Quyết định 44/2009/QD-TTg

Decision No. 44/2009/QD-TTg dated March 26, 2009, on the general emergency plan against acts of unlawful interference in civil aviation

Nội dung toàn văn Decision 44/2009/QD-TTg general emergency plan against acts of unlawful interference civil aviation


PRIME MINISTER
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 44/2009/QD-TTg

Hanoi, March 26, 2009

 

DECISION

ON THE GENERAL EMERGENCY PLAN AGAINST ACTS OF UNLAWFUL INTERFERENCE IN CIVIL AVIATION

PRIME MINISTER

Pursuant to the Law of Government Organization dated December 25, 2001;

Pursuant to the Law of Vietnam Civil Aviation dated July 12, 2006;

At the request of the Minister of Transport,

DECISION

Article 1. The general emergency plan against acts of unlawful interference in civil aviation is promulgated.

Article 2. This decision shall come into force 45 days after the date that it is signed.

Article 3. Ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial People's Committees and heads of relevant organizations shall be responsible for implementing this Decision./.

 

 

PRIME MINISTER




Nguyen Tan Dung

 

PLAN

FOR GENERAL EMERGENCY AGAINST ACTS OF UNLAWFUL INTERFERENCE IN CIVIL AVIATION
(Annexed to the Prime Minister’s Decision No. 44/2009/QD-TTG dated March 26, 2009)

Chapter 1.

GENERAL PRINCIPLES AGAINST ACTS OF UNLAWFUL INTERFERENCE

I. OBJECTIVE, REQUISITE AND PRECEPT OF INSTRUCTIONS ON COMBATING ACTS OF UNLAWFUL INTERFERENCE

1. Preclude actively, combat effectively and minimize adverse consequences of acts of unlawful interference in civil aviation; prioritize the protection of human life and employ necessary violent measures only in the absence of other solutions.

2. Prioritize the provision of essential supports to unlawfully interfered aircrafts.

3. Maintain most of normal operations in unlawfully interfered places.

4. Adhere to the laws of Vietnam and accord with international civil aviation conventions and international agreements to which Vietnam is a signatory.

5. Incorporate 4 on-site principles: On-site procedure, on-site force, on-site equipment and on-site logistics.

II. CLASSIFICATION OF ACTS OF UNLAWFUL INTERFERENCE

The following classification of the acts of unlawful interference is built on the seriousness of such acts:

1. Class 1 includes:

a) Unlawful seizure of an aircraft;

b) Seizure and possible use of an aircraft as weapon; use of an aircraft for the purpose of bombing or dispersing toxic substances, weapon-grade biological or chemical agents and radioactive materials;

c) Armed assault on an aircraft in flight (which took off and has not landed);

d) Organized armed assault on an airport or aerodrome or on aeronautical facilities;

dd) Seizing, rioting or terrorizing an airport, aerodrome and air navigation facilities;

e) Hostage-taking on board an aircraft.

2. Class 2 includes:

a) Unlawful introduction of bomb, mine, firearm, ammunition, biological or chemical weapon, radioactive material on board an aircraft or into an airport or aerodrome and into air navigation facilities;

b) Armed assault on civil aviation security staff or guards of an airport or aerodrome and of air navigation facilities;

c) Hostage-taking at an airport or aerodrome and at air navigation facilities.

d) Threatening to bomb or deploy biological and chemical weapon on board an aircraft in flight.

3. Class 3 includes:

a) Unlawful introduction of inflammables, detonating material, non-firearm weapon, common material convertible into dangerous substances on board an aircraft or into an airport or aerodrome and into air navigation facilities for the purpose of making explosives or other hazardous items;

b) Threatening to bomb or deploy biological or chemical weapon at an airport or aerodrome and at air navigation facilities;

c) Sabotage of an aircraft, airport or aerodrome and air navigation facilities;

d) Assault on aviation security staff or guards for unlawful intrusion on board an aircraft or into an airport or aerodrome and air navigation facilities.

