Thông tư 01/2016/TT-BGTVT

Circular No. 01/2016/TT-BGTVT dated 01 February 2016, detailing the aviation security program and quality control of Vietnam aviation security

Nội dung toàn văn Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 01/2016/TT-BGTVT	Hanoi, 01 February 2016

CIRCULAR

DETAILING THE AVIATION SECURITY PROGRAM AND QUALITY CONTROL OF VIETNAM AVIATION SECURITY

Pursuant to the Law on Vietnam Civil Aviation No. 66/2006/QH11 dated 29/6/2006; the Law No. 61/2014/QH13 dated 21/11/2014 amending and adding some Articles of the Law on Vietnam Civil Aviation;

Pursuant the Decree No. 107/2012/ND-CP dated 20/12/2012 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant the Decree No. 27/2011/ND-CP dated 09/04/2011 of the Government on provision, operation, processing and use of information on passengers before they enter Vietnam by air;

Pursuant the Decree 66/2015/ND-CP dated 12/8/2015 of the Government regulating the aviation authority;

Pursuant the Decree 92/2015/ND-CP dated 13/10/2015 of the Government on aviation security;

At the request of the Director General of Department of Transport and the Director of Civil Aviation Authority of Vietnam,

The Minister of Transport issues this Circular detailing the aviation security program and quality control of Vietnam aviation security.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the civil aviation security, including: measures to control the preventive security, handle the cases of aviation security and cope with the illegal acts of interference; organizational system of aviation security assurance of the civil aviation sector; works, equipment, facilities, weapons and support tools to ensure the aviation security; control the quality of aviation security; responsibility of organizations and individuals in aviation security assurance.

Article 2. Subjects of application

This Circular applies to:

1. The Vietnamese and foreign organizations and individuals that are operating the civil aviation in Vietnam and civil aviation activities in the flight information region (FIR) under the management of Vietnam.

2. The Vietnamese organizations and individuals that are operating the civil aviation in foreign countries if their laws do not provide otherwise.

3. The Vietnamese organizations and individuals that are using the official-duty aircraft for civil purposes.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Postal items consist of letters, packages, parcels that are received, transported and delivered legally via the postal network.

2. Support tools consist of:

a) Guns used to fire the plastic bullets, rubber bullets, tear gas, suffocating gas, toxic substance, anesthetic substance, magnetic field, laser, flare and types of bullet used for these types of gun;

b) Means used to spray the tear gas, suffocating gas, toxic substance, anesthetic or itching substance;

c) Smoke grenades, tear gas grenades and exploding balls;

d) Electric clubs, rubber clubs, metal clubs, 'figure-8’ handcuffs, spike boards, barbed wires, armors, electric gloves, knife- snatching gloves, shields and anti-bullet helmets;

dd) Army or police animals.

3. Aviation security checkpoint is the aviation security check locations set up at the gates, doors, aisles between public areas and restricted areas.

4. Objects served on aircraft are the items which are used by the passengers and flight crew or sold on aircraft except airline meals; the items used for aircraft operation, maintenance and repair.

5. Derelict objects or luggage is the objects left at the airport or aerodrome without the grounds for identifying their owners.

6. Aviation security supervision is the separate or combined use of people, animals and technical equipment to manage and monitor in order to detect and stop the acts of violation or signs of violation of aviation security.

7. Permit of aviation security controller is the certification of the Civil Aviation Authority of Vietnam for the aviation security controller to be able to carry out the assigned duties.

8. Cargo is the properties transported by aircraft except postal items, luggage or objects served on aircraft and airline meals.

9. Cargo and postal items in transit are the ones transported on two different flights ore more continuously or in the form of two or more different types of transportation of which there is a type of transportation by air.

10. Luggage is the passengers or flight crew’s properties transported by aircraft.

11. Hand luggage is the one which is carried along by the passengers or flight crew members on aircraft and is preserved by the passengers or flight crew during the transportation.

12. Consigned luggage is the passengers or flight crew members’ luggage transported in the cargo compartment of aircraft and are kept by the transporter during the transportation.

13. Derelict luggage is the luggage not taken or received by the passengers or flight crew upon arrival at an airport or aerodrome.

14. Mislaid luggage is the passengers or flight crew’s luggage which is separated from them during the transportation.

15. Passengers, luggage, cargo, postal items in transit or temporary stop at a domestic airport are the ones which are re-sent on the same flight at an airport where the passengers, luggage, cargo, postal items have arrived earlier.

16. Interline transfer passengers and luggage means the passengers and luggage directly participating in two or more different flights in an itinerary.

17. Control of quality of aviation security consists of inspection, check, survey, testing, assessment and investigation of aviation security:

a) Inspection of aviation security is the specialized aviation inspection which is carried out in accordance with regulations of law on specialized inspection;

b) Quality Aviation security check is the check of compliance with some or all provisions in the security Program and Aviation security Regulation of the operator of airport or aerodrome, airline and aviation service provider;

c) Testing of aviation security is the testing of effectiveness of a specific measure of security assurance by publicly or secretly conducting an assumed act of violation of aviation security;

d) Survey of aviation security is the collection of information and data to quantify the security needs and determine the important points which must focus on protection;

dd) Survey of aviation security is the clarification of illegal acts of interference, acts of violation or signs of violation of aviation security;

e) Assessment of aviation security is the appraisal of compliance with some or all standards and regulations on aviation security conducted by the International Civil Aviation Organization, the foreign aviation authority or the airline.

18. Isolated area is the area determined from the aviation security checkpoint for the passengers to the door of aircraft.

19. Luggage storage area is a place to keep the consigned luggage to wait for the transportation on the aircraft or keep the mislaid luggage or luggage without recipient.

20. Aircraft maintenance and repair area is the area in service of maintenance and repair of aircraft, including the aircraft apron, works, workshops and parking area and internal traffic road system.

21. Internal security control is the preventive security measures to eliminate the causes and conditions which the terrorists and criminals can take advantage, establish contact or involve the aviation officers to join hands or directly carry out the acts of terrorism, crime and other acts of violation.

22. Check of aircraft aviation security is the check of inside and outside of aircraft by the list in order to detect the suspicious objects and dangerous items.

23. Visual check means the aviation security controllers use their hands, eyes and other senses to check people, vehicles and objects to recognize and detect the suspicious objects and dangerous items.

24. Résumé check means the examination and verification of identity of aviation security a person to assess the appropriateness with the role of aviation officers; issue of card of airport or aerodrome security control with long-term use value.

25. Air security officer is the person whom the government of the country operating the aircraft or the government of the country registering the aircraft authorizes or arranges duties on aircraft to protect the aircraft and passengers against the illegal acts of interference.

26. Security seal is the confirmation of cargo, objects or vehicles which have passed the Aviation security check or the integrity of sealed objects or vehicles.

27. Aircraft apron is the area determined in the airfield reserved for parking of aircraft to embark and disembark passengers, luggage, postal items, cargo, refueling or maintenance.

28. Airline meal means the food and drink and tools used for meals on aircraft.

29. Case of violation of aviation security is the acts of violation of aviation security but not to the extent considered as the illegal acts of interference.

30. Flying aircraft means the aircraft as stipulated in Paragraph 2, Article 47 of the Law on Vietnam Civil Aviation.

31. Aircraft under operation means the aircraft bearing the Vietnamese or foreign nationality are parking at the apron, parking area to prepare flights with continuous aviation security supervision by the appropriate security measures to detect the unauthorized intrusion or access to aircraft.

32. Aircraft not under operation means the aircraft bearing the Vietnamese or foreign nationality are parking at the apron, parking area over 12 hours or without the continuous aviation security supervision.

33. X-ray is a form of electromagnetic wave, with a wavelength in the range of 0.01 – 10 nm corresponding to the frequency range from 30 PHz to 30 EHz and energy from 120 eV to 120 keV.

34. Security plastic bag is a specialized plastic bag for containing liquid or thick substance or spraying solution bought at the stores in the international isolated areas, on international flights. The bag is transparent with the specifications indicated in the Appendix XXV issued with this Circular, and document put inside at the place easily read without opening the bags with the contents:

a) Date of sale (date/month/year);

b) International code of the selling place (nation, airport, airline);

c) Flight number; name of passenger (if any);

d) Amount and list of cargo in the bag.

35. Isolated parking location is the area in the airport reserved for aircraft to park in case of illegal interference for isolation from other aircrafts and the works of airport or aerodrome including the underground works and equipment to deploy the emergency schemes.

36. Weapons consist of military weapons, shotguns, rudimentary weapons, sports weapons and other weapons of the same features and effects.

a) Military weapons including small class firearms (pistols, rifles, submachine guns, light machine gun and other guns of the same features and effects); light weapons (heavy machine guns, mortars under 100 mm, DKZ guns, man-portable anti-aircraft machine guns under 23 mm, grenade launchers, man-portable anti-tank missiles and man-portable anti-aircraft missiles) and other types of light weapons of the same features and effects; bombs, mines, grenades, ammunition, torpedoes, naval mines and fire tools; weapons not named in the list issued by the Government but having the same features and effects as military weapons.

b) Sports weapons are the guns and the rudimentary weapons used for exercise and sports competition;

c) Shotgun is used for hunting including flint-lock, air-compressed gun and other types of gun of the same features and effects;

d) Rudimentary weapons consist of daggers, swords, spears, bayonets, trident, knife, scimitar, punch, mace, bows, crossbows and clubs.

37. ICAO is the abbreviation of the International Civil Aviation Organization.

Article 4. Security Program and Aviation security Regulation

1. The aviation security program of the airport or aerodrome operator shall be assumed by the enterprise issued with the certificate of airport operation in coordination with the aviation Authority and the relevant bodies and units at the airport to develop and submit it to the Civil Aviation Authority of Vietnam for approval.

2. The aviation security Program of the airline and the Aviation security Regulation of the facilities providing the air traffic services, the facilities manufacturing, maintaining, repairing aircrafts and aircraft equipment; the facilities providing the aviation services at the airport or aerodrome and the facilities processing cargo and postal items to carry on the aircraft which are developed by the airline, aircraft operator or managing enterprise of facilities and submitted to the Civil Aviation Authority of Vietnam for approval.

3. The contents of security Program and the Aviation security Regulation of the airport or aerodrome operators; the aviation service providers and the Vietnamese airlines must be developed according to the outline specified in the Appendices I, II, III and IV issued with this Circular.

Article 5. Procedures for approving the aviation security Program of the airport or aerodrome operators

1. The airport or aerodrome operators shall send 03 dossiers in Vietnamese language directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:

a) The written request prepared under the form specified in Appendix V issued with this Circular;

b) The aviation security Program of airport or aerodrome.

2. In case of receiving the complete dossier as specified in Paragraph 1 of this Article, within 10 working days from the date of dossier receipt, the Civil Aviation Authority of Vietnam shall verify it, carry out the actual inspection and issue the approval decision if the aviation security Program of airport or aerodrome meets all the provisions of this Circular or require in writing the airport operator to add or amend aviation security Program of airport if it fails to comply with the provisions in this Circular.

3. Where the dossier is not complete as stipulated in Paragraph 1 of this Article, within 03 working days, the Civil Aviation Authority of Vietnam shall require in writing the airport or aerodrome operator to add or amend it.

Article 6. Procedures for approving the aviation security Program of Vietnamese airlines

1. The airlines shall send 03 dossiers in Vietnamese language directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:

a) The written request prepared under the form specified in Appendix V issued with this Circular;

b) The aviation security Program of the airlines.

2. The time and procedures for appraisal and approval for the Aviation security Program of the Vietnamese airlines are like the provisions specified in Paragraph 2 and 3, Article 5 of this Circular.

Article 7. Procedures for approving the aviation security Program of the foreign airlines

1. The airlines shall send 03 dossiers in English language directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:

a) The written request prepared under the form specified in Appendix V issued with this Circular;

b) The aviation security Program of the airlines.

c) The assessment of difference of contents of the aviation security Program of the airline from the regulations of law of Vietnam and measures to overcome these differences.

2. The time and procedures for appraisal and approval for the Aviation security Program of the airlines are like the provisions specified in Paragraph 2 and 3, Article 5 of this Circular.

Article 8. Procedures for approving the Aviation security Regulation of the aviation service provider

1. The air traffic service provider; enterprises manufacturing, maintaining and repairing aircrafts and aircraft equipment; aviation service providers at the airport or aerodrome; enterprise processing the cargo and postal items to carry on the aircrafts shall send 03 dossiers in Vietnamese directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:

a) The written request prepared under the form specified in Appendix V issued with this Circular;

b) The Aviation security Regulation of the enterprises.

2. The time and procedures for appraisal and approval for the Aviation security Regulation of the enterprises are like the provisions specified in Paragraph 2 and 3, Article 5 of this Circular.

Article 9. Amendment or addition of aviation security Program and Regulation

1. The aviation security Program and the Aviation security Regulation shall be amended or added when they no longer consist with the current regulations or fail to meet the requirements during implementation as required by the enterprise or by written proposal from the Civil Aviation Authority of Vietnam.

2. The procedures for approving the amendment or addition of the aviation security Program and the Aviation security Regulation shall comply with the provisions in Articles 5, 6, 7 and 8 of this Circular.

Article 10. Control of aviation security documents

1. The determination of confidentiality of aviation security documents shall comply with the laws on protection of state secrets.

2. The aviation security documents are the restricted documents, including:

a) The aviation security Programs and the Aviation security Regulations which have been approved by the Civil Aviation Authority of Vietnam;

b) The recommendations, notices, conclusions of inspection, check, testing, investigation, survey, assessment of risks of aviation security and dossiers on violation of aviation security;

c) The regulations on coordination and coordination documents on aviation security between the bodies and units of aviation sector with the relevant bodies and units;

d) The aviation security documents of ICAO or provided by foreign countries are determined as restricted documents by the ICAO and foreign countries;

dd) Other aviation security documents which the Director of Civil Aviation Authority of Vietnam determines as the restricted documents.

3. The bodies and units are responsible for directing the management and use of restricted aviation security documents for the right purposes.

4. The restricted aviation security documents are only provided for the place of receipt specified in the documents. The provision of documents to the focal points other than the list of places of document receipt must be approved in writing by the Head of unit issuing the documents with signature upon receipt. For the aviation security documents specified under Point a, Paragraph 2 of this Article, there must be the words “restricted documents” on all pages of documents.

Chapter II

MEASURES OF PREVENTIVE SECURITY CONTROL

Section 1. SYSTEM OF CARD OR PERMIT FOR AVIATION SECURITY CONTROL FOR ENTRY AND OPERATION IN RESTRICTED AREAS

Article 11. System of card or permit for aviation security control

1. The system of card or permit for aviation security control consists of:

a) The card or permit of airport or aerodrome security control with long-term and short-term use allowed for entry and operation in restricted areas of airport;

b) The card or permit of internal aviation security control with long-term and short-term use value allowed for entry and operation in restricted areas of enterprises;

c) The crew identification card of the airlines with long-term use value allowed for entry and operation in restricted areas pertaining to the duties of the crew.

2. The card or permit for internal aviation security control must be kept confidential and prevent forging. The Civil Aviation Authority of Vietnam shall provide for and unify the confidentiality mode and measures for each type of card or permit of aviation security control.

Article 12. Authority to issue the card or permit of aviation security control.

1. The Civil Aviation Authority of Vietnam shall

a) Issue the card of airport or aerodrome security control with long-term use value at an airport to the state management bodies, the social-political organizations at central level and foreign bodies and organizations;

b) Issue the card of airport or aerodrome security control with long-term use value at many airports under the management of different aviation Authorities to all subjects specified in Paragraph 1, Article 16 of this Circular.

2. The aviation Authority shall

a) Issue the card or permit of security control at airport with long-term use value at one or many airports or aerodromes under the management of the aviation Authority to the state management bodies, the social and political organizations at local level and the enterprises, except the cases specified in Paragraph 3 of this Article;

b) Issue the card or permit with short-term use value at one airport or aerodrome under their management to all subjects specified in Paragraph 1, Article 16 of this Circular, except the cases specified in Paragraph 3 of this Article;

3. The airport or aerodrome operators are authorized by the Civil Aviation Authority of Vietnam to issue the card or permit with long term and short-term use value at an airport within their management to their staff and vehicles and the people and vehicles that are hired by the airport operators to perform the building, repair and maintenance of their facilities and works.

4. The Vietnamese and foreign airlines shall issue the crew identification card with long- term validity to the crew to perform their duties in the flights.

5. The managing enterprises of restricted areas shall issue the card or permit of internal security control with long term and short-term use value in the restricted areas used separately for these enterprises.

Article 13. Duration of validity and form of card or permit of internal security control

1. The Civil Aviation Authority of Vietnam issues the form of card or permit of airport or aerodrome security control.

2. The Vietnamese airlines issue the form of crew identification card; the managing enterprises of restricted areas issue the form of card or permit of internal security control. These forms must not be identical with the form of card or permit of airport or aerodrome security control and must be notified to the aviation Authority where the airlines are operating for monitoring.

3. The foreign airlines must notify the form of crew identification card to the aviation Authority where the airlines are operating for monitoring.

4. The card or permit of airport or aerodrome security control with long-term use value shall be issued to the state bodies, social and political organizations, foreign bodies and organizations, the airlines and enterprises providing the aviation or non-aviation services at the airlines with the duration of validity of no more than 02 years from the date of issue; the card or permit issued to the other organizations are of the duration of validity of no more than 01 year from the date of issue;

5. The card of airport or aerodrome security control with short-term use value has its duration of validity based on the needs of the requester of issue and the result of assessment and verification of dossier including the card used 01 time within 01 day (24 hour) from the time of issue and the card used many times within a maximum of 10 days from the time of issue.

6. The permit of airport or aerodrome security control with short-term use value shall have the duration of validity based on the requester of issue and result of assessment and verification of dossier but no more than 01 day (24 hours) from the time of effect of the issued permit.

7. The crew identification card of the Vietnamese airlines; the card or permit of internal security control with the long-term use value shall have the maximum duration of validity of no more than from the date of issue; the card or permit of internal security control with the short-term use value shall have the duration of validity specified in Paragraph 5 and 6 of this Article.

8. The subjects who are issued with the card or permit of airport or aerodrome security control shall pay the fees of issue of card or permit according to regulations of law.

Article 14. Content of card of aviation security control

1. The card of airport or aerodrome security control with long-term use value must have the following basic information:

a) Card number; symbol of airport or aerodrome allowed for entry and operation;

b) Duration of validity of card;

c) Full name of the card holder;

d) Title of the card holder;

dd) Name of body or unit of the card holder;

e) Photo of the card holder;

g) Restricted areas allowed for entry and operation;

h) Regulation on card use.

2. The card of internal security control with long-term use value must have the following basic information:

a) Card number and symbol of enterprise;

b) The information specified under Points b, c, d, dd, e, g and h, Paragraph 1 of this Article.

3. The card of airport or aerodrome security control with short-term use value must have the basic information specified under Points a, b, c, g and h, Paragraph 1 of this Article and ID card or passport number or the number of card of security control at airport with long-term use value or the number of card of internal security control of the card holder.

The card of internal security control with short-term use value must have the basic information specified under Points a, b, g and h, Paragraph 1 of this Article.

4. Each restricted area specified on the card of airport or aerodrome security control and the card of internal security control is determined respectively by letters, numbers, colors, or is encrypted.

5. The crew identification card has the following basic information:

a) Card number;

b) Duration of validity of card;

c) Full name of the card holder;

d) Title of the card holder;

dd) Name and symbol of the airline;

e) Photo of the card holder;

Article 15. Content of permit of aviation security control

1. The permit of airport or aerodrome security control with long and short-term use value; the permit of internal security control with long-term use value must have the following basic information:

a) Permit number;

b) Duration of validity of the permit;

c) Type of vehicle;

d) Vehicle number plate;

dd) Restricted areas allowed for entry and operation;

e) Exit gate; entrance gate;

g) Name of the managing unit of the vehicle;

2. The permit of internal security control with short-term use value must have the basic information specified under Points a, b and dd, Paragraph 1 of this Article.

3. Each restricted area specified on the card of airport or aerodrome security control and the card of internal security control is determined respectively by letters, numbers or colors.

Article 16. Subjects, conditions, range of issue of card or permit of airport or aerodrome security control

1. The subjects who are considered for the issue of card with long-term use value are:

a) The staff with indefinite term labor contract of the airlines, enterprises providing the aviation or non-aviation services at the airports;

b) The staff of enterprises operating the tourism business; enterprises delivering cargo and postal items by air and enterprises carrying out the survey, construction, repair, maintenance of works at airports.

c) The staff of state bodies, the social and political organizations at central and local level;

d) The staff of foreign diplomatic missions in Vietnam;

dd) The vehicle operators specified under Point b, Paragraph 6 of this Article.

2. The Civil Aviation Authority of Vietnam stipulates the number of card issued to the staff of diplomatic missions and enterprises operating in tourism business in accordance with the requirements for aviation security control in the restricted areas of airport.

3. The conditions for the subjects specified in Paragraph 1 of this Article to be issued with the cards with long-term use value are:

a) Do not have criminal records in accordance with law;

b) Are assigned by the bodies or organizations to regularly work in the restricted areas of the airport, except the vehicle operator specified under Point c, Paragraph 6 of this Article;

c) Only the people of the bodies or units responsible for serving on the special aircrafts and assigned special duties to regularly serve the flights and delegations of special aircrafts are issued with card to enter the areas of special aircrafts.

4. The subjects who are considered for the issue of card with long-term use value are:

a) The subjects specified in Paragraph 1 of this Article are not eligible for being issued with the card with long-term use value;

b) The persons who have irregular business in the restricted areas of airport.

5. The subjects specified in Paragraph 4 of this Article shall be issued with the cards with short-term use value and are monitored by the aviation security controller or by the staff of the managing body of the restricted areas; for the isolated area and airport, there must be the aviation security controller who shall escort for guidance and monitoring.

6. The vehicles issued with the permit with long-term use value are:

a) The vehicles regularly operate in the restricted areas of airport to serve the special aircraft flights and the areas of airport runway;

b) The vehicles regularly operate in the restricted areas of airport but are issued with the security control number plate;

c) The vehicles are under the management of the Party and State bodies and are specially used for the members of the Politburo and the Party Central Committee, the Ministers and the equivalent or higher positions, Secretary and Deputy Secretary of provincial Party Committee, Secretary of Party Committee of centrally-run city; Chairman of People’s Council, Chairman of People’s Committee of province and centrally-run city; Deputy Minister of Transport, Deputy Minister of Public Security, Deputy Minister of 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.

