks.
4. Aviation security control staff shall meet aviation
staff standards defined by the Ministry of Transport; train and assess aviation
staff.
1. Aviation security assurance service provider is a
provider issued with the license for provision of aviation security assurance
services in accordance with regulations on business lines subject to conditions
in the civil aviation field, and is licensed to take aviation security
assurance measures and provide aviation security assurance services at
airports, aerodromes and cargo and mail handling facilities outside airports
and aerodromes.
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a) Be Vietnamese citizens;
b) Have knowledge of aviation and aviation security and at least
05 consecutive years’ experience of working in the aviation security field;
have at least 01 consecutive year’s experience of working in the aviation
security field if they are reassigned or seconded from the police or the army.
c) Obtain a bachelor's degree in security or in another
discipline and receive training in one of the disciplines related to aviation
security, law or state administrative management or a bachelor’s degree in
security or national defense in which training is provided by the Ministry of
Public Security or Ministry of National Defense;
d) Obtain a certificate of completion of domestic or
international course on aviation security professional management.
1. Functions
a)
Aviation security control forces of Vietnamese airlines and general aviation
enterprises shall take measures to control aviation security on aircrafts and
operation of aircrafts outside airports and aerodromes;
b)
Aviation security control forces of ATS providers shall ensure aviation
security within restricted areas of the providers;
c)
Aviation security control forces of aircraft and aircraft equipment
maintenance, repair and manufacturing enterprises shall ensure aviation
security at the enterprises;
d)
Aviation security control forces of aviation fuel service enterprises and air
catering services enterprises shall ensure aviation security within restricted
areas under the management of the providers.
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a) Be Vietnamese citizens, have knowledge of aviation and
aviation security and at least 02 consecutive years’ experience of working in
the aviation security field;
b) Obtain a bachelor's degree in security or in another
discipline and receive training in one of the disciplines related to aviation
security, law or state administrative management or a bachelor’s degree in
security or national defense in which training is provided by the Ministry of
Public Security or Ministry of National Defense;
c) Obtain a certificate of completion of domestic or
international course on aviation security professional management.
3. Tasks and rights of heads of aviation security control
forces and aviation security control forces shall be elaborated in ASPs and
ASRs of Vietnamese airlines, ATS providers, aircraft and aircraft equipment
maintenance, repair and manufacturing enterprises and general aviation
enterprises.
An aviation security management system of the
aircraft/aerodrome operator, Vietnamese airline, ATS provider, aircraft
equipment maintenance, repair and manufacturing enterprise or general aviation
enterprise shall satisfy the following requirements:
1. The system shall have its own functions and tasks; the
authority assisting in aviation security shall not concurrently assume other
tasks and responsibilities and power in terms of administrative issues like
other assisting authorities in the same enterprise.
2. The head of the aviation security management system is
a person who is mainly and ultimately responsible to the board of management of
the enterprise (the board of management of the airport/aerodrome in the case of
an airport) for aviation security.
3. The Vietnamese airline that operates regular flights
in a foreign country shall designate a person to be mainly responsible for its
aviation security assurance in such country and the designation shall be
specified in the aircraft operator's ASP.
4. The foreign airline that operates regular flights to
Vietnam shall designate a person to be mainly responsible for its aviation
security assurance in Vietnam and notify the CAAV thereof in writing.
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6. The person who is mainly responsible for aviation
security shall have powers, responsibilities and resources necessary to
effectively implement ASPs and ASRs and such powers, responsibilities and
resources shall be specified in the enterprise’s charter.
7. Heads of authorities and units having ASPs and ASRs
shall define functions and tasks of their aviation security management systems
and ensure the aviation security management systems have power,
responsibilities and resources necessary to effectively implement ASPs and
ASRs.
1. Upon performing tasks, the aviation security control
staff shall hold an effective license and rating issued by the CAAV.
2. The aviation security control staff permit shall be
valid for 07 years. The security screener
rating shall be valid for 12 months; mobile security staff and security
controller ratings shall be valid for 24 months. In case of failure to perform the task specified in the rating for more
than 06 consecutive months, the rating shall be invalid and an examination for the
rating shall be taken upon returning to work.
3. The aviation security control staff shall be issued
with the permit and rating if he/she:
a) meets all standards in accordance with regulations of the
Minister of Transport on standards to be satisfied by aviation staff and
aviation security control staff; hold an appropriate professional certificate;
have at least 01 month internship certified by the supervisory authority;
b) takes an examination for the aviation security permit and rating
organized by the CAAV’s examination council, gets at least 85 scores and does
not have a 0 (zero) score.
4. An application for the permit includes:
a) An application form, which is made using the Form in the
Appendix VI hereof;
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c) 01 03x04cm front color photo with eyes looking straight
ahead and auricles clearly shown (the photo shall be taken on a white
background within the last 06 months).
5. An application for re-issuance of the permit when
expired, lost or damaged includes:
a) An application form, which is made using the Form in the
Appendix VI hereof;
b) An original of the permit in case it is expired or
damaged. In
case it is lost, a confirmation of the head of the unit applying for the permit
is required;
c) 01
03x04cm front color photo with eyes looking straight ahead and auricles clearly
shown (the photo shall be taken on a white background within the last 06
months).
6. An application for extension, addition or restoration
of validity of the rating includes:
a) An application form, which is made using the Form in the
Appendix VI hereof;
b) A copy of the report on result of recurrent training
appropriate to the rating to be extended or recovered;
c) A certified true copy or copy presented together with its
original for comparison purposes of the appropriate professional
diploma/certificate in the case of addition of rating;
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7. Procedures for issuing the permit or rating:
a) The application for issuance or re-issuance of the
aviation security control staff permit, extension, addition or restoration of
validity of the aviation security control staff rating shall be submitted to
the CAAV, whether in person or by post or another appropriate manner;
b) The CAAV shall appraise the application, carry out
inspection and issue/reissue the permit or extend, add or restore validity of
the rating within 20 working days in the case of issuance or re-issuance of the
permit when expired, extension, addition or restoration of validity of the
rating; within 07 working days in the case of re-issuance of the permit when
lost or damaged, from the receipt of the satisfactory application;
c) If the application is not satisfactory, within 02 working
days, the CAAV shall notify the applicant of necessary additional documents in
writing and request him/her to complete the application or provide explanation
in writing if the application is rejected.
8. The aviation security control staff permit shall be
suspended or revoked by the CAAV (except in the case the aviation security
control staff has his/her permit suspended as prescribed in the Decree on
administrative penalties for violations against civil aviation regulations) in
the following cases:
a) The permit will be revoked if its holder is no longer
eligible to be issued with the permit as prescribed in Clause 3 of this
Article;
b)
The permit will be suspended within 01 month if its holder is issued with a
reprimand or make professional mistakes but does not threaten safety and
security;
c) The permit will be suspended within 03 months if its
holder is issued with a reprimand for a second time or a warning;
d) The permit will be suspended within 06 months if its
holder fails to perform the task inappropriate to his/her qualification
specified in the permit or rating;
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9. Upon returning to work, the person whose aviation
security control staff permit is revoked as prescribed in Clause 8 of this
Article shall take an examination for the permit.