III. DIRECT RESPONSE UNITS

1. The following units shall directly implement the plans against acts of unlawful interference:

a) Civil aviation units:

- Civil aviation security staff (ground and airspace security);

- Emergency rescue staff;

- Coordinating, operation, air traffic control, search and rescue staff;

- Specialized guard.

b) Police:

- Security units of the Ministry of Public Security;

- Special units of the Ministry of Public Security;

- Firefighting units;

- Provincial, district-level, communal or precinct-level police units;

- Professional negotiation units.

c) Military:

- Airspace and air traffic management system;

- Commando corps;

- Chemical corps, engineer corps;

- Search and rescue units;

- Border guards, naval units (for airports and aerodromes on islands).

d) Medical units:

- Preventive medicine units;

- Transport health service units;

- Central and local hospitals.

2. The units’ responsibilities for direct response to acts of unlawful interference:

a) Combat against acts of unlawful interference with aircrafts in flight: Civil aviation units, military units;

b) Handling of weapons, chemical or biological toxic, bombs, mines and radioactive materials: Military units;

c) Combat against the use of aircraft as weapon; use of aircraft for the purpose of bombing or dispersing toxic substances, weapon-grade biological or chemical agents and radioactive materials: Military units in compliance with tactical air defense plans;

d) Combat against armed criminals, seizure, sabotage, rebellion and hostage-taking on the ground; Police units, civil aviation units, military units;

dd) Combat against riot, unlawful introduction of hazardous items or unlawful intrusion on board an aircraft or into an airport or aerodrome and aeronautical facilities: Civil aviation units, police units;

e) Search and rescue: Civil aviation units, military units, police units;

g) Medical care: Medical units, civil aviation units.

3. The units that implement directly the plans against the acts of unlawful interference shall be mobilized according to the traits, scope and nature of the acts of unlawful interference and specific response.

4. Ministry of Transport (Civil Aviation Authority of Vietnam), Ministry of Public Security (Counter-terrorism and anti-reactionary bureau (A42); firefighting units), Ministry of National Defense (Department of Warfare; Search and rescue committee) and Ministry of Health (Preventive Medicine Department) shall instruct the development and training of personnel, the provision of the technical equipment necessary for the related units to implement the plans against the acts of unlawful interference, and the formulation of specific plans for the related units’ mobilization, command and operation, in accordance with their functions and missions.

5. Responsibilities of the operators of airports and aerodromes:

a) Cooperate with functional agencies in supervising, apprehending and evaluating threats against the aviation security at airports and aerodromes; in advising provincial People's Committees and the Civil Aviation Authority of Vietnam on implementing additional preventive measures against the acts of unlawful interference accordingly;

b) Formulate and present airport emergency plans to the Civil Aviation Authority of Vietnam for approval and implementation;

c) Develop the units responding to the acts of unlawful interference at airports and aerodromes; instruct, operate and cooperate with the aviation units functioning in airports and aerodromes in implementing the emergency plans against the acts of unlawful interference; adhere to instructions by the chief of command who coordinates the units implementing directly the plans against the acts of unlawful interference;

d) Set up an emergency center in airports, aerodromes and main premises to command and operate the combat against the acts of unlawful interference at airports and aerodromes.

6. Responsibilities of air navigation service providers located outside airports and aerodromes:

a) Supervise, apprehend and evaluate threats against the aviation security at their premises; advise provincial People's Committees and the Civil Aviation Authority of Vietnam on implementing additional preventive measures against the acts of unlawful interference accordingly; prioritize the provision of maximum supports to safeguard the aircrafts unlawfully interfered;

b) Formulate and present air traffic control response plan (if providing air traffic control services) or emergency plans (if providing other air navigation services) to the Civil Aviation Authority of Vietnam for approval and implementation;

c) Develop the related units that respond to the acts of unlawful interference in their premises; implement the emergency plans against the acts of unlawful interference, abide by the instructions of the chief of command who coordinate the units implementing directly and on-site the plans against the acts of unlawful interference.

7. Responsibility of relevant airlines: Furnish the information and documents concerning the aircrafts and passengers to the response command committee, cooperate in handling the situations and advance the response expenditure.

