Thông tư 41/2020/TT-BGTVT

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 13/2019/TT-BGTVT DATED MARCH 29, 2019 ON ELABORATION OF VIETNAM’S AVIATION SECURITY PROGRAM AND AVIATION SECURITY QUALITY CONTROL

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006; Law on amendments to the Law on Vietnam Civil Aviation dated November 21, 2014;

Pursuant to the Government’s Decree No. 92/2015/ND-CP dated October 13, 2015 on aviation security;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

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

The Minister of Transport hereby promulgates a Circular on amendments to the Circular No. 13/2019/TT-BGTVT dated March 29, 2019 on elaboration of Vietnam’s aviation security program and aviation security quality control.

Article 1. Amendments to the Circular No. 13/2019/TT-BGTVT dated March 29, 2019 on elaboration of Vietnam’s aviation security program and aviation security quality control

1. Clause 2 of Article 3 is amended as follows:

“2. “aviation security checkpoint” means a workplace of aviation security control staff which is set up at gates, doors and paths between public areas and restricted areas or between restricted areas and other areas in order to check people, vehicles and items, and maintain security and order at the aviation checkpoint area.”

2. Clause 17 of Article 3 is amended as follows:

“17. “aviation security quality control” means the implementation of professional techniques and measures to assess aviation security assurance and overcome detected limitations to aviation security assurance. Aviation security quality control includes regular supervision, inspection of quality, aviation security survey, test, assessment and investigation, statistical production, data analysis and other measures.

a) Aviation security quality inspection means the inspection of compliance of airport and aerodrome operators, airlines and aviation service providers with regulations specified in the aviation security program and aviation security regulation which have been approved by the CAAV;

b) Aviation security test means a simulated interference with civil aviation that is done secretly or publicly in order to test the effectiveness of the aviation security assurance measures;

c) Aviation security investigation means the clarification of acts of unlawful interference, violations or suspected violations of aviation security;

d) Aviation security assessment means the evaluation of compliance with some or all of standards and regulations on aviation security which is carried out by the International Civil Aviation Organization, aviation authorities and airlines.”

3. Clause 20a is added to Article 3 as follows:

 “20a. “public area” of an airport or aerodrome means an area which is specified by an entity holding the right to organize operation of that area in the aviation security program or aviation security regulation and to which air passengers, vehicles and persons receiving and seeing passengers, and sending and receiving goods and mail may have access without aviation security check. Public areas include:

a) Areas of passenger terminals or cargo terminals which are not restricted areas and exclusive use areas of authorities and units;

b) Roads and parking lots intended for air passengers;

c) Shops, shopping malls and public recreation areas for passengers, persons receiving and seeing off passengers, sending and receiving goods which are adjacent to aerodromes, terminals, roads and parking lots for air passengers.”

4. Clause 27a is added to Article 3 as follows:

 “27a. “self-propelled vehicle” means a vehicle operating in an air operations area.”

5. Clause 1 of Article 5 is amended as follows:

“1. The applicant having the ASP or ASR shall submit 01 application (if the applicant is a Vietnamese enterprise, the application shall be made in Vietnamese language; if the applicant is a foreign airline, the application shall be made in English language) to the CAAV, whether in person or by post or another appropriate manner. The application includes:

a) An application form, which is made using the form in the Appendix VI hereof;

b) ASP/ASR;

c) An assessment of differences of the airline’s ASP from regulations of Vietnamese law and measures for correcting differences (for the application for approval for ASP submitted by the foreign airline).”

6. Clause 3 of Article 5 is amended as follows:

“3. If the application is completed as prescribed in Clause 1 of this Article, within 10 working days (in the case of granting approval for the ASP/ASR) or 05 working days (in the case of granting approval for amendments to the ASP/ASR) from the receipt of the application, the CAAV shall appraise it and carry out a site inspection if necessary:

a) If the ASP or ASR complies with all regulations of this Circular, issue an approval decision (in the case of the foreign airline's ASP);

b) If the ASP or ASR fails to comply with all regulations of this Circular, request the applicant in writing to make amendments to the ASP/ASR.”

7. Clause 3 is added to Article 9 as follows:

“3. Regulations on aviation security control permits issued to vehicles set out in this Circular only apply to self-propelled vehicles and road vehicles.”

8. Point b Clause 2 of Article 10 is amended as follows:

“b) Issue airport/aerodrome security control badges and permits with short-term use at 01 airport/aerodrome under their management to the applicants specified in Clauses 6 and 8 Article 14 of this Circular, except for the case specified in Clause 3 of this Article.”

9. Clause 1 of Article 11 is amended as follows:

“1. An aviation security control badge/permit with long-term use shall be valid for up to 02 years from the effective date of the badge/permit.”

10. Clause 3 of Article 11 is amended as follows:

“3. The effective period of an aviation security control permit with short-term use shall be based on the request of the applicant and result of application appraisal, including the permit used once within 01 day (24 hours) from the effective date of the permit and the permit used multiple times for a period not exceeding 30 days from the effective date of the permit.”

11. Point a Clause 1 of Article 14 is amended as follows:

“a) Officials and staff of airlines, airport/aerodrome enterprises, service providers and tourism enterprises in airport/aerodrome restricted areas that sign a definite term employment contract or indefinite term employment contract in accordance with regulations of law on labor;”

12. Point b Clause 6 of Article 14 is amended as follows:

“b) Any person who receives an airport/aerodrome security control badge with short-term use must read and understand badge regulations set forth in this Circular and undertake to disseminate badge regulations to the badge holder.  The badge holder shall make contact himself/herself so that he/she is escorted to the restricted area as prescribed in Clause 4 Article 32 of this Circular;”

13. Clause 9 of Article 14 is amended as follows:

“9. The vehicles specified in Clause 8 of this Article shall be only issued with an airport/aerodrome security control permit with short-term use if the person who receives the badge reads and understands badge regulations set forth in this Circular and undertake to disseminate badge regulations to the badge holder. The badge holder shall make contact himself/herself so that he/she is escorted by a person or vehicle to the restricted area as prescribed in Clause 6 Article 32 of this Circular.”