1. On an annual basis, the head of the unit managing
aviation security control staff shall assess its aviation security control
staff in writing regarding:
a) Their professional qualification;
b) Their compliance with regulations of the unit;
c) Their responsibilities and attitudes towards work.
2. The assessment made as prescribed in Clause 1 of this
Article serves as the basis for rating aviation security control staff
excellent, good, average or poor. The
rating also serves as the basis for the deployment of staff and provision of
training and additional training to aviation security control staff. If rated poor, remedial measures and time limit for
implementation thereof are required or the expulsion from the aviation security
control force shall be faced.
3. Documents relating to assessment and rating of
aviation security control staff shall be retained by the supervisory unit.
4. The unit managing aviation security control staff
shall set out detailed guidelines for assessment of quality of its aviation
security control staff and specify such guidelines in its ASP and ASR.
1. The investors who construct, renovate, upgrade and
repair aviation works and airport infrastructure shall, upon project
formulation, survey and construction design, comply with the aviation security
requirements and standards specified in this Circular.
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1. Works in service of aviation security assurance at
terminals and aerodromes include:
a) Works in service of airport security assurance at
aerodromes: aviation security fences separating restricted areas from public
areas, patrol roads, intrusion alarm systems, lighting systems, guard booths,
gates, doors, aviation security checkpoints, apron lighting systems;
b) Gates, doors and aviation security checkpoints at the
entrance between exclusive use restricted areas and non-exclusive use
restricted areas; entrance from publics areas to restricted areas;
c) Emergency centers; separate aircraft parking locations;
bomb, mine and dangerous items disposal trenches; assembly areas for
passengers, baggage and cargo in case the aircraft is subjected to unlawful
interference;
d) Systems of CCTV cameras that allow monitoring of entire
terminals, aprons, roads adjacent to terminals and camera system control and
monitoring rooms;
dd) Aviation security checkpoints (check areas) for passengers,
baggage and cargo, including manual check and search rooms at terminals;
e) Duty rooms designated for aviation security control forces
and airports authorities at terminals; rooms designated for passengers denied
entry at international terminals.
2. Works in service of aviation security assurance
outside terminals and aerodromes include:
a) Peripheral lighting systems; systems of CCTV cameras that
allow monitoring of entire restricted areas; aviation security fences
separating restricted areas from public areas;
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3. Works in service of aviation security assurance shall
comply with the following requirements:
a) Works in service of aviation security assurance shall be
inspected and maintained according to standards, regulations and law, have
sufficient documents and records, and promptly repaired when broken;
b) Aviation security fences between restricted areas and
public areas shall have the ability to prevent and give warnings about
unauthorized access;
c) The number of doors and gates to restricted areas from
public areas shall be reduced to the necessary level;
d) Screened passengers, baggage, cargo and mail shall be
separated from unscreened passengers, baggage, cargo and mail;
dd) The location of the emergency center; separate aircraft
parking location; bomb, mine and dangerous items disposal trench; assembly area
for passengers, baggage and cargo in case the aircraft is subjected to unlawful
interference shall facilitate emergency response and implementation of
contingency plans;
e) The works shall ensure the separation between departure
passengers, arrival passengers and transit passengers; flow of domestic and
international passengers and cargo;
g) The area designated for a passenger and cargo checkpoint
shall be wide enough to avoid congestion and facilitate passenger and baggage
check and screening;
h) The sterile area shall be separated from the public area
using durable materials; and from the restricted area using appropriate
materials;
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k) By December 31, 2021, airports or aerodromes that have
been constructed but have not yet had any works in service of aviation security
assurance shall comply all regulations set out in Clause 1 of this Article.
4. Requirements and standards applied to aviation
security fences, gates, doors, barriers, lighting systems, CCTV camera systems,
guard booths and patrol roads at airports, aerodromes and aviation service
providers are specified in the Appendix XII hereof.
1. Equipment and vehicles in service of aviation security
assurance (hereinafter referred to as "aviation security equipment and
vehicles") include:
a) X-ray machines, door-frame metal detectors, hand-held
metal detectors, explosive, weapon and dangerous article detection devices;
b) Vehicles used for patrol; voice and video recorders,
specialized equipment used for observation and detection of forged documents;
equipment used for issuance of aviation security control badges and permits;
c) Vehicles and communications equipment used for serving
command and control and responding to acts of unlawful interference; helmets,
armor and specialized gears used for responding to acts of unlawful
interference; bomb, mine and dangerous items disposal trenches;
d) Tools and equipment used for aviation testing and
training; weapons and combat gears.
2. Aviation security equipment and vehicles shall comply
with the following requirements:
a) Vehicles and equipment specified in Clause 1 of this
Article shall comply with standards and regulations;
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c) Equipment for issuance of aviation security control badges
and permits shall be used in a uniform manner;
d) Equipment and vehicles specified in Clause 1 of this
Article must have sufficient documents and records; X-ray machines shall be
issued with the radiation safety permit by the competent authority;
dd) Upon purchasing new aviation security equipment, it is
required to ensure the new equipment applies the world’s most advanced
technology.
3. The CAAV shall elaborate requirements for and list of
aviation security equipment, vehicles, gears and tools.
1. Operation, management and maintenance of aviation
security equipment and vehicles shall comply with regulations of the
manufacturer and unit operating and using equipment and vehicles. A logbook
should be in place to record damage to and repair and maintenance of equipment
and vehicles.
2. Image data from X-ray machines and CCTV cameras shall
be stored for at least 45 days.
3. X-ray machines, door-frame metal detectors and
hand-held metal detectors shall be tested using a combined test piece in
accordance with specifications and instructions of the manufacturer.
a) Regarding X-ray machines, test requirements and procedures
and log sheet are specified in the Appendix XVIII hereof;
b) Regarding door-frame metal detectors, test requirements
and procedures and log sheet are specified in the Appendix XIX hereof;
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4. X-ray machines, door-frame metal detectors, hand-held
metal detectors, explosive detection devices, CCTV cameras and intrusion alarm
systems shall be periodically maintained in accordance with the manufacturer’s
regulations to ensure their smooth operation. Aviation security equipment that fails the test shall be discontinued.
Logbooks of periodic test and maintenance and unexpected repair shall be
written in a clear and accurate manner and contain the following information:
a) Name of the equipment, location and time of installation,
person in charge of installation;
b) Date of test and maintenance; test and maintenance
contents and results; names of technicians.
