Thông tư 53/2015/TT-BGTVT

CIRCULAR

ON AMENDMENT AND SUPPLEMENT TO CERTAIN ARTICLES OF CIRCULAR NO.28/2010/TT-BGTVT DATED SEPTEMBER 13, 2010 BY THE MINISTER OF TRANSPORT ON THE LABORATION OF DIGNITARY FLIGHT GOVERNING

Pursuant to the 2006’s Law on Civil aviation and the Law on amendment and supplement to certain Articles of the 2014’s Law on Civil Aviation;

Pursuant to the Government’s Decree No.03/2009/ND-CP dated January 09, 2009 on the governing of dignitary flights;

Pursuant to the Government's Decree No. 107/2012/ND-CP dated December 20, 2012, defining the functions, rights, responsibilities and organizational structure of the Ministry of Transport

Upon request by the Directors of Departments of Transport and Directors of the Civil Aviation Authority of Vietnam

The Minister of Transport hereby issues this Circular on amendment and supplement to certain articles of Circular No.28/2010/TT-BGTVT dated September 13, 2010 by the Minister of Transport on elaboration of Dignitary flight governing (hereinafter referred to as “Circular No.28/2010/TT-BGTVT).

Article 1. Amendment and supplement to certain articles of Circular No.28/2010/TT-BGTVT

1. Point c clause 2 and point d clause 3 of Article 5 shall be amended and supplemented as follows:

a) Point c clause 2 of Article 5 shall be amended and supplemented as follows:

“c) Have accumulated at least 500 flight hours on dignitary aircraft in relevant pilot’s position and at least 300 flight hours on the aircraft whose average flight time is shorter than 2 hours.

The operator of a new type of aircraft, if requested for a dignitary flight in 01 year since its launch, shall be responsible for assessing the pilots’ qualifications by their accumulation of sufficient flight hours, as defined herein, on previous dignitary aircrafts and report to the Civil Aviation Authority of Vietnam for monitoring.”

b) Point d clause 3 Article 5 shall be amended and supplemented as follows:

“d) Meet eligibility requirements for dignitary aircraft pilots as stipulated in point b, c d and dd clause 2 of this Article;”

2. Clause 4 Article 6 shall be amended and supplemented as follows:

“4. Have accumulated at least 100 flight hours as flight attendant on the dignitary aircraft. The operator of a new type of aircraft, if requested for a dignitary flight in 01 year since its launch, shall be responsible for assessing the flight attendants’ qualifications by their accumulation of sufficient duty hours, as stipulated herein and report to the Civil Aviation Authority of Vietnam for monitoring.”

3. Clause 3 and clause 4 Article 10 shall be amended and supplemented as follows:

“3.Airport operators shall specify procedures for operations of aprons, parking positions, runways and lounges at airports for dignitary flights within the authority via the airport or airport operations manuals.

4. Every airport operator shall take charge of and cooperate with aviation service providers in the airports in specifying the areas and procedures for convenient and rapid handling of dignitary flight’s cargo and passengers’ luggage in airport operations manuals for passengers’ convenience in adherence to regulations on aviation security and safety.”

4. Clause 1 and clause 2 of Article 12 shall be amended and supplemented as follows:

“. For arriving flights: The runway designated for the dignitary flight shall be exclusively reserved 05 minutes prior to the landing of the aircraft. Such runway shall resume to normal operation and the specified taxiway and the portion of the apron shall be exclusively reserved for dignitary flight after the dignitary aircraft lands and exits the runway. Such taxiway shall resume to normal operation after the dignitary aircraft enters the apron.

2. “. For departing flights: The parking position of the dignitary aircraft shall be protected and isolated from the time it is in position. Upon the issuance of engine startup clearance, the air traffic control tower shall reserve the taxiway for dignitary aircraft. After the aircraft enters the reserved taxiways, the relevant portion of the apron shall resume to normal operation. The air traffic control tower shall reserve a specific runway for a dignitary aircraft 05 minutes before the aircraft enters the runway. After the dignitary aircraft reaches the hold line for takeoff, the taxiway shall resume to normal operation. After the dignitary aircraft takes off, the runway shall back to normal operation.