14. Clause 3 of Article 23 is amended as follows:

“3. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall send a list of vehicles to be issued with the airport/aerodrome security control permit with long-term use using the form in the Appendix IX hereof to the regional airports authority.”

15. Clause 5 of Article 30 is amended as follows:

“5. The issuing authority shall immediately notify in writing or update to the aviation security database a list of cases of loss of badge/permit it issued to the aviation security control force performing its duties at the restricted area specified in the lost badge/permit and the CAAV to promptly prevent the use of the lost badge/permit. Within 15 days from the receipt of the invalid badge/permit, the issuing authority shall destroy it.”

16. Clause 6 of Article 32 is amended as follows:

“6. A vehicle entering and operating within an aerodrome’s restricted area shall be supervised by the aviation security control staff or staff having a ground vehicle operation permit or escorted by the vehicle of the airport/aerodrome operator in the following cases:

a) The vehicle operator is only issued with the security control badge with short-term use;

b) The vehicle operator does not have the certificate of training in operation of vehicles within aircraft stands which is issued by a competent authority as prescribed;

c) The vehicle does not regularly operate within the air operations area.”

17. Clause 9 of Article 32 is amended as follows:

“9. The audio and video recording made within the restricted areas prescribed in Clause 1 Article 31 of this Circular or aviation security checkpoints or workplaces of regulatory bodies at an airport must be subject to written permission by the supervisory authority, except for the following cases:

a) The audio and video recording of information and documents classified as state secrets shall comply with regulations on protection of state secrets;

b) The audio and video recording is made at lounges and baggage reclaim areas which are not aviation security checkpoints;

c) Regulatory bodies or aviation security control forces make audio and video recordings for official duty purposes within their jurisdiction.”

18. Clause 9a is added to Article 32 as follows:

 “9a. Easily recognizable warning signs must be put up at locations where audio and video recording is prohibited but to which passengers and people may have access.”

19. Clause 10 of Article 32 is amended as follows:

“10. In case of performing contingency and rescue tasks, the head of the authority or unit of the persons and vehicles performing emergency and rescue tasks shall cooperate with the aviation security control force of the unit in charge of the restricted area to supervise activities of persons and vehicles without the aviation security control badge/permit or internal security control badge/permit.”

20. Point a Clause 1 of Article 34 is amended as follows:

“a) Gates, doors and paths from the restricted area to other areas;”

21. Clause 1 of Article 36 is amended as follows:

“1. Aviation security control staff shall conduct security inspections of people, vehicles and items introduced into and taken out of and operating within restricted areas.”

22. Article 38 is amended as follows:

“Article 38. Security inspection within public areas of airports, aerodromes and works adjacent to terminals, aerodromes and aviation works

1. People and vehicles traveling and working within public areas shall comply with regulations of the law on road traffic, regulations of airports/aerodromes, instructions given by aviation security control forces and regulations on aviation security and safety assurance, social order and safety, and be polite and civilized.

2. Airport/aerodrome operators shall preside over and cooperate with aviation security control forces, police forces (for airports where police forces perform their regular tasks) and airports authorities in deciding on the number, locations and operating hours of aviation security checkpoints; divert traffic and prescribe stopping and parking time in passenger pickup areas and service areas of service providers within public areas of airports.

3. Aviation security control forces shall deploy aviation security control staff to carry out aviation security inspection, give traffic instructions to people and vehicles; regulate the number of people and vehicles entering and working in the car parking areas, internal traffic areas, check-in areas and other public areas of airports and aerodromes; cooperate with police forces in maintaining order in public areas of airports and aerodromes; cooperate with relevant airports authorities, police and army forces and local governments in the cases where it is necessary to strengthen assurance of aviation security and public order, and take actions against violations.

4. The deployment of patrol and inspection forces and specialized equipment, and establishment of security inspection procedures shall ensure that unclaimed items, baggage, cargo and vehicles, and acts of disruption and violations committed within public areas of airports and aerodromes are promptly discovered and handled, and shall be specified in ASRs of aviation security assurance service providers.

5. Air passengers’ or visitors’ items, baggage and property sent at the air cargo center in the public area of a passenger terminal shall undergo aviation security check using appropriate measures before being received.

6. Regarding cargo terminals and cargo warehouses, units in charge of such cargo terminals and cargo warehouses shall divert traffic; prescribe stopping and parking time, regulate the number of people and vehicles entering and working within cargo terminals and cargo warehouses; designate areas for loading, unloading and parking, service areas of service providers, check-in areas and other public areas under their management; cooperate with aviation security control forces and police authorities in maintaining public order at airports and aerodromes; cooperate with relevant airports authorities, police and army forces and local governments if it is necessary to strengthen assurance of aviation security and public order, and take actions against violations.

7. Appropriate barriers shall be installed or security control shall be conducted using measures suitable for aviation security risk assessment so as to prevent people and vehicles from illegally accessing or prevent the illegal introduction or throwing of items to restricted areas.

8. Control points must be established along roads in front of doors of passenger terminals and cargo terminals, and in motorcycle and motor vehicle parking lots in front of passenger terminals and cargo terminals in order to regulate the flow of motorcycles and motor vehicles entering and exiting and conduct aviation security check if necessary. The short-term motorcycle and motor vehicle parking lot (allowing parking of motorcycles and automobiles for less than 24 hours) must not be located adjacent to the terminal (except for parking lots intended for cargo and mail vehicles approaching the cargo terminal or cargo warehouse for loading and unloading cargo and mail), air traffic control tower, station supplying power to the terminal and station supplying power to the air traffic control tower.

9. The road in front of doors of a terminal or air traffic control tower must be at least 30 meters from the terminal. Fixed or mobile barriers must be erected adjacent to the road in front of doors of the passenger terminal or cargo terminal to prevent the use of vehicles for attacking the terminal or aerodrome. This regulation applies to terminals and air traffic control towers for which the construction design is approved after July 01, 2021.”

23. Clause 5 of Article 39 is amended as follows:

“5. The aviation security control forces of authorities and units shall cooperate with relevant local police authorities in patrolling areas in the vicinity of airports/aerodromes, restricted areas outside airports and aerodromes upon request in order to promptly discover and take actions against violations of law.”