5.[1] Every authority and unit managing and operating
aviation security equipment shall submit a report on management of aviation
security equipment to the CAAV as follows:
a) Report title: Report
on management of aviation security equipment;
b) Contents of the
report: Contents related to management of aviation
security equipment specified in the Appendix XXVIII enclosed herewith;
c) Method of sending and
receiving the report: the report is presented in
either documentary or electronic form, and sent to the receiving authority,
whether in person or by post, fax or email or another appropriate manner
prescribed by law.
d)
Reporting frequency: every year;
dd)
Submission deadline: before December 20;
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g) Sample report layout: According to the Form No. XXVIII in the Appendix
hereof.
6. Every unit managing and operating aviation security
equipment shall introduce procedures for management, operation, testing and
maintenance of aviation security equipment.
1. The following persons shall be equipped with military
weapons upon performing their tasks:
a) Aviation security control staff upon responding to acts of
unlawful interference occurring at the airport or aerodrome or on board the
aircraft;
b) Aviation security control staff upon performing tasks
while level 1, level 2 and level 3 strengthened aviation security assurance
measures are being taken;
c) Team members of the aviation security control force;
d) Mobile security staff and aviation security control staff
who carries out patrols and standing guard at night;
dd) In-flight security staff equipped with appropriate
weapons and ammunition upon performing tasks on board the aircraft.
2. The following persons shall be equipped with combat
gears:
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b) Upon carrying out patrols and standing guard in areas
surrounding runways and taxiways, doors and gates adjacent to the aerodromes,
restricted areas and public areas (terminals, parking lots), team members and
aviation security control staff shall be equipped with tear gas guns, plastic
bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8
handcuffs;
c) Upon performing the tasks of strengthening security of
flights, coercing and escorting disruptive passengers and passengers denied
entry, team members and aviation security control staff shall be equipped with
tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber
batons, figure-8 handcuffs;
d) Upon performing tasks at a passenger, baggage and cargo
checkpoint, the chief of the shift shall be equipped with tear gas guns; stun
batons, rubber batons;
dd) Upon performing the tasks of checking, monitoring and
escorting cargo outside an airport/aerodrome, team members and aviation
security control staff shall be equipped with stun batons and rubber batons.
3. Weapons and combat gears shall be stored as follows:
a) Upon performing their tasks, team members and aviation
security control staff shall be equipped with weapons and combat gears shall
strictly comply with regulations on inspection and storage of weapons and
combat gears. When
their tasks are completed or the shift is over, they shall transfer weapons and
combat gears to the person responsible for management thereof or the person
doing the next shift. The transfer of
weapons and combat gears shall made properly and updated on a logbook, which
bears signatures of the transferor and transferee;
b) Regarding frequently used weapons and combat gears, the
unit equipped with weapons and combat gears shall have a separate cabinet to
keep them, carry out routine maintenance and check storage conditions at the
end of the week;
c) Regarding infrequently used weapons and combat gears, it
is required to deploy a person in charge of storage and have a separate storage
cabinet or warehouse. The weapon and combat gear warehouse shall comply with fire safety
requirements and make regulations on access to warehouse; weapons and combat
gears stored in the warehouse shall be regularly lubricated, properly and
separately arranged according to each model. On an annual basis, authorities and units shall carry out technical
inspection and maintenance on a periodic basis and in accordance with
maintenance procedures established by the manufacturer;
d) The person assigned to store weapons and combat gears must
have good credentials and morals and be responsible; has joined a basic
training course on storage and use of weapons and combat gears; must strictly
comply with inspection and storage regulations and prepare a logbook that
records storage of weapons and combat gears.
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5.[2] Every authority and unit equipped with weapons and
combat gears shall submit a report on management of weapons and combat gears,
and training in storage and use of weapons and combat gears to the CAAV as
follows:
a) Report title: Report on management of weapons and combat gears, and
training in storage and use of weapons and combat gears;
b) Contents of the
report: Contents related to management of
weapons and combat gears, and training in storage and use of weapons and combat
gears specified in the Appendix XXIX hereof;
c) Method of sending and
receiving the report: the report is presented in either documentary or
electronic form, and sent to the receiving authority, whether in person or by
post, fax or email or another appropriate manner prescribed by law;
d) Reporting frequency:
every year;
dd) Submission deadline:
before December 20;
e) Data collection
period: from December 15 of the year preceding the reporting period to December
14 of the reporting period;
g)
Sample report layout: According to the Form No. XXIX in the Appendix hereof.
6. Persons equipped with weapons and combat gears shall
comply with regulations on management, use, storage, inspection and maintenance
of weapons and combat gears. Authorities
and units managing and using weapons and combat gears shall specify regulations
on management, use, storage, inspection and maintenance of weapons and combat
gears in ASPs and ASRs.
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2. An aviation security risk report means a document that
defines aviation security risk levels and includes contexts, threats,
weaknesses or limitations, consequences of terrorism scenarios and unlawful
interference with civil aviation, and proposed minimization measures in the
case of an unacceptable security risk level.
3.
Aviation security risk management is an overall model in the system of aviation
activities and meant to minimize risks, including: risk assessment, adoption of
preventive security measures and adjustment to the applied measures.
4. Authorities, units and enterprises assigned by the law
to be in charge of aviation security assurance shall manage aviation security
risks within their jurisdiction; prepare aviation security risk assessment
reports, on a biannual or unexpected basis (if it is discovered that threats,
limitations and weaknesses in aviation security assurance pose a high risk),
review and amend security risk assessment reports and disseminate to the
reports to authorities and units mentioned therein to take appropriate
minimization measures.
5. The development and adoption of aviation security
measures, procedures, regulations and standards or development of plans for
aviation security assurance and response to acts of unlawful interference with
civil aviation shall be based on the results of assessment of aviation security
risks.
6. The CAAV shall direct the aviation security risks
management by aviation-related authorities and units; collect and exchange
information with relevant authorities, prepare aviation security risk
assessment reports and manage aviation security risks. Aviation security risk assessment results shall be
reported to the Ministry of Transport and National Civil Aviation Security
Committee as prescribed.
7. Airport/aerodrome operators shall preside over and
cooperate with relevant authorities and units in assessing and defining levels
of aviation security risks at airports and aerodromes on a biannual or
unexpected basis.
8. The CAAV shall establish an aviation security risk
assessment council for the aviation industry. Every airport/aerodrome operator shall establish an aviation security
risk assessment council at its airport/aerodrome. Members of the aviation security risk assessment
council shall work part-time.
1. The CAAV shall carry out inspections, surveys,
assessments and public or confidential tests, and investigations at all
airports, aerodromes, aviation service providers and airlines and of vehicles
and equipment involved in civil aviation nationwide. Airports authorities shall carry out inspections,
public or confidential tests, and investigations at airports, airlines and
aviation service providers and of vehicles and equipment involved in civil
aviation under their management. Airport/aerodrome
operators shall carry out inspections, surveys, public or confidential tests,
and internal investigations at airports and aerodromes under their management.
