Nghị định 96/2021/ND-CP

DECREE

ON THE GOVERNING OF FLIGHTS FOR DIGNITARIES ON PRIVATE PLANES OR COMMERCIAL PLANES

Pursuant to the Law on Government organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Guards dated June 20, 2017;

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

Upon request of the Minister of Transport;

The Government promulgates a Decree on the governing of flights for dignitaries on private/commercial planes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree sets out the governing of flights for dignitaries operated by Vietnamese airlines and flights for dignitaries operated by foreign airlines/authorities within Vietnam’s airspace and flight information region (FIR) under Vietnam’s management.

2. Regulated entities of this Decree include organizations and individuals in conjunction with the governing of flights for dignitaries operated by Vietnamese airlines and flights for dignitaries operated by foreign airlines/authorities within Vietnam’s airspace and flight information region (FIR) under Vietnam’s control.

Article 2. Interpretation

For the purpose of this Decree, terms herein shall be construed as follows:

1. “Dignitary’s flight on private plane” means a flight operated by a private plane to carry one of the dignitaries prescribed in Article 4 hereof as announced by the competent authority as per this Decree.

2. “Dignitary’s flight on commercial plane” (the whole or a part) means a flight operated by a commercial airline in which the seat for the dignitary mentioned in Article 4 hereof is purchased and confirmed by the competent authorities as announced by the competent authority as per this Decree.

3. "Vietnamese dignitary’s flight on private/commercial plane” means a flight operated by a Vietnamese airline or a body of the Ministry of National Defense to carry one of the dignitaries within or beyond Vietnam’s airspace.

4. “Foreign dignitary’s flight on private plane” means a flight operated by a foreign airline or a foreign authority to carry one of the dignitaries as mentioned in Article 8 hereof using a private plane into/through/out of Vietnam’s territory and the flight information region (FIR) under Vietnam’s control.

5. “Notice of Vietnamese dignitary’s flight on private/commercial plane” means a document made by the competent authority in Article 5 hereof ordering or assigning the governing of dignitary’s flight on private/commercial plane to the entities prescribed in clause 2 Article 7 hereof.

6. “Notice of foreign dignitary’s flight on private plane” means a document made by the competent authority in Article 9 hereof assigning the governing of dignitary’s flight on private plane to the entities prescribed in clause 2 Article 10 hereof.

Article 3. Principles of governing of dignitary’s flights on private/commercial planes

1. Maintain absolute security and safety.

2. Conform to regulatory dignitary’s aircraft standards.

3. Keep confidentiality of the security plan for the dignitaries as per the law.

4. Assure greeting and farewell courtesies for dignitary’s flights as prescribed.

Chapter II

GOVERNING OF VIETNAMESE DIGNITARY’S FLIGHTS ON PRIVATE/COMMERCIAL PLANES

Article 4. Individuals granted Vietnamese dignitary’s flights on private/commercial planes

1. The General Secretary of the Central Committee of the Communist Party of Vietnam.

2. The President of the Socialist Republic of Vietnam.

3. The Prime Minister of the Socialist Republic of Vietnam.

4. The Chairperson of the National Assembly of Vietnam.

5. The entities prescribed in Article 8 hereof.

Article 5. Authority to notify Vietnamese dignitary’s flights on private/commercial planes

1. The Office of the Central Committee of the Communist Party of Vietnam.

2. The Office of the President.

3. The Office of the Government.

4. The Office of the National Assembly.

5. External Relations Committee of the Party Central Committee.

Article 6. Enterprises receiving orders, entities designated to operate Vietnamese dignitary’s flights on private/commercial planes

1. Enterprises receiving orders to operate Vietnamese dignitary’s flights on private/commercial planes are Vietnamese airlines that meet eligibility criteria as prescribed by the Minister of Transport.

2. Entities designated to operate Vietnamese dignitary’s flights on private/commercial planes are affiliates of the Ministry of National Defense that meet eligibility criteria as prescribed by the Minister of National Defense.

Article 7. Notice of Vietnamese dignitary’s flights on private/commercial planes

1. The written notice of a Vietnamese dignitary’s flight on private/commercial plane shall indicate:

a) Passengers and quantity, composition;

b) The flight’s itinerary;

c) The Vietnamese airline or affiliate of the Ministry of National Defense designated to operate the dignitary flight;

d) Requirements for greeting/farewell courtesies;

dd) Requirements for national defense and security, and other specific requirements.