7. For the vehicles regularly operating in the restricted areas of airport, the security control number plate shall be issued by the aviation Authority concurrently the permit of aviation security control, except the cases specified under Point a, Paragraph 6 of this Article.

8. Additional conditions for the vehicles specified under Point a, Paragraph 6 of this Article to be issued with the permit with long-term use value:

a) Are permitted to circulate in accordance with regulations of law;

b) Meet the requirements of the vehicles operating in the restricted areas in airport in accordance with the regulations of the Ministry of Transport on management and operation of airport.

9. The vehicles are considered for issue of permit with short-term use value are:

a) The vehicles used to transport the international guests from the ministerial rank or higher;

b) The vehicles specified under Point b, Paragraph 6 of this Article having duties to serve the special aircraft flights;

c) The vehicles with irregular duties to serve the special subjects, perform duties of national defense and security and the activities of airport in the restricted areas.

10. For the vehicles specified in Paragraph 9 of this Article, after being issued with the permit to operate in the restricted areas, they must be guided by the vehicles of airport operator or the aviation security controller or the staff having the permit of ground vehicle operation.

11. The range of issue of card or permit is as follows:

a) The persons who work at each airport shall only be issued with the card with long-term use value to the airport where they are working;

b) The persons work at various airports shall be issued with the card with long-term use value to the airports;

c) The subjects specified under Point d, Paragraph 1 of this Article are only issued with the card with long-term use value to the international airports;

d) The card with short-term use value and the permit with long and short-term use value have the use value only at one airport.

12. In case of applying the strengthened security measures or emergency measures for the airport, the airport operator shall make a decision on limiting the number of people and vehicles that have been issued with card or permit of security control for entry into the restricted areas and shall have to send this decision to the Civil Aviation Authority of Vietnam and the relevant aviation Authority.

Article 17. Check of criminal record of the subjects issued with the card of aviation security control with long and short-term use value

1. The head of body or unit of the person requesting the issue of card of security control with long and short-term use value must check the criminal record of that person at the judicial bodies before carrying out the procedures for card issue.

2. The check of criminal record of the card holder must be done upon the first card issue or re-issue due to the expiration.

Article 18. Card or permit of aviation security control with loss of use value and re-issue of card or permit of aviation security control

1. The card or permit of aviation security control shall lose their use value in the following cases:

a) The card or permit is damaged or has blurred contents;

b) The card or permit is erased or modified;

c) The card or permit is lost;

d) The card holder no longer meets the requirements for subjects or conditions specified in Paragraphs 1 and 3, Article 16 of this Circular;

dd) The vehicles which have been issued with permit no longer meet the conditions specified in Paragraphs 6 and 8, Article of this Circular;

e) The card or permit is expired;

g) For the reasons of security assurance;

h) In case of change of job without return of card or permit to the issuing unit;

2. The card or permit of security control shall be considered for re-issue in the following cases:

a) When the new form of card or permit is issued;

b) The card or permit is still valid but is blurred, torn, damaged or no longer has signs of security;

c) The card or permit is invalid; lost, seized due to violation or discipline or change of job position.

Article 19. Procedures for issue of new card of airport or aerodrome security control with long-term use value of the Civil Aviation Authority of Vietnam

1. The body requesting the card issue shall submit 01 dossier directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:

a) The written request prepared under the form specified in Appendix V issued with this Circular;

b) For the enterprises, there must be the certified copy of document proving their legal status, functions and duties, except in case of enterprises providing the aviation or non-aviation services at airport;

c) The personal declaration of the requester of card issue prepared under the form specified in Appendix VII issued with this Circular with a sealed color photo 4x6cm (the photo taken in white background in the last 06 months to the day of dossier submission);

d) 01 color photo as stipulated under Point c, Paragraph 1 of this Article or taken directly at the card issuing body.

2. Within 07 working days after receiving all prescribed dossier, the Civil Aviation Authority of Vietnam shall assess and verify it concerning the subject and condition for card issue as follows:

a) The card is issued in case of meeting the provisions in Paragraphs 1 and 3, Article 16 of this Circular;

b) Where the subject fails to meet the provisions in Paragraphs 1 and 3, Article 16 of this Circular, within 03 working days, the Civil Aviation Authority of Vietnam shall give a written notice to the requesting body of the failure to issue the card with reasons.

c) Where the dossier has unclear issues, within 03 working days, the Civil Aviation Authority of Vietnam shall require in writing the additional provision of information and document or require to work directly with the requesting body for clarification.

Article 20. Procedures for re-issue of card of airport or aerodrome security control with long-term use value from the Civil Aviation Authority of Vietnam

1. The body requesting the card re-issue shall submit 01 dossier directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam as follows:

a) In case of re-issue due to the issue of new form of card or expired card, the dossier is specified under Points a, c and Article, Paragraph 1, Article 19 of this Circular;

b) In case of re-issue for the valid card but it is blurred, torn, damaged or has no longer signs of confidentiality, the dossier is specified under Points a and d, Paragraph 1 of Article 19 of this Circular and the card which is blurred, torn, damaged or has no longer signs of confidentiality must be returned;

c) In case of re-issue due to card loss, the dossier is specified under Points a and d, Paragraph 1, Article 19 of this Circular and the written certification of the head of unit or unit on the time, location and cause of loss;

d) In case of re-issue due to seized card, the dossier is specified under Points a and d, Paragraph 1, Article 19 of this Circular enclosed with the written result of handling of violation, discipline and the personal review with the remark and assessment of the body handling the violation and discipline.

dd) In case of re-issue due to change of job position at another body or unit, the dossier is specified in Paragraph 1, Article 19 of this Circular; in case of change of job position in the same body or unit, the dossier consists of the written request prepared under the form specified in Appendix V and the brief list specified in Appendix IV issued with this Circular.

2. Within 05 working days after fully receiving the prescribed dossier, the Civil Aviation Authority of Vietnam shall assess and verify the dossier concerning the subject and condition for card issue as follows:

a) The card is issued if the subject meets the provisions in Paragraphs 1 and 3, Article 16 of this Circular;

Article 21. Procedures for issue of new card of airport or aerodrome security control with long-term use value from the aviation Authority

1. The body requesting the card issue shall submit 01 dossier directly or by post or in other appropriate forms to the aviation Authority; the dossier is specified in Paragraph 1, Article 19 of this Circular.

2. Within 07 working days after fully receiving the prescribed dossier, the aviation Authority shall assess and verify it concerning the subject and condition for card issue as follows:

a) The card is issued if the subject meets the provisions in Paragraphs 1 and 3, Article 16 of this Circular;

b) Where the subject fails to meet the provisions in Paragraphs 1 and 3, Article 16 of this Circular, within 03 working days, the aviation Authority shall give a written notice to the requesting body of the failure to issue the cards with reasons;

c) Where the dossier has unclear issues, within 03 working days, the aviation Authority shall require in writing the additional provision of information and document or require to work directly with the requesting body for clarification.

Article 22. Procedures for re-issue of card of airport or aerodrome security control with long-term use value from the aviation Authority

1. The body requesting the card re-issue shall submit 01 dossier directly or by post or in other appropriate forms to the aviation Authority; the dossier is specified in Paragraph 1, Article 20 of this Circular.

2. Within 05 working days after fully receiving the prescribed dossier, the aviation Authority shall assess and verify it concerning the subject and condition for card issue as follows:

a) The card is issued if the subject meets the provisions in Paragraphs 1 and 3, Article 16 of this Circular;

Article 23. Procedures for issue of card of airport or aerodrome security control with short-term use value from the aviation Authority

1. The body requesting the card issue shall submit a dossier directly to the aviation Authority and present one of the valid paper (ID card, diplomatic ID card, Passport, citizen ID card or card of aviation security control with long-term use value). The dossier consists of:

a) The written request is prepared under the form specified in Appendix V issued with this Circular;

b) The list is prepared under the form specified in Appendix IX issued with this Circular.

2. Within a maximum of 60 minutes after fully receiving the prescribed dossier, the aviation Authority shall verify it and issue the card or inform directly the person submitting dossier in case of disapproval for card issue;

Article 24. Procedures for issue of new card of airport or aerodrome security control with long-term use value from the airport operators

1. The dossier consists of:

a) The list of staff requesting the card issue is prepared under the form specified in Appendix VI issued with this Circular;

b) The personal declaration of the requester of card issue prepared under the form specified in Appendix VII issued with this Circular with a sealed color photo 4x6cm (the photo taken in white background within the last 06 months to the day of dossier submission);

c) 01 color photo as stipulated under Point b, Paragraph 1 of this Article.

2. After 05 working days after the card issue, the authorized airport operator shall have to send the list of persons issued with card prepared under the form specified in Appendix VI issued with this Circular to the relevant aviation Authority.

Article 25. Procedures for re-issue of card of airport or aerodrome security control with long-term use value from the airport operators

1. The dossier consists of:

a) In case of re-issue due to the issue of new form of card or expired card, the dossier is specified in Paragraph 1, Article 24 of this Circular;

b) In case of re-issue for the valid card but it is blurred, torn, damaged or has no longer signs of confidentiality, the dossier is specified under Points a and d, Paragraph 1 of Article 24 of this Circular and the card which is blurred, torn, damaged or has no longer signs of confidentiality must be returned;

c) In case of re-issue due to card loss, the dossier is specified under Points a and c, Paragraph 1, Article 24 of this Circular and the written certification of the head of unit or unit on the time, location and cause of loss;

d) In case of re-issue due to seized card, the dossier is specified under Points a and c, Paragraph 1, Article 24 of this Circular enclosed with the written result of handling of violation, discipline and the personal review with the remark and assessment of the body handling the violation and discipline.

dd) In case of re-issue due to change of job position, the dossier is specified under Point aviation security, Paragraph 1, Article 24 of this Circular.

Article 26. Procedures for issue of new permit of airport or aerodrome security control with long-term use value from the aviation Authority and the airport operators

1. The body requesting the issue of permit to the vehicle specified in Paragraph 6, Article 16 shall submit 01 dossier directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:

a) The written request of the body or organization managing the vehicle is prepared under the form specified in Appendix V issued with this Circular;

b) The list of vehicles requested for the issue of permit is prepared under the form specified in Appendix VIII issued with this Circular;

c) The copy of valid Certificate of technical safety inspection and environmental protection issued by the competent authorities.

2. The procedures for issue of permit with long-term use value at one airport under the management of airport operators to their vehicles shall comply with the provisions under Points b and c, Paragraph 1 of this Article.

3. Within 07 working days after fully receiving the prescribed dossier, the aviation Authority shall assess and verify it. If the dossier meets the prescribed requirements, the aviation Authority shall issue the permit and if the dossier does not meet the prescribed requirements, within 03 working days, the aviation Authority shall inform in writing the requesting body of the failure to issue the permit with the reasons. Where the dossier has unclear issues, within 03 working days, the aviation Authority shall require in writing the additional provision of information and document or require to work directly with the requesting body for clarification.

4. After 05 working days after the permit issue, the authorized operator of airport or aerodrome must send the list of vehicles issued with the permit under the form specified in Appendix VIII issued with this Circular to the relevant aviation Authority.

Article 27. Procedures for re-issue of permit of airport or aerodrome security control with long-term use value from the aviation Authority and the airport operators

1. The body requesting the issue of permit shall submit 01 dossier directly or by post or in other appropriate forms to the aviation Authority and the airport operators. The dossier consists of:

a) Re-issue of permit due to the issue of new permit or invalid permit, the dossier is specified in Paragraph 1, Article 26 of this Circular;

b) Re-issue of permit in case it is valid but blurred, torn, damaged or no longer has signs of confidentiality, the dossier is specified under Points a and b, Paragraph 1, Article 26 of this Circular; the body requesting the permit issue shall have to return the permit which is blurred, torn, damaged or no longer has signs of confidentiality;

c) Re-issue of permit in case of its loss, the dossier is specified under Points a and b, Paragraph 1, Article 26 of this Circular; the body requesting the permit issue must have the written certification of the head of body or unit on the time, location or cause of loss of permit.

2. Within 05 working days after fully receiving the prescribed dossier, the body issuing permit shall assess and verify it. If the dossier meets the prescribed requirements, the permit shall be issued and if the dossier does not meet the prescribed requirements, within 03 working days, the aviation Authority shall inform in writing the requesting body of the failure to issue the permit with the reasons. Where the dossier has unclear issues, within 03 working days, the aviation Authority shall require in writing the additional provision of information and document or require to work directly with the requesting body for clarification.

3. After 05 working days after the permit issue, the authorized airport operator must send the list of vehicles issued the permit prepared under the form specified in Appendix VIII issued with this Circular to the relevant aviation Authority.

Article 28. Procedures for issue of permit of airport or aerodrome security control with short-term use value

1. The body requesting the permit issue shall submit 01 dossier directly to the body issuing the permit and present the valid Certificate of technical safety inspection and environment protection issued by the competent authorities. The dossier consists of:

a) The written request of the body or organization managing the vehicle prepared under the form specified in Appendix V issued with this Circular;

b) The list of vehicles requested for the issue of permit prepared under the form specified in Appendix VIII issued with this Circular;

2. Within a maximum of 60 minutes after fully receiving the prescribed dossier, the body issuing the permit shall verify it and issue the card or inform directly the person submitting dossier in case of disapproval for card issue;

Article 29. Procedures for new issue and re-issue of card of airport or aerodrome security control with long-term use value to the police forces and border gate customs at the international airports

1. The police and border gate customs authority at the international airports are responsible for the dossier, résumé, identity and duties of the person issued with card shall submit 01 dossier directly or by post or in other appropriate forms to the aviation Authority and the airport operators. The dossier consists of:

a) The written request prepared under the form specified in Appendix V issued with this Circular;

b) The list of staff regularly working at the international airport, including the information on full name, position, place of work and working area of the requester of card issue;

c) Two photos 4x6 cm (the photo taken with industry costume on the white background in the last 06 months to the day of dossier submission) of the photo taken directly at the card issuing body.

2. Within 07 working days after fully receiving the prescribed dossier, the aviation Authority shall verify it and issue the card or reply in writing with reasons for the failure to issue the card.

Article 30. Management and storage of dossier on card and permit of aviation security control

1. The dossier on issue of card and permit must be stored and destroyed according to the regulations of law on storage.

2. At the place of card or permit issue, there must be the posted regulation on dossier and procedures for issue of card or permit of aviation security control and notice of unforeseen cases affecting the procedures for card or permit issue.

3. The Civil Aviation Authority of Vietnam provides specific instructions on the relevant management, procedures and forms in receiving dossiers, organizing the verification and issue of card or permit of aviation security control and directs the implementation.

Article 31. Verification and explanation about the issue of card or permit of aviation security control

1. The card or permit issuing body shall verify the dossier and the following contents for the issue of card or permit:

a) Subjects for issue of card or permit;

b) Conditions for issue of card or permit;

c) Range of issue of card or permit;

d) Time limit for issue of card or permit;

dd) Airport and restricted areas issued in the card or permit;

2. The body, unit or requester of card or permit issue shall have to explain and provide the evidencing documents for the card or permit issuing body to clarify the contents specified in Paragraph 1 of this Article during the dossier verification.

3. The card or permit issuing body has the right to refuse if the body, unit or requester of card or permit issue refuses to explain and provide the evidencing documents or violate the regulations on management and use of card of permit or when it detects the untruthful declaration in the dossier for issue of card or permit.

4. The issue of card or permit must comply with the working principles at the airports and the restricted areas. The card or permit shall be issued at the appropriate airport or restricted areas and to the definite point of time of duties of the subjects.

Article 32. Subjects, conditions, procedures for issue and management of card, permit of internal security control and crew identification card

1. The enterprises issuing the card, permit of internal security control and crew identification card must stipulate the subjects and conditions for card or permit issue; form of card or permit; dossier and procedures for card or permit issue; responsibilities and authority to manage, issue and recover the card or permit in the security Program and security Regulation approved by the Civil Aviation Authority of Vietnam.

2. The form of the card or permit of internal security control and the crew identification card must not cause confusion with the form of the card or permit of airport or aerodrome security control.

Article 33. Management and use of card or permit of aviation security control

1. The card or permit of aviation security control is only used upon performing the assigned duties, not for other personal purposes; improperly using or having acts of violation shall result in revocation or temporary seizure.

2. The person issued with the card or the operator of vehicle issued with the card must keep and maintain the card or permit and must not allow other people to use it in any form; not erase or modify the content on the card or permit; where the persons issued with the card or permit no longer have duties in the restricted areas, they must return the card or permit to the issuing unit; where the content on the card or permit is torn or its content is blurred, the card or permit holders must request the re-issue or inform their managing bodies immediately in case of loss.

3. If the card users or the vehicle users issued with the permit violate the regulations on aviation security and safety, disturb the order and discipline at the airport or aerodrome or violate the regulations on the use of card or permit or do not meet the conditions for issue of card or permit, their cards or permits shall be temporarily seized or recovered

4. The heads of bodies or units issued with the card or permit shall:

a) Stipulate the management and use of card or permit of the individuals or vehicles of their units upon being issued to ensure proper use; prohibit the use of card for personal purposes;

b) Recover and hand over the card or permit which loses its use value specified in Paragraph 1, Article 18 of this Circular, except the expired card or permit; the card or permit recovered as required by the competent authorities to the issuing unit; immediately inform in writing under the form specified in Appendix X issued with this Circular the issuing unit of the case of loss of card or permit.

c) Destruction of expired card or permit

5. The staff of the state management bodies on entry and exit and import and export at border gate shall use the card of aviation security control for entering and exiting from the restricted areas and do not need to wear the card while working according to regulations.

6. The body issuing the card or permit must immediately inform in writing under the form specified in Appendix X issued with this Circular of the cases of loss of card or permit issued by their units to the aviation security control forces or the security forces of the restricted areas specified on the lost card or permit and the Civil Aviation Authority of Vietnam to promptly prevent the use of lost card or permit

Section 2. SECURITY CONTROL IN RESTRICTED AREAS AND PUBLIC AREAS

Article 34. Set up the restricted areas

1. Based on the present infrastructure and civil aviation activities, the following restricted areas must be set up:

a) Passenger area after the passengers and luggage are checked and screened and wait for going on board the aircraft (isolated area);

b) Area of apron, runway, taxiway and other areas in the aerodrome;

c) Area for consigned luggage after the Aviation security check to be moved on board the aircraft (luggage classification area);

d) Area for passengers in transit, interline transfer to wait for the connecting flight (transit area);

dd) Area for cargo and postal items after they are checked and screened to be carried on board the aircraft (area of classification and storage and loading of cargo and postal items);

e) Guest house for special aircraft flights and prioritized flights;

g) Area of luggage delivery to the passenger at the arrival terminal;

h) Area of aircraft repair, maintenance and installation;

i) Area of airline meal production, processing and provision;

k) Area of aircraft fuel storage;

l) Airport emergency coordination Centre; flight operation and command Center; area of air traffic control tower; area of radar station and VHF information;

m) Power and water supply station of the airport or aerodrome;

n) Area from the check-in counter, luggage conveyor belt into the check and scan of consigned luggage;

o) Area to carry out the procedures for receiving cargo and postal items for transportation by aircraft.

2. Based on the Paragraph 1 of this Article, the airport or aerodrome operators shall coordinate with the aviation Authority and the relevant bodies and units to determine the restricted areas and specific boundary of each restricted area of the airport or aerodrome and the restricted areas under the separate management and operation of the airport or aerodrome operators when developing the aviation security Program.

3. Based on Paragraph 1 of this Article, the enterprise providing the aviation services at the airport or aerodrome shall coordinate with the aviation Authority and the relevant bodies and units to determine the restricted areas and specific boundary of each restricted area under the management and operation for the areas outside the airport or aerodrome when developing the aviation security Regulation; the air traffic service provider and the facilities processing cargo and postal items shall set up the restricted areas for the areas not under the management of the airport or aerodrome.

4. In case of compulsory strengthening of aviation security assurance at the airport or aerodrome and deemed necessary to temporarily set up the new restricted areas, the airport or aerodrome operator shall do it and immediately inform the aviation Authority and the bodies and units regularly operating in these areas. The temporary setup of restricted areas must ensure the following requirements:

a) With definite term;

b) With hard of soft fence as the boundary; appropriate signs or warning signals;

c) With the aviation security checkpoint with the aviation security controller to check and monitor during the time of setup;

d) With appropriate measures to ensure the aviation security;

dd) If the duration of temporary setup of restricted areas over 24 hours, there must be the written approval from the Civil Aviation Authority of Vietnam.

5. The setup of restricted areas and application of measures of aviation security check and monitoring for each restricted area must be consistent with the purpose of aviation security assurance without obstructing people and vehicles from entry and exit or normal activities in the restricted areas.

Article 35. Provisions on entry, exit and operation in the restricted areas

1. People and vehicles entering, exiting and operating in the restricted areas must have the card or permit of aviation security control for those areas.

2. The card must be worn in front of the chest to ensure the observation of the front side of the card during the time of operation in the restricted areas, except where the staff of police and border gate customs authority at airport or aerodrome must place their cards in front of the cockpit or at visible location of their vehicles on duty.

3. People, objects carried along and vehicles entering and exiting from the restricted areas must go through the prescribed gate or door and comply with the instructions and regulations on security, safety and operation in the restricted areas and must be subject to the appropriate aviation security check and monitoring.

4. People and vehicles using their card or permit of airport or aerodrome security control with short-term use value must be escorted and instructed by the aviation security controller or the staff of the managing unit of the restricted area while operating in the restricted area.

5. Vehicles operating in the restricted area must move along proper route and at proper speed, stop and park at the prescribed location; must be checked and monitored and follow the instructions of the aviation security controller or the security guard on duty in that area.

6. Filming and photographing in the restricted areas not within the state secrets must be permitted in writing by the managing unit.

7. In case of performing duties of emergency or rescue, the head of the managing body or unit of the vehicles and people involved in these duties must coordinate with the aviation security control forces and the security forces of the managing unit of the restricted area to control the activities of the vehicles and people without the need for the card or permit of aviation security control or internal security control.

8. In the restricted areas, the consigned luggage, cargo and postal items must be kept intact:

a) The heads of units and bodies operating in the airport or aerodrome must take measures to prevent and fight against the theft of properties in the consigned luggage, cargo and postal items under their responsibility. The aviation Authority shall monitor the compliance with these provisions of the units;

b) The airport or aerodrome operators and the enterprises of ground and cargo services must check and monitor the compliance with the procedures and standards in the chain of luggage and cargo services;

c) The airport or aerodrome operators shall issue the specific regulations on the list of people and vehicles permitted for entry and exit for each specific gate or door and the list of objects which their staff must not carry along while working in the restricted areas;

dd) The airlines should provide or propagate information to the passengers on the regulations on transportation of high valuable objects in the consigned luggage; the procedures for complaint, claim and compensation in case of loss or miscarriage of luggage during transportation;

e) The specific measures of prevention and fight against the theft of properties are specified in the aviation security Program and the aviation security Regulation of the enterprises.