Enterprises having ASPs and ASRs shall carry out
inspections, surveys, public or confidential tests, internal investigations,
and assessments as prescribed.
2. The aviation security inspections, surveys, tests,
assessments and investigations shall be carried out according to the annual or
unexpected quality control plan. Tests
shall not be conducted on aircrafts in flight or VVIP flights.
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a) By October 15, the airports authority shall prepare an
aviation security quality control plan for the next year and submit it to the
CAAV;
b) By October 30, the CAAV shall promulgate aviation security
quality control plans for the next year of the CAAV and airports authority, and
send them to units and enterprises having ASPs and ASRs;
c) By November 30, according to the aviation security quality
control plans of the CAAV and airports authority, airport/aerodrome operators,
airlines and enterprises having ASPs and ASRs shall prepare and promulgate
internal aviation security quality control plans and notify the CAAV and
airports authority.
4. The inspection, test and assessment, and unexpected
survey and investigation shall be decided by a competent person if deemed
necessary.
5. The CAAV shall issue an aviation security control
quality manual to ensure uniform and effective implementation among
aviation-related authorities and units.
6. Any authority or unit that manages persons committing
violations or equipment that fails to satisfy aviation security standards shall
suspend such persons and equipment at the request of the head of the
inspection, test, survey and investigation team.
1. Requirements for aviation security inspection, survey,
test, assessment and investigation by the CAAV and airports authorities:
a) There must a decision on team establishment issued by the
competent person. The inspection, survey, test, assessment or investigation
plan shall be approved by the person issuing the decision on team
establishment;
b) The head shall prepare an inspection, survey, test,
assessment or investigation plan and submit a report on implementation thereof
to the person issuing the decision on team establishment within 10 working days
from the end of the inspection, survey, test, assessment or investigation;
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a) There must be an inspection, survey, test, assessment or
investigation plan approved by the head of the organization in charge of
aviation security assurance;
b) The assessment by Vietnamese airlines at foreign airports
shall be paid for by the airlines and the CAAV and require CAAV's involvement. The assessment in Vietnam
by foreign airlines and aviation authorities shall be permitted by the CAAV and
assessment results shall be sent to the CAAV.
3.[3] Every airports authority, airport/aerodrome operator,
airline and enterprise having ASPs and ASRs shall submit a report on aviation
security quality control to the CAAV as follows:
a) Report title: Report on aviation security quality control;
b) Contents of the
report: Contents related to aviation security
quality control specified in the Appendix XXX enclosed herewith;
c) Method of sending and
receiving the report: the report is presented in either documentary or electronic
form, and sent to the receiving authority, whether in person or by post, fax or
email or another appropriate manner prescribed by law;
d) Reporting frequency:
every year;
dd) Submission deadline:
before December 20;
e) Data collection
period: from December 15 of the year preceding the reporting period to December
14 of the reporting period;
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4. Documents about aviation security inspection, survey,
test, assessment and investigation shall be managed and archived as prescribed
by the law on archives.
1. In the case of a confidential test, the contents,
date, place, plan and process of the test shall be kept confidential and
disclosed to team members only. In the
case of a public test, contents, date and place of the test shall be notified
in advance to the unit which is the subject required to undergo the test
(hereinafter referred to as “the tested subject”). According to the approved test plan, the head of the
test team shall prepare a plan for conducting each test.
2. Security and safety of people, property and activities
of the tester and tested subject shall be ensured during the process of
conducting the test. When the
confidential test is discovered, the tester shall immediately present the test
decision together with his/her aviation security inspector card or identity
document to which his/her photo is attached to the tested subject. The tested
subject shall cooperate and ensure security and safety of people, vehicles and
items during the test.
3. After the test is done, the tester shall immediately
prepare a test report and request the tested subject to sign it. Also, the head of the test team shall hold a meeting
with persons concerned at the unit required to undergo the test to draw on
experience, make comments and notify preliminary test results to the head or
authorized representative of the unit.
4. The confidential test is allowed to employ persons of
the police or the army or passengers that have good backgrounds and are
reliable enough to ensure confidentiality and effectiveness of the test.
1. During the inspection, survey, test, assessment or
investigation, if it is considered that deficiencies need remedying immediately
otherwise they will threaten security and safety, the head of the inspection,
survey, test, assessment or investigation team shall request immediate remedial
actions or transfer them to a competent authority for the suspension to be
imposed to ensure security and safety.
2. After receiving a conclusion, which includes
recommended corrective actions against deficiencies, the unit undergoing the
inspection, survey, test, assessment or investigation shall prepare a
corrective action plan and submit it to the unit in charge of quality control.
If there is any inaccurate conclusion or recommendation, the unit undergoing
the assessment shall send a written response to the organization carrying out
the assessment and the CAAV.
3. Time limit and contents of corrective actions against
deficiencies found through the quality control by the CAAV and airports
authorities
a) Within 15 working days from the end of the inspection,
survey, test, assessment or investigation, the person issuing the decision on
team establishment shall give a written conclusion, specifying deficiencies and
recommended corrective actions, if any;
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c) Within 05 working days from the end of the corrective
action plan, inspection, survey, test, assessment or investigation, the person
issuing the decision on team establishment shall give a written response to the
unit, specifying his/her approval or disapproval of each content;
4. Time limit and contents of corrective actions against
deficiencies found through the quality control by units having ASPs and ASRs
a) Within 10 working days from the end of the inspection,
survey, internal test, assessment or investigation, it is required to issue a
conclusion and plan on actions against deficiencies detected through
inspection, survey or investigation, specifying corrective actions, individuals
and organizations responsible for corrective actions and time limit for
completing corrective actions, if any;
b) Within 15 days, the inspection, survey, investigation or
test conclusion and corrective action plan shall be submitted to the CAAV and
supervisory airports authority. The assessment conclusion shall be sent to the unit
undergoing assessment, supervisory airports authority and CAAV.
5. The aviation security quality control department of
the authority in charge of quality control shall carry out supervision and site
inspection of the implementation of the corrective action plan and notify
result thereof to the head of the authority/unit.
6. In case of failure to correct deficiencies according
to the approved plan, the aviation security quality control department of the
authority in charge of quality control shall recommend appropriate measures to
facilitate corrective actions.
1. An aviation security inspector is the person who is
employed by an airports authority and CAAV to control aviation security quality
and carry out aviation security inspections, appointed by the CAAV and issued
with the aviation security inspector card. The
design of the aviation security inspector card is provided in the Appendix XXI
hereof. The appointment of an aviation
security inspector card shall satisfy the following requirements:
a) The aviation security inspector shall be appointed
according to the specialized field or area or unit where he/she is assigned to
carry out inspection;
b) The appointment decision shall be notified to the
inspected subject;
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d) An aviation security inspector shall serve a term of
office of no more than 03 years.