IV. CHIEF OF COMMAND OF THE UNITS IMPLEMENTING DIRECTLY THE PLANS AGAINST THE ACTS OF UNLAWFUL INTERFERENCE

1. The managerial person on emergency response duty of an air navigation service provider shall be the initial chief of command for implementing the plan against the acts of unlawful interference with a relevant aircraft in flight or with the provider's premises. The managerial person on emergency response duty at an airport or aerodrome shall be the initial chief of command for implementing the plan against the acts of unlawful interference with such airport or aerodrome. The initial chief of command, as the cases vary, shall hand over the right of command to the representatives of the military and police immediately upon such representatives’ readiness for taking over command.

2. The representative of the police shall be the chief of command for coordinating the units that directly implement on-site the plans against the acts of unlawful interference, except for the unlawful interference with aircrafts in flight.

3. The representative of the military shall be the chief of command for coordinating the units that directly implement the plans against the acts of unlawful interference with an aircraft in flight. Such person shall hand over the right of command to the police representative when the aircraft no longer flies and the police representative is ready to take over command.

4. The units responding directly on-site shall strictly adhere to the instructions of the chief of command.

V. USE OF WEAPON

The units in command and giving on-site response shall have the right to deploy weapons in the following circumstances:

1. Fire warning shot(s) to intimidate the perpetrators of the acts of unlawful interference.

2. Shoot to wound and hinder malfeasants from intruding on board an aircraft or into a restricted area of an airport, aerodrome, air navigation facility or protected premises.

3. Shoot to kill and stop adversaries and malfeasants that are assaulting or going to commit an armed assault on a flying or parking aircraft, on a restricted area of an airport, aerodrome or air navigation facility, or on a unit on duty.

4. Military or police combats pursuant to regulations.

VI. BENEFITS FOR EMERGENCY RESPONSE UNITS

Personnel of the bodies and units responding to the acts of unlawful interference in civil aviation, when injured or killed in action, shall receive benefits similar to those for the soldiers wounded and killed in action pursuant to the legal regulations.

Chapter 2.

EMERGENCY COMMAND SYSTEM AGAINST ACTS OF UNLAWFUL INTERFERENCE

I. NATIONAL AVIATION EMERGENCY COMMAND COMMITTEE

1. The national aviation emergency command committee is established pursuant to the Government’s Decree No. 74/2007/ND-CP dated May 09, 2007 on the implementation of certain articles of the National Security Law and the request by the Ministry of Transport with the aim of responding to the 1st-class acts of unlawful interference or upon requests of the Prime Minister.

2. Mission and authority:

- Decide the methods and processes to handle the acts of unlawful interference;

- Accede to or reject the political and financial demands of the perpetrators of the acts of unlawful interference;

- Approve the landing of aircrafts unlawfully interfered at airports and aerodromes in the territories of Vietnam; approve the take-off of aircrafts unlawfully interfered to safeguard the lives of passengers;

- Approve or solicit the participation of foreign forces;

- Agree to or decline foreign entities' demands concerning the response activities;

- The decisions of the committee’s head or vice head in charge shall be final for responding to the acts of unlawful interference.

3. National aviation emergency command center shall be based in the office of Vietnam Air Navigation Services Corporation and act as the National command committee’s headquarter for its commanding and operation of activities against the acts of unlawful interference.

II. AVIATION EMERGENCY COMMAND COMMITTEE OF PROVINCES AND CENTRAL-AFFILIATED CITIES

1. Chairpersons of People’s Committees of the provinces and central-affiliated cities where an airport, aerodrome or air traffic control service facility is located shall decide the establishment of the establishment of the provincial aviation emergency command center accordingly.

2. Composition of the committee:

a) Head: Chairperson of the People’s Committee of in the province or central-affiliated city.

b) Vice heads:

- Director of the police department of the province or central-affiliated city - Standing vice head;

- Chief of the military command of the province or central-affiliated city.

c) Members:

- General Director of the local airports corporation for international airports such as Noi Bai, Da Nang and Tan Son Nhat; Director of the airport for other airports;

- General Director of the local airports authority for international airports such as Noi Bai, Da Nang and Tan Son Nhat; Chief representative of the airports authority for other local airports.