2. The written notice of Vietnamese dignitary flight on private/commercial plane shall be sent to the following entities:

a) For domestic dignitary’s flights on private/commercial planes operated by Vietnamese airlines:  Ministry of Public Security (The Guard High Command), Ministry of Transport (Civil Aviation Authority of Vietnam), Ministry of National Defense (Operations Bureau, Air and Air Defense Force), the enterprise ordered to operate the dignitary’s flight;

b) For international dignitary's flights on private/commercial planes operated by Vietnamese airlines:  Ministry of Foreign Affairs  (The Consular Department, Directorate of State Protocol), Ministry of Public Security (The Guard High Command), Ministry of Transport (Civil Aviation Authority of Vietnam), Ministry of National Defense (Operations Bureau, Air and Air Defense Force), the enterprise ordered to operate the dignitary’s flight;

c) For domestic dignitary’s flights on private/commercial planes operated by affiliates of the Ministry of National Defense:  Ministry of National Defense, Ministry of Public Security (The Guard High Command), the provider of air navigation services;

d) For international dignitary’s flights on private/commercial planes operated by affiliates of the Ministry of National Defense:  Ministry of Foreign Affairs  (The Consular Department, Directorate of State Protocol), Ministry of Public Security (The Guard High Command), Ministry of National Defense, Ministry of Transport (Civil Aviation Authority of Vietnam), the provider of air navigation services.

3. Deadline for notice of Vietnamese dignitary’s flight on private/commercial plane is as follows:

a) For dignitary’s flight on private plane: at least 5 days ahead of the expected date of departure of a domestic flight; or at least 10 days prior to the expected date of departure of an international flight;

b) For dignitary’s flight on commercial plane: at least 24 hours ahead of the expected date of departure of a domestic flight; or at least 5 days prior to the expected date of departure of an international flight; except for special case;

c) For dignitary’s flight on private plane operated by the Ministry of National Defense:  at least 5 days ahead of the expected date of departure of the flight; except for special case.

4. Notice of Vietnamese dignitary’s flight on private/commercial plane shall be deemed as an assignment to the affiliate of Ministry of National Defense or an order to the Vietnamese airline.

Chapter III

GOVERNING OF FOREIGN DIGNITARY’S FLIGHT ON PRIVATE PLANE

Article 8. Application of standards and procedures for operation of foreign dignitary’s flights on private planes into or out of Vietnam

Standards and procedures for Vietnamese dignitary’s flights on private planes shall also apply to foreign dignitary’s flights on private planes that carry heads of state, legislative bodies, and governments of other countries making state visits, official visits, working visits, personal visits in Vietnam.

Article 9. Vietnamese agencies duly authorized to notify foreign dignitary’s flights

1. All agencies specified in Article 5 hereof.

2. Department of Foreign Relations - Ministry of National Defense.

3. The Consular Department, Directorate of State Protocol - the Ministry of Foreign Affairs.

Article 10. Notice of foreign dignitary's flight on private plane

1. The written notice of a foreign dignitary’s flight on private plane shall indicate:

a) Passengers and quantity, composition;

b) The flight’s itinerary;

c) The foreign airline, foreign agency that operates the flight;

d) Requirements for greeting/farewell courtesies;

dd) Requirements for national defense and security, and other specific requirements (if any).

2. The written notice of foreign dignitary’s flight on private plane shall be delivered to the following entities: Ministry of Public Security (The Guard High Command), Ministry of Transport (Civil Aviation Authority of Vietnam), Ministry of National Defense (Operations Bureau, Air and Air Defense Force).

3. A notice of foreign dignitary’s flight on private plane shall be delivered at least 7 days prior to the expected date of the flight, unless otherwise under special circumstances.

4. The recipients of the notice of foreign dignitary’s flight shall perform their tasks as prescribed.

Article 11. Procedures for operation of foreign dignitary’s flight on private plane

1. The relevant agencies shall implement procedures for operation of foreign dignitary’s flight on private plane as per Article 8 hereof.

2. If the foreign party requires standards and procedures for operation of the flight other than those prescribed by Vietnamese party, Civil Aviation Authority of Vietnam shall take charge and cooperate with relevant agencies and organizations in, based on applicable regulations, actual circumstances and capacity, reporting the Vietnamese competent authority to make a notice of dignitary’s flight on private plane to reach an agreement with the foreign party.

Chapter IV

RESPONSIBILITIES OF RELEVANT ENTITIES

Article 12. Responsibilities of Office of the Central Committee of Communist Party of Vietnam, Office of the President, Office of the Government, the Office of the National Assembly, External Relations Committee of the Party Central Committee

1. Send notices of Vietnamese dignitary’s flights on private/commercial planes and foreign dignitary’s flights on private planes as prescribed.