24. Point a Clause 1 of Article 40 is amended as follows:

“a) Cargo and mail containers, trays for handling bulk cargo, lost baggage and unclaimed baggage, catering carts and stores;”

25. Clause 5 of Article 41 is amended as follows:

“5. 100% of passengers and their carry-on baggage shall undergo screening before entering the restricted area, except for the case of exemption from aviation security check; passengers who refuse to undergo screening will be refused permission to fly.”

26. Clause 6 of Article 41 is amended as follows:

“6. At each aviation security checkpoint, there must be full-body scanners (not applicable to dedicated aerodromes), rooms for aviation security search; X-ray machines, door-frame metal detectors, hand-held metal detectors, explosive detection devices, communication devices and other necessary tools and devices.”

27. Point b Clause 8 of Article 41 is amended as follows:

b) When a passenger walks through the hand-held metal detector or full-body scanner (if available) and the hand-held metal detector or full-body scanner triggers alarms or the passenger shows any suspicious sign, the aviation security control staff shall use the hand-held metal detector and conduct a manual check at the same time;”

28. Clause 13 of Article 41 is amended as follows:

“13. A random check (including a manual check or check using an explosive detection device or explosive detection animal) of passengers and their carry-on baggage shall be additionally conducted after the first aviation security check with a percentage of at least 10%. The random manual check shall be conducted at an aviation security checkpoint or passengers shall be taken to a security search rooms upon request (of the passenger or competent authority). The manual check shall be conducted in a manner that ensures it is conducted continuously during operating hours of the security checkpoint in a day. Methods and procedures for manual checks of passengers and their carry-on baggage shall be specified in ASRs of aviation security assurance service providers.”

29. Clause 2 of Article 44 is amended as follows:

“2. Checked baggage of transit and departure passengers shall undergo aviation security inspection with X-ray machine. In the case of suspicion, conduct a manual check or a check using an explosive detection device or other appropriate measures. In case of suspicion or information about threats to flight security and safety, it is required to search checked baggage.”

30. Clause 5 of Article 50 is amended as follows:

“5. In case screened cargo and mail on departure have to be transported through a non-restricted area to the aircraft, vehicles transporting such cargo and mail shall be escorted or controlled using appropriate measures during the transport to prevent unauthorized introduction of dangerous articles into the cargo and mail.”

31. Clause 7 of Article 50 is amended as follows:

“7. Transfer/transit cargo and mail are not required to undergo security check if there is a consignment security declaration proving that 100% of the transfer/transit cargo and mail have undergone security check and in one of the following cases:

a) The transit/transfer cargo and mail are not unloaded from the aircraft or apron or are subject to continuous aviation security inspection;

b) The transit/transfer cargo and mail that are transported from the apron to the storage area through a non-restricted area and vice versa shall be sealed and inspected using appropriate measures during their transport to prevent unauthorized introduction of dangerous articles into the cargo and mail.”

32. Clause 8 is added to Article 50 as follows:

“8. The airline operating the inbound flight that carries the transit/transfer cargo and mail must provide the consignment security declaration to the transit or transfer airport/aerodrome operator and the airline operating the outbound flight that carries the transit/transfer cargo and mail.”

33. Clause 2 of Article 53 is amended as follows:

“2. Catering areas shall be protected. The entry into and operation within these areas require appropriate aviation security control badges/permits. Vehicles transporting meals from the supplying area through a non-restricted area to the aircraft shall take appropriate security measures.”

 34. Clause 5 of Article 53 is amended as follows:

“5. If carts and bags containing meals are transported from another area to a restricted area without being sealed or the security seals or the carts and bags containing meals are no longer intact, they shall undergo X-ray screening or manual check before being transported to the airport restricted area to be carried on board the aircraft and shall be subject to continuous aviation security inspection.”

35. Clause 3 of Article 55 is amended as follows:

“3. After receiving fuel to fill the aircraft, inlet and exhaust ports of aircraft refueling vehicles shall be sealed. The vehicles shall be escorted and protected or other appropriate measures shall be taken to ensure security when traveling in non-restricted areas.”

36. Article 57 is amended as follows:

“Article 57. Security inspection of passengers denied entry

1. Every airline shall be responsible for its passengers who are denied entry to Vietnam and has the obligation to:

a) arrange the passengers' departure out of Vietnam as soon as practicable;

b) cooperate with the border checkpoint police authority in impounding passengers’ identity documents and initiate procedures to get other documents issued by the immigration authority for the purpose of transporting such passengers in case they do not have valid identity documents;

c) Notify the border checkpoint police authority and airports authority of the list of passengers, time and place where passengers denied entry are managed and the number of the flight out of Vietnam;

d) Keep identity documents or other documents issued by the immigration authority and return them to passengers only when they have been transferred to the competent authority of the country where the aircraft arrives.

2. If the airline transports passengers denied entry to a foreign country back to Vietnam, the airline shall cooperate with the competent authority of the home country to obtain their identity documents or other documents issued by the competent authority of the home country for the purpose of transporting such passengers.

3. If passengers denied entry are managed and supervised at an airport/aerodrome, the aviation security control force shall manage and supervise them. If a passenger denied entry does not voluntarily return home, the airline shall request security staff to escort him/her during flight. At least 01 staff member escorts 01 passenger.

4. The airline shall incur all costs in connection with passengers denied entry, except for the case in Clause 6 of this Article.

5. The airline representative shall notify the pilot-in-command of the seats of passengers denied entry and escorts and their combat gears. The pilot-in-command shall notify the aviation security control force of the airport/aerodrome or foreign authority in the area where the aircraft is expected to land of necessary assistance.

6. If a passenger holding foreign nationality has entered Vietnam and then left Vietnam for the third country but is denied entry and forced to return to Vietnam, the airline shall transport such passenger back to Vietnam and transfer him/her to the border checkpoint police authority and the airline shall cooperate with the border checkpoint police authority in verifying his/her itinerary, identity information and nationality.”