- Chief of Office (of Deputy Chief of Office) of the People’s Committee of the province or central-affiliated city;

- 01 head officer of the air division or air defense division based in the airports that are Noi Bai, Da Nang and Tan Son Nhat; 01 head officer of the air division or air defense division based in other airports;

- Chief of command of the mobile or special police unit of the province or central-affiliated city;

- 01 Vice Director of the Department of Health of the province or central-affiliated center;

- 01 manager of the local air traffic management center in Ha Noi, Da Nang or Ho Chi Minh city; a manager of the air traffic management body in other provinces;

- 01 manager of the immigration, customs and quarantine unit of the international airport.

d) Standing body: Police department of the province or central-affiliated city.

3. Mission and authority:

a) Be summoned by the standing body to command relevant central and local agencies’ and units’ implementation of response and rectification measures upon the occurrence of local 1st-class and 2nd-class acts of unlawful interference or upon the request of the National aviation emergency command committee or the Civil Aviation Authority of Vietnam;

b) Report to and enquire of the national command committee its instructions on the matters beyond authority, which ensue during the missions; adhere to the command of the National aviation emergency command committee;

c) The decisions of the committee’s head or vice head in charge shall be final for responding to the acts of unlawful interference;

d) The standing body of the aviation emergency command committee of a province or central-affiliated city shall be responsible for:

- Acting as the permanent office of the command committee;

- Carrying out the decisions, instructions, commands and requests of the command committee, its head or vice head in charge;

- Cooperating with airports authorities, airports corporations, relevant enterprises and units in supervising and summarizing situations, evaluating the risk of aviation terrorism or the level of threat to local aviation security; reporting to the command committee promptly about the possibility of the serious acts of unlawful interference;

- Leading and cooperating with relevant units in formulating emergency plans against the acts of unlawful interference at airports, aerodromes and air traffic control facilities, presenting such plans to the chairperson of the provincial People’s Committee for approval; notifying the Civil Aviation Authority of Vietnam and contact agencies of such emergency plans for implementation;

- Representing the command committee, if not yet summoned, upon the acts of unlawful interference; reporting the emergency and giving continuous updates to the command committee for timely decisions.

d) The police department of the province or central-affiliated city, when the airport, aerodrome or air navigation facility concerned is located, shall be the headquarter of the provincial aviation emergency command committee for the management of the response to the acts of unlawful interference.

III. ISLAND-BASED AVIATION EMERGENCY COMMAND COMMITTEE

1. Chairpersons of People’s Committees of Con Dao and Phu Quoc island districts shall decide the establishment of the relevant island-based aviation emergency command committee.

2. Composition of the committee:

a) Head: Chairperson of the People’s Committee of the island district.

b) Vice heads:

- Director of the police department of the island district - Standing vice head;

- Chief of the military command of the island district.

c) Members:

- Director of Con Dao or Phu Quoc airport;

- Chief representative of the airports authority of Con Dao or Phu Quoc airport;

- Chief of office (or Deputy Chief of office) of the People’s Committee of the island district;

- 01 head officer of the air force - air defense division, the naval unit and the border guard based in the island district;

- Chief of command of the mobile and special police units;

- 01 vice manager of the island district’s clinic;

- 01 head of the air traffic management division of Con Dao or Phu Quoc airport.

d) Standing body: Police department of the island district.

3. Mission and authority:

a) Be summoned by the standing body to command relevant central and local agencies’ and units’ implementation of response and rectification measures upon the occurrence of local 1st-class and 2nd-class acts of unlawful interference or upon the request of the National aviation emergency command committee or the Civil Aviation Authority of Vietnam;

b) Report to and enquire of the national command committee its instructions on the matters beyond authority, which ensue during the response process; adhere to the command of the aviation emergency command committee of the relevant province or central-affiliated city;

c) The decisions of the committee’s head or vice head in charge shall be final for responding to the acts of unlawful interference;

d) The standing body of the aviation emergency command committee of an island district shall be responsible for:

- Acting as the permanent office of the command committee;

- Carrying out the decisions, instructions, commands and requests of the command committee, its head or vice head in charge;

- Cooperating with airports authorities, airports corporations, relevant enterprises and units in supervising and summarizing situations, evaluating the risk of aviation terrorism or the level of threat to local aviation security; reporting to the command committee promptly about the possibility of the serious acts of unlawful interference;

- Leading and cooperating with relevant units in formulating emergency plans against the acts of unlawful interference at the airport or aerodrome, presenting such plans to the chairperson of the People’s Committee of the island district for approval; notifying the Civil Aviation Authority of Vietnam and contact agencies of such emergency plans for implementation;

- Representing the command committee, if not yet summoned, upon the acts of unlawful interference; reporting the emergency and giving continuous updates to the command committee for timely decisions.

dd) The office of the island district’s police department shall be the headquarter of the provincial aviation emergency command committee for responding to the acts of unlawful interference.