In an airport with multiple runways, those not reserved for landing or takeoff of the dignitary aircraft shall operate normally in accordance with the regulations on the operations of parallel runways.”

5. Clause 2 of Article 13 shall be amended and supplemented as follows:

“2. In case a dignitary aircraft actually lands or takes off over 10 minutes behind or ahead of the flight schedule:

a) For arriving flights: The local air traffic management corporation shall notify the airport operator who is then responsible for promptly informing the airport authority, aeronautic information service center sand aircraft operators;

b) For departing flights: the airline shall punctually notify the airport operator who is the responsible for promptly informing the airport authority and aeronautic information service centers;

c) The entities concerned, as per their functions and missions, shall provide services for dignitary flights according to the amended plans.”

6. Clause 3 and clause 6 of Article 14 shall be amended and supplemented as follows:

“3.Have at least 03 consecutive years’ working experience in air traffic control service providers.

6. Have their qualifications assessed and be assigned in writing the dignitary flight in writing by the head or authorized person of the supervisor flight control service provider .”

7. Title of Article 15 is renamed and clause 4 of Article 15 shall be amended and supplemented as follows:

a) Title of Article 15 is renamed: “Phân cách giữa tàu bay chuyên cơ với các tàu bay khác và phân cách giữa các tàu bay chuyên cơ (Separation of dignitary aircrafts from aircrafts of other types and separation between dignitary aircrafts)”

b) Clause 4 Article 15 shall be amended and supplemented as follows:

“4. The separation between dignitary aircrafts shall be conformable to the separation standards of the current air traffic control regulation”.

8. Article 6 shall be amended and supplemented as follows:

“ Article 16. Management of the list of air traffic controllers serving dignitary flights

Flight activity control service providers or their authorized persons shall formulate and manage the list of air traffic controllers permitted to coordinate dignitary flights.”

9. Article 18 shall be amended and supplemented as follows:

“Article 18.Airport security control passes and permits issued to persons and equipment serving dignitary flights

1. The entities granted security passes and permits, the authority to issue and manage airport security permits and passes, and the use of such permits and passes in regard to dignitary flights’ personnel and equipment shall be specified in civil aviation security and civil aviation quality control program of Vietnam as promulgated by the Minister of Transport.

2. The head of the entities serving dignitary flights and their passengers shall submit a list of staff frequently serving dignitary flights which specifies their regular duties and the total quantity of multi-use passes to the Civil Aviation Authority of Vietnam and the local airport authority for registration and issue of such passes.

3. The head of entities managing equipment directly serving directly serving dignitary flights in the airfields shall submit a list of equipment, which specifies their functionality, to the local airport authority for issue of multiple use permits.

4. Heads or authorized persons of entities serving dignitary flights shall submit to the airport authority the list of staff and equipment recommended for issue of single use permits and passes, present their security pass or identification documents, and sign the permit and pass issuance logbook. After finishing the services for the dignitary flight, the signer of the logbook shall retrieve and return permits and passes granted to the airport authority and sign the logbook to confirm the return of permits and passes.

5. Heads or authorized persons of entities in charge of serving, welcoming and bidding farewell courtesies to dignitary flight’s passengers shall submit a list of staff and equipment to the airport authority for issue of single use permits and passes, present their security pass and identification documents, submit the identification papers of the individuals recommended for the passes and sign the permit and pass issuance logbook. After finishing a dignitary flight, the signer of the logbook shall retrieve and return permits and passes granted to the airport authority and sign the logbook to confirm of the return of all permits and passes and retrieve the submitted identification documents.

6. Single use permits and passes shall be issued outside areas dedicated to dignitary flights. The signatures of the recipients of passes and permits specified in clause 4 and clause 5 hereof shall be registered with the airport authority in advance. The issue and retrieval of permits and passes shall be recorded by the issuer in a logbook which specifies the names of persons granted permits and passes, their employers, missions, reference number of the permits and passes, signatures as a confirmation of receipt and return of passes.”