Article 36. Provisions on carrying dangerous items into the restricted areas

1. The carriage, management and use of dangerous items in the restricted areas must be specified in the relevant aviation security Program and the aviation security Regulation on the basis of the List of dangerous items banned or restricted to carry along or with luggage on board the aircraft issued by the Civil Aviation Authority of Vietnam.

2. The units using the dangerous items in service of work of units and bodies in the restricted areas specified under Points a, b, c, d, dd, e and g, Paragraph 1, Article 34 of this Circular must make registration with the aviation security control forces and perform the aviation security check and monitoring of those areas.

3. The managing units shall manage and take responsibility for the management, use and security and safety assurance to the dangerous items specified in Paragraph 2 of this Article.

Article 37. Aviation security checkpoint at the gate, door and aisle between the public areas and restricted areas

1. There must be the aviation security checkpoints from the public areas to the restricted areas at the gate, door and aisle.

2. At each aviation security checkpoint, there must be the following documents:

a) Procedures for check of people, objects and vehicles upon entry and exit from the restricted areas;

b) Form of card or permit of aviation security control permitted for entering the areas;

c) List of people and vehicles whose card or permit is lost, recovered but they fail to return their card or permit of aviation security control;

d) List of relevant telephone numbers and the forms, records and registration of dangerous items, electronic equipment, special-use equipment, high valuable objects and vehicles entering the restricted areas;

dd) Shift handover book recording the development and result of security check and monitoring.

3. At the aviation security checkpoints, there must appropriate instruction signs, staff and security equipment to ensure the continuity of Aviation security check. The mobile gate, door or fence at the aviation security checkpoints must always be in the state of closure (lock) and is only opened after the vehicles and people are checked and are eligible for entry and exit.

4. There must be the security monitoring camera, X-ray scanners, magnetic sensory door and portable metal detector to check and scan the objects, luggage and people from the public areas moving into the restricted in accordance with the provisions under Points a, b, c, d, dd, e, h, i and k, Paragraph 1, Article 34 of this Circular and the flight operation and command Center (except the gates, doors or aisles temporarily set up).

Article 38. Security monitoring, patrolling and guarding in restricted areas

1. The aviation security control forces must carry out the continuous monitoring of passengers, people and vehicles operating in the restricted areas by the appropriate measures in order to detect signs of suspicion and promptly prevent the acts of violation; check and process the derelict luggage and objects and carry out other aviation security measures.

2. The aviation security control forces must carry out the patrolling and watching to promptly stop the vehicles, people or cattle from entering the restricted areas or violating the regulations on aviation security and safety assurance.

3. At the airports or aerodromes used for civil and military purposes, the aviation security control forces shall agree in writing with the army forces stationed at such airports or aerodromes on patrolling, guarding and protecting the bordering areas between the areas used for civil aviation activities and the areas used for military activities.

4. The monitoring, patrolling and watching are described in detail in the relevant aviation security Program and the aviation security Regulation.

Article 39. Security check and monitoring of people, vehicles and objects upon entry, exit and operation in the restricted but not the passengers, luggage, cargo, postal items and object carried on board the aircraft

1. The aviation security controllers and the security guards must carry out the security check and monitoring of the vehicles, people and objects carried in and out and operating in the restricted areas.

2. The vehicles, people and objects carried into the restricted areas except the restricted areas specified under Point n and o, Paragraph 1, Article 34 must be checked for aviation security with the following contents:

a) The card or permit of aviation security control;

b) People and objects carried along;

c) Vehicle and object on such vehicles;

d) Dangerous items;

3. People, vehicle and objects carried into and operated in the restricted areas specified under Point n and o, Paragraph 1 of Article 34 must be monitored by appropriate measures of aviation security.

4. People, vehicle and objects carried out of the restricted areas shall be checked by the aviation security control forces in case of signs of suspicion such as: property theft, smuggling and commercial fraudulence or in case of strengthened aviation security assurance or under the direction of the competent state management body. The content of check consists of:

a) Card or permit of aviation security control;

b) People and objects carried along;

c) Means and objects on such vehicles;

d) Dangerous items;

5. The procedures for check of people are as follows:

a) Check the card of aviation security control, observe and make actual comparison;

b) Check people with the magnetic sensory door and portable metal detector at location equipped with these devices. When there is an alarm from these devices, continue the visual check; carry out the visual check at random of at least 5% in case of no alarm from the magnetic sensory door and portable metal detector; the visual check is done at the locations having no magnetic sensory door and portable metal detector;

c) The order and way to check the card, visual check, use of portable metal detector; procedures for check with the magnetic sensory door are specified in the aviation security Program of the airport or aerodrome operators and the aviation security Regulation of the aviation service providers.

6. The procedures for check of objects:

a) Put the objects through the X-ray scanner at places equipped with this device. When X-ray scanner show signs of suspicion, continue to carry out the visual check.

b) Carry out the visual check of objects at places having no X-ray scanner;

c) The order and way to check the objects visually and check with X-ray scanner are specified in the aviation security Program of the airport or aerodrome operators and the aviation security Regulation of the aviation service providers.

7. The procedures for check of vehicle:

a) Require the vehicle operator and the accompanied people to leave the vehicle;

b) Check the vehicle permit;

c) Observe and check the outside of the vehicle;

d) Use the mirror to check the underbody and the surface of the vehicle;

dd) Visually check the inside of cockpit of the vehicle;

e) Check the compartment of passenger and cargo of the vehicle (except where the cargo department is sealed according to regulations);

g) Check the seals of the vehicle and cargo on it;

h) The order and way to check the vehicles visually and use the mirror to check the underbody and the surface of the vehicle are specified in the aviation security Program of the airport or aerodrome operators and the aviation security Regulation of the aviation service providers.

8. Provisions on control of objects carried in and out of the restricted areas:

a) At the aviation security checkpoint, the declaration prepared under the form specified in Appendix XXVI of this Circular must be retained;

b) The persons carrying dangerous items, special-use equipment and high valuable objects into the restricted areas must make registration in the declaration prepared under the form specified in Appendix XXVT of this Circular and must enter and exit the same door;

c) The aviation security controller at the aviation security checkpoint must collect the declaration, make comparison with the objects carried in and out and record the change of amount if used in the restricted areas, except where the aviation security controller is equipped with support tools on duty to ensure the aviation security at the airport;

d) The books and documents pertaining to the control of objects carried into and out of the restricted areas must be controlled and kept according to the regulations on documents and archives.

9. The procedures for aviation security check and monitoring for each specific restricted area must be described in detail in the aviation security Program and Regulation of the units.

Article 40. Signs of instruction in the public areas of airport or aerodrome

1. The aviation security control forces shall coordinate with the airport or aerodrome, aviation service providers and traffic and police authority to separate traffic flows and install the signs of instruction at the public roads, parking lots and pickup areas for passengers and other public areas at airports or aerodromes.

2. People and vehicles moving around and operating in the public areas must comply with the laws on road traffic and regulations of the airports or aerodromes under the instructions of aviation security control forces and regulations on aviation security and safety assurance, social order and safety and civilization and politeness maintenance.

Article 41. Security check and monitoring in public areas of airports or aerodromes.

1. The aviation security control forces shall coordinate with the police authority to set up the checkpoints and arrange the aviation security controllers and appropriate equipment for patrolling, monitoring and guiding people and vehicles to participate in traffic; maintain the order in the public areas of airports or aerodromes; coordinate with the relevant aviation Authority, army and police forces and local government in case of required strengthening of aviation security and public order assurance and handling of violation.

2. The arrangement of patrolling and monitoring forces, dedicated equipment, check order and security monitoring must ensure the timely detection and handling of objects, cargo or vehicle without identification of their owners, acts of disturbance and law violation in the public areas of airports or aerodromes and must be described specifically in the aviation security Program and the aviation security Regulation.

3. In case of strengthening the aviation security assurance or when the terminals or the public areas of airport cannot meet the operation demand, the aviation security control forces shall set up the aviation security checkpoints in the public areas to restrict and regulate the number of people and vehicles entering to operate in the terminals and public areas of the airport and aerodrome and inform the aviation Authority for monitoring.

4. The objects, luggage and properties of the aircraft passengers or the persons going to see them off consigned in the public areas of the passenger terminal must be checked for aviation security before received by appropriate measures.

Article 42. Security assurance of surrounding areas of airport or aerodrome

1. The aviation Authority and the airport or aerodrome operators shall coordinate with the relevant local People’s Committee to propagate the regulations on aviation security and safety to the residents in the surrounding areas of airport or aerodrome.

2. The aviation Authority with the aviation security control forces shall coordinate with the relevant local government in ensuring the compliance with the regulations on aviation security; stop acts of law violation in the surrounding areas of airport or aerodrome.

3. The aviation Authority and the aviation security control forces shall coordinate with the competent authorities of the Ministry of Defense and the relevant local units and bodies to assess the risks of attacking aircrafts by the man-portable anti-tank missiles.

4. The aviation Authority and the aviation security control forces shall coordinate with the police authorities at all levels in the surrounding areas of airport or aerodrome to develop and carry out the plan for prevention and stop of illegal acts of interference at the airport or aerodrome towards the aircrafts or use of man-portable anti-tank missiles or other weapons to attack aircrafts during their landing and takeoff.

5. The aviation security control forces and the security forces of the relevant bodies and units shall coordinate with the police authorities at ward or communal levels of the relevant areas to carry out the patrol of the surrounding areas of airport or aerodrome and the restricted areas outside the airport or aerodrome as required in order to promptly detect and handle the acts of law violation.

Section 3. SECURITY CHECK AND MONITORING BEFORE FLIGHTS OF COMMERCIAL AIR TRANSPORT

Article 43. Security seal

1. The containers of cargo, postal items, separate parcels, mislaid luggage, derelict luggage without recipient, cabinet and bag of airline meal, container and bag of objects for services on aircraft, except the objects used for aircraft maintenance and repair and the cases specified in Paragraph 5, Article 56 of this Circular. All of these must be sealed after the Aviation security check. For the vehicles used to fill the fuel for aircraft, after receiving the fuel for filling the aircrafts, their inlet and outlet must be sealed; the doors of aircrafts not under operation must be affixed with security seal.

2. The security seal must not be peeled or removed after the sealing or shall be damaged and cannot be sealed again if it is peeled or removed; the size and type of seal must be consistent with the objects to be sealed.

3. The security seal and regulation on management, statistics, issue, distribution and use of security seal must be specifically stipulated in the relevant aviation security Program and the aviation security Regulation. The requirements for security seal are specified in the Appendix XII issued with this Circular.

Article 44. Security check and monitoring towards the passengers and hand luggage on departure

1. The airlines only transport and allow the passengers to go on board of aircraft when they have tickets or boarding pass and personal papers as specified in Appendix XIII issued with this Circular and are checked for aviation security; the consigned luggage of each passenger must go through separate acceptance procedures and not go through procedures in common for many people. Before allowing the passengers to go on board, the officer doing the check-in procedures must check and make comparison of passenger with their identity papers and boarding pass to ensure a match of the passenger with their papers and flight.

2. The passengers who have the consigned luggage, except the case specified in Paragraph 3 of this Article must be present at the check-in counter for procedures. The officer doing the check-in procedures must check and compare the passengers with their tickets and personal papers and ask them about their luggage and inform the person in charge of security at the aviation security checkpoint if detecting any sign of suspicion.

3. The passengers can authorize their representatives to go through the procedures in the following cases:

a) The delegation with members of the Politburo and the Party Central Committee, the Ministers and the equivalent or higher positions, Secretary and Deputy Secretary of provincial Party Committee, Secretary of Party Committee of centrally-run city; Chairman of People’s Council, Chairman of People’s Committee of province and centrally-run city; Deputy Minister of Transport, Deputy Minister of Public Security, Deputy Minister of 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 cases of emergency shall be decided with responsibility to be assumed by the Director of aviation Authority.

4. The passengers who have no consigned luggage can carry out the procedures through the web check-in system and the web check-in counter with the permission from the airlines and the relevant competent authorities without being present at the check-in counter.

5. The passengers and their hand luggage must be checked by 100% aviation security scanning; the passengers who refuse the aviation security scanning shall be denied the transportation.

6. At each aviation security checkpoint, there must be a room for the search of aviation security; X-ray scanner, magnetic sensory port, portable metal detector, explosive detector, communication devices and other necessary tools and devices.

7. At each aviation security checkpoint, there must be sufficient aviation security controllers to ensure the efficient and complete performance of the following duties:

a) Check and compare the personal papers of the passengers with their tickets and boarding pass on paper or electronic devices (telephone, computer…) and the passengers;

b) Guide the passengers to follow the requirements for removing personal items, putting their luggage or objects on the conveyor of X-ray scanner;

c) Check the passengers with the portable metal detector, explosive detector, carry out the visual check or search their luggage;

d) Monitor the screen of X-ray scanner; this duty is continuously performed no more than 30 minutes and is only carried out at least 30 minutes later;

dd) Receive the luggage or objects to be checked as required by the officer who monitors the screen of X-ray scanner and move them to the officer who performs the visual check or search;

e) Perform the visual check and search of hand luggage and objects;

g) The shift leader shall direct, steer and monitor all activities at the aviation security checkpoint; change the working position of the other staff in the shift; handle problems and violation as reported; shall not carry out the work of the staff specified under the Points a, b, c, d, dd and e of this Paragraph.

8. The passengers must comply with all instructions and requirements of the aviation security controller and follow the procedures for aviation security scanning applicable to people and hand luggage as follows:

a) Passengers shall take off their coats, hats, shoes, belts and remove their personal items and other objects carried along; put the objects, liquid and electronic devices on the tray and put them through the X-ray scanner before going through the magnetic sensory port;

b) Passengers go through the magnetic sensory port, if the magnetic sensory port alarms, the aviation security controller shall use the portable metal detector in combination with visual check;

c) Passengers put their hand luggage on the conveyor to be put through the X-ray scanner; if the luggage has problems, the aviation security controller must carry out the prescribed visual check or aviation security search.

9. The passengers and their hand luggage that have completed their aviation security procedures must be monitored continuously by appropriate measure until they go on board.

10. The Aviation security check towards the disabled passengers, invalid soldiers and patients using trolley or stretcher with medical auxiliary devices on their body shall be done visually or by other appropriate measures at appropriate place.

11. The visual check of passengers and their hand luggage is done at the aviation security checkpoint or in the search room. The visual check of passengers done at the aviation security checkpoint is done by the officer of the same gender. In case of necessary, the female officer can check male passenger. The visual check in the search room must be done by the officer of the same gender with the witness of a third officer of the same gender and recorded for visual check.

12. In case of detecting dangerous items which must not be carried along or put in the hand luggage on board according to regulations, the aviation security controller shall follow the provisions in Article 65 of this Circular.

13. The additional visual check at random at least 10% is done after the Aviation security check towards the passengers and their hand luggage. The randomly visual check is done at the aviation security checkpoint or take the passengers into the search room as needed.

Article 45. Aviation security check and monitoring towards the passengers and their hand luggage in transit, interline transfer or temporary stop at a domestic airport

1. Where the passengers are in transit or temporary stop at a domestic airport and must stay in their aircraft, they must be monitored continuously by the appropriate measures until departure without allowing them to get off their aircraft.

2. The passenger are in transit, interline transfer or temporary stop at a domestic airport and get off their aircraft, they have to carry along their personal objects and hand luggage.

3. The aircraft operators must check to ensure the personal objects and hand luggage of the passenger are in transit, interline transfer or temporary stop at a domestic airport must be carried along with the passengers when they get off their aircraft.

4. The passenger are in transit, interline transfer or temporary stop at a domestic airport and their hand luggage must be checked for aviation security by the method of scanning like the passenger on departure before going on board, except the following cases:

a) The passengers have the tag of temporary stop, interline transfer or transit;

b) From the time of getting off the aircraft, the passengers move in separate flow and are not merged into other flows of passengers and must be monitored continuously.

Article 46. Aviation security check and monitoring towards the flight crew members

1. The aircraft operators must provide the list of flight crew for the aviation security control forces before the flight crew members go through the procedures for Aviation security check. The flight crew must wear the prescribed costume, pack their luggage and only carry along the luggage stipulated by the relevant laws.

2. The flight crew members must present the crew identification card at the aviation security checkpoint. The aviation security controller shall check and compare the list of crew of the flight provided by the aircraft operator with the crew identification card.

3. The security scanning, monitoring and search for the flight crew members and their luggage shall be done as for the passengers and hand luggage of passengers on departure.

4. The airlines stipulate in detail the control of luggage and objects of the flight crew when they go on board in the aviation security Program of the airlines.

Article 47. Aviation security check for the consigned luggage

1. The officer doing the check-in procedures must require each passenger to confirm his correct consigned luggage to be allowed for transportation procedures; carrying out the procedures for groups is prohibited (except the case specified in Paragraph 3, Article 44 of this Circular); in case of detecting signs of suspicion, this officer shall inform the aviation security controller for strengthened check.

2. The consigned luggage of passengers on departure or interline transfer must be checked for aviation security by the X-ray scanner; in case of suspicion, continue the visual check or use the explosive detector or other appropriate measures. In case of threatening signs or information pertaining to the security and safety of the flights, the consigned luggage must be searched for aviation security.

3. At each aviation security checkpoint, there must be sufficient aviation security controllers arranged to ensure the effective and complete performance of the following duties:

a) Monitor the screen of X-ray scanner; this duty is continuously performed no more than 30 minutes and is only carried out at least 30 minutes later;

b) Carry out the visual check and aviation security search;

c) The shift leader shall direct, steer and monitor all activities at the aviation security checkpoint;

4. The order and procedures for security check and monitoring of the consigned luggage are specified in the aviation security Program of airports or aerodromes.

5. The visual check for the passengers’ consigned luggage is done in the presence of the luggage owners or their legal representative or the airline representative, except the case of emergency.

6. The consigned luggage in transit, interline transfer or temporary stop at a domestic airport which are carried out of the aircraft must be checked for aviation security before carried on board the aircraft as for the consigned luggage on departure, except the following cases:

a) The luggage is not carried out of the apron or is under the continuous aviation security supervision from the time of being carried out of aircraft until being carried on board the aircraft again;

b) The luggage has the tag of transit, interline transfer or temporary stop at a domestic airport

Article 48. Aviation security monitoring for the consigned luggage

1. The consigned luggage of the passengers on departure, in transit or interline transfer, after going through the procedures for transportation and Aviation security check, must be monitored continuously by appropriate measures until it is carried on board the aircraft. The unauthorized staff are not allowed to approach it.

2. The area of consigned luggage conveyor and the area of consigned luggage classification must be controlled and monitored continuously by the appropriate measures. The unauthorized staff are not allowed to approach these areas

3. The enterprises providing the consigned luggage transportation services from the terminal to aircraft and vice versa must take measures to prevent the loss of properties in the consigned luggage and prevent the putting of consigned luggage not permitted for transportation on the conveyor or luggage vehicle.

4. The consigned luggage which is torn, broken or its lock comes apart and no longer intact before loaded on board of aircraft or has signs of interference must be re-checked for aviation security. The re-Aviation security check must be recorded. The procedures for specific management, monitoring and handling for the luggage no longer intact before loaded on board of aircraft or has signs of interference must be specified in the relevant aviation security Program and Regulation.

Article 49. Synchronized transportation of passengers and luggage

1. The luggage of each passenger must be transported with its passenger on the same flight except the case specified in Paragraph 2, Article 49 of the Law on Vietnam Civil Aviation.

2. The airline or the aircraft operator must ensure that:

a) Each piece of consigned luggage must have tag specifying the flight number, date, month and year and code of that piece of luggage;

b) Before the flights, make a list of consigned luggage and compare it with the list of passengers of the flights;

c) Sign the list of consigned luggage which has loaded on board the aircraft.

3. Where the passengers have been issued with their boarding pass but are not present to fly, the airlines must ensure that all luggage of those passengers must be carried out of the aircraft before aircraft departure.

4. Except the diplomatic bags and consular bags, the consigned luggage not transported with the passenger on the same flight according to the provisions of the Law on Vietnam Civil Aviation must be applied with at least one of the following additional measures of aviation security check and must be recorded:

a) Scan the objects of different positions with the X-ray scanner;

b) Use the explosive detector to check the luggage;

Article 50. Retention of mislaid luggage or derelict luggage

1. The enterprises providing the services of passenger terminal operation must arrange the area to keep the mislaid luggage or derelict luggage until it is moved away or to the owner. The luggage storage area must be guarded and the unauthorized people are not allowed to enter this area.

2. The airlines and enterprises providing services for passengers shall have to keep and record the mislaid luggage or derelict luggage; specify the number, weight, flight, itinerary and handling measures. The mislaid luggage or derelict luggage must be checked for aviation security by scanning with security seal before transported to the luggage storage area and shall be checked by scanning before carried on board the aircraft.

3. In case of signs or threatening information related to the aviation security and flight safety, the mislaid luggage or derelict luggage must be searched for aviation security.

Article 51. Aviation security check and monitoring for the diplomatic bags and consular bags

1. The diplomatic bags and consular bags are exempted from X-ray scanning, visual check or search of aviation security except the cases specified in Paragraph 6 of this Article.

2. The check of diplomatic bags and consular bags is done by the aviation security controller as follows:

a) Check the seal and external recognizable signs of the diplomatic bags or consular bags in accordance with the law on diplomacy and consular affairs;

b) Check the passport and authorization letter to bring the diplomatic bags or consular bags and documents of diplomatic mission or consular office confirming the pieces of diplomatic bags or consular bags.

3. Where there are true grounds for asserting that the diplomatic bags or consular bags contain dangerous items which are not permitted to be transported on aircraft, those diplomatic bags or consular bags shall be refused for transportation.

4. Make a record specifying the reasons with the confirmation of the diplomatic or consular courier and the relevant aviation Authority. The record must be sent to the diplomatic missions.

5. The diplomatic or consular couriers or representatives of diplomatic missions or consular offices and objects carried along must be checked for aviation security as stipulated in Articles 39 and 44 of this Circular when they enter the restricted area for consignment or carry along their diplomatic or consular bags.

6. The diplomatic or consular bags shall be scanned in case the airline which transport directly requires in writing the head of aviation security control forces at the airports or aerodromes. The scanning must be recorded with the certification of the airline, the diplomatic or consular courier, the aviation security controller and the relevant aviation Authority. The record must be sent to the diplomatic missions.