Chapter 3.

DIRECT RESPONSE TO THE ACTS OF UNLAWFUL INTERFERENCE

I. AVIATION ENTITIES’ RESPONSIBILITY FOR INITIAL RESPONSE

1. Air traffic control service provider shall respond initially to the acts of unlawful interference with an aircraft in flight. The chief of command of initial response shall:

a) Implement the plan(s) for operating aircrafts unlawfully interfered, carry out priority measures to support the aircrafts in regard to flight management and other essential aids;

b) Report immediately to the airspace - air traffic management system and Ministry of National Defense for preparing the response;

c) Furnish information to Vietnamese and foreign airports, aerodromes and air traffic control facilities, relevant search and rescue centers for preparing to implement an emergency plan or search and rescue plan;

d) Evaluate the initial situation swiftly then report to the Civil Aviation Authority of Vietnam and Vietnam Air Navigation Services Corporation.

2. Airports corporations shall respond initially to all acts of unlawful interference in airports and aerodromes; or shall support initially the response to the unlawful interference with aircrafts in flight. The chief of command of initial response shall:

a) Carry out the plan(s) for response to the acts of unlawful interference and the airport and aerodrome emergency plan(s);

b) Command aviation units concerning such plan(s) to deploy personnel; command the aviation security unit to lay a siege and control closely the entry and exit at the area unlawfully interfered;

c) Decide the evacuation of people, vehicles, equipment and assets from danger if deemed necessary;

d) Strive to constrain the perpetrators of the acts of unlawful interference; authorize the discharge of firearm(s) pursuant to regulations when deemed necessary;

dd) Decide the additional aviation security measures necessary for the entire airport and aerodrome;

e) Engage in a basic conversation, when possible, with the perpetrators of the acts of unlawful interference to inquire the situation, their demands and other information necessary for the response process;

g) Carry out measures to defer the take-off of aircrafts parking at the airport or aerodrome under unlawful interference;

h) Furnish information to air traffic control service providers for their implementation of the plan(s) for operating a flying aircraft unlawfully interfered; request relevant units to conduct priority measures for supporting the landing or take-off of the aircraft unlawfully interfered;

i) Notify the direct response units’ contacts for their implementation of an emergency plan according to the seriousness and type of the acts of unlawful interference and the actual situation;

k) Evaluate the initial circumstance swiftly then report to the Civil Aviation Authority of Vietnam and the police department of the relevant province, central-affiliated city or island district.

3. Air navigation service providers shall respond initially to all acts of unlawful interference in their premises. The chief of command of initial response shall:

a) Carry out the service provider's response plan(s);

b) Decide the evacuation of people, vehicles, equipment and assets from danger if deemed necessary;

c) Command the service provider’s security unit to lay a siege and control closely the entry and exit at the premises where technical systems and equipment for air navigation services are unlawfully interfered.

d) Strive to constrain the perpetrators of the acts of unlawful interference; authorize the discharge of firearm(s) pursuant to regulations when deemed necessary;

dd) Engage in a basic conversation, when possible, with the perpetrators of the acts of unlawful interference to inquire the situation, their demands and other information necessary for the response process;

e) Report to Vietnam Air Navigation Services Corporation for support of alternative air navigation services;

g) Notify the direct response units’ contacts for their implementation of an emergency plan according to the seriousness and type of the acts of unlawful interference and the actual situation;

h) Evaluate the initial circumstance swiftly then report to the Civil Aviation Authority of Vietnam and the police department of the relevant province or central-affiliated city.