37. Article 58 is amended as follows:

“Article 58. Security inspection of passengers who have lost their act control capacity

1. A passenger who has lost his/her act control capacity is a passenger who loses consciousness or control over his/her acts due to his/her mental disorder or use of alcoholic beverages or stimulants.

2. The transport of passengers having mental disorder shall be considered and decided by the airline representative. In case of accepting transport, the following requirements shall be satisfied:

a) Passengers having mental disorder shall be accompanied by their doctors or relatives who are able to control their abnormal acts. Where necessary, passengers having mental disorder shall be anaesthetized before embarking the aircraft. The duration of the flight must not be longer than the effective period of the medicine;

b) Passengers having mental disorder and their baggage and items shall undergo a manual check. The manual check may be conducted in a separate area;

c) Where necessary, the aviation security control force shall escort passengers having mental disorder to the aircraft and vice versa at the request of the airline representative;

d) The airline representative shall inform the pilot-in-command of the seats of passengers having mental disorder. Where necessary, the pilot-in-command shall notify the aircraft/aerodrome operator in the area where the aircraft is expected to land of necessary assistance.

3. The airline representative shall consider and decide the transport of passengers having used alcoholic beverages or stimulants but not to such an extent that they lose their act control capacity. Upon transporting such passengers, the airline must take appropriate aviation security control measures.”

38. Clause 3 of Article 60 is amended as follows:

“3. The CAAV shall issue the decision on temporary or permanent prohibition against air transport of passengers that commit violations against the law; the CAAV shall, on a case by case basis, consider deciding to conduct mandatory manual checks of people that violate regulations on security and order on board aircraft at airports and aerodromes.”

39. Article 61 is amended as follows:

“Article 61. Aviation security re-check

1. It is required to conduct an aviation security re-check of a restricted area, people, vehicles and items in the following cases:

a) Passengers and their carry-on baggage have undergone aviation security check but exit from the restricted area are required to undergo re-check upon their return.

b) The restricted area, people, vehicles and items therein contact or mix with unscreened people and items.

c) The restricted area, people, vehicles and items therein contact or mix with people suspected of carrying dangerous articles or vehicles or items containing dangerous articles.

2. The aviation security re-check of passengers and their carry-on baggage specified in Point a Clause 1 of this Article shall be conducted as follows:

a) All passengers and their carry-on baggage shall be transferred to another area and the entire related restricted area shall be re-checked;

b) All passengers and their carry-on baggage shall be re-checked before being allowed to board the aircraft;

c) If any passenger has had access to an aircraft, all passengers, their carry-on baggage and passenger cabins of the aircraft shall be re-checked.

3. If the security seal does not remain intact or checked baggage, cargo, mail, aircraft stores and supplies or carts and bags containing meals are torn or broken, they shall be re-checked before being loaded onto the aircraft.

4. The security re-check specified in Clauses 1 and 3 of this Article shall be made into a record.”

40. Clause 3 of Article 64 is amended as follows:

“3. Regarding the aircraft in operation, take measures specified in Clause 1 of this Article and the aircraft operator shall organize the control of people and items upon their embarkation and disembarkation.”

41. Clause 1 of Article 65 is amended as follows:

“1. Responsibility for aviation security check

a) Regarding aircraft in operation, if the flight crew is not changed and people and items are, upon their embarkation and disembarkation, continuously controlled by the flight crew, before the embarkation of passengers, baggage, cargo and mail, the aircraft operator shall conduct a security check of the aircraft according to the list of types of aircraft in order to detect dangerous articles that may be hidden or stowaways.

b) Regarding aircraft in operation, if the flight crew is changed and people and items are, upon their embarkation and disembarkation, not continuously controlled by the flight crew, before the embarkation or after the disembarkation of passengers, baggage, cargo and mail, the aircraft operator shall conduct a security check of the aircraft according to the list of types of aircraft in order to detect dangerous articles that may be hidden or stowaways.

c) Regarding non-operational aircraft, when put into operation, before the embarkation of passengers, baggage, cargo and mail, the aircraft operator shall conduct a security check of the aircraft according to the list of types of aircraft in order to detect dangerous articles that may be hidden or stowaways.

d) The aircraft operator must specify aircraft security check procedures in ASPs of airlines.”

42. Clause 2 of Article 76 is amended as follows:

“2. The CAAV, airports authorities, airport/aerodrome operators, airlines and aviation security assurance service providers shall publish hotlines that receive information relating to assault and acts of unlawful interference with civil aviation.”

43. Article 77 is amended as follows:

“Article 77. Scope of application of strengthened aviation security control measures

1. According to information about aviation security, and aviation security threats and risks, the Director of the CAAV shall decide to apply or cancel level of strengthened aviation security control nationwide or at a specific airport or aerodrome.

2. The CAAV shall consider granting approval for application of other countries’ similar strengthened aviation security control measures to international flights and flight routes to Vietnam.

3. The CAAV shall consider applying strengthened aviation security control measures at the request of foreign authorities in conformity with the international treaty to which the Socialist Republic of Vietnam is a signatory.

44. Clause 3 is added to Article 82 as follows:

“3. Agencies and units managing and using employees entering and operating within restricted areas and important works related to national security and important objectives regarding politics, economy, diplomacy, science - technology, culture and society in accordance with law and bear responsibility if the employees under their management commit violations against the law during performance of their duties.”

45. Clause 7 of Article 84 is amended as follows:

“7. Airports authorities and enterprises having the aviation security control force shall equip video recorders, voice recorders, cameras, binoculars and other auxiliary devices to promptly prevent violations, record and collect all information relating to the violation cases in an accurate and sufficient manner so that they are handled rapidly and satisfactorily in accordance with applicable regulations.”

46. Clause 2 of Article 87 is amended as follows:

“2. The enterprise in charge of the air traffic management service provider shall tailor its own contingency plan. The contingency plan shall conform to the general contingency plan against acts of unlawful interference promulgated by the Prime Minister and contingency plans of aviation emergency steering committees of provinces, cities and island districts.”

47. Clause 3 of Article 87 is annulled.

48. Clause 4 of Article 87 is annulled.

49. Clause 2 of Article 91 is amended as follows:

“2. The CAAV shall direct airport/aerodrome operators, Vietnamese airlines and enterprises in charge of air traffic management service providers to cooperate with relevant authorities and units in organizing an internal drill at each airport, airline and ATS provider at least every 02 years.”