Article 52. Security check and monitoring for the crew members, passengers, luggage and cargo of special aircraft flights

1. The security check and monitoring for crew members, passengers, luggage and cargo of special aircraft flights shall be done by the aviation security control forces and comply with the provisions in Articles 44, 46, 47 and 48 of this Circular unless otherwise specified by laws.

2. The Civil Aviation Authority of Vietnam shall coordinate with the High Command of Guard and the relevant bodies to issue the regulation on aviation security check and monitoring for the crew members, passengers, luggage and cargo of special aircraft flights.

3. The exemption from aviation security check for the special aircraft flights shall comply with the regulations of law.

Article 53. Security check and monitoring for the cargo and postal items transported on aircraft at airports and aerodrome

1. At each aviation security checkpoint for the cargo and postal item, there must be sufficient aviation security controllers to ensure the complete and effective performance of duties as follows:

a) Check papers (declaration of cargo sender, completion of customs procedures for the consigned cargo of international flights) and document each checked batch of cargo;

b) Monitor the screen of X-ray scanner. This duty is continuously performed no more than 30 minutes and is only carried out at least 30 minutes later; use the explosive detector to check the cargo.

c) Affix security seal and perform the visual check and aviation security search;

d) The shift leader shall direct, steer and monitor all activities at the aviation security checkpoint;

2. The order and procedures for security check and monitoring for the cargo and postal items are specified in the relevant aviation security Program and Regulation.

3. The cargo and postal items on departure must be checked for aviation security by the 100% scanning except the case specified in Paragraph 7 of this Article and the cases of exempted scanning specified in Article 55 of this Circular. In case of suspicion, continue the visual check or use other appropriate measures. The visual check is done in the presence of the owner or legal representative or airline representative. In case of threatening signs or information pertaining to the security and safety of the flights, the cargo and postal items must be checked for aviation security.

4. After being checked as stipulated in Paragraph 3 of this Article, the cargo and postal items on departure must be checked continuously for security by the appropriate measures until they are carried on board of aircraft. When detecting the cargo and postal items are not intact or the containers does not have the security seal before loaded on board of aircraft, the cargo and postal item service officer shall promptly inform the aviation security controller who shall take the measures to perform the appropriate security re-check in order to detect and prevent the dangerous items according to regulations.

5. The cargo and postal items on departure that have been checked for aviation security and must be transported through the public areas to the aircraft, the means of transportation must be escorted or monitored continuously and appropriately during the transportation to prevent the illegal insertion of dangerous items into the cargo and postal items.

6. The cargo and postal items in transshipment must be scanned and monitored for aviation security like the cargo and postal items on departure, except the case with written certification or seal confirming the aviation security check done at the point of departure.

7. The cargo and postal items on passenger aircraft shall not have to be checked for aviation security in the following cases:

a) The cargo and postal items in transit or transshipment are not moved out of the aircraft or apron or under the appropriate and continuous aviation security supervision.

b) The cargo and postal items in transit or transshipment are transported from the apron to the luggage storage area through the public areas and vice versa must be sealed and monitored continuously and appropriately during transportation to prevent the illegal insertion of dangerous items into the cargo and postal items.

8. The measures of aviation security check and monitoring for the cargo and postal items must be stipulated in detail in the relevant aviation security Program and Regulation.

9. The dossier on cargo, postal items, weapons, explosive materials, support tools and records must be kept according to regulations of law.

Article 54. Security check and monitoring for the cargo and postal items consigned in the facilities outside airport.

1. Only the facilities processing cargo and postal items having the large flow of cargo and postal items transported by air and meeting the facility and human conditions to ensure the aviation security, having the aviation security Regulation approved by the Civil Aviation Authority of Vietnam set up the aviation security checkpoint for the cargo and postal items at the facilities outside the airport.

2. The Civil Aviation Authority of Vietnam shall appoint the aviation security forces at the airports or aerodromes to provide the aviation security check for the cargo and postal items at the facilities outside the airport on the basis of aviation security and interest assurance of the relevant parties.

3. The managing enterprise of the facilities processing cargo and postal items is responsible for ensuring the security, protecting the cargo and postal item processing facilities under the approved aviation security Regulation, taking the measures to control and monitor the aviation security appropriately for the cargo and postal items after receiving, storing and transporting the cargo and postal items to the airport or aerodrome after aviation security check.

4. The Civil Aviation Authority of Vietnam issues the regulations on measures and procedures for aviation security control for the cargo and postal items in the entire transportation supply chain by air in accordance with the nature of each type of cargo and postal item. The enterprises pertaining to the transportation of cargo and postal items by air must take the measures and procedures for aviation security check issued by the Civil Aviation Authority of Vietnam in order to eliminate the transportation of illegal and dangerous items.

Article 55. Aviation security check for special items

1. The X-ray scanning and visual check for human body placed in sealed zinc coffin transported by aircraft. The process of packaging and sealing the zinc coffin must be monitored by the competent health body. The zinc coffin must remain sealed and confirmed in writing of the monitoring health body with the certificate of death.

2. The X-ray scanning and visual check for products made from blood and organs used for transplantation, vaccines and pharmaceutical products must be packaged closely. The packaging must be sealed with the written confirmation of the competent health body.

3. The X-ray scanning and visual check for dangerous products because the scanning or visual check shall cause danger to the life and health of the aviation security controller such as materials used for nuclear research, radioactive materials. The packaging must be sealed with the written confirmation of safe packaging condition and the written proposal of the competent state authority.

4. For the bone and body ash, the aviation security check is done as for the general cargo and luggage, except the case with request for exemption from X-ray scanning from the relevant state bodies and individuals, the diplomatic missions and must be approved by the head of aviation security control forces at airport or aerodrome.

5. For the live animals and perishable items which cannot be checked by scanning if there is a certification of the competent authorities. In this case, the visual check or other appropriate measures can be used.

6. The transportation of dangerous cargo must comply with the regulations on transportation of dangerous cargo by air. The dangerous cargo must be packaged and labeled properly and declared before acceptance of transportation. The airlines must check and certify the compliance with regulations on transportation of dangerous cargo by air before accepting the transportation of dangerous cargo. When performing the aviation security check and detecting the dangerous cargo, the aviation security control forces must inform the airline for decision.

7. Carrying along the medical equipment as the dangerous items on aircraft to care for patients and guarded subjects must be requested in writing and approved by the airline representative and the head of aviation security control forces at the airport or aerodrome.

8. All special items specified under Points 1, 2, 4, 5 and 7 of this Article must be checked by the explosive detector.

Article 56. Aviation security check and monitoring for the airline meal

1. The enterprises producing, processing and providing the airline meal (hereafter referred to as airline meal enterprises) must carry out the aviation security activities for the airline meal under the approved security Regulation of the enterprises.

2. The areas for production, processing and provision of airline meal must be protected; the appropriate card or permit of aviation security control is required upon entry, exit and operation in these areas. The means of airline meal transportation from the place of provision through the public areas to the aircraft must be escorted by the security guards of the enterprise or application of appropriate measures of security assurance.

3. The samples of airline meal must be retained at least 24 hours from the time of serving on aircraft.

4. The cabinet or bags containing airline meal served on aircraft must be sealed after aviation security check. The aviation security controllers only permit the entry into the restricted areas of airport or aerodrome and the flight crew only receive the cabinet and bags containing airline meal on board the aircraft if they have the seal of the catering enterprise.

5. Where the cabinet or bags containing airline meal do not have or the security seal is not intact, they must be checked for aviation security by the X-ray scanner or the visual check before carried into the restricted areas of airport to be carried on board of aircraft with continuous aviation security supervision.

Article 57. Aviation security check and monitoring for the objects used on aircraft

1. The objects used on aircraft must be kept in containers or bag and checked for aviation security by X-ray scanning. These containers or bags must be sealed after the being checked by the X-ray scanning with continuous monitoring by the appropriate measures until they are carried on board the aircraft, except the case specified in Paragraph 3 of this Article.

2. The storage area of object used on aircraft must be guarded and the entry and operation in this area require the appropriate card or permit of aviation security.

3. The persons who operate, maintain and repair the aircraft must check and monitor the number and type of objects used for the maintenance and repair of aircraft when they carry them on board and off board the aircraft and making a record and present it to the aviation security controller when entering and exiting from the restricted areas.

Article 58. Aviation security assurance for aircraft fuel

1. The enterprise providing fuel must ensure the aviation security for the fuel under its approved security Regulation.

2. The area fuel and means of transportation storage must be guarded; the entry and operation in this area require the card or permit of aviation security control.

3. The inlet and outlet of the aviation fuel filling means must be sealed after receiving the fuel for filling the aircraft; the means must be escorted by the enterprise’s security guard or must have the appropriate measures of security assurance upon circulation in public areas.

4. The aviation security control forces at the airport or aerodrome must check and monitor the fuel filling means before entering the airport and ensure the security seal of the inlet and outlet of the filling means are intact.

Article 59. Aviation security check and monitoring for the passengers as accused, defendants, prisoners, expelled persons, extradited persons and arrestees under the wanted decision

1. When going through the aviation procedures, the escorts must present the order or escorting decision of the competent authorities.

2. The airline representative shall coordinate with the escorts to assess the risks in transporting the escorted passengers and decide on the appropriate measures to ensure the security and safety; notify the aviation security control forces and the aviation Authority of the airport or aerodrome on departure.

3. The escorts and escorted persons can be arranged for aviation security check in separate area. The escorted persons and their luggage must be checked visually.

4. The aviation security controller must coordinate with the escorts to manage and monitor closely the escorted persons while taking them on board and off board the aircraft.

5. The airline representative must inform the aircraft commander of the seating position of the passengers as the accused, prisoners, expelled persons, extradited persons, escorts and their support tools they carry along. The aircraft commander must inform the aviation security control forces of the expected place of landing of the necessary assistance requirements if any.

Article 60. Aviation security check and monitoring for the passengers who are denied entry

1. The airlines shall take responsibility for the passengers they transport but they are denied entry by Vietnam, particularly:

a) Transport these passengers out of Vietnam in the shortest time;

b) Coordinate with the border gate police to temporarily keep the personal papers of these passengers and carry out the procedures for having other papers issued by the entry and exit management body in order to transport those passengers if they do not valid personal papers.

c) Inform the relevant border gate police and aviation Authority of the list of passengers, time and location to manage the passengers who are denied entry and the flight which shall transport these passengers out of Vietnam;

d) Keep the personal papers or other papers issued by the entry and exit management body and return them when these passengers are handed over to the competent authorities of the country where the aircraft arrives.

2. Where the airline shall transport the passengers who are denied entry in foreign country back to Vietnam, the airline shall coordinate with the competent authorities of the host country to have the personal papers of those passengers or other papers issued by the competent authorities of the host country to transport those passengers.

3. The aviation security control at airport or aerodrome shall manage and monitor these passengers until they are taken on board the aircraft to leave Vietnam. Where the passengers who are denied entry do not voluntarily return home, the airline must arrange staff to escort them on board the aircraft, at least 01 officer escorts 01 passenger.

4. The airline shall bear all costs pertaining to the passengers who are denied entry.

5. The airline representative must inform the aircraft commander of the seating position of the passengers who are denied entry and the escorts and the support tools they carry along. The aircraft commander shall inform the aviation security control forces at the airport or aerodrome or the foreign competent authorities where the aircraft is expected to land of the necessary assistance needs.

Article 61. Aviation security check and monitoring for the passengers who lose their capacity to control their acts

1. The passengers who lose their capacity to control their acts consist of:

a) Due to their mental illness;

b) Due to using alcohol, beer or other stimulants.

2. Do not accept the transportation of passengers who cannot control their acts due to using stimulants.

3. The acceptance of transporting the passengers with mental illness shall be assessed and decided by the airline representative. When accepting the transportation, the airline must follow the following requirements:

a) The passengers with mental illness must be accompanied by doctor or relatives who can control the passengers’ unusual acts. In case of necessity, the passengers with mental illness need to be anesthetized before boarding the aircraft, the flight time must not be longer than the effect of the drug;

b) The passengers with mental illness with their luggage and items must be visually checked. The check can be done at a separate area;

c) In case of necessity, as required by the airline representative, the aviation security controller must escort the passenger with mental illness on board of the aircraft and vice versa;

d) The airline representative must inform the aircraft commander of the seating position of the passengers with mental illness. The aircraft commander shall inform the operator of aircraft or aerodrome where the aircraft is expected to land of the assistance requirements if necessary.

Article 62. Procedures for handling the disruptive passengers

1. Where these passengers have not yet go on board of the aircraft, the aviation security controller shall not permit these passengers to go on board of the aircraft and temporarily seize them and their personal papers, make a record of violation under the form specified in Appendix XXIV of this Circular and inform the relevant aviation Authority and airline representative. The handling must restrict a maximum of effect on the normal activities of the airport or aerodrome.

2. Where these passengers have gone on board of the aircraft which is on the ground, the aircraft commander must take appropriate handling measures under his authority; decide on temporary delay the flight if deemed necessary for the security and safety reasons for the flight; inform the airline representative that shall inform the case to the aviation security control forces and the aviation Authority at the airport or aerodrome for coordinated handling.

3. Where the aircraft is flying, the aircraft commander must take appropriate handling measures take appropriate handling measures; decide on landing the aircraft if deemed necessary for ensuing the security and safety for the flight; inform the airline representative if the landing place is the domestic airport or aerodrome; inform the authority of the airport or aerodrome if the landing place is the foreign airport or aerodrome; the aircraft commander shall make a record of violation under the form specified in Appendix XXIV of this Circular and hand over the case to the authority of the host country for handling in accordance with the laws of that country.

4. When receiving the notification, the aviation security control forces at the airport or aerodrome shall go on board the aircraft to coordinate with the flight crew and take necessary enforcement measures to escort these passengers off the board of the aircraft and temporarily keep their personal papers and violating objects; the flight crew shall make a report on the case and transfer these passengers to the aviation Authority for handling under their authority with the presence and witness of the airline representative for coordination during the handling of the case.

5. When the relevant aviation Authority receives the notification, it has to come to the place of the case handling to directly assess and decide on the handling under its authority; monitor the entire process of case handling, even on board of the aircraft; coordinate with the aviation security control forces at the airport or aerodrome and airline to assess the case and decide on taking the necessary security measures; require the flight crew to make a report on the case as a basis for handling the case of violation on board of the aircraft; suspend or permit the continuation of the flight; make a record and sanction the administrative violation; in case of beyond its authority, it shall transfer the case to the competent authorities

Article 63. Denying and prohibiting transportation due to security reasons; carrying out the compulsory visual check for the passengers

1. The airlines have the right to deny the passenger transportation due to the security reasons in the cases stipulated by law.

2. The procedures and authority to decide on denying the passenger transportation for the security reasons must be specified in the aviation security Program of the airline. The denial of passenger transportation must be notified to the relevant aviation Authority for monitoring under its authority.

3. The Civil Aviation Authority of Vietnam shall issue the decision on prohibited transportation by air with a definite time or permanently to the passengers who have acts of violation according to regulations of law; depending on the nature and seriousness of violation, the Civil Aviation Authority of Vietnam shall consider and decide on the application of compulsory visual check to the passengers who have acts of violation of security, order and discipline on board of the aircraft at the airports or aerodromes.

4. The Civil Aviation Authority of Vietnam must regularly update and announce the list of passengers who are prohibited from transportation or must be visually checked to the aviation Authorities and the airlines and the operators of airports or aerodromes.

5. The airlines must take the effective and appropriate measures to warn and immediately detect the subjects who are prohibited from transportation or must be visually checked when these subjects make a booking or go through procedures for moving by air to stop them promptly and effectively.

Article 64. Aviation security re-check

1. The passengers and their hand luggage that have been checked for aviation security but moved out of the isolated area must be re-checked for aviation security when they go back this area.

2. Where there is a contact or mixture between the passengers and their hand luggage that have been checked with those not yet checked for aviation security, the aviation security control forces must take the following measures:

a) All passengers and their hand luggage must be moved to another different area and the entire relevant isolated area must be re-checked;

b) All passengers and their hand luggage must be re-checked for aviation security before they go on board the aircraft;

c) Where the passengers have gone on board the aircraft, all passengers and their hand luggage must be re-checked for aviation security.

3. Where the aviation security seal is not intact or the consigned luggage, cargo, postal items and objects used on the aircraft, cabinet and bags containing airline meals are torn or damaged, they must be re-checked for aviation security before loaded on board the aircraft.

4. The aviation security re-check is specified in Paragraphs 2 and 3 of this Article and must be recorded.

Article 65. Measures to handle dangerous items during aviation security check for the passengers, luggage, cargo and postal items

1. When detecting or suspecting mines, bombs, explosive materials, explosive precursors, combustible matters, radioactive materials and toxic substances at risk of causing danger, the aviation security control forces must assess these risks to take appropriate handling measures. In case of mines, bombs, explosive materials, if their explosive mechanisms are unknown, do not touch them and quickly seal this area and evacuate passengers to the safe place and immediately inform the mine and bomb demolition forces of the police and army to remove them. The removal of combustible matters, radioactive materials and toxic substances is done in accordance with regulations of law.

2. When detecting dangerous items without permit according to regulations of law, the aviation security control forces at the airports or aerodromes must record this and transfer the documents and dangerous items to the competent authorities while informing the relevant airline to take appropriate handling measures.

3. When detecting dangerous items which fail to comply with the conditions to ensure safe transportation by air, the aviation security control forces at the airports or aerodromes shall instruct the passengers to leave them or carry out the prescribed transportation procedures or deny the completion of procedures for aviation security check and require the airline and the legal representative of the cargo sender and passenger to comply with the transportation conditions.

4. When detecting weapons and explosive substances in the passengers’ body, take appropriate measures to control and stop them for handling; when detecting weapons and explosive substances in the passengers’ luggage, isolate these passengers from their luggage or control them for handling.

Article 66. Aviation security check and monitoring for the isolated areas

1. The isolated areas must be checked for aviation security before daily operation and must be monitored closely and continuously during the time of operation.

2. When not working, all entrance and exit doors of the restricted areas must be locked or guarded by the aviation security controller.

3. The staff of the state management bodies and units and enterprises operating at the airports or aerodromes and other people with their objects carried along must be checked and monitored for aviation security when they enter the isolated areas as for the passengers and their luggage on departure.

4. The order and procedures for aviation security check and monitoring for the restricted areas must be specified in the relevant aviation security Program and Regulation.

Section 4. SECURITY ASSURANCE FOR AIRCRAFTS WITH COMMERCIAL AVIATION TRANSPORTATION

Article 67. Protecting aircrafts at the apron

1. The aircrafts parking at the apron must be protected by appropriate measures to detect and stop people and vehicles to approach to carry objects on board and off board or leave them on aircraft illegally.

2. It is required to take the measures specified in Paragraph 1 of this Article and the following requirements for the aircrafts not under operation:

a) The stair, jet bridge, conveyor and other means of service must be removed out of the aircraft.

b) The aircraft operator must close, lock and seal the aircraft door; aircraft parking at night must be illuminated.

3. The aircrafts under operation must take the measures specified in Paragraph 1 of this Article and the following requirements:

a) Being checked for aviation security continuously or the aircraft doors are closed, locked or sealed;

b) The aircraft operator must record and keep the list of people and vehicles permitted to approach and serve the aircraft.

Article 68. Aviation security check and aircraft search for aviation security

1. Before receiving passengers, luggage, cargo and postal items on board of the aircraft and after the passengers, luggage, cargo and postal items are carried off board the aircraft, the aircraft operator must check the aircraft for aviation security according to the list of each type of aircraft in order to detect the dangerous items which can be hidden or someone hide on aircraft. The aircraft operator must specify the procedures for checking the aircraft for aviation security in the aviation security Program of the airlines.

2. The security check and search of aircraft for must be done according to the list. On each aircraft, there must be a list of aviation security check, security search of aircraft and the contents of the list of aviation security check must be specified in the aviation security Program of the airlines.

Article 69. Cockpit protection

1. During the time the aircraft is flying, the cockpit must be locked from the inside and there is a secret mode of exchange of information between the flight attendants and the crew upon detecting signs of suspicion or signs of threat to aviation security in the passenger compartment.

2. The aircrafts with a maximum takeoff weight of 45,500 kilograms or more or with a carrying capacity of 60 passengers or more must meet the following requirements:

a) The cockpit door can be resistant to light weapons, grenade fragments or use of force to enter the cockpit illegally;

b) Have equipment for the crew to monitor the external area of cockpit door to recognize those who request to enter the cockpit or detect the suspicious acts or potential threats.

3. The aircraft operator must ensure that after the aircraft doors are closed, the passengers and anyone are allowed to enter the cockpit until the aircraft doors are opened for the passengers to leave the aircraft except the following subjects if the aircraft commander agrees:

a) Crew members on duty;

b) Persons who are allowed by the aircraft operator;

c) Persons who are allowed to enter the cockpit according to regulations of law.

4. The crew members must not leave the cockpit without the permission from the aircraft commander; there must always be 02 persons as the crew members. In case of unforeseen event, there is only 01 crew member, there must be 01 flight attendant and that crew member;

Article 70. Aviation security assurance on the flights

1. When the passengers go on board of the aircraft, the airline shall check and compare their personal papers and boarding pass to ensure correct passengers and flight. The measures of check must be specified in the aviation security Program of the airlines.

2. Before departing the aircraft, the aircraft commander must compare the total number of passengers provided with their boarding pass with the total actual number of passengers on the aircraft by the appropriate measures. If there is no match, clarify the reasons for permitted departure.

3. While the aircraft is flying, the aircraft commander is responsible for aviation security assurance and order and discipline maintenance on the aircraft; can take measures to prevent, stop and deal with the illegal interference and violation of regulations on aviation security assurance, acts of disturbance, violation of order and discipline, failure to comply with the requirements and instructions of the crew as stipulated by law; handing over the violating persons, exhibits, records or reports on violation to the competent state authorities when the aircraft lands on aircraft or aerodrome. The aircraft commander shall carry out the aviation security supervision and maintain the order and discipline on the aircraft during the flight.

4. The flight crew must follow the order, command and operation of the aircraft commander; regularly monitor the passenger compartment to promptly detect the passengers’ unusual acts and inform the aircraft commander for handling; coordinate with the air security officer to deal with the cases where the aircraft is flying but is illegally interfered.

5. The Civil Aviation Authority of Vietnam is the focal point which coordinates with the bodies and units of the Ministry of Public Security and the foreign competent authorities and the airlines in allotting air security officer on flights.