II. THE CONTACTS OF DIRECT RESPONSE UNITS.

1. Police:

a) Anti-reactionary and counter-terrorism unit, special unit, professional negotiation unit;

b) Provincial, district-level, communal or precinct-level police units;

2. Military:

a) Airspace and air traffic management units: National flight management center, air defense and air force units concerned;

b) Warfare Department - General Staff;

c) Commando Corps, Chemical Corps, Engineer Corps, border guards, naval units concerned;

d) Search and rescue units: Standing Office of the National Search and Rescue Committee.

3. Medical units: Departments of Health, hospitals in the province or city.

4. The contacts of the direct response units, when notified of an act of unlawful interference by initial response units of the aviation organizations, shall deploy personnel by their specific plans for response, deployment, command, warfare and operation according to the seriousness and type of the act of unlawful interference and the actual situation announced.

III. NEGOTIATION

1. Negotiation shall proceed, when possible, with the perpetrators of the acts of unlawful interference with civil aviation; for instance, unlawful seizure of aircraft, airport or aerodrome, hostage-taking, etc. Interpreter may be provided when necessary.

2. Negotiators shall be prudently selected and trained or be capable of negotiation, criminal psychology and other essential knowledge.

3. Negotiation shall adhere to the instructions of the chief of on-site command. The acceptance of demands concerning national defense, national security and social order shall be solely at the discretion of the Prime Minister of the head of the National aviation emergency command committee.

IV. AUTHORIZATION OF THE LANDING AND TAKE-OFF OF AIRCRAFTS UNLAWFULLY INTERFERED

1. When a non-Vietnamese aircraft unlawfully interfered asks for permission to land at an airport or aerodrome in Vietnam, such permission shall granted by the chief of command of the response plan if deemed necessary for the lives of the passengers.

2. An aircraft unlawfully interfered, if remaining on the ground, shall not obtain clearance for take-off, unless authorized by the chief of command of the response plan if deemed necessary for the lives of the passengers.

V. AIR MARSHAL

The identification of the air marshals, if available on an aircraft unlawfully interfered, covert signals and their response plans shall be fully informed to the command committee and the chief of on-site command for efficient cooperation.

VI. COMMUNICATIONS SYSTEM

1. All events and response activities, during the response to an act of unlawful interference, shall be timely notified to the command committee, the chief of on-site command and the direct response units.

2. Wired and wireless communications shall be maintained thoroughly and continuously among the command committees, between the command committees and the chief of on-site command, between the chief of on-site command and direct response units.

3. The head of the command committee and the chief of command of direct response units shall designate communicators to maintain communication when necessary.

VII. FINALIZATION OF RESPONSE TO THE ACTS OF UNLAWFUL INTERFERENCE

1. Head of an aviation emergency command committee, when commanding the implementation of a response plan against an act of unlawful interference, shall decide to end the stage of response, initiate the review of the entire progress of response, report to the higher authorities and organize a press conference.

2. Chief of command of the units that directly implement on-site the plan against the act of unlawful interference shall decide to enclose and protect the scene when necessary for examination and investigation.

3. Civil Aviation Authority of Vietnam shall direct the rectification of consequences and resumption of normal aviation activities, report to the International Civil Aviation Organization or other countries concerned by the act of unlawful interference pursuant to the duties of a state member of international treaties.

VIII. SPEECH

1. Only the head of an emergency command committee or the official speaker, designated by the emergency command committee, can disclose information regarding the process of response to the acts of unlawful interference to mass media agencies, victims and their relatives.

2. Standing bodies shall set up an area as the communication center and assign other people to support the official speaker.

3. The information official disclosed shall be subject to the command committee’s censorship.

Chapter 4.

FACILITIES, EQUIPMENT, VEHICLES AND DOCUMENTS FOR RESPONSE ACTIVITIES

I. NATIONAL AVIATION EMERGENCY CENTER

1. The national aviation emergency center is based in the office of Vietnam Air Traffic Management Corporation.

2. The center shall maintain the smoothness of all units' activities according to their functionalities and the command committee's management and activities. Moreover, the continuance of the communications system shall be maintained pursuant to regulations.