50. Article 97 is amended as follows:

“Article 97. Aviation security management systems of aviation enterprises

1. An aviation security management system of the aircraft/aerodrome operator, Vietnamese airline, ATS provider, aircraft equipment maintenance, repair and manufacturing enterprise or general aviation enterprise shall satisfy the following requirements:

a) The system shall be independent of its functions and tasks; the authority assisting in aviation security shall not concurrently assume other tasks and responsibilities and power in terms of administrative issues like other assisting authorities in the same enterprise;

b) The head of the aviation security management system is a person who is mainly responsible to the board of management of the enterprise (the board of management of the airport/aerodrome in the case of an airport) for aviation security;

The Vietnamese airline that operates regular flights in a foreign country shall designate a person to be mainly responsible for its aviation security assurance in such country and the designation shall be specified in the aircraft operator's ASP;

d) The person who is mainly responsible for aviation security, deputy to the person who is mainly responsible for aviation security, and aviation security official and inspector of the aviation security management system shall comply with regulations on conditions for provision of aviation services and receive professional training appropriate to his/her title and assigned tasks in accordance with regulations specified in the Vietnam aviation training program promulgated by the Minister of Transport;

dd) The person who is mainly responsible for aviation security shall have powers, responsibilities and resources necessary to effectively implement ASPs and ASRs and such powers, responsibilities and resources shall be specified in the enterprise’s charter;

e) Heads of authorities and units having ASPs and ASRs shall define functions and tasks of their aviation security management systems and ensure the aviation security management systems have power, responsibilities and resources necessary to effectively implement ASPs and ASRs.

2. Any foreign airline that operates regular flights to Vietnam must designate and notify in writing to the CAAV of its person who is mainly responsible for aviation security in Vietnam.”

51. Clause 2 of Article 98 is amended as follows:

“2. The aviation security control staff permit shall be valid for 08 years. The security screener rating shall be valid for 12 months; mobile security staff and security controller ratings shall be valid for 24 months. In case of failure to perform the task specified in the rating for more than 06 consecutive months, the rating shall be invalid and an examination for the rating shall be taken upon returning to work.”

52. Clause 9 of Article 98 is amended as follows:

“9. Upon returning to work, the person whose aviation security control staff permit is revoked as prescribed in Clause 8 of this Article shall take an examination for the aviation staff permit and rating.”

53. Article 101 is amended as follows:

“Article 101. Works in service of aviation security assurance

1. Works in service of aviation security assurance at terminals and aerodromes include:

a) Works in service of aviation security assurance at aerodromes: aviation security fences separating restricted areas from other areas, patrol roads, intrusion alarm systems, lighting systems, guard booths, gates, doors, aviation security checkpoints, apron lighting systems;

b) Gates, doors and aviation security checkpoints at the entrance between exclusive use restricted areas and non-exclusive use restricted areas; entrance from other areas to restricted areas;

c) Emergency centers; separate aircraft parking locations; bomb, mine and dangerous items disposal trenches; assembly areas for passengers, baggage and cargo in case the aircraft is subjected to unlawful interference;

d) Systems of CCTV cameras that allow monitoring of entire terminals, aprons, roads adjacent to terminals and camera system control and monitoring rooms;

dd) Aviation security checkpoints (check areas) for passengers, baggage and cargo, including manual check and search rooms at terminals;

e) Duty rooms designated for aviation security control forces and airports authorities at terminals; rooms designated for passengers denied entry at international terminals.

2. Works in service of aviation security assurance outside terminals and aerodromes include:

a) Peripheral lighting systems; systems of CCTV cameras that allow monitoring of entire restricted areas; aviation security fences separating restricted areas from other areas;

b) Guard booths, gates, doors, aviation security checkpoints at entrance to restricted areas from other areas.

3. Works in service of aviation security assurance shall comply with the following requirements:

a) Works in service of aviation security assurance shall be inspected and maintained according to standards, regulations and law, have sufficient documents and records, and promptly repaired when broken;

b) Aviation security fences between restricted areas and other areas shall have the ability to prevent and give warnings about unauthorized access;

c) The number of doors and gates to restricted areas from other areas shall be reduced to the necessary level;

d) Screened passengers, baggage, cargo and mail shall be separated from unscreened passengers, baggage, cargo and mail;

dd) The location of the emergency center; separate aircraft parking location; bomb, mine and dangerous items disposal trench; assembly area for passengers, baggage and cargo in case the aircraft is subjected to unlawful interference shall facilitate emergency response and implementation of contingency plans;

e) The works shall ensure the separation between departure passengers, arrival passengers and transit passengers; flow of domestic and international passengers and cargo;

g) The area designated for a passenger and cargo checkpoint shall be wide enough to avoid congestion and facilitate passenger and baggage check and screening;

h) The sterile area shall be separated from the non-restricted area using durable materials; and from the restricted area using appropriate materials;

i) Appropriate materials shall be used to minimize loss of lives and damage to equipment of terminals and aerodromes in the event of fire or explosion;

k) By December 31, 2025, airports or aerodromes that have been constructed but have not yet had any appropriate works in service of aviation security assurance shall comply with all regulations set out in Clause 1 of this Article.

4. Requirements and standards applied to aviation security fences, gates, doors, barriers, lighting systems, CCTV camera systems, guard booths and patrol roads at airports, aerodromes and aviation service providers are specified in the Appendix XII hereof.”

54. Point a Clause 1 of Article 102 is amended as follows:

“a) X-ray machines, door-frame metal detectors, full-body scanners, CCTV cameras, intrusion alarm devices, hand-held metal detectors; explosive, weapon and dangerous article detection devices;”

55. Point b Clause 2 of Article 102 is amended as follows:

“b) X-ray machines, door-frame metal detectors, full-body scanners and hand-held metal detectors must have the combined test piece in accordance with specifications and instructions of the manufacturer;”

56. Point dd Clause 2 of Article 102 is amended as follows:

“dd) Upon purchasing new aviation security equipment, it is required to ensure the new equipment applies the world’s most advanced technology. By December 31, 2025, aviation security checkpoints that need to have full-body scanners must be sufficiently equipped.”