Article 71. Transporting the passengers as the accused, prisoners, expelled persons, extradited persons and arrestees under the wanted decision

1. The transportation of subjects who potentially threat to the aviation security must comply with the regulations of law and there must be the escorts. A flight only transports no more than 05 persons of these subjects. The special aircraft flights with the hired compartment shall not transport the passengers as the accused, prisoners, expelled persons, extradited persons and arrestees under the wanted decision

2. For the flights which arrive in Vietnam from foreign country, in case the regulations of the host country are different from those specified in Paragraph 1 of this Article, the Civil Aviation Authority of Vietnam shall assess and decide on the transportation limit.

3. The seats of the escorted subjects are designated in the row of seats far from the entrance door and exit door. The escort is in the aisle seat, the escorted subject is in the next seat. Where the number of escorts is twice as many as the number of escorted subjects, the escorted subjects shall sit between two escorts

4. The escorted subjects must be monitored by the escorts during the flight even when they go to toilet; the escorted subjects can be given food with the consent of the escort; the escort and the escorted subjects must not use stimulants or alcohol.

5. Do not handcuff or legcuff the escorted subject to the any part of the aircraft.

6. The airline must arrange for the escorts and the escorted subjects to go on board in advance and leave the aircraft last compared with the other passengers.

7. The transportation of expelled passengers voluntarily returning home with the greater number specified in Paragraph 1 of this Article is done when capable of ensuring the security. The airlines shall make assessment and decision.

Article 72. Transporting weapons, appliances of war, radioactive materials and other dangerous items on aircraft

1. The transportation of weapons, appliances of war, radioactive materials and other dangerous items on aircraft into or over the territory of Vietnam must comply with the law of Vietnam.

2. The list of dangerous items which the passengers and the crew must not carry along, put in their hand luggage or consigned luggage and carry on board the aircraft must be issued by the Civil Aviation Authority of Vietnam.

3. For the dangerous items as dangerous cargo, there must be the approval for transportation from the airline representative on the aircraft in accordance with the regulations on transportation of dangerous cargo.

4. The operator of airport or aerodrome must post the list of dangerous items which must not be carried along, put in the hand luggage or consigned luggage at the aviation security checkpoint by the passengers; make announcement by appropriate way at terminals of the list of dangerous items which must not be carried on board of the aircraft specified in Paragraph 2 of this Article.

The airlines must post the list of dangerous items which must not be carried along, put in the hand luggage or consigned luggage at the ticket office and check-in counter.

Article 73. Procedures and order to receive, manage, transport and hand over the weapons or support tools

1. The persons carrying weapons or support tools while doing the check-in procedures at the check-in counter must:

a) Present the weapons and support tools and relevant permits to the aviation officers to check while doing the check-in procedures;

b) In case of carrying firearms along on board the aircraft, complete the declaration prepared under the form specified in the Appendix XV issued with this Circular. In case of consignment of firearms or ammunition, complete the declaration prepared under the form specified in the Appendix XVI issued with this Circular.

2. The officer doing the check-in procedures of the airline shall inform the aviation security controller to check the permits pertaining to the weapons and support tools. In case of firearms and ammunition, the aviation security controller shall check the declaration contents and sign for confirmation on the declaration.

3. Procedures for receiving and transporting weapons and support tools:

a) The firearm owner must disassemble the magazine from the firearm; disassemble or disconnect the power source of support tools; make sure the weapons and supporting tools are in a safe state;

b) The ammunition must be packaged and stored in accordance with regulations on transportation of dangerous cargo. The airline representative shall sign for confirmation on the declaration prepared under the form specified in Appendix XVI issued with this Circular;

c) When the ground officer shall transport the firearms and ammunition from the check-in counter must be escorted and monitored by the aviation security officer;

d) The weapons and support tools must be stored in the place where the passengers cannot approach during the flight;

dd) The airline representative must inform by any appropriate way to its representative at the airport or aerodrome to come, receive and monitor.

4. The aircraft commander must be informed of the number of firearms and ammunition transported on the flight.

5. At the airport or aerodrome, the procedures for handover of weapons and support tools are as follows:

a) The ground officer shall transport the weapons and support tools from the aircraft to the luggage claim area; compare the personal papers and the boarding pass with the consigned luggage card; hand over the weapons and support tools to the passengers at the consigned luggage claim area.

b) The aviation security forces must monitor the transportation process, hand over, register in the book and monitor the passengers’ carriage of weapons and support tools out of the restricted areas of airport or aerodrome.

6. The procedures for receiving, managing, transporting and handing over the weapons and support tools must be stipulated in detail in the civil aviation security Program of the airlines and the operator of airport or aerodrome.

Article 74. Carrying along or put the liquid, solid, spraying (liquid) in hand luggage for international flights

1. When passing the aviation security check to enter the international isolated area, each passenger and crew member only carry along no more than 01 liter of liquid or put it in the hand luggage; the capacity of each bottle or container must not be over 100 ml and must be completely closed.

2. Do not apply Paragraph 1 of this Article to the liquid as medication, milk or baby food if it meets the following conditions:

a) The medication with prescription, which indicates the full name and address of the prescriber and the full name of user consistent with the full name on the passenger’s ticket.

b) There must be accompanied children or newborn babies in case of milk or food for children or newborn babies.

3. The liquid bought at the store in the international isolated area shall be carried along or put in the hand luggage on international flights without limit of capacity provided that it must be contained in the sealed security plastic bag.

Section 5. SECURITY ASSURANCE FOR THE GENERAL AVIATION ACTIVITIES

Article 75. Security assurance for aircraft with general aviation activities

1. The security assurance for the aircraft with general aviation activities is done as for the aircrafts with commercial aviation transportation.

2. The security assurance for the aircraft with general aviation activities parking at the airport or aerodrome is carried out as follows:

a) The aircraft operators must develop the regulation on aircraft protection in line with their operation; coordinate and cooperate with the local authorities to protect the aircraft; allot forces to constantly guard over the aircraft to detect and stop people and vehicles to approach it and go on board the aircraft; set up the appropriate fence and night lighting system around the apron;

b) The aircraft door must be locked or sealed.

3. The operators of aircraft with general aviation activities must check the aviation security for the aircraft before permitting the passengers and objects to go on board of the aircraft and ensure the security during the flight.

4. The aircraft with general aviation activities having the maximum takeoff weight of 5,750 kilograms or more must be provided with the aviation security as for the aircrafts with commercial aviation transportation

5. The airline carrying out the general aviation activities for commercial purpose must develop the aviation security Program for their operation. The contents must specify in detail the measures to ensure the aviation security and protect the aircraft of the airline within and outside the airport or aerodrome; establish and maintain the aviation security assurance division and appoint the person who shall take responsibility for the security assurance of the airline under the independent and non-concurrent system.

Article 76. Security check and monitoring for people and objects carried on board of the aircraft with general aviation activities

1. The security check and monitoring for people and objects carried on board of the aircraft with general aviation activities shall be carried out by the appropriate measures and specified in the aviation security Program of the airlines.

2. For the aircrafts that depart from an airport or aerodrome, the aircraft operator must send the list of people and objects carried on board of the aircraft to the operator of airport or aerodrome to carry out the aviation security check and monitoring before the flight.

3. For the aircrafts that depart from a place outside the airport or aerodrome, the aircraft operator must carry out the aviation security check and monitoring for the people and objects carried on board of the aircraft.

Section 6. MEASURES TO STRENGTHEN THE AVIATION SECURITY CONTROL

Article 77. Collecting information on risks of threat to aviation security

1. The Civil Aviation Authority of Vietnam shall coordinate with the bodies of the Ministry of Public Security and the Ministry of Defense and the relevant ministries and sectors to collect and assess the information on the reality of security, politics, order and social safety; conspiracy, method and tricks of terrorists, reactionary organizations and types of crime and illegal interference conspiracy into the civil aviation to decide on taking measures to strengthen the security control for each level according to regulations of law.

2. The Civil Aviation Authority of Vietnam, the operator of airport or aerodrome and airline shall announce the telephone hotline to receive the information pertaining to the illegal interference attack conspiracy into the civil aviation activities.

3. The decision on taking measures to strengthen the security control must be immediately deployed to the relevant bodies and units by the appropriate way in the shortest time to implement and must be sent immediately to the report to the Minister of Transport and the Minister of Public Security through the fax number determined by the Ministry of Transport and the Ministry of Public Security.

Article 78. Scope of application of measures to strengthen the aviation security control

Based on the information on reality, risk of intimidation and threat to aviation security, the Director of Civil Aviation Authority of Vietnam shall decide on application or cancellation of level of strengthened security control on a national scale or at a specific airport or aerodrome.

Article 79. Measures to strengthen the security control

1. The procedures for deploying the measures to strengthen the security control applicable to each level must be specified in the aviation security Program and Regulation of the operator of airport or aerodrome, Vietnamese airlines and aviation service providers on the basis of the contents specified in Appendix XVII issued with this Circular.

2. The Civil Aviation Authority of Vietnam shall direct to take the measures to strengthen the security control corresponding to the applicable level. The operators of airport or aerodrome, airlines, air traffic service provider and the relevant bodies and units must follow the directions of the Civil Aviation Authority of Vietnam.

Section 7. PROVISION AND USE OF INFORMATION ON PASSENGERS, CARGO AND SECURITY OF SPECIALIZED AVIATION INFORMATION SYSTEM

Article 80. Principles of using and providing the personal information on passengers, senders and recipients of cargo

1. Only the airlines pertaining to the transportation of passengers and cargo are permitted to use the personal information on passengers, senders and recipients of cargo, except the case specified in Paragraph 2 of this Article.

2. The airlines are responsible for the security of personal information of passengers; only provide the personal information on passengers, senders and recipients of cargo to the competent state authorities as required for the purpose of serving the state management of civil aviation security and safety and ensuring the political security, social order and safety, smuggle prevention and control, commercial fraud and other criminal offences.

Article 81. Protection of specialized aviation information system

1. The managing unit of the specialized aviation information system must develop and issue the regulations on protection, management and use to control the illegal acts of access and interference causing the unsafe civil aviation activities, theft and falsification of information and data in accordance with regulations of law.

2. The protection of specialized aviation information system must be carried out from the stage of selecting the supplier and during the design, installation and use of system. The protection measures consist of:

a) Carry out the system administration through the issue of security standards and procedures; select and provide training for the officials, especially those who have the rights of system administration; assess the threats and risks to determine the vulnerability of the system and the possibility of being attacked; carry out the inspection and testing and ensure the supply chain security;

b) Take control by firewall; encrypt data and use the network access detecting system and anti-virus system;

c) Protect the system especially the servers which must be placed in the areas where the entry, exit and operation take place must be controlled and restricted; only the authorized staff can access the system by the biometric authentication and password; restrict the number of staff who can have access right; continuously control and monitor the access to the system; use the backup system in case of failure of main system; record the activities for check, assessment and warning upon unusual activities.

3. The aviation security Program and Regulation, emergency schemes and air traffic response schemes of the relevant aviation enterprises must specify the contents of protection of information and information technology system; schemes for prevention and information security assurance and response scheme upon attack or illegal interference by electronic techniques.

4. The managing unit of the specialized aviation information system must assess the risks of threat to the aviation security and safety, extent of damage upon attack and illegal interference to the information system and equipment of its unit to take the appropriate measures of protection. The assessment is based on the following criteria:

a) Direct extent of threat to the flight operation and the flying aircraft;

b) Direct extent of threat to the life of passengers and staff at the airport or aerodrome;

c) Direct extent of threat to the normal activities of flight operating equipment, infrastructure system and aviation security assurance equipment.

5. The managing unit of the specialized aviation information system must coordinate with the information security bodies of the Ministry of Public Security to protect and fight against the illegal acts of access or interference causing the unsafe civil aviation activities and theft and falsification of information and data; comply with the regulations of law on information security.

Section 8. INTERNAL SECURITY CONTROL

Article 82. Principles of internal security control for the aviation officers

1. The internal security control is done through the development and maintenance of compliance with job title standards; rules and discipline of the bodies and units and the coordination with the competent authorities in prevention and control of illegal acts of violation and identity verification.

2. The internal security control must be done in all procedures for recruitment, training, management, monitoring, handling of violation, assessment, comment, appointment and transfer of each body and unit; the internal security control must be closely combined with the internal political protection.

3. The units recruiting, managing and employing the aviation officers must check their criminal record at the judicial body; verify résumé and identity at their residence and previous working place before deciding on recruitment; make periodical assessment of aviation officers; conduct the verification and clarification when they have unusual expressions of moral qualities, living activities, finance, sense of discipline and rule compliance of the body or unit.

Article 83. Responsibility of the bodies and units in internal security control

1. The Civil Aviation Authority of Vietnam shall direct, guide and inspect the internal security control of the units and bodies of the civil aviation sector; suspend the activities of the aviation officers who have signs of violation of law, threat to aviation security and safety or as required by the competent security bodies of the Ministry of Public Security; direct the enterprises of the civil aviation sector to coordinate with the relevant police authorities to conduct the internal security control.

2. The enterprises managing and employing the aviation officers must issue the regulations on internal security control including the following contents:

a) Verify and periodically assess the identity of the aviation officers upon recruitment, request the issue of permit, professional capacity certificate and monitor the process of duty performance of their staff.

b) Regularly increase the awareness, remind, educate to raise the sense of discipline compliance, moral qualities of their staff.

c) Closely control the travelling and carriage of objects into and out of the restricted area for go on board or off board of the aircraft and the activities to perform duty of the staff in the restricted areas;

d) Have staff or full-time or concurrent division to carry out the internal security control effectively, prepare dossier on staff management; closely coordinate with the police authorities and local government to exchange and grasp the information on the laborer; actively and proactively coordinate to promptly detect and deal with the violation of labor rule or law and remedy the shortcomings; verify the staff résumé on a yearly basis.

dd) The enterprises managing and employing the aviation officers must develop the criteria for appropriate recruitment, allotment and arrangement for each type of aviation officers; coordinate with the competent security bodies of the Ministry of Public Security to verify the identity of the aviation officers as foreigners.

Chapter III

HANDLING CASES OF AVIATION SECURITY VIOLATION AND DEALING WITH ILLEGAL ACTS OF INTERFERENCE

Section 1. HANDLING CASES OF AVIATION SECURITY VIOLATION

Article 84. Principles of handling the violations

1. All cases of aviation security violation must be handled promptly and in a timely manner and must not allow the violation to spread and limit to the lowest extent of consequence.

The handling is based on the nature and seriousness, consequence due to acts of violation and compliance with the current regulations of law. The boarding of the aviation security control forces to suppress, coerce and escort the violating subjects is carried out as required by the aircraft commander or the aviation Authority except the case of dealing with the illegal acts of interference into the civil aviation activities.

2. The aviation security control forces shall arrange the place to handle and deal with the case of violation to ensure the handling of violation quickly, safely, conveniently and limit to the minimum extent of congestion which affects the normal activities of the airports, aerodromes and flights.

3. The aviation Authority shall coordinate with the relevant bodies and units operating at the airport or aerodrome to agree upon the specific issues in coordinated handling of violation of aviation security and public order at the airports or aerodromes and deal with the problems arising during the process of coordination in accordance with regulations of law. The aviation service providers shall coordinate with the police and local authorities in handling of violations of aviation security which occur in the areas outside the airport or aerodrome under the management of enterprise.

4. The aviation Authorities, the units and enterprises having the aviation security control forces and the aviation service providers having the security guard forces must be on duty 24/7 and provide the telephone number to receive the information and handle the violation of aviation security and public order at the airport or aerodrome.

5. The dossier, procedures, records and decision on violation handling must be made and kept according to regulations of law.

Article 85. Responsibilities and procedures for handling the violation of aviation security

1. The aviation security control forces and security guards of the enterprises at the airport or aerodrome are responsible for initial handling of violation of aviation security and public order which occur at the airport or aerodrome under their management. The handling procedures are as follows:

a) Stop the acts of violation and temporarily seize the violating subjects;

b) Check, search and seize the exhibits and evidences;

c) Take the violating persons and exhibits to the designated place to deal with or handle the violation;

d) Inform the cases immediately to the Civil Aviation Authority of Vietnam and police authorities (if the cases have the criminal signs) and the relevant bodies and units at the airport or aerodrome;

dd) Protect the crime signs if deemed necessary;

e) Prepare the initial dossier ( Record of violation, Record of handover prepared under the form specified in Appendix XXIV of this Circular) and hand over the dossier, evidences, exhibits to the competent state authorities as required by the Civil Aviation Authority of Vietnam.

2. The relevant bodies, units and individuals must coordinate closely with the aviation security control forces during the process of handling of violations of aviation security.

3. The aircraft commander is responsible for handling the violations of aviation security on the flying aircraft. The air security officer shall act secretly and are not involved in handling the violation of aviation security.

4. The aviation security control forces of the air traffic service providers, enterprises repairing and maintaining aircraft, airlines and the security guard forces of the other aviation service providers are responsible for initial handling of violations of aviation security which occur at the facilities outside the airport or aerodrome under their management; the handling procedures are stipulated under Points a, b, c and dd, Paragraph 1 of this Article; prepare the initial dossier (Record of violation, Record of handover prepared under the form specified in Appendix XXIV of this Circular) and hand over the dossier, evidences, exhibits and violating persons to the local authorities and coordinate to further handle the violations of aviation security.

5. The aviation Authority shall send staff to the location where the violation is being handled right after being informed as stipulated under Point Article, Paragraph 1 of this Article to monitor the initial handling, assess the nature, seriousness, authority to handle the case and decide on the subsequent handling as follows:

a) Where the case of violation is deemed not to the extent of administrative sanction, receive the case and require in writing the body of the violating person to discipline the violating person and inform the result to the aviation Authority.

b) Where the violation is under the authority of administrative sanction of the aviation Authority, the aviation Inspector, the Civil Aviation Authority of Vietnam and the inspector of the Ministry of Transport, the aviation Authority shall take over the case and carry out the necessary activities according to regulations of law for administrative sanction under their authority or transfer the case to the competent person or body;

c) Where the violation is under the authority of administrative sanction of the police authorities, the violation with criminal signs, the aviation security control forces and security guards are required to hand over the police authorities for handling and investigation. The aviation Authority shall follow up and coordinate with the police authorities during the handling to ensure the effectiveness.

d) Where the violation is under the authority of administrative sanction of the customs authorities or other competent state bodies, the aviation security control forces and security guards are required to hand over the case to the competent authorities for handling; The aviation Authority shall follow up and coordinate with the body handling the case to ensure the effectiveness.

dd) Where the administrative violation is under the sanctioning authority of some bodies, the Director of aviation Authority shall coordinate with the competent authorities to make decision according to regulations of law.

6. When handing over the case to the aviation Authority, police, customs authorities or other competent state authorities, the aviation security control forces shall make a record of handover under the form specified in Appendix XXIV of this Circular and coordinate to the take measures to escort, seize the violating person, vehicle or exhibits as required.

7. The aviation Authorities, airport enterprises, airlines, air traffic service providers, enterprises maintaining and repairing aircrafts and aircraft equipment must equip the aviation security control forces and other aviation service providers must equip their security guard forces with the video recorder, voice recorder, camera, binoculars and other support devices to promptly stop the acts of violation and record the entire development of the violation correctly, completely in service of quick handling, right subjects, nature, seriousness and in accordance with the current regulations of law.

8. The aviation Authority, aviation security control forces of airports, aerodromes, airlines, air traffic service providers, enterprises maintaining and repairing aircrafts and other enterprises operating at the airport or aerodrome must equip the telephone with functions of display and saving of incoming and outcoming call number and voice recording with the minimum time of 03 hours for the telephone number on duty, emergency duty, hotline and provision of information to passenger. The units must use the rapid notification service of incoming and outcoming telephone numbers called to their units to promptly look up and record the threatening information via phone; set up the mailbox to receive information on cases of violation and illegal acts of interference.

Article 86. Explain, comment and draw on experience for violation

1. It is required to draw on experience, explain and comment from the case of violation to remedy the loopholes and shortcomings:

a) Based on the nature and seriousness of each case of violation at the airport or aerodrome, the aviation Authority shall assign the appropriate unit or body to hold meeting to draw on experience, explain and comment at the grassroots level or the aviation Authority shall hold meeting to draw on experience, explain and comment at the level of aviation Authority or request the Civil Aviation Authority of Vietnam to hold meeting to draw on experience, explain and comment;

b) The managing units outside the airport shall hold meeting to draw on experience, explain and comment on case of violation which has occurred at their units.

c) The Civil Aviation Authority of Vietnam shall hold meeting to draw on experience, explain and comment at level of Department for the complex and serious cases or as required by the Ministry of Transport or the Security Committee of the National Civil Aviation.

2. The time to hold meeting to draw on experience, explain and comment must be conducted as soon as possible, within 05 working days for the grassroots level, 07 working days for the level of aviation Authority and 10 working days for the level of Department from the date of occurrence of violation.

3. The minimum contents of drawing on experience, explanation and comment must consist of:

a) Measures and procedures for handling of the relevant units and individuals during the handling of violation: right, wrong and cause;

b) Coordinated handling of violation of the relevant units and individuals: right, wrong and cause;

c) The shortcomings of regulations of law, aviation security Program and Regulation, regulations and the relevant documents that should be added or amended;

d) The loopholes and shortcomings of each relevant unit and individual, causes and remedial measures.

SECTION 2. DEALING WITH ILLEGAL ACTS OF INTERFERENCE

Article 87. General provisions

1. Dealing with illegal acts of interference in the civil aviation activities must comply with the regulations of law and follow the emergency schemes to deal with the illegal acts of interference in the civil aviation activities issued by the competent level.

2. When receiving information on an illegal act of interference in the civil aviation activities, the relevant operators of airport or aerodrome, airlines and the air traffic service providers must analyze and assess on a preliminary basis to consider and carry out the appropriate emergency scheme; report immediately the information and result of assessment and recommend the measures of handling by appropriate ways to the Civil Aviation Authority of Vietnam; mobilize their forces and means to carry out the initial handling as prescribed; in case of necessity, the Civil Aviation Authority of Vietnam shall directly steer the aviation forces to carry out the initial schemes.

3. Any measure to deal with the illegal acts of interference into the civil aviation must ensure the safety with priority for the aircraft and human life. For the flying aircraft which is illegally interfered, the relevant air traffic service provider shall prioritize the maximum assistance to ensure the safety for the aircraft in the airspace of Vietnam and the flight information region under management of Vietnam.

4. After the completion of dealing with the illegal acts at the airport or aerodrome, the bodies or units in charge must quickly take the necessary measures to put the airport or aerodrome back to normal operation and arrange for passengers to continue their journey as soon as possible.

Article 88. Emergency plan

1. The emergency plan for initial handling to the illegal acts of interference of the airport or aerodrome shall be made by the operators of airport or aerodrome and submitted to the Civil Aviation Authority of Vietnam for approval must be consistent with the overall emergency Scheme for dealing with the illegal acts of interference issued by the Prime Minister and the emergency Scheme of the aviation emergency command Committee at level of province, city and island district.