10. Article 18a shall be supplemented as follows:

“Article 18a.Exemption from security check

1. Dignitary flight’s passengers and their hand-carried luggage specified in Article 5 of the Government’s Decree No.03/2009/ND-CP on dignitary flight governing dated January 09, 2009 (hereinafter referred to as “Decree No.03/2009/ND-CP”)shall be exempted from security check

2. The following senior officials of the Government, Communist Party of Vietnam and foreign diplomatic missions when entering the airport to welcome and bid farewell to dignitary flight’s passengers shall be exempted from security check:

a) The Chief of Party Committee of the Central Executive Committee and those holding equivalent or higher positions;

b) The Ministers and those holding equivalent or higher positions;

c) Secretaries, People’s Committees of provinces and those holding equivalent or higher positions;

d) Heads of foreign diplomatic missions in Vietnam.

3. Airport security forces shall take charge of and cooperate with the Guard High Command – Ministry of Public Security in inspecting and supervising aviation security of dignitary flights as per the regulations on dignitary flight governing.”

11. Article 19 is amended as follows:

“Article 19.Miantaining of aviation security at public restricted areas, restricted zones in airports and airports during the progress of dignitary flights

1. Airport security forces shall cooperate with local police authorities setting up checkpoint at entrances and in public areas; arrange security personnel, local police officers and equipment necessary for patrolling, controlling and maintaining order in public areas of airports during the preparation and operation of dignitary flights. They shall expose, prevent and deal with actions against the security and safety of dignitary flights.

2. Aviation security service providers shall provide sufficient equipment and security personnel for controlling and monitoring people and equipment’s access and operation in the areas dedicated to dignitary flights, luggage and goods delivered to such areas s. They shall expose, prevent and deal with actions against the security and safety of dignitary flights."

12. Clause 2 Article 20 shall be amended and supplemented as follows:

“2.Airport security forces shall cooperate with the airlines in operating dignitary flights and caterers in carrying out physical inspection of airline meals provided for dignitary flights departing from Vietnam before storing them in airline meal carts, sealing such carts and assigning aviation security staff to escort transportation of aircraft meal carts from the processing facility to the aircraft.”

13. Clause 4 and clause 5 Article 21 shall be amended and supplemented as follows:

“4.Security check of dignitary refueling vehicles and their drivers before their entry into the airfields in Vietnam:

a) Dignitary refueling vehicles passing a public area shall be escorted by the guards of the refueling service providers;

b) Airport security forces in airport or airports shall take on responsibilities for the inspection of aircraft refueling vehicles to ensure that the cap seals on outlets and inlets of refueling vehicles remain intact before entering restricted zones;

c) Refueling service providers shall assigned high-skilled and ethical refueling staff and drivers to carry out the missions; conduct accurate procedures for inspection of refueling equipment and vehicles prior to process of refueling.

5. Inspection and supervision of aviation security and safety before and during the refueling of dignitary aircraft:

a) The refueling of aircraft in Vietnam shall occur in the presence of a supervisory team that consists of representatives of the airport authority, technical teams preparing dignitary aircraft, airport operators, airport security units in airports and refueling service providers. The process of refueling shall be recorded in writing by the airport authority’s representative;

b) The refueling of aircraft in Vietnam shall occur in the presence of a supervisory team which consists of representatives of dignitary aircraft’s technical teams and the Guard High Command;

c) The supervisory team shall responsible for verifying the legitimacy of the certificate of fuel quality inspection; checking seals on inlets and outlets of fueling equipment; supervising process of refueling, monitoring the sampling of fuel and sealing of such samples in case the aircraft is refueled in Vietnam;

d) Certificates of fuel quality inspection made in conformity with TCVN ISO/IEC 17025 as stipulated in point c of this clause shall be countersigned by the head or authorized person of the fuel supplier or the head person of a relevant laboratory."

14. Clause 1, 2 and clause 3 Article 22 shall be amended and supplemented as follows:

“1. Aviation security service providers shall assign security teams to guard, patrol and to protect dignitary aircraft upon its taxiing and until the completion of services for the dignitary flight.