II. EMERGENCY CENTERS OF PROVINCES, CENTRAL-AFFILIATED CITIES AND ISLAND DISTRICTS

1. People’s Committee of a province, central-affiliated city or island district shall determine the location of the relevant emergency center according to actual conditions to command the response to the acts of unlawful interference in civil aviation.

2. The center shall maintain the smoothness of all units' activities according to their functionalities and the command committee's management and activities. Moreover, the continuance of the communications system shall be maintained pursuant to regulations.

III. EMERGENCY CENTERS OF AIPORTS AND AERODROMES

1. Each airport or aerodrome shall have an emergency center that commands and operates the response to the acts of unlawful interference and commands the implementation of the airport's or aerodrome's emergency plans.

2. An emergency center of an airport or aerodrome is subject to the following requirements:

a) The center is conveniently located so as to command the response;

b) The center shall maintain the smoothness of all units' activities according to their functionalities and the command committee's management and activities. Moreover, the continuance of the communications system shall be maintained pursuant to regulations.

3. If the emergency center of an airport or aerodrome is rendered unavailable by an act of unlawful interference, the emergency center of the relevant province, central-affiliated city or island district shall take command.

IV. ON-SITE MOBILE COMMAND CENTER

1. An on-site mobile command center, on case basis, may be set up with sufficient equipment and communications system at least necessary for the chief of on-site command to provide instructions and for continuous interaction with the command committee.

2. In each international airport such as Noi Bai, Da Nang and Tan Son Nhat, there shall be at least two command vehicles with the equipment and communications system at least necessary for the establishment of an on-site mobile command center.

V. GATHERING POINTS IN AIRPORTS

1. In each airport or aerodrome, gathering points shall be disposed suitably for response, safely for normal activities and convenient for control and transport.

2. The gathering points include:

a) The gathering point for passengers, luggage and cargo unloaded from aircrafts;

b) The gathering point for the response units;

c) The gathering point for victims’ first aid;

d) The gathering point for storage, transport and handling of bombs.

VI. ISOLATED PARKING OF AIRCRAFTS UNLAWFULLY INTERFERED

1. Each airport or aerodrome has to set up an isolated parking area prioritized, when possible, for the aircrafts unlawfully interfered.

2. An isolated parking area is subject to the following requirements:

a) The isolated parking area is not in the main apron and has to be in safe distance from the terminals and workshops. Such area shall least affect normal operations of the airport or aerodrome;

b) The area is convenient for observation and deployment of response units.

VII. EQUIPMENT, VEHICLES, COMMUNICATIONS SYSTEM, DOCUMENTATION, LOGISTICS AND MEDICAL CARE

1. Equipment

a) Special clothing for handling bombs and radioactive materials, bullet-proof vest and helmet, personal respirator;

b) Equipment to detect and handle weapons, explosives, flammables, chemicals and radioactive materials;

c) Equipment and vehicles for storage, transportation, clearance and handling of bombs and mines;

d) Visual equipment, including night vision devices;

dd) Person detector (to expose individuals behind walls by heat radiation);

e) Special personal communications equipment;

g) First aid kits for victims;

h) Search and rescue equipment as per regulations;

i) Computers, radio equipment, tables, chairs, closets and stationery, binoculars, clocks that display local and international time, white board, markers, ruler, flashlights, etc.;

k) Camera screens for direct observation of the scene, tape recorders, televisions that display local channels, device or screen that display the active flights at the airport;

l) Gloves, headgears, boots and masks.

2. Vehicles

a) Command vehicles (on standby in international airports such as Noi Bai, Da Nang and Tan Son Nhat);

b) Firefighting vehicles, equipment and materials;

c) Vehicles for transportation of response units;

d) Ambulances, tents, stretchers, medical supplies and medicines for first aid;

dd) Search and rescue equipment as per regulations;

e) Special mobile communications equipment.

3. Communications system

a) Mobile UHF transceiver system,

b) VHF receivers functional with the airband ranging from 117.0 to 136.0 MHz;

c) Voice communications system between the command center and the aircraft, response units, national aviation emergency command committee, emergency command committees;

d) Telephone system for the command center to communicate with vital agencies inside and outside the airport;

dd) Fax machines, telegraph machines, SITA lines connected with the airlines, voice recorders;

e) Negotiation equipment.