57. Clause 3 of Article 103 is amended as follows:

“3. X-ray machines, door-frame metal detectors, full-body scanners and hand-held metal detectors shall be tested using a combined test piece in accordance with specifications and instructions of the manufacturer.

a) Regarding X-ray machines, test requirements and procedures and log sheet are specified in the Appendix XVIII hereof;

b) Regarding door-frame metal detectors, test requirements and procedures and log sheet are specified in the Appendix XIX hereof;

c) Regarding hand-held metal detectors, test requirements and procedures and log sheet are specified in the Appendix XX hereof.

d) Regarding full-body scanners, test requirements and methods and log sheet shall follow the manufacturer’s instructions.”

58. Clause 4 of Article 103 is amended as follows:

“4. X-ray machines, door-frame metal detectors, full-body scanners, hand-held metal detectors, explosive detection devices, CCTV cameras and intrusion alarm systems shall be periodically maintained in accordance with the manufacturer’s regulations to ensure their smooth operation. Aviation security equipment that fails the test shall be discontinued. Logbooks of periodic test and maintenance and unexpected repair shall be written in a clear and accurate manner and contain the following information:

a) Name of the equipment, location and time of installation, person in charge of installation;

b) Date of test and maintenance; test and maintenance contents and results; names of technicians.”

59. Clause 2 of Article 104 is amended as follows:

“2. The following persons shall be equipped with combat gears:

a) The persons specified in Points a, b, c and dd Clause 1 of this Article shall be equipped with one or more of the following combat gears: bulletproof helmets and bulletproof vests; shields, electric gloves; tear gas grenades; tear gas guns, rubber bullet guns and plastic bullet guns; devices used for spraying tear gas and anesthetics; stun batons, rubber batons, figure-8 handcuffs;

b) Upon carrying out patrols and standing guard in areas surrounding runways and taxiways, doors and gates adjacent to the aerodromes, restricted areas and public areas (terminals, parking lots), team members and aviation security control staff shall be equipped with one or more of the following combat gears: tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8 handcuffs;

c) Upon performing the tasks of strengthening security of flights, coercing and escorting disruptive passengers and passengers denied entry, team members and aviation security control staff shall be equipped with one or more of the following combat gears: tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8 handcuffs;

d) Upon performing tasks at a passenger, baggage and cargo checkpoint, the chief of the shift shall be equipped with one or more of the following combat gears: tear gas guns; stun batons, rubber batons;

dd) Upon performing the tasks of checking, monitoring and escorting cargo outside an airport/aerodrome, team members and aviation security control staff shall be equipped with one or more of the following combat gears: stun batons and rubber batons.”

60. Article 106 is amended as follows:

“Article 106. General regulations on aviation security quality control

1. The CAAV shall carry out inspections, assessments and public or confidential tests, and investigations at all airports, aerodromes, aviation service providers and airlines and of vehicles and equipment involved in civil aviation nationwide. Airports authorities shall carry out regular supervision, public or confidential tests, and investigations at airports, airlines and aviation service providers and of vehicles and equipment involved in civil aviation under their management. Airport/aerodrome operators shall carry out inspections, public or confidential tests, and internal investigations at airports and aerodromes under their management. Enterprises having ASPs and ASRs shall carry out inspections, public or confidential tests, internal investigations, and assessments as prescribed.

2. The aviation security regular supervision, inspections, tests, assessments and investigations shall be carried out according to the annual or unexpected quality control plan. Tests shall not be conducted on aircrafts in flight or VVIP flights.

3. An annual aviation security quality control plan shall include regular supervision, test and assessment, be prepared according to the assessment of aviation security risks, resources of authorities and units and ensure uniformity and consistency among aviation-related authorities and units, and confidentiality of confidential tests. The plan shall be prepared as follows:

a) By October 15, the airports authority shall prepare an aviation security quality control plan for the next year and submit it to the CAAV;

b) By October 30, the CAAV shall promulgate aviation security quality control plans for the next year of the CAAV and airports authority, and send them to units and enterprises having ASPs and ASRs;

c) By November 30, according to the aviation security quality control plans of the CAAV and airports authority, airport/aerodrome operators, airlines and enterprises having ASPs and ASRs shall prepare and promulgate internal aviation security quality control plans, and send them the CAAV and airports authority for supervision purpose.

4. The inspection, test and assessment, and unexpected investigation shall be decided by a competent person if deemed necessary.

5. The CAAV shall issue an aviation security control quality manual to ensure uniform and effective implementation among aviation-related authorities and units.

6. Any authority or unit that manages persons committing violations or equipment that fails to satisfy aviation security standards shall suspend such persons and equipment at the request of the head of the inspection, test and investigation team.

7. Through the aviation security regular supervision, inspections, tests and investigations and data exchanged and reported by authorities and units, the airports authorities shall produce statistics on, aggregate and analyze quality control data to update it to the aviation security database as prescribed in Article 112 of this Circular at least once a month or when any aviation security inspection, test, assessment or investigation is carried out.”

61. Title of Article 107 is changed as follows:

“Article 107. Requirements for aviation security inspection, test, assessment and investigation”

1. Clause 1 of Article 107 is amended as follows:

“1. Requirements for aviation security inspection, test, assessment and investigation by the CAAV and airports authorities:

a) There must a decision on team establishment issued by the competent person The inspection, assessment, test or investigation plan shall be approved by the person issuing the decision on team establishment;

b) The head shall prepare an inspection, assessment, test or investigation plan and submit a report on implementation thereof to the person issuing the decision on team establishment within 10 working days from the end of the inspection, assessment, test or investigation;

c) The aviation security inspection or test of enterprises shall be conducted by the CAAV and airports authorities with the frequency specified in Points d and dd of this Clause, except for unexpected cases;

d) The inspection of airport operators, airlines and aviation service providers shall be conducted at least once a year;

dd) The test on airport operators and Vietnamese airlines shall be conducted at least every year and every two years respectively.”