2. Tasks and rights of an aviation security inspector:
a) The aviation security inspector shall control aviation
security quality as prescribed in this Circular and shall not conduct any
confidential test upon performing his/her tasks independently;
b) The aviation security inspector is entitled to access,
board aircrafts, enter any restricted areas at airports, aerodromes, aviation
service providers, works, equipment and vehicles;
c) The aviation security inspector is entitled to request
organizations and individuals to provide documents or relevant items;
confiscate aviation security control badges and permits of staff committing
violations; suspend violating equipment and vehicles threatening aviation
security;
d) The aviation security inspector shall request responsible
persons to take possible remedial actions; make a violation record and transfer
it to a competent person as prescribed by law;
dd) Upon performing the task of quality control
independently, if any deficiency or mistake is found during aviation security
assurance, the aviation security inspector is entitled to directly issue a
warning to the violating unit or person in order to prevent the violation and
request relevant authorities or units to take remedial actions to reduce risks
to aviation security; after issuing the warning, notify his/her supervisory
authority/unit; the aviation security inspector is entitled to issue and shall
take full responsibility for assessments, conclusions and warnings upon
performing his/her tasks independently;
e) Upon performing the task of quality control in a team, the
aviation security inspector shall take on the assignment given by the competent
authority, the proposed assessments, conclusions and warnings shall be sent to
the head of the quality control team; the head of the quality control team shall
take ultimate responsibility for the team’s performance; if the conclusion
given by the head of the team is different from comments of the aviation
security inspector, the aviation security inspector is entitled to have his/her
comments recorded.
3. An internal security inspector is employed by an
enterprise or unit having ASP and ASR, appointed and issued with a card by the
enterprise, which defines his/her rights and responsibilities. The design of the internal security inspector shall be
notified to the CAAV and relevant airports authority.
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a) Inspect, supervise and assess aviation service providers'
compliance with regulations on national aviation security assurance;
b) Access and enter restricted areas, vehicles, equipment and
aircrafts subject to aviation security inspection in accordance with
regulations of Vietnam civil aviation security program and aviation security
quality control program; enter and leave emergency operations center and scenes
where acts of unlawful interference with civil aviation occur;
c) Use cards and permits to serve right purposes and perform
tasks related to aviation security assurance; present effective cards when
performing tasks within restricted areas in civil aviation sector;
d) Vehicles issued with permits by the National Civil
Aviation Security Committee shall be exempted from fees when entering and
leaving airport/aerodrome public areas to perform tasks.
5. Aviation security inspectors, internal security
inspectors and holders of cards issued by the National Civil Aviation Security
Committee shall, upon performing their tasks, take responsibility for their
activities and use cards as prescribed by law.
6. Standards to be satisfied by an aviation security
inspector:
a) He/she must have profound knowledge and experience in the
assigned field;
b) He/she has at least 03 years’ experience of working in the
aviation security field or at least 02 years if he/she has worked for the
police or the army;
c) He/she has completed a training course offered to aviation
security inspector and been issued with a certificate in accordance with
regulations on aviation security training.
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a) He/she has at least 02 years’ experience of working in the
aviation security field or at least 01 year if he/she has worked for the police
or the army;
b) He/she has completed a training course offered to aviation
security inspector and been issued with a certificate in accordance with
regulations on aviation security training.
8. Aviation security inspectors and internal security
inspectors shall be trained in accordance with aviation training regulations of
the Minister of Transport.
1. The CAAV shall establish and provide guidance on
operation of the aviation security reporting and statistic system for aviation-related
authorities and units as prescribed by law.
2. The following organizations shall submit reports to
the CAAV as prescribed in Clause 1 of this Article:
a) Airports authorities;
b) Airlines;
c) Airport/aerodrome operators;
d) ATS providers; aircraft and aircraft equipment maintenance
and repair enterprises;
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e) Aviation service providers.
3. When serious violations or violations that potentially
threaten aviation security and safety or adversely affect social order and
safety occur, the organizations specified in Clause 2 of this Article shall
report such violations to the CAAV as follows: immediately report them by
telephone, by fax or other media and report them in writing within 24 hours
using the form in the Appendix XXIV hereof. The organizations specified in Points a, b, c, d and dd Clause 2 of this
Article shall submit monthly reports on aviation security violations recorded
in the aviation security management system to the CAAV.
4. Emergency cases and responses to acts of unlawful
interference shall be reported as prescribed in Article 89 of this Circular.
5. Reports shall be made through the aviation security database
system, by phone or other media or by post.
1. The CAAV shall carry out carry out statistical
production and establish aviation security database uniformly among civil
aviation-related authorities and units. Aviation
security database shall be protected from unauthorized access; only
organizations and individuals that are permitted by the CAAV are entitled to
access and operate it. Aviation security
database includes:
a) Acts of unlawful interference and cases of aviation
security violations;
b) Subjects required to undergo compulsory manual checks,
denied transport for security reasons or prohibited from air transport;
c) Deficiencies found through aviation security inspection
and aviation security inspections, tests, surveys, assessments and
investigation;
d) Aviation security control badges and permits;
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e) Aviation security control organizations and forces,
aviation security control staff permits.
2. The CAAV shall organize the management of aviation
security database; airports authorities and enterprises having ASPs and ASRs
shall regularly consolidate and update the contents specified in Clause 1 of
this Article to the database.
3. The CAAV provide guidelines for statistical
production, reporting, update, operation, management and use of aviation
security database.
1. Perform tasks and exercise rights of aviation
authorities regarding aviation security assurance as prescribed by law.
2. Approve and supervise the implementation of ASPs and
ASRs of aircraft/aerodrome operators, airlines, ATS providers, aircraft
equipment maintenance, repair and manufacturing enterprises, aviation service
providers at airports and aerodromes and cargo and mail handling facilities.
3. Promulgate, recognize and supervise the implementation
of:
a) Base standards, procedures, directives, guidelines, professional
documents and recommendations about aviation security;
b) Instructions, emergency measures including the suspension
of flight operations at airports, flights, vehicles, equipment, aviation staff,
aircraft operators, ATS providers, aircraft and aircraft equipment maintenance,
repair and manufacturing enterprises, aviation service providers at airports
and aerodromes and cargo and mail handling facilities to ensure aviation
security;
c) Permits and professional certificates issued to aviation
security officers and aviation security control staff;
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4. Organize and supervise the issuance of aviation
security control badges and permits and aviation security inspector cards.
5. Request authorities and units change design and
contents of aviation security control badges and permits when the assessment
indicates risks to aviation security.
6. Take part in appraising and assessing the application
of aviation security standards and requirements to design, construction and
renovation of airports and aerodromes.
7. Organize inspection and verification of and direct the
response to aviation security violations and threats; supervise the
implementation of emergency measures including the suspension of flights,
vehicles, equipment and aviation staff to ensure aviation security.