2. The managing enterprise of the flight assurance service provider shall make the emergency plan for the provider; the managing enterprise of the air traffic service provider must make the aviation response Plan and submit it to the Civil Aviation Authority of Vietnam for approval and implementation. The emergency Plan and the air traffic response Plan must be consistent with the overall emergency Scheme for dealing with the illegal acts of interference issued by the Prime Minister and the emergency Scheme of the aviation emergency command Committee at level of province, city and island district.

3. The emergency Plan and the air traffic response Plan for dealing with the illegal acts of interference are managed in accordance with privacy mode.

4. The standing office of the Security Committee of the National Civil Aviation shall coordinate with the Civil Aviation Authority of Vietnam to guide the development and implementation of emergency Plans and air traffic response Plans.

Article 89. Information management and press conference

The provision of information, statements and press conference pertaining to the illegal acts of interference and the handling shall comply with the provisions in the overall emergency Scheme for dealing with the illegal acts of interference into the civil aviation activities issued by the Prime Minister.

Article 90. Reporting regulation on dealing with illegal acts of interference

1. The operators of airport or aerodrome, airlines, air traffic service provider, managing unit of the restricted areas outside the airport or aerodrome must make the initial written report to the Civil Aviation Authority of Vietnam within 24 hour from the time of occurrence of illegal acts of interference; make reports twice a day during the time of dealing with the illegal acts of interference; make preliminary report within 24 hour from the time of completion of handling.

2. The Civil Aviation Authority of Vietnam shall report in writing to the Ministry of Transport within 24 hour from the time of receiving the report of the unit on dealing with the illegal acts of interference.

Article 91. Inform the relevant country and report to ICAO

1. The Civil Aviation Authority of Vietnam shall send the notice of information on the illegal acts of interference to the aircraft which has landed in the territory of Vietnam for the aviation authorities of the relevant country as soon as possible.

The information consists of: type of aircraft, flight number, itinerary, number of passengers and crew on the flight and requests to the relevant countries for assistance. The notice is sent to following addresses by fax:

a) The aircraft registration country;

b) The country of the aircraft operator;

c) The country whose citizens were dead, injured or seized due to the illegal acts of interference;

d) The country which has citizens as the passengers on the aircraft undergoing the illegal acts of interference

dd) ICAO.

2. The Civil Aviation Authority of Vietnam shall report to ICAO on the illegal acts of interference as follows:

a) Make preliminary report under the form specified in Appendix XXII issued with this Circular within 30 days after the case;

b) Make official report under the form specified in Appendix XXIII issued with this Circular within 60 days after the case;

Article 92. Exercise to deal with the illegal acts of interference

1. The Civil Aviation Authority of Vietnam shall coordinate with the relevant bodies and units within and outside the aviation sector to organize the exercises to deal with the illegal acts of interference at sectoral level at least every 03 years at 01 airport or 01 air traffic service provider.

2. The Civil Aviation Authority of Vietnam shall direct the operators of airport or aerodrome, Vietnamese airlines, managing enterprises of the flight assurance operation service providers, managing enterprises of the air traffic service providers to coordinate with the relevant bodies and units to organize the exercise at grassroots level at each airport and each air traffic service provider at least once for every 02 years.

3. The foreign bodies and organizations can be invited to participate in the exercise to deal with the illegal acts of interference into the civil aviation activities.

4. The Civil Aviation Authority of Vietnam shall make report to the Ministry of Transport on the organization of exercise at sectoral level.

Chapter IV

ORGANIZATIONAL SYSTEM TO ENSURE THE AVIATION SECURITY OF CIVIL AVIATION SECTOR

Article 93. Bodies and units in charge of aviation security assurance of the civil aviation sector

1. The aviation security Division of the Civil Aviation Authority of Vietnam shall advise, direct and inspect the aviation security assurance of the bodies and units in the civil aviation sector and implement the responsibilities of the aviation authorities in the field of aviation security.

2. The aviation security Division of the area aviation Authority shall monitor the compliance with the regulations of law on aviation security of the bodies, units, enterprise and individuals at the airports or aerodromes.

3. The operators of airports or aerodromes, Vietnamese airlines, air traffic service providers, enterprises manufacturing, maintaining and repairing aircrafts and aircraft equipment and the general aviation business enterprises must establish their aviation security assurance organization which is independent from the functions, duties without assuming other tasks; in the aviation security Program and Regulation sent to the Civil Aviation Authority of Vietnam for approval, it is required to specify the head of aviation security assurance organization to meet the standards of ICAO and the heads of departments of the aviation security assurance organization.

4. The head of the aviation security assurance organization and the heads of the departments of the aviation security assurance organization specified in Paragraph 3 of this Article shall take direct responsibility for the aviation security activities and have the authority and responsibility for implementation of aviation security Program and Regulation.

5. The Vietnamese airlines which operate the regular flights in foreign countries must appoint the persons who shall take responsibility for the aviation security assurance of the airlines in those countries and must inform in writing the Civil Aviation Authority of Vietnam.

6. The foreign airlines which operate the regular flights to Vietnam must appoint and inform in writing the Civil Aviation Authority of Vietnam of the persons who shall take responsibility for the aviation security of their airlines in Vietnam.

7. The head of the bodies and units shall specify the specific functions and duties of the aviation security assurance organization specified in Paragraphs 1, 2 and 3 of this Article.

Article 94. Aviation security control forces of the civil aviation sector and recruitment standards of aviation security controller

1. The aviation security control forces are the staff of the aviation security organizations of the operators of airports or aerodromes; Vietnamese airlines, air traffic service provider; enterprises manufacturing, maintaining and repairing aircraft and aircraft equipment and the general aviation business enterprises specified in Paragraphs 4, 5 and 6, Article 93 of this Circular.

2. The aviation security control forces are the forces which are in charge of aviation security assurance and perform the functions of advice, management, monitoring and take direct measures of aviation security control, prevention and dealing with illegal acts of interference and control of violation of aviation security according to regulations.

3. The operators of airport or aerodrome shall organize the aviation security control forces to take measures of aviation security assurance and provide the aviation security assurance services at the airport or aerodrome and the restricted areas of the facilities processing the cargo and postal items to be carried on board the aircraft.

4. The aviation security control forces must be trained with appropriate professional skills with the title and assigned duties according to the regulations on aviation security training of the Minister of Transport.

5. Recruitment standards of aviation security controller:

a) Being Vietnamese citizen of full 18 years or older with clear résumé, being of good health and high school graduate or with higher education level;

b) Having no previous conviction or previous offence according to regulation of law; not being drug addict (using drug or having positive result to the drugs or unallowed stimulants).

Article 95. Standards and duties of the head of aviation security assurance organization under the management of the operator of airport or aerodrome; Vietnamese airlines, air traffic service providers, enterprises manufacturing, maintaining, repairing aircraft and aircraft equipment and general aviation business enterprises

1. Standards of the head of aviation security organization (Post Holder)

a) Being Vietnamese citizen, having knowledge and experience in aviation and aviation security and having the continuous working time of at least 02 years in the field of aviation security.

b) Having certificate of completion of domestic or foreign course on training for aviation security management techniques.

2. The duties of heads of aviation security organizations under the management of the operator of airport or aerodrome:

a) Giving advices to the Director of airport to perform duties within the responsibility of the operator of airport or aerodrome specified in this Circular and other regulations of law. Taking charge of developing the aviation security Program of the operator of airport or aerodrome and effectively implementing the Program after it is approved;

b) Directing the implementation of measures and procedures for aviation security assurance and provision of aviation security assurance services; internal security control of the aviation officers; protection of specialized information system; implementing the approved emergency plan to deal with the illegal acts of interference;

c) Maintaining the contact effectively with the internal bodies and units, the aviation Authorities, airlines, aviation services providers and the relevant competent authorities at airports; taking appropriate measures to raise the awareness of aviation security and vigilance of the persons working at the airport or aerodrome;

d) Being subject to the direct instructions from the Civil Aviation Authority of Vietnam and the Director of airport in ensuring the aviation security and handling the cases of violation of aviation security;

dd) Ensuring the effective response capacity to the threats and cases of violation of aviation security; taking the remedial measures according to the aviation security recommendations or requirements from the competent state bodies;

e) Appraising and approving the dossier on issue of card or permit of aviation security control under their authority;

g) Appraising the standards and requirements for aviation security in the planning, design, new constructional design, renovation and upgrading of infrastructure system of the airport or aerodrome; recruiting the aviation security controller and procuring aviation security equipment.

h) Carrying out the prescribed control of quality of aviation security; archiving all dossiers and documents of all cases of violation of aviation security and the illegal acts of interference which occur at the airport or aerodrome.

3. The duties of the head of aviation security organization of the Vietnamese airlines:

a) Giving advice to the General Director (Chief Operating Officer) of the airlines to perform duties within their responsibilities specified in this Circular and other regulations of law; developing the aviation security Program of the airlines and effectively implementing it after it is approved;

b) Implementing the measures and procedures for ensuring the aviation security and the internal security control for the aviation officers; protecting the specialized information system and other duties within the prescribed responsibility of the airlines.

c) Maintaining the contact effectively with the internal bodies and units, the aviation Authorities, aviation security assurance organizations of the operators of airport or aerodrome, aviation service providers and the relevant competent authorities at the airport or aerodrome; taking appropriate measures to raise the awareness of aviation security of the airlines’ staff;

d) Being subject to the direct instructions from the Civil Aviation Authority of Vietnam, General Director (Chief Operating Officer) of the airlines in ensuring the aviation security and handling the cases of violation of aviation security;

dd) Ensuring the effective response capacity to the threats and cases of violation of aviation security to the airlines;

e) Directly approving the dossier to request the issue of crew identification card under the authority of the airline;

g) Appraising the standards and requirements for aviation security in operation of aircraft, aviation security equipment and information system of the airlines; recruiting the aviation security controller;

h) Controlling the quality of aviation security according to regulations; surveying and assessing the aviation security; taking measures to remedy the loopholes and shortcomings as required or recommended by the competent bodies or persons;

i) Requiring the organizations and individuals of the airlines to fully perform their obligations and responsibilities specified in the aviation security Program of the airlines;

k) Taking measures to strengthen the security control on the specific flights or itinerary;

l) Studying and clearly understanding the laws and regulations on the relevant aviation security applied in the areas and countries where the airlines have the regular flights; applying the regulations of law of Vietnam pertaining to the operation and transportation to the organizations providing the aviation services for the airlines in foreign countries.

4. The duties of the head of the aviation security organization of the enterprises manufacturing, maintaining and repairing aircraft and aircraft equipment and the general aviation business enterprises:

a) Giving advice to the General Director (Director) of the enterprises to perform duties within the responsibilities of the enterprises specified in this Circular and other regulations of law; developing the aviation security Program of the airlines and effectively implementing it after it is approved;

c) Controlling the quality of aviation security within the enterprises; being subject to the quality control of the bodies and units as stipulated in this Circular; taking measures to remedy the loopholes and shortcomings as required or recommended by the competent bodies or persons;

d) Being subject to the direct instructions from the Civil Aviation Authority of Vietnam, General Director (Director) of the enterprises in performing the duties to ensure the aviation security and handle the cases of violation of aviation security;

5. The heads of the aviation security organizations of the air traffic service providers are responsible for:

a) Giving advice to the General Director (Director) of the enterprises to perform duties within the responsibilities of the enterprises specified in this Circular and other regulations of law; developing the aviation security Regulation and effectively implementing it after it is approved;

b) Guiding and directing the full and effective implementation of measures and procedures for aviation security assurance; the internal security control for the aviation officers; protection of specialized information system and other duties within the responsibilities of the enterprises;

c) Controlling the quality of aviation security within the enterprises; assessing the threat and risks to the flight assurance service provider; being subject to the quality control of the bodies and units as stipulated in this Circular; guiding and directing the implementation of measures to remedy the loopholes and shortcomings as required or recommended by the competent bodies or persons;

dd) Archiving all dossiers and documents of all cases of violation of aviation security and the illegal acts of interference which occur at the facilities of the enterprises;

e) Appraising and requesting the approval for the dossiers on issue of card or permit of aviation security;

g) Appraising the standards and requirements for aviation security in the planning, design, new constructional design, renovation and upgrading of infrastructure system, procurement of aviation security equipment of enterprises; recruiting the aviation security controllers/

6. The persons appointed to take responsibility for the aviation security of the foreign airlines in Vietnam shall:

a) Submit the aviation security Program of their airlines and implement it after it is approved;

b) Maintain effective contact with the Civil Aviation Authority of Vietnam and the relevant units in performing duties to ensure the aviation security and handle the relevant aviation security incidents; take appropriate measures to raise the awareness of aviation security of the staff of the airlines;

c) Require the organizations and individuals of the airlines to fully perform duties and obligations specified in the aviation security Program of the airlines.

Article 96. Permit issue, renewal, addition and restoration of professional capacity certificate of the aviation security controller

1. The aviation security controllers are the persons who directly check, scan, monitor and search for aviation security including the controllers, scanning officers and mobile officers. When performing duties, they must have their valid permit and professional capacity certificate issued by the Civil Aviation Authority of Vietnam.

2. The validity of the aviation security controller is 07 years. The validity of professional capacity certificate of the scanning officer is 12 months and 24 months for mobile officer and controller. In case of not performing work specified in the professional capacity certificate for 06 months consecutively, the issued professional capacity certificate shall be invalidated and must pass the examination for re-issue of professional capacity certificate.

3. The aviation security controller shall be issued with the permit and professional capacity certificate when meeting the following conditions:

a) Meeting the standards as stipulated by the Minister of Transportation for the aviation officer and the aviation security controller; having appropriate professional certificate; having the time of practice of appropriate professional skills of at least 01 month with the certification from the managing body;

b) Attending the examination for the issue of permit and professional capacity certificate of aviation security held by the Committee of examination for issue of permit and professional capacity certificate to the aviation security controller of the Civil Aviation Authority of Vietnam; getting the score of 85 points or more and must not get 0 (zero) point;

4. The dossier for the first issue of permit consists of:

a) The written request for issue of permit and professional capacity certificate to the staff of bodies and units under the form specified in Appendix V issued with this Circular;

b) The certified copy or copy attached to the original of appropriate professional diploma and certificate for comparison;

c) Two 3x4 color front photos, eyes looking straight ahead, clear helix (photo taken on white background in the last 06 months to the day of dossier submission);

5. The dossier for re-issue of expired, lost or damaged permit consists of:

a) The written request for re-issue of permit and professional capacity certificate to the staff of bodies and units under the form specified in Appendix V issued with this Circular;

b) The original of permit if it is expired or damaged. In case of loss, there must be the written certification of the head of unit;

c) The copy of result of appropriate periodical training (if the permit is expired);

d) Two 3x4 color front photos, eyes looking straight ahead, clear helix (photo taken on white background in the last 06 months to the day of dossier submission);

6. Dossier for renewal, addition and restoration of professional capacity certificate consists of:

a) The written request for renewal, addition and restoration of professional capacity certificate of the units or bodies under the form specified in Appendix V issued with this Circular;

b) The copy of result of appropriate periodical training in line with the professional capacity certificate requested for renewal and restoration;

c) The certified copy or copy attached to the original of appropriate professional diploma and certificate for comparison in case of addition of professional capacity certificate;

d) The original of permit of security controller.

7. The procedures for issue of permit and professional capacity certificate:

a) Dossier for first issue or re-issue of permit, renewal or addition of professional capacity certificate of the security controller is sent directly or by post or by other appropriate ways to the Civil Aviation Authority of Vietnam.

b) The Civil Aviation Authority of Vietnam shall verify the dossier, check and issue or re-issue the permit, renew, add or restore the professional capacity certificate to the aviation security controller within 30 days for the first issue of permit, re-issue of expired permit, renewal, addition or restoration of professional capacity certificate; within 10 days for the re-issue of lost or damaged permit from the date of receiving prescribed complete dossier;

c) Where the dossier is not complete, within 02 working days, the Civil Aviation Authority of Vietnam must inform in writing of the incomplete contents and require the requester to add and complete the dossier or inform the issue denial and specify the reasons.

8. The permit of aviation security controller shall be revoked by the Civil Aviation Authority of Vietnam in the following cases:

a) Revoked when no longer eligible for issue of permit as stipulated in Paragraph 3 of this Article;

b) Revoked for a maximum of 01 month in the cases: being disciplined and reprimanded; making mistakes of professional skills but not yet causing consequences of insecurity and unsafety; drinking alcohol or beer while on duty;

c) Revoked for a maximum of 03 months in case of being disciplined or reprimanded for the second time or being cautioned;

d) Revoked for a maximum of 06 months in case of performance of duty not in line with the professional skills issued with permit or professional capacity certificate;

dd) Permanently revoked in cases: using or having positive result for the drugs or unallowed stimulants; committing acts of violation or making mistakes of professional skills causing the consequences of aviation insecurity and unsafety at the airport or aerodrome; having acts of concealing the offence of regulation on aviation security and safety.

9. The persons whose permit of aviation security controller specified under Points b, c and d, Paragraph 8 of this Article is revoked must pass the examination to be re-issued with the permit.

Article 97. Assessing the quality of aviation security controller

1. On aviation security yearly basis, the head of unit managing the aviation security controllers must assess in writing the aviation security controllers on the following contents:

a) Professional capacity;

b) Compliance with the rules and regulations of the units or bodies;

c) Responsibility and serving attitude in duty performance.

2. The assessment specified in Paragraph 1 of this Article is the grounds for classifying the aviation security controller at 04 levels: excellent, good, average and weak. The result of classification is the grounds for allotment, training and re-training for the aviation security controllers. In case of weak level, there must be the measures and time limit for remedy or transfer out of the aviation security control forces.

3. The written assessment and classification of aviation security controller must be kept at the managing unit.

Chapter V

WORKS, EQUIPMENT, MEANS, WEAPONS AND SUPPORT TOOLS IN SERVICE OF AVIATION SECURITY ASSURANCE

Article 98. Security requirements for the design and building of airport or aerodrome and aviation works

1. The investors who build, renovate, upgrade and repair the aviation works and airport infrastructure upon project formulation, survey and constructional design must follow the requirements and standards of aviation security specified in this Circular.

2. The bodies having the authority to appraise and approve the technical design, construction drawing design and estimate of construction, renovation, upgrading or repair of aviation works, airport or aerodrome infrastructure must appraise the requirements and standards of aviation security to ensure the compliance with the provisions in this Circular.

Article 99. Works in service of aviation security assurance

1. The works in service of aviation security assurance of the airport or aerodrome consist of:

a) The works in service of security assurance of airport belt: fence, patrol road, intrusion alert system, lighting system, sentry box, gate, door, aviation security checkpoint, lighting system of aircraft apron at night;

b) The gate, door, aviation security checkpoint at the entrance to the apron and the gate, door and aisle from the public areas to the restricted areas;

c) The airport emergency coordination Centre, isolated parking location for aircraft; vault for treatment of bomb, mine or dangerous items; assembly areas of passengers, luggage and cargo in case the aircraft is illegally interfered;

d) The security monitoring camera system of the whole terminals, aprons and roads adjacent to the terminals and the camera system control and monitoring room;

dd) Point (area) of aviation security check for the passengers, luggage and cargo including the search and visual check room at the terminals;

e) Duty room of the aviation security control forces, aviation Authority at terminal and room for control of passengers who are denied entry at the international terminal.

2. The works in service of aviation security assurance located outside the aerodrome and terminal consist of:

a) The fence, belt lighting system, security monitoring camera system of the whole restricted areas and the fence separating the restricted areas from the public areas.

b) The sentry box, gate, door and aviation security checkpoint at the entrance to the restricted areas from the public areas.

3. Requirements for works in service of aviation security assurance:

a) The works in service of aviation security assurance must be checked and maintained in line with the standards, regulations and provisions of law and must have documents and records; when there is any damage, it must be repaired in a timely manner.

b) The security fence between the restricted areas and the public areas must be able to stop and alert the intrusion through the fence;

c) The number of gates and doors to the restricted areas from the public areas must be limited to the necessary minimum level;

d) Ensuring the separation between the passengers, luggage, cargo and postal items that have been checked for aviation security and the passengers, luggage, cargo and postal items that have not yet been checked for aviation security;

dd) Location of emergency center; isolated parking location for aircraft; vault for treatment of bomb, mine and dangerous items; assembly areas of passengers, luggage and cargo in case the aircraft is illegally interfered must be convenient for the handling of emergency circumstances and implementation of emergency plans;

e) Ensuring the separation of flow of passenger on departure, arrival, interline transfer and in transit; flow of domestic and international passengers and cargo;

g) Area with aviation security checkpoint for the passengers and luggage must have sufficient area to avoid the congestion and ensure the convenience for the check and scanning of passengers and luggage;

h) The isolated area must be absolutely separated to the public areas or other restricted areas by the durable materials;

i) Using the appropriate raw materials to minimize losses and damages for the staff and equipment of the airport or aerodrome upon occurrence of fire or explosion;

k) By 2020, the airports or aerodromes which have been built but not yet have works in service of aviation security must fully meet the provisions in Paragraph 1 of this Article.

4. The requirements and standards of the fence, gate, door, barrier, lighting system, camera system, sentry box, security patrol road are specified in Appendix XI issued with this Circular.

Article 100. Equipment and means of aviation security assurance

1. The equipment and means of aviation security assurance consist of:

a) X-ray scanner, magnetic sensory door, portable metal detector, dedicated instrument for detection of explosive, weapons and dangerous items;

b) Vehicles used for patrol; voice and video recorder, equipment used for observation and identification, detection of dedicated false papers and documents; equipment used for the issue of card or permit of aviation security control;

c) The means and equipment of communication in service of command, operation and dealing with the illegal acts of interference; helmet, armor and dedicated equipment and tools to deal with the illegal acts of interference; vault and equipment used for handling bombs, mines and dangerous items;

d) The tools and equipment used for testing, training and aviation security training, weapons and support tools.

2. Requirements for the equipment and means of aviation security assurance:

a) The equipment and means specified in Paragraph 1 of this Article must meet the standards and regulations in accordance with regulations of law;

b) The X-ray scanning system must have the combined test piece of the manufacturer; magnetic sensory door, portable metal detector or explosive detector must have the combined test piece of the manufacturer or the operating unit;

c) The equipment system used for the issue of card and permit of aviation security control must ensure the uniformity and consistency in the whole sector;

d) The equipment and means specified in Paragraph 1 of this Article must have documents and records; the system of X-ray scanner must be issued with the radiation safety permit by the competent authorities.

dd) The aviation security equipment must meet the advance technologies in the world upon procurement.