63. Clause 2 of Article 107 is amended as follows:

“2. Requirements for inspection, test, assessment and investigation by the airport/aerodrome operators, airlines and other enterprises having ASPs and ASRs:

a) There must be an inspection, test, assessment or investigation plan approved by the head of the organization in charge of aviation security assurance. Contents of each inspection, test or assessment must be focused and appropriate for the aviation security risks;

b) The assessment by Vietnamese airlines at foreign airports shall be paid for by the airlines and the CAAV and require CAAV's involvement.. The assessment in Vietnam by foreign airlines and aviation authorities shall be permitted by the CAAV and the assessment results shall be sent to the CAAV;

c) Every airport/aerodrome operator shall carry out an inspection and test at least once a quarter, except for unexpected cases;

d) Other enterprises having aviation security control forces shall carry out an internal inspection and test at least once a year, except for unexpected cases.”

64. Article 112 is amended as follows:

“Article 112. Organizing establishment of aviation security database

1. The CAAV shall carry out statistical production and establish aviation security database uniformly among civil aviation-related authorities and units. Aviation security database shall be protected from unauthorized access; only organizations and individuals that are permitted by the CAAV are entitled to access and operate it.

2. Aviation security database includes information about:

a) Acts of unlawful interference and cases of aviation security violations;

b) Subjects required to undergo compulsory manual checks, denied transport for security reasons or prohibited from air transport;

c) Deficiencies found through aviation security inspection and aviation security inspections, tests, assessments and investigation;

d) Aviation security control badges and permits;

dd) Infrastructure, equipment, weapons, combat gears;

e) Aviation security control organizations and forces, aviation security control staff permits.

3. The CAAC shall organize the management of aviation security database; airports authorities and enterprises having ASPs and ASRs shall regularly consolidate and update the information specified in Clause 1 of this Article to the database.

4. The CAAV provide guidelines for statistical production, reporting, update, operation, management and use of aviation security database.”

65. Clause 1 of Article 114 is amended as follows:

“1. Carry out aviation security quality control within their power. Inspect and supervise the compliance with regulations of law on aviation security assurance, ASPs and ASRs, implementation of measures to ensure aviation security and provide aviation security assurance services at airports and aerodromes and taking of actions against violations of aviation security and public order at airports and aerodromes. Take part in responding to acts of unlawful interference at airports and aerodromes as prescribed. Take part in appraising ASPs and ASRs at the request of the CAAV.”

66. Clause 11 of Article 115 is amended as follows:

“11. Comply with regulations on issuance and management of aviation security control badges and permits. If an airport enterprise has updated information about issuance of aviation security control badges and permits to the aviation security database within 05 working days from the issuance of the aviation security control badges and permits, it is not required to send the list of issued badges and permits to the airport authority as prescribed in Clause 2 Article 20, Clause 2 Article 21, Clause 3 Article 23 and Clause 3 Article 24 of this Circular.”

67. Clause 9 of Article 116 is amended as follows:

“9. Escort people and special vehicles that may threaten aviation security as prescribed or upon request. Manage and supervise passengers denied entry as prescribed by law.”

68. Clause 2 of Article 117 is amended as follows:

“2. Organize the assurance of aviation security as prescribed in this Circular; ATS providers, air catering services enterprises, aviation fuel service enterprises and aircraft maintenance, repair enterprises shall form aviation security control forces in charge of aviation security assurance in areas under their management.”

69. Point b Clause 5 of Article 118 is amended as follows:

“b) organize an aviation security system as prescribed in Articles 92, 93, 96 and 97 of this Circular;”

70. Point k Clause 5 of Article 118 is amended as follows:

“k) Report to the CAAV the differences of the airlines’ ASPs submitted to foreign aviation authorities from Vietnamese law. Follow the CAAV’s professional guidelines regarding aviation security.”

71. Clause 7 of Article 118 is amended as follows:

“7. When completing procedures for selling airline tickets, every airline must request passengers to provide their personal information according to the Appendix XIV hereof. When completing procedures for receiving application forms for transport of cargo and mail, every airline shall notify passengers of its policy on transport of special articles specified in Article 52 of this Circular or transport of dangerous articles, diplomatic pouches and consular pouches (if any).”

72. Point 11 Chapter III of the Appendix II is amended as follows:

“11. Assurance of security of VVIP flights, codeshare flights, chartering of aircraft without flight crew, chartering of aircraft with flight crew; general aviation flights with parking positions outside airports and airports.

11.1. Rules, general regulations and requirements for assurance of aviation security during operation.

11.2. Implementation of measures to ensure security of VVIP flights, codeshare flights, chartering of aircraft without flight crew, chartering of aircraft with flight crew, general aviation flights.

11.3. Procedures for ensuring security upon guarding, supervision and protection of aircraft in operation, access control, aircraft boarding, aircraft security inspect and search.

11.4. Passenger and baggage security assurance procedures.

11.5. Procedures for guarding, supervision and protection of aircraft not in operation, affixing of security seals.”

73. Chapter VI of the Appendix II is amended as follows:

 “Chapter VI. INVESTIGATION INTO AND HANDLING OF AVIATION SECURITY VIOLATION CASES

1. Rules for investigation and handling

2. Purposes of and requirements for investigation and handling.

3. Investigation and handling procedures.

4. Responsibility for handling.

5. Reporting.

6. Making comments and drawing on experience.

7. Document archiving.”

74. Chapter VIII of the Appendix II is amended as follows:

 “Chapter VIII. AVIATION SECURITY RISK MANAGEMENT

1. General regulations on risk management.

2. Organizing risk assessment.

3. Reporting of risk assessment results.

4. Use of risk reports.

5. Archiving of documents on risk management.

75. Chapter IX is added to the Appendix II as follows:

 “Chapter IX. APPENDIXES”

76. Point 3 Section A, Point 3 Section B, Point 3 Section C and Point 3 Section D Chapter IV of the Appendix V are amended as follows:

“3. Forming forces in charge of aviation security assurance and patrol and guarding at enterprises.”