8. Direct civil aviation units to take initial actions
against acts of unlawful interference with civil aviation and take emergency
measures in service of security, defense and national emergency; re-assess
aviation measures and procedures after the occurrence of acts of unlawful
interference and recommend remedial measures to prevent recurrence.
9. Direct civil aviation units to ensure aviation
security. To be specific:
a) Take measures to prevent and respond to acts of unlawful
interference with civil aviation and take emergency measures in service of
security, defense and national emergency;
b) Conduct contingency drills relevant to aviation security
and aviation security quality control;
c) Deploy specialized forces in charge of ensuring internal
civil aviation security in accordance with ICAO’s standards;
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10. Direct airports authorities in inspecting and
supervising the compliance with regulations on civil aviation security at airports
and aerodromes.
11. Conduct tests, issue, suspend and revoke permits and
ratings of aviation security control staff; issue and revoke airport/aerodrome
security control permits as prescribed in this Circular; appoint aviation
security inspectors, suspend, issue and revoke aviation security inspectors.
12. Audit, inspect, test, investigate and survey the
compliance with regulations on aviation security by organizations and
individuals involved in civil aviation; issue warnings and directives necessary
to prevent aviation security incidents; impose administrative penalties for
aviation security violations; inspect and supervise handling of, remedial
actions against and making of comments about aviation security violations.
13. Establish a system for reporting, collecting
information, analyzing and assessing potential threats to aviation security;
decide to apply measures and procedures for preventing aviation security
relevant to the potential threats.
14. Carry out assessment and decide not to permit a civil
flight in the following cases:
a) At a Vietnamese airport/aerodrome, the flight fails to
comply with regulations on aviation security assurance;
b) The flight operated by an airline fails to comply with
regulations on aviation security assurance;
c) The flight from a foreign airport or aerodrome fails to
comply with ICAO's aviation security standards.
15. Act as a contact point for the relationship and
international cooperation in aviation security between Vietnam and ICAO,
relevant international organizations and countries, and have the responsibility
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b) receive, provide and exchange information, documents and
experience related to aviation security with ICAO, foreign countries,
organizations and airlines;
c) Decide to take aviation assurance measures at the request
of foreign countries and airlines, as well as carrying out aviation security
surveys and investigations;
d) Notify ICAO of the difference between Vietnam’s laws on
aviation security and ICAO’s standards.
16. Approve exemption from aviation check of passengers,
baggage and cargo and take responsibility for the cases requested by the
competent authority affiliated to the Office of the Party Central Committee,
Office of the President, Office of the National Assembly, Office of the
Government, Commission for Foreign Relations of the Party Central Committee,
Ministry of Foreign Affairs, Ministry of Public Security and Ministry of
National Defense.
18. Cooperate with affiliates of the Ministry of Public
Security and Ministry of National Defense in:
a) providing training, directing and providing professional
guidelines to aviation security control forces;
b) receiving, exchanging and processing information about
political security and social order and safety, conspiracies, methods and
tricks of criminal organizations, terrorist organizations and criminals, and
acts of unlawful interference; assessing risks and threats to civil aviation;
c) ensuring security of commercial flights with the presence
of VVIPs in accordance with regulations on VVIP flights;
d) complying with regulations on national security, defense,
people’s police, prevention and combating of terrorism and other regulations on
aviation security assurance;
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e) cooperating with competent security agencies of the
Ministry of Public Security in controlling background information of aviation
staff to promptly discover violations that may threaten aviation security and
safety.
19. Cooperate with affiliates of the Ministry of Foreign
Affairs in:
a) addressing relevant issues in case the aircraft bearing
Vietnamese nationality is subjected to an act of unlawful interference in a
foreign country or the aircraft bearing foreign nationality is subjected to an
act of unlawful interference Vietnam;
b) exchanging and processing information involving foreign
elements, which relates to unlawful interference with civil aviation.
20. Cooperate with aviation emergency steering committees
of provinces, cities and island districts in conducting drills aimed at
responding to acts of unlawful interference at the sectoral and national level.
21. Cooperate with the General Department of Customs in
ensuring aviation security and preventing and combating smuggling and illegal
transport on international flights; direct the deployment of screening
equipment shared between the aviation security control force and the customs
authority.
22. Cooperate with competent authorities in implementing
regulations on important works relating to national security.
1. Inspect and supervise the compliance with regulations
on aviation security assurance, ASPs and ASRs; implementation of measures to
ensure aviation security and provide aviation security assurance services at
airports and aerodromes and taking of actions against violations of aviation
security and public order at airports and aerodromes. Take part in responding to acts of unlawful
interference at airports and aerodromes as prescribed. Take part in appraising ASPs and ASRs at the request
of the CAAV.
2. Decide to suspend flights, request the aircraft to land
in case the flight violates aviation regulations or any aviation safety or
security threat is suspected; allow the suspended aircraft to resume its
flight; temporarily seize the aircraft in case corrective actions against
aviation security violations fail to be taken; according to the nature and
seriousness of the violation, suspend tasks, revoke or recommend the issuing
authority/unit to revoke aviation security control permits and aviation staff
permits of aviation staff violates regulations on aviation security assurance.
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4. Organize the issuance and management of
airport/aerodrome security control badges and permits under their management.
5. Preside over and cooperate with regulatory authorities
operating at airports and aerodromes in addressing issues that arise and
maintaining security, order and normal operation of airports and aerodromes.
Preside over assessing issues concerning
assurance of airport/aerodrome security at periodic or unscheduled meetings
between regulatory authorities and organizations operating at airports/aerodromes.
Directors of airports authorities shall consider
and take responsibility for aviation security assurance issues of which the
handling is disapproved by relevant regulatory authorities at
airports/aerodromes disagree, and immediately notify the CAAV.
6. Cooperate with relevant authorities and units in
exchanging and collecting information about security, order, crime and other
violations related to airports and aerodromes.
Article 115. Responsibilities of airport and aerodrome
operators
1. Organize the aviation security assurance system as
prescribed in this Circular. Ensure
aviation security regarding activities under their management.
2. Design an ASP and organize the implementation thereof
after obtaining approval. Provide the
approved ASP to relevant airports authorities, and conformity part of the
program to relevant airlines, authorities and enterprises operating at airports
and aerodromes upon request. Undergo
security inspections, tests, assessments and investigations by the CAAV and
airports authorities as prescribed.
3. Build infrastructure and provide equipment necessary
to ensure aviation security, protect airports and aerodromes and maintain
public order at airports and aerodromes within their jurisdiction.
4. Preside over and cooperate with aviation security
control departments at airports in deciding on the number, location and
operating hours of checkpoints, control booths, patrol locations and targets
under security protection at airports and aerodromes.