4. Documentation for response activities.

a) Plans for response to the acts of unlawful interference;

b) Aviation security programs;

c) Emergency plans of the airport or aerodrome;

d) Plans for operation of an aircraft unlawfully interfered;

dd) Airport map, site map at 1:2000 or 1:500 on graph paper (design details in each cell have to be shown);

e) Internal diagrams of all aircrafts scheduled to operate at the airport (with technical details such as the distance of the doors from the ground and positions through which outsiders can secretly infiltrate the aircraft, etc.)

g) Directory of phone numbers of commanding entities and individuals, vital bodies of the government, embassies and other essential organizations and persons;

h) Walkie-talkie frequencies, network diagrams and titles for users of the equipment;

i) Plans for first aid and victim isolation.

5. Logistics and medical care

Logistics and medical care mean the provision of food, transport and health care to the response units according to the requirements of the response process:

a) Food and drink;

b) On-site medical equipment, medicine and first aid kit.

Chapter 5.

PRACTICE

I. PRACTICE OF RESPONSE TO THE ACTS OF UNLAWFUL INTERFERENCE AT GRASS-ROOT LEVEL

1. Relevant forces of the units responding directly to the acts of unlawful interference shall organize drills at grass-root level in cooperation with other relevant entities according to the instructions of specialized state management authorities.

2. The drill at grass-root level shall be carried out at least once a year for each sector.

II. PRACTICE OF RESPONSE TO THE ACTS OF UNLAWFUL INTERFERENCE AT SECTORAL LEVEL

1. Civil Aviation Authority of Vietnam shall cooperate with the emergency command committees of provinces, central-affiliated cities and island districts in organizing sectoral-level drills in response to the acts of unlawful interference with the participation of aviation entities and local units concerned.

2. The drill at sectoral level shall be carried out at least once every two years.

III. PRACTICE OF RESPONSE TO THE ACTS OF UNLAWFUL INTERFERENCE AT NATIONAL LEVEL

1. Ministry of Transport shall organize national drills in response to the acts of unlawful interference with the multi-disciplinary participation of the units concerned.

2. National response drills can proceed simultaneously with national search and rescue drills held by the National Search and Rescue Committee.

3. The national drill shall be carried out at least once every three years.

Chapter 6.

EXPENDITURE

I. FINANCIAL SOURCE

1. Central state budget;

2. Local state budgets;

3. Companies' funds.

II. PRINCIPLE OF EXPENDITURE ALLOCATION

Expenditures for an entity shall be allocated and sourced from its financial source in the following manner:

1. The central state budget shall provide for operational expenditure for the National aviation emergency command committee and the Emergency center of the National command committee; the expenditure for national and sectoral-level response drills; the expenditure for training and procurement of the National aviation emergency center and Command committee;

2. The operational expenditure of the aviation emergency command committee of a province, central-affiliated city or island district and such committee’s emergency center; the expenditure for grassroot-level drills, training and procurement of the command committee and the aviation emergency center of the province, central-affiliated city or island district shall be sourced from the relevant local state budget.

3. Such expenditures shall be included in the annual budgetary estimate. The estimation and settlement of the expenditures shall adhere to the Law of state budget;

4. The expenditure for an enterprise’s missions shall be sourced from its funds and recorded as business expense./.


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Thuộc tính Văn bản pháp luật 44/2009/QD-TTg

Loại văn bảnQuyết định
Số hiệu44/2009/QD-TTg
Cơ quan ban hành
Người ký
Ngày ban hành26/03/2009
Ngày hiệu lực10/05/2009
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Lược đồ Decision 44/2009/QD-TTg general emergency plan against acts of unlawful interference civil aviation


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        Decision 44/2009/QD-TTg general emergency plan against acts of unlawful interference civil aviation
        Loại văn bảnQuyết định
        Số hiệu44/2009/QD-TTg
        Cơ quan ban hànhThủ tướng Chính phủ
        Người kýNguyễn Tấn Dũng
        Ngày ban hành26/03/2009
        Ngày hiệu lực10/05/2009
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        Lĩnh vựcGiao thông - Vận tải
        Tình trạng hiệu lựcCòn hiệu lực
        Cập nhật15 năm trước

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