Article 101. Provisions on operation and maintenance of aviation security equipment and means

1. Operation, management, maintenance of equipment and means of aviation security assurance must follow the provisions of the manufacturer and the unit operating and using the equipment and means; there must be books to follow the failure, repair and maintenance of equipment and means.

2. The image data from the X-ray scanner and security monitoring camera must be kept at least 90 days. The image data from the X-ray scanner and security monitoring camera pertaining to the illegal acts of interference and cases of violation of aviation security must be kept at least 05 years.

3. The X-ray scanner, magnetic sensory door and portable metal detector must be checked by the combined test piece before used on a daily and weekly basis or stopped due to power failure.

a) For the X-ray scanner: Check is required; the steps of check and recording of check result under the form specified in Appendix XVIII issued with this Circular;

b) For the magnetic sensory door: Check is required; the mode of check and recording of check result under the form specified in Appendix XIX issued with this Circular;

c) For the portable metal detector: Check is required; the mode of check and recording of check result under the form specified in Appendix XX issued with this Circular;

4. The X-ray scanner, magnetic sensory door, portable metal detector, explosive detector, security monitoring camera and intrusion alert system must be maintained periodically according to the regulations of the manufacturer to ensure the stable operation of the equipment. When the aviation security equipment is check and does not meet the standards, it must be used or operated. The book for regular or irregular check, maintenance and repair must be clearly and correctly recorded and must have the following information:

a) Name of equipment, location, installing person and time of installation;

b) Date, month and year of check or maintenance; contents and result of check and maintenance; name of technician performing the check or maintenance.

5. Periodically in December of each year, the bodies and units managing the operation of security equipment must report in writing to the Civil Aviation Authority of Vietnam on the management of aviation security equipment; classify the number, quality and equipment; update the new, damaged or destroyed equipment.

6. The unit managing the operation of security equipment is responsible issuing the procedures for management, operation, check and maintenance of aviation security equipment.

Article 102. Management and use of weapons and support tools

1. The operators of airport or aerodrome, Vietnamese airlines, air traffic service providers, enterprises manufacturing, maintaining and repairing the aircraft and aircraft equipment and other aviation service providers shall carry out the procedures for being issued with the permit of equipment, use of weapons and support tools according to regulations of law.

2. The aviation security controllers who are equipped with the weapons and support tools must have the permit of use while on duty and present it to the competent authorities as required; when they travel on business outside their bodies or units, if they are allowed to bring their weapons or support tools, they must bring the permit of use and permission for business of the head of body or unit and the personal papers for presentation upon check by the competent authorities. The use of weapons or support tools must follow the regulations of law.

3. Subjects who are equipped and use the support tools:

a) The subjects specified under Points a, b, d and dd, Paragraph 4 are equipped and use the bulletproof helmet, bulletproof vest, shield, power gloves; tear gas grenade, tear gas gun, plastic or rubber bullet gun, means of pepper spray, anesthetic spray, electric rod, electric club, rubber club, 'figure-8’ handcuffs;

b) The level of head and deputy head of the Center (Group, Team), the security officers while patrolling and watching at the sentry-box of the area of runway, taxiway, gate, door adjacent to the aerodrome, restricted areas, public areas (terminal, parking lot) shall be equipped with the tear gas gun, plastic or rubber bullet gun, electric rod, electric club, rubber club and 'figure-8’ handcuffs.

c) The level of head and deputy head of the Center (Group, Team), the aviation security controllers shall be equipped with or can use the tear gas gun, plastic or rubber bullet gun, electric rod, electric club, rubber club, 'figure-8’ handcuffs when strengthening the security assurance for the flights, enforcing and escorting the passengers who cause disturbance or are denied entry;

d) While on duty at the aviation security checkpoint for the passengers, luggage and cargo, the leader of duty shift shall be equipped with or can use the tear gas gun, electric rod, electric club, rubber club;

dd) When checking, monitoring or escorting the cargo outside the airport or aerodrome, the level of head and deputy head of the Center (group, team), the aviation security controllers shall be equipped with or can use the electric rod, electric club, rubber club;

4. The subjects stipulated below shall be equipped with or can use the military weapons while on duty:

a) The aviation security controllers when dealing with the illegal acts of interference which occur at the airport, aerodrome or on aircraft;

b) The aviation security controllers while on duty during the time to take the measures to strengthen the aviation security at level 2 and 3;

c) The level of head and deputy head of the Center (Group, Team);

d) The mobile security officers and the security controllers performing duties of patrolling and watching at night;

dd) The air security officers shall be equipped with appropriate gun and ammunition for use on aircraft.

5. Preservation of weapons and support tools:

a) The level of head and deputy head of the Center (Group, Team) and the aviation security controllers shall be equipped with weapons and support tools while on duty must strictly follow the regulations on check and preservation of equipped weapons and support tools. When completing duties or duty shift, they must hand over the weapons and support tools to the person in charge for management or to the persons who are on duty of the next shift. The handover of weapons and support tools must be done closely and recorded in the book with the signature of the recipient and the deliverer;

b) For the weapons and support tools regularly used, the units equipped with the weapons and support tools must have the cabinet to hold the specific weapons and support tools and maintain the daily maintenance mode and check the preservation quality at weekend;

c) For the weapons and support tools irregularly used, there must be person in charge of preservation and separate cabinet or storage. The storage must meet the technical requirements for fire safety and prevention with the rule of entry and exit; the weapons and support tools stored must be lubricated regularly, rationally arranged and each type and brand are separated. On the yearly basis, the units and bodies must perform the technical check and maintenance on a periodical basis and maintenance procedures of the manufacturer;

d) The persons in charge of preservation of weapons and support tools must have good moral qualities, are responsible and have been given the basic training for preservation and use of weapons and support tools; strictly follow the regulations on check, preservation and have books to monitor the preservation of weapons and support tools.

6. The level of head and deputy head of the Center (Group, Team) and the aviation security controller must have certificate of basic training for preservation and use of weapons and support tools issued by the police, army authorities or the units allowed according to regulations of law to be eligible for being equipped with the weapons and support tools

7. Periodically in December of each year, the bodies and units equipped with the weapons and support tools must report in writing to the Civil Aviation Authority of Vietnam on the management of weapons and support tools and training for preservation and use of weapons; classify the number and quality of weapons and support tools and validity of permit of use; new, damaged or destroyed weapons and support tools

8. The bodies and units managing and using the weapons and support tools must issue the regulations on management, use, preservation, check and maintenance of weapons and support tools

Chapter VI

QUALITY CONTROL OF AVIATION SECURITY

Article 103. Inspection, survey, testing, assessment and investigation of aviation security

1. The Civil Aviation Authority of Vietnam shall make inspection, survey and carry out the secret and public tests and investigation at all airports or aerodromes, aviation service providers, airlines and means, equipment of civil aviation on a national scale. The aviation Authorities shall make inspection, survey and carry out the secret and public tests and investigation at all airports or aerodromes, aviation service providers, airlines and the means, equipment of civil aviation under their management. The operators of airports or aerodromes shall make inspection, survey and carry out the secret and public tests and internal investigation at the airports or aerodromes under their management. The enterprises having the aviation security Program and Regulation shall make inspection, survey and carry out the secret and public tests and internal investigation and assessment according to regulations.

2. The inspection, survey, testing, assessment and investigation of aviation security are carried out under the Plan for quality control on a yearly or irregular basis if deemed necessary. Do not carry out the testing for the flying aircrafts or special aircraft flights.

3. The Plan for quality control of aviation security on a yearly basis consists of the inspection, testing and assessment made based on the assessment of risks and human resources and allocated funding and other relevant factors and must ensure the consistency and without overlapping in the whole sector, the confidentiality of the secret testing activities. The development of plan is as follows:

a) Annually before the 15^th date of October, the aviation Authorities shall develop the Plan for quality control of aviation security for the next year and report it to the Civil Aviation Authority of Vietnam;

b) Annually before the 30^th date of October, the Civil Aviation Authority of Vietnam shall issue the Plan for quality control of aviation security for the next year of the Civil Aviation Authority of Vietnam and the aviation Authorities and send it to the units and enterprises having the aviation security Program and Regulation;

c) Annually before the 30^th date of November, based on the Plan for quality control of aviation security of the Civil Aviation Authority of Vietnam and the aviation Authorities, the operators of airports and aerodromes and the enterprises having the aviation security Program and Regulation shall develop and issue the internal Plan for quality control of aviation security and report it to the Civil Aviation Authority of Vietnam and the relevant aviation Authorities for monitoring.

4. The inspection, examination, testing and assessment and the irregular survey and investigation shall be decided by the competent persons as deemed necessary.

5. The Civil Aviation Authority of Vietnam shall issue the Handbook for quality control of aviation security to effectively and uniformly implement in the whole sector.

Article 104. Requirements for the inspection, examination, testing and assessment, survey and investigation of aviation security

1. The requirements for the inspection, examination, testing and assessment, survey and investigation of the Civil Aviation Authority of Vietnam and the aviation Authorities.

a) There is a decision to set up a team from the competent person. The plan for examination, testing, survey and investigation must be approved by the person who issues the team setup decision.

b) The team leader shall develop the plan for the examination, testing and assessment, survey and investigation and report the implementation result to the person who issues the team setup decision within 10 working days after the completion of examination, testing and assessment, survey and investigation;

c) The team leader shall suspend under his authority or request the competent person to suspend the activities of the persons who commit acts of violation or the equipment which fails to ensure the safety standards of aviation security while performing the examination, testing and assessment, survey and investigation.

d) After 15 working days after the completion of examination, testing and assessment, survey and investigation, the person who issues the team setup decision must send the written conclusion specifying the loopholes and shortcomings and require or recommend the remedy if any;

dd) After 10 working days after receiving the conclusion of examination, testing and assessment, survey and investigation, the units which are subject to the examination, testing and assessment, survey and investigation must send the plan for remedy of loopholes and shortcomings specifying the remedial measures, the individuals and organizations responsible for remedy and the time of remedy completion.

e) After 05 working days after receiving the remedy plan, the person who issues the team setup decision must give a written feedback on the plan for remedy of loopholes and shortcomings to the units stating the approval or disapproval for each content. For the disapproved contents, discussion shall be made with the units; in case of failure to come to an agreement, the person who issues the team setup decision shall make his decision.

2. The requirements for the examination, testing and assessment and investigation of the operators of airports or aerodromes, airlines and other enterprises having the aviation security Program and Regulation:

a) Must have the plan for examination, testing and assessment and investigation approved by the head of aviation security assurance organization;

b) After 10 working days after the completion of internal examination, survey, testing and investigation, the assessment must issue the conclusion and plan for remedy of loopholes and shortcomings after the examination, survey and investigation specifying the remedial measures, the individuals and organizations responsible for remedy and the time of completion of remedy if any;

c) After 15 days, the conclusion of examination, survey, testing and investigation and the plan for remedy of loopholes and shortcomings must be sent to the Civil Aviation Authority of Vietnam and the relevant aviation Authorities. For the conclusion of the assessment which must be sent to the units subject to the assessment, the aviation Authorities and the Civil Aviation Authority of Vietnam;

d) The expenses of assessment of the Vietnamese airlines at the foreign airlines shall be born by the airlines and the Civil Aviation Authority of Vietnam must be involved in the assessment. The assessment of the foreign authorities and the airlines in Vietnam must be permitted by the Civil Aviation Authority of Vietnam.

3. The aviation Authorities, operators of airport or aerodrome, airlines and enterprises having the aviation security Program and Regulation shall send the report on the result of implementation of quality control of aviation security to the Civil Aviation Authority of Vietnam before the 10^th date of December of each year.

4. The dossier and documents of inspection, examination, survey, testing, assessment and investigation of aviation security must be managed and archived in accordance with regulations of law on archive.

Article 105. Testing of aviation security

1. The secret testing must ensure the confidentiality of contents, time, location, plan, scheme and the entire process of testing. Only the members of the team have the right to make public. For the public testing, the contents, time, location of testing must be informed in advance to the units which are subject to the testing. Based on the approved testing plan, the testing team leader shall develop the implementation scheme for each specific test.

2. It is required to ensure the security and safety for people, properties and activities of the tester and the subjects to be tested during the testing. When the secret testing is discovered, the tester must present the testing decision immediately with the card of aviation security supervisor or personal papers with photo of the tester to the tested subject for information. The tested subject must cooperate and ensure the security and safety for tested people, means and objects.

3. Right after the completion of testing, the tester must make a record of the result of the testing and request the tested person to sign the record. Upon the completion of testing, the testing team leader must hold a meeting with the relevant composition at the tested unit to draw on experience, explain and comment and preliminarily inform the result of testing to the head or authorized representative of the tested units

4. The secret testing is permitted to use the persons in the police and army forces or passengers with good record and reliability to ensure the confidentiality factors and effectiveness of the testing.

Article 106. Remedy of loopholes and shortcomings through examination, survey, testing, assessment and investigation

1. During the time of examination, survey, testing, assessment and investigation, if deeming that the loopholes and shortcomings must be remedied immediately or they shall cause the insecurity and unsafety, the team leader shall make a record and require the immediate remedy or transfer the case to the competent person to suspend the activities to ensure the security and safety.

2. After receiving the assessment conclusion, including the recommendation for remedy of loopholes and shortcomings, the unit subject to the assessment must develop the remedy plan and report it to the Civil Aviation Authority of Vietnam; In case of incorrect conclusions or recommendations, the unit subject to the assessment shall send a written feedback to the organization carrying out the assessment and the Civil Aviation Authority of Vietnam.

3. The department controlling the quality of aviation security of the body issuing the written feedback on the plan for remedy of loopholes and shortcomings must follow, examine and assess the reality of implementation of remedy plan and report the result to the head of the body or unit.

4. In case of failure to remedy in accordance with the approved plan, the department controlling the quality of the body issuing the written feedback on the plan for remedy of loopholes and shortcomings shall consider and recommend the application of necessary sanction to ensure the remedy.

Article 107. Provisions on aviation security Supervisors, internal security Supervisors and the persons issued with the Card and Permit of the Security Committee of the National Civil Aviation

1. The aviation security supervisor is the officer employed by the aviation Authority and the Civil Aviation Authority of Vietnam and in charge of controlling the quality and supervision of aviation security and is appointed and issued with the card of aviation security supervisor by the Civil Aviation Authority of Vietnam. The form of the card is under the form specified in the Appendix XXI issued with this Circular.

2. The aviation security supervisor shall have the following powers when performing duties:

a) Approach and go on board the aircraft and enter any restricted area at the airport or aerodrome, aviation service providers, works, equipment and means;

b) Have the right to require the organizations and individuals to provide the relevant papers, documents or objects; seize the relevant permit or card of aviation security control of the violating officer; suspend the operation of the violating equipment or means causing threat to the aviation security;

c) Require the responsible person to take remedial measures immediately; make a record of violation and transfer the case to the competent person for handling according to regulations of law.

3. The internal security supervisor is the officer employed by the enterprises with the aviation security Program and Regulation and is appointed and issued with card by his enterprise which stipulates the power and responsibility for the internal security supervisor while on duty. The form of card of internal security supervisor must be informed to the Civil Aviation Authority of Vietnam and the relevant aviation Authority.

4. The members of the Security Committee of the National Civil Aviation and the officials of the standing Office issued with the cards; the means of the bodies and units directly serving the members of the Security Committee of the National Civil Aviation issued with the Permit have the powers and duties as follows:

a) Perform the inspection, supervision and assessment of compliance with regulations on national aviation security assurance at the aviation service providers;

b) Approach and enter the restricted areas, vehicle, equipment and aircraft within the range of aviation security supervision as stipulated in the civil aviation security Program and quality control of aviation security; enter and exit the emergency command Center and the scene areas of illegal acts of interference in the civil aviation activities;

c) Use the card or permit for the right purposes and duties pertaining to the aviation security assurance; present the valid card when performing duties in the restricted areas of the civil aviation sector;

d) The vehicles with the Permit of national aviation security Committee entering and exiting from the public areas of the airport or aerodrome are exempted from the revenues upon duty performance.

5. The aviation security supervisor, the internal security supervisor and the persons issued with the card of the Security Committee of the National Civil Aviation must take responsibility for their activities when on duty; use the card in accordance with their duties and powers according to regulations of law.

6. The standards of aviation security supervisor:

a) Having extensive knowledge and experience in the field of appointment;

b) Having the working time in the field of aviation security at least 3 years or 02 years if having worked in the police and army forces;

c) Having completed the professional course of aviation security supervisor and issued with the certificate according to regulations.

7. The standards of internal security supervisor:

a) Having the working time in the field of aviation security at least 2 years or 1 year if having worked in the police and army forces;

b) Having completed the professional course of aviation security supervisor and issued with the certificate according to regulations.

Article 108. Building of aviation security database

1. The Civil Aviation Authority of Vietnam shall do the statistics and build the aviation security database uniformly in the whole aviation sector. The aviation security database must be protected and prevent the unauthorized access; only the organizations and individuals that must be permitted by the Civil Aviation Authority of Vietnam to access and use it. The aviation security database consists of:

a) The illegal acts of interference and cases of violation of aviation security;

b) The subjects which must be visually checked, denied transportation due to reasons of security or banned transportation by air;

c) The loopholes and shortcomings through the supervision and the inspection, examination, testing, survey, assessment and investigation of aviation security;

d) The card or permit of aviation security control;

dd) The infrastructure system, equipment, weapons and support tools;

e) The organizational system, aviation security control forces and permit of aviation security controller.

2. The Civil Aviation Authority of Vietnam shall organize the management of aviation security database; the aviation Authorities, the enterprises having the aviation security Program and Regulation must regularly make statistics and update the contents specified in Paragraph 1 of this Article into the database.

3. The Civil Aviation Authority of Vietnam shall provide instructions on the statistics, report, updating, operation, management and use of aviation security database.

Article 109. Risk management of aviation security

1. The risks of aviation security are the potential threats in a definite period of time for the aviation security assurance, including: the threats from types of crime, loopholes and shortcomings in the aviation security system; illegal acts of interference and violation of aviation security which occurred.

2. Risk management of aviation security is the collection, assessment and determination of degree of potential threat to set forth the measures to control the aviation security in proportion to the defined degree of threat.

3. The Civil Aviation Authority of Vietnam shall set up the voluntary and secret reporting system to collect the aviation security information from the source of passengers, crew and staff in the civil aviation sector and the other appropriate sources in service of quality control and risk management of aviation security.

4. The Civil Aviation Authority of Vietnam shall coordinate with the relevant bodies and units to assess and determine the degree of potential threats to the aviation security in the whole sector once a year; direct the assessment and determine the degree of potential threats for the aviation security of the airports or aerodromes, the Vietnamese airlines and the aviation service providers.

5. The aviation Authorities shall coordinate with the relevant bodies and units to assess and determine the degree of potential threats to the aviation security assurance at airports or aerodromes for once every 06 months.

6. The Vietnamese airlines and the air traffic service providers shall assess and determine the degree of potential threats to the aviation security assurance of the firms and enterprises for once every 06 months.

7. The result of assessment and determination of degree of potential threats is sent to the relevant bodies and units to consider the amendment or addition of necessary standards and measures of aviation security control in the aviation security Program and Regulation and in the other relevant provisions.

8. The bodies and units specified in Paragraphs 4, 5 and 6 of this Article shall set up the risk assessment Committee and issue the duties and operational mechanism of the Committee to perform the assigned duties. The members of the Committee shall work on the part-time basis.

Chapter VII

RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS IN AVIATION SECURITY ASSURANCE

Article 110. Responsibility of the Civil Aviation Authority of Vietnam

1. Performs the duties and powers of the aviation Authorities for the aviation security assurance according to regulations of law; gives advices to the Minister of Transport to perform the state management to ensure the security assurance for the civil aviation; submit the policies and legal normative documents to the Minister or the levels of authority for issue; Vietnamese aviation security Program, Vietnamese aviation security training Program, Program for quality control of Vietnamese aviation security; technical standards and regulations in the field of aviation security assurance.

2. Approves and supervises the implementation of aviation security Program and Regulation of the operators of airport or aerodrome, airlines, air traffic service providers, facilities manufacturing, maintaining, repairing aircrafts and aircraft equipment, aviation service providers at the airport or aerodrome, facilities processing cargo and postal items to carry them on board the aircraft.

3. Issues, recognizes and monitors the implementation of:

a) The basic standards, procedures, directives, guidelines, professional documents and recommendations for aviation security;

b) The directions and emergency measures including the temporary stop of flight activities at the aerodrome, suspension of flights and activities of the means, equipment, aviation officers, operators of aircraft operator, air traffic service providers, facilities manufacturing, maintaining, repairing aircrafts and aircraft equipment, aviation service provider at the airport or aerodrome and facilities processing cargo and postal items to carry them on board the aircraft to ensure the aviation security;

c) The form of card and permit of aviation security control; card of aviation security supervisors; permit and professional certificate for the aviation security staff and aviation security controllers;

d) The list of dangerous items banned or restricted to carry along or put in the luggage on board the aircraft must comply with the technical instructions and requirements of ICAO.

4. Issues and monitors the issue of cards or permits of aviation security control;

5. Requires the bodies and units to change the form, contents of card or permit of aviation security control when the assessment indicates the risks of aviation security.

6. Participates in appraisal and assessment on the application of standards and requirements for aviation security in constructional design and renovation of airports or aerodromes.

7. Organizes the investigation, verification and directs the handling of violations and threats of aviation security; monitors the implementation of emergency measures including the suspension of flights and activities of means, equipment and aviation officers to ensure the aviation security.

8. Directs the units in the civil aviation sector to take measures to initially deal with the illegal acts of interference in the civil aviation activities, take emergency measures in service of security, national defense, national emergency; re-assess the security measures and procedures upon occurrence of illegal acts of interference and set forth the remedial measures to prevent the recurrence of the similar acts.

9. Directs the units in the civil aviation sector on the aviation security assurance, including:

a) Taking the measures of prevention and dealing with the illegal acts of interference in the civil aviation activities; emergency measures in service of security, national defense and national emergency;

b) Carrying out the emergency exercise of aviation security and quality control of aviation security;

c) The organizational system of specialized force ensures the aviation security in the civil aviation sector to meet the standards of ICAO.

d) Controlling the internal security, information security; handling, drawing on experience, explaining and commenting the cases of violation of aviation security.

10. Directs the aviation Authorities to perform the functions of inspection and supervision of compliance with the civil aviation security at the airports or aerodromes.

11. Carries out the examination, testing, issue, suspension and revocation of permit and professional capacity certificate to the aviation security controller; issues or revokes the card or permit of security control of airport or aerodrome as stipulated in this Circular; appoints, suspends, issues and revokes the card of aviation security control.