77. The final section of the Appendix VII is added as follows:

 “THỦ TRƯỞNG CƠ QUAN, ĐƠN VỊ (“HEAD OF AUTHORITY/UNIT”)

(ký tên, đóng dấu) (“signature and seal”)”

78. The Note section of the Appendix VIII is amended as follows:

 “Ghi chú:

(Note:)

- Bản khai phải ghi đầy đủ tất cả các nội dung được yêu cầu trong 22 mục; nếu ghi không đầy đủ sẽ là Bản khai không hợp lệ và không được xem xét để cấp thẻ (All fields in paragraph 22 must be filled, otherwise the application will be rejected).

- Mục 22.2 chỉ áp dụng đối với các đối tượng quy định tại điểm a, b và c khoản 1 Điều 14 của Thông tư này khi đề nghị cấp mới hoặc khi đề nghị cấp lại do thay đổi vị trí công tác khác cơ quan, đơn vị.

(Only subjects specified at the points a, b and c in clause 1, Article 14 of this Circular subjected to provisions at Session 22.2 for the new issuance of airport security permits).

- Đối với tờ khai đề nghị người khai thác cảng hàng không, sân bay cấp thẻ, người xác nhận chỉ đóng dấu nếu có dấu.

(For the personal form request the airport permit issued by the airport operator, the stamp is subjected to availability of the office's seal).

- Đóng dấu giáp lai các trang của Tờ khai.”

(Affix stamps on adjoining edges of pages of the Declaration.)

79. The Form of the List of vehicles to be issued with airport/aerodrome security control permits with short-term use in the Appendix IX is amended as follows:

LIST OF VEHICLES

(Enclosed with the Official Dispatch No. ...../.... dated (dd/mm/yyyy)...  of (name of the applicant) ..............................................................)

Note:

(1) For vehicles participating in traffic outside an airport/aerodrome.

(2) For special purpose vehicles operating within an air operations area.

Requirement: the list must be submitted together with the documents declared. If the list contains 02 pages or more, it is required to affix stamps on adjoining edges of such pages.”

80. Point 5.2.3 of the Appendix XII is amended as follows:

“5.2.3. Be supervised by aviation security control staff of the authority or enterprise or using a device.”

81. Point 2 Section IV of the Appendix XIII is amended as follows:

“2. Stamps and security wires received from suppliers must be included in a logbook for management and monitoring purposes, and stored in a scientific way to avoid loss or damage.”

82. Title of the Appendix XIV is changed as follows:

“Appendix XIV

PERSONAL INFORMATION REQUIRED UPON PURCHASING AIRLINE TICKETS; IDENTITY DOCUMENTS, AIRLINES TICKETS AND BOARDING PASSES

83. Point a Clause 2 Section I of the Appendix XIV is amended as follows:

 “a) Regarding a passenger holding foreign nationality: foreign passport or laissez-passer, separate visa; diplomatic identity card issued by the Ministry of Foreign Affairs to members of diplomatic missions, consular missions and representative offices of international organizations; permanent residence card, temporary resident card; driver's license; airport/aerodrome security control badge with long-term use; Vietnamese airline’s identification badge. If the passenger has lost his/her passport, there must be a diplomatic note issued by the diplomatic mission or consular mission of the passenger’s country of nationality or an official dispatch of the Department of External Relations (certified by the local police authority of the area where his/her passport is lost) on certification of his/her personal identification and loss of passport. The official dispatch or official dispatch must include a photo and joint-page seal. The diplomatic note and official dispatch is valid for 30 days from the date of certification;”

84. Point a Clause 6 Section I of the Appendix XIV is amended as follows:

“6. At ticket agents and check-in counters and on the airline's website, the regulations on passengers’ personal information required upon purchasing airline tickets, and passengers' identity documents must be publicized.

85. Section II of the Appendix XIV is amended as follows:

 “II. Airline tickets and boarding passes

1. Upon purchasing an airline ticket, a passenger must provide the following personal information:

a) Full name;

b) Date of birth.

2. Upon completing the check-in process, the passenger must prevent his/her airline ticket and boarding pass of the issuing airline. 

3. An airline ticket or boarding pass must contain at least:

a) Ticket number or code of the passenger.

b) Full name of the passenger;

c) Flight number;

d) Flight route.”

86. Points 1.1, 3.1, 1.17, 2.17 and 3.17 of the Appendix XVII are amended as follows:

“1.1. Increase the number of aviation security control staff in charge of restricted area inspection.”

“3.1. Increase the number of aviation security control staff in charge of inspection by 10%.”

“1.17. Increase the internal reporting. Make quick reports via hotlines on a daily basis to the CAAV. The aviation security control forces shall make an addition of 20% of its staff in a normal shift to be ready for duty.”

“2.17. Aviation units shall keep 24/7 watch and make a report every 12 hours and immediate report when it is necessary to seek opinions from the CAAV. The aviation security control force shall make an addition of 30% of its staff in a normal shift to be ready for duty.”

“2.17. Units shall keep 24/7 watch and make a report every 04 hours and immediate report when it is necessary to seek opinions from the CAAV. The aviation security control force shall mobilize 100% of its staff to stand watch.”

87. Point 4 Section II of the Appendix XVIII is amended as follows:

“4. Test 3: simple penetration

Requirement: the lead is visible beneath 14mm of steel.

The test defines what thickness of steel the machine should be able to penetrate. The steel step wedge on the CTP has steps of 2mm to 12 to 24mm with a lead strip underneath to check the machine’s ability.

88. The Note sections in Sections A, B and C of the Appendix XXIV is amended as follows:

“Bộ phận an ninh hàng không (Trung tâm, Phòng, Ban, Đội...) (“The aviation security department (Center, Division, Team, etc.”).”

Article 2. Effect

1. This Circular comes into force from March 15, 2021.

2. Any air catering services enterprise or aviation fuel service enterprise that has yet to form its own aviation security control force as prescribed due to the Covid-19 pandemic shall complete the formation by January 01, 2023.

Article 3. Responsibility for implementation

The Chief of the Ministry Office, the Chief Inspector of the Ministry, Directors, the Director of the Civil Aviation Authority of Vietnam, heads of organizations and individuals concerned are responsible for the implementation of this Circular./.