5. Cooperate with competent authorities in collecting
information relating to aviation security assurance. Preside over assessing risks at airports and
aerodromes. Recommend the CAAV and
aviation emergency steering committees of provinces, cities and island districts
to take strengthened aviation security control measures.
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7. Ensure aviation security requirements and standards
are applied to design, construct and renovate works within airports and
aerodromes.
8. Organize a system for inspecting and supervising the
execution of ASPs and aviation security assurance service contracts; inspecting
and controlling internal security upon following aviation security standards
and procedures to promptly correct deficiencies in aviation security assurance.
9. Preside over and cooperate with aviation security
control departments at airports in signing regulations on cooperation in
ensuring aviation security, order and social safety with local authorities,
police and army units at airports and aerodromes and relevant authorities and
units.
10. Provide professional training in aviation security to
officials and staff concerned as prescribed by law.
11. Issue and manage aviation security control badges and
permits as prescribed.
12. Make regulations on internal security control and
control internal security when following procedures for recruitment, training,
management, supervision, taking of actions against violations, evaluation,
appointment and reassignment; apply for permits and professional ratings, and
carry out periodic assessments of officials and staff under their management.
13. Make regulations on protection of aviation information
and aviation information technology system used in civil aviation to combat
unlawful access and interference that result in threat to civil aviation safety
and theft of confidential information.
14. Disseminate and educate their officials and staff
about regulations on aviation security; disseminate regulations on aviation
security, except restricted documents about aviation security through mass
media at airports, aerodromes and areas in the vicinity of airports and
aerodromes.
15. Follow the CAAV’s professional guidelines for aviation
security assurance.
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17. Cooperate with holders of licenses for provision of
aviation security assurance services in providing aviation security assurance
services as prescribed by law.
1. Take measures to control aviation security, take
initial actions against aviation security violations and respond to acts of
unlawful interference with civil aviation at airports and aerodromes.
2. Provide aviation security assurance services as
prescribed by law.
3. Set up professional aviation security control forces
in accordance with regulations of law.
4. Design and submit ASR to the CAAV and organize the
implementation thereof after obtaining approval.
5. Cooperate with airports authorities and
airport/aerodrome operators in signing regulations on cooperation in ensuring
aviation security, order and social safety with local authorities, police and
army units at airports and aerodromes and relevant authorities and units.
6. Carry out assessment and give recommendations to
airport/aerodrome operators with regard to investment in, construction and
renovation of works serving aviation security assurance to ensure effectiveness
and uniformity.
7. Control internal security and protect aviation
information systems.
8. Mobilize aviation security control forces to take measures
to control security and maintain order at airports and aerodromes. Check, screen and supervise people, baggage, cargo,
mail, vehicles, fuel, meals and other articles before their entry into
restricted areas and aircrafts; control and supervise people, vehicles and
items entering, leaving and operating within restricted areas. Organize supervision and protection of aircrafts
parked at airports; conduct aviation security searches.
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10. Take strengthened aviation security control measures
at each level as prescribed. Take
measures to respond to acts of unlawful interference according to the approved
plan.
11. Take aviation security control measures on VVIP
flights and general aviation flights as prescribed by law.
12. Organize the provision of professional training in
aviation to aviation security control staff and persons concerned within their
jurisdiction.
13. Organize the dissemination and provision of education
about regulations on aviation security to their officials and staff;
disseminate regulations on aviation security to passengers.
14. Consolidate, report, manage and archive documents
concerning aviation security; draw on experience and making comments about
aviation security-related cases occurring locally as prescribed; update and
archive all domestic and foreign documents and regulations on aviation
security.
15. Control internal aviation security quality as
prescribed by law.
16. Where necessary, protect the scene in case violations
of civil aviation security and safety and public order, and acts of unlawful
interference with civil aviation are committed at airports and aerodromes as
prescribed by law.
17. Take part in appraising aviation security standards
and requirements for planning, designing, constructing, renovating and
upgrading infrastructure and equipment serving aviation security assurance by
airports and aerodromes.
18. Effectively operate security infrastructure, equipment
and machines provided by airport operators. Closely and promptly cooperate with airport operators in maintenance and
repair.
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a) airport/aerodrome operators in tailoring ASP and
contingency plans (airport contingency plan and contingency plan aimed at
responding to acts of unlawful interference) for airports; perform tasks within
their jurisdiction when the ASP and contingency plans are approved;
b) relevant authorities in managing, storing, operating and
using works, machines and equipment serving aviation security assurance;
c) authorities in charge of security and defense protection
in taking measures to combat local crime; implement regulations on security and
defense;
d) police authorities, local authorities and army units in
patrolling areas in the vicinity of airports and aerodromes in order to
discover and take prompt actions against violations as prescribed;
dd) airports authorities, local police authorities,
airport/aerodrome operators and relevant authorities and units in assessing
risks to aviation security as prescribed; discover, prevent and take actions
against aviation security violations and respond to acts of unlawful
interference;
e)
directors of airports authorities, aviation inspecting authority and competent
authorities in suspending flights to prevent threats to flight security and
safety;
g)
relevant authorities in taking measures to protect important works relating to
national security as prescribed by law;
h)
police authorities in escorting criminals.
20. Promptly notify airport/aerodrome operators of cases
disrupting operation, disturbing public order and damaging property, works and
vehicles at airports or acts of unlawful interference with civil aviation.
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22. Conduct internal drills aimed at responding to acts of
unlawful interference at airports and aerodromes as prescribed by law.
1. Make ASR, including a contingency plan aimed at
responding to acts of unlawful interference and organize the implementation
thereof after obtaining approval; provide the approved ASR to airports
authorities and airport/aerodrome operators. Undergo security inspections, tests, assessments, surveys and
investigations by competent authorities in accordance with regulations of law
soft and this Circular.
2. Organize the assurance of aviation security as prescribed
in this Circular; ATS providers shall form aviation security control forces in
charge of aviation security assurance within their restricted areas; aircraft
maintenance and repair enterprises shall form their own aviation security
control forces in charge of aviation security assurance.
3. Exercise their rights and responsibility for
cooperating in taking initial actions against acts of unlawful interference
with civil aviation at aviation service providers outside airports as
prescribed by law.
4. Cooperate with airports authorities, aviation security
control forces, police authorities, army authorities and relevant local
authorities in taking actions against aviation security violations within
restricted areas of the providers.
5. Collect information, assess and determine level of
threats to aviation security to counsel the CAAV and aviation emergency
steering committees of provinces, cities and island districts to take
strengthened aviation security control measures.
6. Undergo security inspections, tests, assessments,
surveys and investigations by the CAAV and airports authorities in accordance
with regulations of law and this Circular. Provide
information and documents relating to aviation security assurance to competent
authorities upon request.