12. Carries out the inspection, examination, testing, investigation and survey of compliance with the regulations of law on aviation security of the bodies, organizations and individuals involved in the civil aviation activities; issues the necessary recommendations and directives to prevent and stop the aviation security incidents; sanctions the administrative violation for the violations of aviation security; inspects and supervises the handling, remedy, explanation and comment about the violations of aviation security.

13. Sets up the system of report, information collection, analysis and assessment of risks of threat to the aviation security; decides on application of measures, procedures for prevention of aviation security in line with the risks of threat.

14. Assesses and decides not to permit the implementation of civil flights in the following cases:

a) The failure to ensure the requirements of law on aviation security assurance at airports and aerodromes of Vietnam;

b) The flights of airlines fail to comply with the regulations on aviation security assurance;

c) The flights departing from the foreign airports or aerodromes fail to ensure the compliance with the standards of ICAO on aviation security.

15. Is the focal point of international relationship and cooperation on aviation security of Vietnam with ICAO, the relevant international organizations and the countries and shall:

a) Coordinate with the relevant bodies and units of Vietnam in the international cooperation activities on aviation security;

b) Receive, provide and exchange information, documents and experiences in aviation security with ICAO and foreign nations, organizations and airlines;

c) Decide to take measures of aviation security as required by the foreign nations and airlines, including the survey and assessment of aviation security;

d) Inform ICAO of difference between the law of Vietnam on aviation security with the standards of ICAO.

16. Controls the application of regulations of law on the price of aviation security assurance services to ensure the application of service prices in line with the regulations and reality.

17. Agrees to exempt the aviation security check for the passengers, luggage and cargo and take responsibility in the cases required by the competent authorities of the Office of the Central Committee of the Communist Party, Office of the President, Office of the National Assembly, Office of the Government, the Commission for Foreign Relations of the Party Central Committee, Ministry of Foreign Affairs, Ministry of Public Security and the Ministry of Defense.

Article 111. Coordination responsibility of the Civil Aviation Authority of Vietnam

1. Coordinates with the bodies and units of the Ministry of Public Security and the Ministry of Defense to:

a) Provide the professional training, direction and instructions for the aviation security control forces;

b) Receive, exchange and process information on the reality of security, politics, social order and safety; conspiracy, method and tricks of terrorists, types of crime and illegal interference conspiracy; assessment of risks and threats to the civil aviation activities;

c) Ensure the security for commercial flights with the subjects of special aircraft in accordance with the regulations on special aircraft flights;

d) Coordinate with the relevant competent bodies of the Ministry of Public Security and the Ministry of Defense to comply with the regulations of law on national security, defense, people’s police, terrorism prevention and control and other relevant laws pertaining to the aviation security;

dd) Sign and implement the Regulation on coordination with the relevant competent authorities of the Ministry of Public Security and the Ministry of Defense in aviation security assurance;

e) Coordinate with the competent security bodies of the Ministry of Public Security to control the identity of the aviation officers in order to detect the acts of law violation and threat to aviation security and safety.

2. Coordinate with the bodies and units of the Ministry of Foreign Affairs to:

a) Deal with the relevant issues where the aircraft bearing the Vietnamese nationality is illegally interfered in foreign country and the aircraft bearing the foreign nationality is illegally interfered in Vietnam;

b) Exchange and process information with foreign elements pertaining to the illegal interference in the civil aviation activities.

3. Coordinate with the aviation emergency command Committee at level of province, city and island district to organize the exercises to deal with the illegal acts of interference at prescribed sectoral level and national level.

4. Coordinate with the General Department of Customs in aviation security assurance and prevent and control of smuggling and illegal transportation on the international flights; directs the arrangement of general scanning equipment between the aviation security control force and customs.

Article 112. Responsibility of aviation Authority

1. Inspects and supervises the compliance with regulations of law on aviation security assurance; the aviation security Program and Regulation; application of measures of aviation security assurance and provision of aviation security assurance services at the airports and aerodromes; handling of violation of aviation security, public order at the airports and aerodromes. Deals with the illegal acts of interference at the airports and aerodromes according to regulations.

2. Decides on suspension of flights and requires the aircraft to land where the flight violates the regulations on aviation security, detects the flight has signs of threat to the aviation security and safety; allows the suspended aircrafts to continue their flights; temporarily seizes aircraft in case of failure to remedy the violations on aviation security; suspends the duty performance and collects the card of aviation security control and the aviation work permit of those who violate the regulations of law on aviation security assurance.

3. Imposes sanction for administrative violations which occur at the airports or aerodromes under its authority in the field of aviation security; transfers the cases of violation beyond its authority to the relevant competent authorities.

4. Issues and manages the card and permit of security control of airports or aerodromes under the management of the aviation Authority.

5. Coordinates with the state management bodies operating at the airports or aerodromes to deal with the arising difficulties and problems, ensure the security, order and normal activities of the airports or aerodromes; assesses the issues of aviation security assurance at the airports or aerodromes in the regular or irregular meetings between the state management bodies and the organizations operating at the airports or aerodromes. The Director of aviation Authority shall decide and take responsibility for the arising issues on aviation security assurance which the relevant state management bodies at the airports or aerodromes fail to agree with each other the way to handle and make report to the Civil Aviation Authority of Vietnam.

6. Coordinates with the relevant bodies and units to exchange and grasp the reality of security, order, crime and other violations pertaining to the airports or aerodromes.

7. Receives, transmits, use and process the API information and data (advance passenger information) according to regulations; sends notice to the airlines and private flight operators of the provision of API data as prescribed by law.

Article 113. Responsibility of the operators of airports or aerodromes

1. Organize the system of aviation security assurance as stipulated in this Circular; ensure the human resources, infrastructure system, facilities and funding for the implementation of aviation security Program of airports; provide the aviation security assurance services at the airports or aerodromes.

2. Coordinate with the aviation Authorities and relevant units and bodies at the airports to develop the aviation security Program of the operators of airports or aerodromes and implement it after it is approved; provide the approved security Program of the operators of airports or aerodromes to the relevant aviation Authorities; provide the appropriate parts of the Program for the relevant airports, bodies and enterprises operating at the airports or aerodromes as required; are subject to the security inspection, examination, testing and investigation of the Civil Aviation Authority of Vietnam and the aviation Authorities according to regulations.

3. Build the infrastructure, arrange the means and equipment of aviation security and other necessary conditions for the aviation security assurance; protect the airports or aerodromes and maintain the public order at the airports or aerodromes.

4. Coordinate with the aviation Authorities to determine the boundary of the restricted areas at the airports or aerodromes; issue and manage the card and permit of internal security control according to regulations;

5. Coordinate with the competent authorities to the collect information, reality and assess the risks at the airports or aerodromes; give advice to the Civil Aviation Authority of Vietnam, the aviation emergency command Committee at level of province, city and island district on strengthening the appropriate measures of aviation security control.

6. Build the emergency Center of airports or aerodromes, head office to command and operate the dealing with the illegal acts of interference at the airports or aerodromes; develop the emergency scheme for initially dealing with the illegal acts of interference; hand over the chief command right to the representative of police or army authorities depending on each case as stipulated by law when this representative is ready for receiving and accepting the command of the chief commander after handover; organize the exercises to deal with the illegal acts of interference at grassroots level and participate in the exercise at sectoral level and national level according to regulations.

7. Ensure the requirements and standards of aviation security are applied upon design, building or renovation of works of the airports or aerodromes.

8. Develop and maintain the specific standards and procedures for the aviation security check and monitoring to fully comply with the provisions of the approved security Program of the operators of airports or aerodromes; organize the internal check and monitoring in the compliance with the aviation security standards and procedures to promptly remedy the loopholes and shortcomings in the aviation security assurance.

9. Sign the Regulations on coordinated aviation security assurance, security, order and social safety with the local authorities, police and army authorities in the areas of airports or aerodromes and the relevant bodies and units.

10. Provide the professional training, retraining and provision of knowledge about aviation security for the relevant staff according to regulations of law.

11. Coordinate with the relevant aviation Authorities, police and army authorities and local authorities in dealing and handling the cases of violation of aviation security and public order at the airports or aerodromes.

12. Issue and manage the card or permit of aviation security of airports or aerodromes according to regulations.

13. Develop the regulations on internal security control which shall be implemented in all procedures for recruitment, training, management, monitoring, violation handling, assessment, commenting, appointment, transfer of the units; request the issue of permit, professional capacity certificate and make periodical assessment towards the aviation officers.

14. Develop the regulations on protection of information and aviation information technology system used in the civil aviation activities in order to fight against the unauthorized access and interference causing the unsafety to the civil aviation activities and theft of information which must be kept confidential.

15. Propagate, disseminate and educate their staff to have the consciousness of compliance with and abidance by the regulations on aviation security; propagate the regulations on aviation security on the mass media except the restricted aviation documents

16. Are subject to the professional directions and guidance on aviation security of the Civil Aviation Authority of Vietnam.

Article 114. Responsibility of the aviation service providers

1. Develop the aviation security Regulation including the emergency scheme to deal with the illegal acts of interference and implement it after it is approved; provide the approved aviation security Regulation to the relevant aviation Authorities and the operators of airports or aerodromes; be subject to the inspection, examination, assessment, testing and survey of aviation security of the competent authorities according to the provisions in this Circular.

2. Organize the system of aviation security assurance according to the provisions in this Circular: the air traffic service providers shall organize the aviation security control forces in their restricted areas; enterprises maintaining and repairing aircrafts shall organize the aviation security control forces to carry out the activities of aviation security in the facilities maintaining and repairing aircrafts.

3. Exercise the powers and responsibilities for initially dealing with the illegal interference in the civil aviation activities at the service providers outside the airport according to the regulations of law.

4. Coordinate with the relevant aviation Authorities, aviation security control forces, police, army authorities, local government in dealing with the cases and acts of violation of aviation security in the restricted areas of the enterprises.

5. Collect information, reality, assess and determine the seriousness of the potential threats to the aviation security assurance at the facilities to give advice to the Civil Aviation Authority of Vietnam and the aviation emergency command Committee at level of province, city and island district on strengthening the appropriate measures of aviation security.

6. Be subject to the inspection, examination, supervision, testing, survey and investigation of aviation security of the Civil Aviation Authority of Vietnam and the aviation Authorities according to the provisions of law and this Circular.

7. Within the internal scope under their management, they are responsible for

a) Determining the restricted areas of the enterprises outside the airports or aerodromes; issuing and managing the cards and permits of internal security control according to regulations;

b) Controlling the internal security for the aviation officers; organizing the internal security check and monitoring system;

c) Protecting the information and civil aviation information technology system under their management in order to fight against the unauthorized access and interference causing the unsafety to the civil aviation activities and theft of information which must be kept confidential according to regulations of law;

d) Controlling the prescribed quality of internal security;

dd) Providing the professional training and re-training and provision of knowledge about aviation security for the relevant staff according to regulations of law;

e) Propagating, disseminating and educating their staff to have the consciousness of compliance with and abidance by the regulations on aviation security; propagate the regulations on aviation security on the mass media except the restricted aviation documents

8. Signing the coordination documents on ensuring the aviation security, order security, social safety with the local government and the relevant police and army authorities where the service provider is located.

9. Organizing the exercise to deal with the illegal acts of interference at grassroots level and participating in the exercise at sectoral level and national level according to regulations.

10. Being subject to the professional directions and guidance on aviation security of the Civil Aviation Authority of Vietnam

Article 115. Responsibility of airlines and aircraft operators

1. Develop the aviation security Program of the airlines and submit it to the Civil Aviation Authority of Vietnam and implement it after it is approved; providing the whole approved aviation security Program for the relevant aviation Authorities for examination and monitoring of compliance.

2. Providing the professional training and re-training and provision of knowledge about aviation security for the relevant staff according to regulations of law

3. Coordinating with the aviation Authorities, operators of airports or aerodromes and relevant bodies and units to deal with the cases of violation of aviation security and other violations pertaining to the aircrafts while they are under operation or not.

4. Checking the aviation security of aircraft before flight and coordinating to search the aircraft for security when there is threatening information according to regulations of law; ensuring the security and maintenance of order and discipline on the flying aircraft;

5. The Vietnamese airlines and aircraft operators shall:

a) Organize the aviation security control forces to take measures of aviation security control, maintenance of security, order and discipline on aircraft and ensure the security for aircraft operation outside the airports or aerodromes;

b) Organize the independent aviation security system with the head who shall take responsibility for all approved aviation security assurance activities of the airlines;

c) Survey and assess the aviation security assurance for the activities of the airlines at the airports or aerodromes domestically and internationally; ensure the funding for the Civil Aviation Authority of Vietnam to participate in the survey and assessment of the airlines at the foreign airports;

d) Coordinate to implement the emergency Scheme to deal with the illegal acts of interference in the civil aviation activities within their prescribed responsibility; organize the exercises to deal with the illegal acts of interference at grassroots level and participating in the exercise at sectoral level and national level according to regulations.

dd) Determine the boundaries of restricted areas under their management outside the airports or aerodromes; issuing and manage the cards or permits of internal security and crew identification cards according to regulations;

e) Arrange seat on the flights for the air security officer on duty on the flights as required by the competent authorities;

g) Control the internal security for the aviation officers according to regulations;

h) Protect the aviation information and information technology system of the airlines against the unauthorized access and interference which cause the unsafety for the civil aviation activities and theft of information which must be kept confidential including the personal information of passengers

i) Propagate and educate their staff to have the consciousness of compliance with and abidance by the regulations on aviation security; propagate the regulations on aviation security by appropriate ways to the aircraft passengers.

k) Are subject to the professional directions and guidance on aviation security of the Civil Aviation Authority of Vietnam.

6. The foreign airlines must fully comply with the law of Vietnam on aviation security of their operation in Vietnam; appoint and inform the Civil Aviation Authority of Vietnam and the persons who take direct and comprehensive responsibility for the aviation security of their operation in Vietnam.

7. Where the foreign airports or aerodromes do not follow the standards of ICAO on aviation security, the Civil Aviation Authority of Vietnam shall make assessment and decide not to permit the operation of civil flights which depart from those airports or aerodromes to Vietnam.

Article 116. Responsibility of relevant organizations and individuals

1. Fully comply with the provisions of this Circular and the aviation security Program of the operators of airports or aerodromes when operating at the airports or aerodromes; are subject to the inspection, examination, supervision, investigation, testing, survey and assessment of aviation security of the Civil Aviation Authority of Vietnam, the relevant aviation Authorities and the aviation security control forces.

2. For the organizations and individuals carrying on the non-aviation business at the airports or aerodromes:

a) Protect the facilities, assets, equipment, ensure the aviation security and order for their activities through the signing of security assurance service contract with the operators of airports or aerodromes;

b) Coordinate with the aviation Authorities, the aviation security control forces and the relevant bodies and units to handle the violations of aviation security and order which occur within their scope of management;

c) Ensure the relevant staff are provided with the aviation security training according to regulations of law.

d) Propagate, disseminate and educate their staff to have the consciousness of compliance with and abidance by the regulations on aviation security;

3. The passengers and the cargo senders must follow the regulations on aviation security assurance as stipulated in this Circular and the regulations of law on aviation security. The passengers must absolutely comply with the instructions on security and order of the aviation security controllers and order of the flight crew. In case of failure of compliance, they shall be handled according to regulations of law depending on the nature and seriousness of violation.

4. The aviation officers must follow the regulations on aviation security assurance as stipulated in this Circular and the regulations of law on aviation security; the drinking of alcohol and beer while on duty is absolutely prohibited. In case of violation, their duties shall be suspended and their Card of aviation security control and aviation work permit.

Article 117. Funding for aviation security assurance

1. The standing office of the Security Committee of the National Civil Aviation and the Civil Aviation Authority of Vietnam shall, based on the assigned tasks, make the annual estimate of funding from the state budget and submit it to the Ministry of Transport and implement it after its approval.

2. The enterprises should ensure the whole funding for the aviation security assurance within their responsibilities specified in this Circular and other regulations of law, including the funding for infrastructure, equipment and means to ensure the aviation security of the enterprises.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 118. The appendices issued with this Circular

1. Appendix I: Outline of aviation security Program of the operators of airports or aerodromes.

2. Appendix II: Outline of aviation security Program of the Vietnamese airlines and aircraft operators.

3. Appendix III: Outline of aviation security Regulation of the air traffic providers.

4. Appendix IV Outline of aviation security Regulation of the aviation service providers at the airports or aerodromes; enterprises manufacturing, repairing and maintaining aircrafts and aircraft equipment; enterprises processing cargo and postal items to be carried on board the aircraft.

5. Appendix V: Forms of official dispatches.

6. Appendix VI: Brief list of staff issuing the card of security control of airports or aerodromes with long-term validity.

7. Appendix VII: Form of declaration for issue of card of security control of airports or aerodromes with long-term validity.

8. Appendix VIII: Form of list of vehicles for issue of card of security control of airports or aerodromes with long and short -term validity.

9. Appendix IX: Form of list for issue of card of security control of airports or aerodromes with long and short-term validity.

10. Appendix X: Notice of loss of card/permit

11. Appendix XI: Requirements for fence, gate, door, barrier, lighting system, monitoring camera, sentry box, security patrol road at the airports or aerodromes, air service providers;

12. Appendix XII: Seal of aviation security.

13. Appendix XIII: Personal papers, ticket and boarding pass.

14. Appendix XIV: Form of certification of identity

15. Appendix XV: Declaration of carriage of firearm on board the aircraft.

16. Appendix XVI: Declaration of consignment of firearms and ammunition on flight

17. Appendix XVII: Measures to strengthen the aviation security control corresponding to each level.

18. Appendix XVIII: Check with X-ray scanner

19. Appendix XIX: Check with magnetic sensory door.

20. Appendix XX: Check with portable metal detector

21. Appendix XXI: Form of card of aviation security supervisor

22. Appendix XXII: Preliminary report on illegal acts of interference.

23. Appendix XXIII: Official report on illegal acts of interference.

24. Appendix XXIV: Forms of records of violation of aviation security.

25. Appendix XXV: Bag used for containing liquid allowed to carry long, put in hand luggage on international flights.

26. Appendix XXVI: Form of declaration of carriage of objects and vehicles into the restricted areas.

Article 119. Effect

1. This Circular takes effect from 01/05/2016.

2. This Circular shall replace the Circular No. 30/2012/TT-BGTVT dated 01/08/2012 of the Minister of Transport stipulating in detail the Program of aviation security and quality control of aviation security of Vietnam.

3. The Chief of ministerial Office, Chief inspector, Directors General and Directors of Civil Aviation Authority of Vietnam, heads of bodies and organizations and relevant individuals are liable to execute this Circular./.

MINISTER

Dinh La Thang

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Lược đồ Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

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Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security
Loại văn bản	Thông tư
Số hiệu	01/2016/TT-BGTVT
Cơ quan ban hành	Bộ Giao thông vận tải
Người ký	Đinh La Thăng
Ngày ban hành	01/02/2016
Ngày hiệu lực	01/05/2016
Ngày công báo	...
Số công báo
Lĩnh vực	Giao thông - Vận tải
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Văn bản liên quan Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

Luật 66/2006/QH11

Law No.66/2006/QH11 of June 29, 2006 Vietnam civil aviation

Ban hành: 29/06/2006

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Nghị định 27/2011/ND-CP

Decree No. 27/2011/ND-CP of Hanoi, April 09, 2011 on supplying, development, handling, usage of passengers information before entering into the border gate of Vietnam by air traffic

Ban hành: 09/04/2011

Ngày hiệu lực: 15/04/2014

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Nghị định 107/2012/ND-CP

Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the ministry of transport

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Ngày hết hiệu lực: 26/03/2017

Cập nhật: 11 năm trước

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Luật 61/2014/QH13

Law No. 61/2014/QH13 dated November 21, 2014, amending and supplementing a number of articles of the Vietnam Civil Aviation Law

Ban hành: 21/11/2014

Ngày hiệu lực: 01/07/2015

Hiệu lực: Còn hiệu lực

Cập nhật: 9 năm trước

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Nghị định 66/2015/ND-CP

Decree No. 66/2015/ND-CP dated 12 August 2015, regulation on aviation authorities

Ban hành: 12/08/2015

Ngày hiệu lực: 01/10/2015

Hiệu lực: Còn hiệu lực

Cập nhật: 9 năm trước

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Nghị định 92/2015/ND-CP

Decree No. 92/2015/ND-CP dated 13 October 2015, on aviation security

Ban hành: 13/10/2015

Ngày hiệu lực: 27/11/2015

Hiệu lực: Còn hiệu lực

Cập nhật: 9 năm trước

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Thông tư 01/2016/TT-BGTVT

Thông tư 01/2016/TT-BGTVT quy định chi tiết Chương trình an ninh hàng không và kiểm soát chất lượng an ninh hàng không Việt Nam do Bộ trưởng Bộ Giao thông vận tải ban hành

Ban hành: 01/02/2016

Ngày hiệu lực: 01/05/2016

Hiệu lực: Hết hiệu lực

Ngày hết hiệu lực: 01/06/2019

Cập nhật: 5 năm trước

Nội dung Lược đồ Bản PDF Lịch sử VB liên quan

Thông tư 45/2017/TT-BGTVT

Circular No. 45/2017/TT-BGTVT dated November 17, 2017 on amendments 01/2016/TT-BGTVT elaborating the aviation security program and quality control of Vietnam aviation security

Ban hành: 17/11/2017

Ngày hiệu lực: 15/01/2018

Hiệu lực: Hết hiệu lực

Ngày hết hiệu lực: 01/06/2019

Cập nhật: 6 năm trước

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Văn bản gốc Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

Lịch sử hiệu lực Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

01/02/2016
Văn bản được ban hành
Trạng thái: Chưa có hiệu lực
01/05/2016
Văn bản có hiệu lực
Trạng thái: Có hiệu lực
15/01/2018
Được sửa đổi bổ sung
Được sửa đổi bổ sung bởi Circular 45/2017/TT-BGTVT amendments Circular 01/2016/TT-BGTVT quality control aviation security

Thông tư 01/2016/TT-BGTVT

Circular No. 01/2016/TT-BGTVT dated 01 February 2016, detailing the aviation security program and quality control of Vietnam aviation security

Nội dung toàn văn Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

Thuộc tính Văn bản pháp luật 01/2016/TT-BGTVT

Download Văn bản pháp luật 01/2016/TT-BGTVT

Lược đồ Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

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Văn bản liên quan Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

Văn bản gốc Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security

Lịch sử hiệu lực Circular 01/2016/TT-BGTVT aviation security program quality control Vietnam aviation security