2. The doors of a dignitary aircraft parking overnight shall be sealed and the aircraft shall be handed over to the security team of the provider of aviation security service in the airport, airport. The apron shall be well-lighted and monitored by guards or cameras to expose and prevent illegal access in timely manner. Jet bridges, ramp stairs, conveyor belts and equipment thereof shall be detached and moved away from the dignitary aircraft.

3. The security check, monitoring and screening of dignitary aircraft, their passengers, luggage and cargo on dignitary flights shall be carried out in accordance with the civil aviation security and civil aviation security quality control program of Vietnam, except for circumstances stipulated in clause 1 and clause 2 Article 18a hereof."

15. Article 23 is amended as follows:

“Article 23. Security of foreign dignitary flights

1. Airport security forces shall take on responsibilities for conducting the airport’s security check on passengers, their luggage and goods and articles and cooperating with security forces of dignitary flight’s passengers in conveyance of checked luggage and consignment from security checkpoints to the dignitary aircraft.

2. If foreign authorities send a diplomatic note to Vietnamese authorities on the exemption of their dignitary flight on an exclusive aircraft from security check or the Ministry of Foreign Affairs releases a written request for such exemption, the Civil Aviation Authority of Vietnam shall request the aviation security control forces of the relevant airports in writing to obey the diplomatic note or official request regarding the passengers, luggage and cargo on the dignitary flight..

3. The airport operator and aviation security service provider shall cooperate with relevant divisions of the Ministry of Foreign Affairs and Guard High Command in implementing, in the airport, security enhancement measures applicable to foreign dignity aircrafts, its passengers luggage and cargo upon request of the State management authorities as per the agreement with foreign representative agencies.”

16. Article 24 is amended as follows:

“Article 24. Management of the list of security officers and staff serving Vietnamese dignitary flights

Aviation agencies shall formulate and submit the list of their staff serving dignitary flights to the relevant airport authority and airport security units for monitoring.”

17. Article 25 is amended as follows:

“Article 25. Responsibilities of Civil Aviation Authority of Vietnam
The Civil Aviation Authority of Vietnam shall:

1. Undertake and accomplish aviation the missions of governing of dignitary flights operated by Vietnam airlines, foreign dignitary flights and notify changes in dignitary flight plans to:

a) Airport authorities;

b) Vietnam Air Traffic Management Corporation;

c) Airports Corporation of Vietnam and the operators of the airports where the dignitary aircrafts land or take off.

2. Deadline for notification of Vietnamese dignitary flights:

a) For dignitary flights on exclusive dignitary aircraft: at least 05 days prior to the expected date of a domestic flight and 10 days prior to the expected date of an international flight;

b) For dignitary flights on commercial aircrafts: at least 24 hours prior to the expected date of a domestic flight; at least 05 days prior to the expected date of an international flight.

c) For unscheduled dignitary flights which are not notified by the deadline set in point a and b clause 2 of this Article, the Civil Aviation Authority of Vietnam shall directly negotiate with competent authorities to release Vietnam’s dignitary flight notices as stipulated in Article 7 of the Decree No.03/2009/ND-CP dated January 09, 2009 on the governing of the dignitary flights in regard to the application of dignitary flight standards on aircraft, aircrew and jet fuel for dignitary flights. On addition, relevant agencies shall be informed and supervisory activities shall be organized.

3. Synchronize the dignitary flight plans with the airlines that are designated to operate dignitary flights and supervise the implementation of such plans.

4. Supervise the implementation of dignitary flight security and safety measures; security and safety measures; expedite and supervise the preparation of services for VVIP flights and deal with unusual situations during the operation of dignitary flights.

5. Issue flight permits for dignitary flights within authority; cooperate with and assist Vietnamese airlines operating dignitary flights in applying for flight permits.”