7. Within their jurisdiction, take responsibility for:
a) identifying restricted areas of the providers outside
airports and aerodromes. Issuing and managing internal security control badges
and permits as prescribed;
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c) protecting civil aviation information and civil aviation
information technology system under their management to combat unlawful access
and interference that result in threat to civil aviation safety and theft of
confidential information;
d) controlling internal security quality as prescribed by
law;
dd) providing professional training in aviation security to officials
and staff concerned as prescribed by law;
e) disseminating and educating their officials and staff
about regulations on aviation security; disseminating regulations on aviation
security, except restricted documents about aviation security through mass
media.
8. Organize the signature of documents about cooperation
in ensuring aviation security, order and social safety with local authorities,
local police authorities and relevant army units in areas where service
providers are available.
9. Conduct internal drills aimed at responding to acts of
unlawful interference and take part in drills among aviation-related
authorities and nationwide.
10.
Follow the CAAV’s professional guidelines for aviation security assurance.
11. Regarding ATS providers having important works
relating to national security, take protection measures as prescribed by law.
12. Cooperate with holders of licenses for provision of
aviation security assurance services in ensuring aviation security as
prescribed by law.
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2. Provide professional training in aviation security to
their officials and staff as prescribed by law.
3. Cooperate with airports authorities, airport/aerodrome
operators and relevant authorities and units in taking actions against aviation
security violations and other violations pertaining to the aircraft in
operation or non-operational aircraft. Provide
information and documents relating to aviation security assurance at the
request of the CAAV and airports authorities in charge of airports pertaining
to activities of airlines and aircraft operators.
4. Carry out pre-flight security checks, cooperate in
searching aircraft when informed of any threats. Ensure security and maintain order and discipline on the aircraft in
flight.
5. Vietnamese airlines and aircraft operators shall:
a) mobilize aviation security control forces to take measures
to control aviation security, maintain security, order and discipline on
aircrafts and security upon operation of aircrafts outside airports and
aerodromes;
b) organize an independent aviation security system with the
head who takes responsibility for all approved activities pertaining to
aviation security assurance by airlines;
c) carry out surveys and assessments of aviation security
assurance with regard to airlines' operation at domestic and foreign airports
and aerodromes; provide funding to the CAAV for its participation in surveys
and assessments at foreign airports;
d) cooperate in implementing contingency plans against acts of
unlawful interference with civil aviation within their jurisdiction. Conduct
internal drills aimed at responding to acts of unlawful interference and take
part in drills among aviation-related authorities and nationwide;
dd) set boundaries of restricted areas under their management
outside airports and aerodromes. Issue and manage internal security control
badges and permits and crew identification badges as prescribed;
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g) implement regulations on internal security control applied
to aviation staff;
h) protect aviation information and aviation information
technology systems of airlines to combat unlawful access and interference that
result in threat to civil aviation safety and theft of confidential
information, including passengers' personal information;
i) disseminate and educate their officials and staff about
regulations on aviation security; disseminate regulations on aviation security to
passengers in appropriate manners.
k) follow the CAAV’s professional guidelines regarding
aviation security.
6. Foreign airlines shall comply with all regulations of
Vietnamese law on aviation security during their operation in Vietnam;
designate and notify persons who are directly and totally for ensuring aviation
security during their operation in Vietnam to the CAAV.
7. When completing procedures for receiving application
forms for transport of cargo and mail, airlines shall notify passengers of
their policy on transport of special articles specified in Article 52 of this
Circular or transport of dangerous articles, diplomatic pouches and consular
pouches (if any).
8.
Cooperate with holders of licenses for provision of aviation security assurance
services in ensuring aviation security as prescribed by law.
1. Comply with all regulations of this Circular and ASPs
of airport/aerodrome operators when involved in activities at airports and
aerodromes. Undergo aviation security
inspections, tests, assessments, surveys and investigations by the CAAV and
airports authorities concerned and aviation security control forces.
2. Regarding non-aviation service providers at airports
and aerodromes:
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b) Cooperate with airports authorities, aviation security
control forces and relevant authorities and units in taking actions against
aviation security and order violations committed in areas under their
management;
c) Ensure officials and staff concerned are provided with
professional training in aviation security as prescribed by law;
d) Disseminate and educate their officials and staff about
regulations on aviation security;
dd) Sellers of products that contain liquids, aerosols and
gels and airlines shall provide security tamper-evident bags when selling such
products to passengers at duty-free shops within international sterile areas
and on international flights. The bill shall contain: date of sale
(year/month/day); international code of the selling place (country, airport,
airline); flight number; name of the passenger (if any); number and list of
items in the bag.
3. Passengers and cargo shippers shall comply with
regulations on aviation security assurance system as prescribed in this
Circular. Passengers shall strictly follow instructions of aviation security
control forces and orders of crewmembers. In the case of non-compliance, they
shall be handled in accordance with regulations of law on a case by case
basis. Passengers are required to know contents of and take legal responsibility
for their carry-on or checked baggage; cargo and mail shippers are required to
know contents of and take legal responsibility for cargo and mail to be on
board the aircraft.
4. Aviation security staff shall comply with regulations
on aviation security assurance in accordance with regulations of this Circular
and regulations on aviation security; shall not drink wine and beer while
performing tasks; if any violation is committed, he/she shall be suspended from
performing tasks and have his/her aviation security control badge/aviation
staff permit revoked on a case by case basis.
1. The CAAV shall, according to the annually assigned
tasks, make an estimate of funding provided by state budget and other legal
funding sources, and submit it to the Ministry of Transport for approval.
2. Enterprises shall themselves provide funding for
activities pertaining to aviation security assurance within their jurisdiction
specified in this Circular and other regulations of law.
1. This Circular comes into force from June 01, 2019.
Point d Clause 1 Article 96 of this Circular is effective from January 01,
2021.
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3. Chief of the Ministry Office, Chief Inspector of
Ministry, Directors General, Director General of the Civil Aviation Authority
of Vietnam and relevant organizations and individuals are responsible for the
implementation of this Circular./.
CERTIFIED BY
THE MINISTER
Nguyen Van The
[1]
This Point is amended by Clause 1 Article 5 of the
Circular No. 28/2020/TT-BGTVT on amendments to Circulars on periodic reporting
regulations in the field of aviation, which has been effective since December
15, 2020.
[2]
This Point is amended by Clause 2 Article 5 of the
Circular No. 28/2020/TT-BGTVT on amendments to Circulars on periodic reporting
regulations in the field of aviation, which has been effective since December
15, 2020.
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[4]
Articles 6 and 7 of the Circular No. 28/2020/TT-BGTVT
on amendments to Circulars on periodic sector reporting regulations in the
field of aviation, which has been effective since December 15, 2020, stipulate
that:
“Article
6. Implementation clause
This
Circulars comes into force from December 15, 2020.
Article
7. Implementation
Chief of the Ministry Office, Chief Inspector of Ministry,
Directors General, Director General of the Civil Aviation Authority of Vietnam
and relevant organizations and individuals are responsible for the
implementation of this Circular.”