18. Article 27 is amended as follows:

“Article 27. Responsibilities of airport enterprises, airport operators and providers of aviation security service in airports where dignitary aircrafts take off or land

1. Every airport enterprise shall: Inspect, guide the governing of dignitary flights.

2. Responsibilities of airport operators:

Every airport operator shall:

a) Take charge of fire and explosion prevention, in the airport, for dignitary aircraft, passengers, their goods and luggage; coordinate the security of dignitary flights;

b) Arrange exclusive parking positions and guards for dignitary aircrafts;

c) Facilitate the units’ preparation and serving of dignitary flights, adhere to dignitary flight schedules;

d) Cooperate to organize welcome and farewell ceremonies according to dignitary aircraft’s mission and requirements of the competent authority;

dd) Cooperate in organizing the welcome and farewell ceremonies according to the traits of the dignitary flight missions and the requirements of the competent authorities.

3. Responsibilities of aviation security service providers

Every aviation security service provider shall:

a) Lead and cooperate in providing aviation security for dignitary aircrafts, passengers, goods and luggage thereof in the airports;

b) Cooperate with relevant divisions of the Ministry of Foreign Affairs and Ministry of Public security in improving the aviation security of foreign VVIP aircraft and passengers thereof at the airports in Vietnam upon request of the foreign authorities.”

19. Article 28 shall be amended and supplemented as follows:

“Article 28. Responsibilities of airlines operating dignitary flights

Every airline operating dignitary aircraft shall:

1. Undertake and fulfill missions for dignitary flight governing.

2. Prepare service plans for dignitary flights by specifying the primary aircraft, auxiliary aircraft, routes, transit and destination countries, points of destination and departure, technical specifications and information on the aircraft’s operations, and report to the Civil Aviation Authority of Vietnam in the following manner:

a) For dignitary flights on exclusive aircraft: at least 02 days prior to the expected date of a domestic flight and 03 days prior to the date of an international flight;

b) For dignitary flights on commercial aircraft: submit VVIP service plans at least 12 hours prior to the expected date of a domestic flight and at least 02 days prior to the expected date of an international flight.

3. Operate unscheduled dignitary flights in accordance with the stipulation on aircraft, engines and aircrew operating unscheduled dignitary flights notified after the deadline specified in point c clause 2 Article 25 hereof and report to the Aviation Administration of Vietnam.

4. Apply for flight permits for domestic dignitary flights operated by airlines in accordance with current regulations of laws. Cooperate with the Consular Department – Ministry of Foreign Affairs in application for flight permits for international dignitary flights.

5. formulate the service procedure, arrange seating positions, select guests when serving dignitaries and ordinary passengers on the same aircraft, and report thereof to the Office of the central Committee of the Communist Party of Vietnam, Office of the National Assembly, Office of the President, Office of the Government, Directorate of State Protocol and Civil Aviation Authority of Vietnam.

6. Lead and cooperate with relevant agencies in governing of security and safety and stick to Vietnamese dignitary flight schedules, cooperate with the Office of the Central Committee of the Communist Party of Vietnam, Office of the National Assembly, Office of the President, Office of the Government, Directorate of State Protocol and agencies in charge of pre-flight preparation for serving at foreign airports.

7. Lead and cooperate with relevant entities in serving dignitary flights’ passengers carefully and safely to meet the requirements of competent authorities; take charge of
giving instructions, and maintaining the security and safety of the dignitary flights on which ,the dignitaries are accompanied by the retinue and other persons .

8. Keep passengers’ luggage, goods, documents and properties safe.

9. Cooperate with the Guard High Command in improving the security of dignitary aircrafts, passengers, their luggage and goods in foreign countries.

10. Cooperate with relevant agencies in implementing effectively the measures for aviation safety and security; transport no special passengers of dignitary flights on commercial aircrafts as per the regulations on the security of dignitary flights on commercial aircraft.

Article 2. Effect

This Circular comes into effect from December 01, 2015.

Article 3. Implementation

The Chief of the Ministry Office, Ministerial Chief Inspector, Directors of the Civil Aviation Authority of Vietnam, Heads of agencies and relevant entities shall be responsible for the implementation of this Circular ./.