2. Take charge and cooperate with relevant entities in preparing and implementing plans for Vietnamese dignitary’s flights on private/commercial planes.

3. Notify the decision of the individual granted a Vietnamese dignitary’s flight on private plane as prescribed in Article 4 hereof of the departure time in a special case as prescribed in clause 3 Article 7 hereof.

4. Take charge with relevant agencies and enterprises to hire foreign airlines to operate dignitary’s flights on private planes for Vietnamese dignitaries overseas where necessary; cooperate with the Ministry of Foreign Affairs in ensuring greeting/farewell courtesies for Vietnamese dignitary’s flights on private planes overseas.

5. Cooperate with Ministry of National Defense in implementing Vietnamese dignitary’s flights on private/commercial planes operated by affiliates of Ministry of National Defense.

Article 13. Responsibilities of the Ministry of Transport and divisions, enterprises in the aviation sector of Vietnam

1. The Minister of Transport shall prescribe standards for aircraft and aviation personnel; the process of management, implementation, operation and other necessary assurance activities for Vietnamese dignitary’s flights on private/commercial planes performed by Vietnamese airlines, and the procedures for operation of foreign dignitary’s flights on private planes; appraise and propose the Ministry of Finance to determine the maximum hire for official dignitary’s flights on private/commercial planes (taking into account the reserve aircraft) in the method of the order; stipulate specific prices for ordering Vietnamese dignitary’s flights on private/commercial planes using the state budget on the basis of the maximum price per flight hour for the official aircraft (taking into account the reserve aircraft) as regulated by the Ministry of Finance.

2. The Civil Aviation Authority of Vietnam shall:

a) Take charge of and carry out tasks concerning the governing of Vietnamese dignitary’s flights on private/commercial planes operated by Vietnam airlines and of foreign dignitary’s flights on private planes;

b) Direct and supervise if aviation-sector entities operate dignitary’s flights on private/commercial planes in accordance with security and safety standards;

c) Grant flight permits for Vietnamese dignitary’s flights on private planes operated by Vietnamese airlines in accordance with regulations, and foreign dignitary’s flights on private planes flying over Vietnam's airspace and the flight information region under Vietnam’s control;

d) Cooperate with relevant agencies and units of Vietnam and abroad to handle situations in the process of governing of dignitary’s flights on private/commercial planes and to carry out the assigned tasks specified in Clause 2, Article 11 of this Decree.

3. Airport authorities shall:

a) Initiate governing of dignitary’s flights on private/commercial planes to regulatory agencies, providers of aviation services at airports, airfields;

b) Supervise the governing of dignitary’s flights on private/commercial planes by organizations and individuals at airports, airfields under their management.

4. Airport or airfield operators shall determine aircraft apron, aircraft parking positions, lounges to serve dignitary’s flights on private/commercial planes; coordinate with airlines and aviation service providers at airports and airfields to serve Vietnamese dignitary’s flights on private/commercial planes and foreign dignitary’s flights on private planes.

5. The provider of air navigation services shall provide air navigation services according to their competence for Vietnamese dignitary’s flights on private/commercial planes and foreign dignitary’s flights on private planes.

6. The Vietnamese airline designated to operate Vietnamese dignitary’s flights on private/commercial planes shall:

a) Meet the standards for Vietnamese dignitary’s flights on private/commercial planes as prescribed by Ministry of Transport; maintain aviation security and safety for the flights;

b) Plan an international dignitary’s flight of Vietnam on private plane and send a notice of flight itinerary to the Consular Department at least 7 days prior to the expected date of departure;

c) In case a notice of a Vietnamese dignitary's flight on private plane is delivered after the deadline specified in clause 3 Article 7 hereof, the Vietnamese airline shall promptly inform relevant agencies of the difficulties or issues for timely actions;

d) Take charge and cooperate with relevant providers of services in performing tasks to serve the dignitary’s flights on private/commercial planes.

Article 14. Responsibilities of Ministry of National Defense

1. Minister of National Defense shall stipulate standards of aircraft, flight crews, prices for operation of dignitary’s flights on private/commercial planes funded by the state budget and other necessary assurances in service of dignitary’s flights on private/commercial planes performed by affiliates of the Ministry of National Defense; stipulate the coordination, management and protection of dignitary’s flights on private/commercial planes operating in the airspace of Vietnam and the flight information region under Vietnam’s control.

2. Take charge and cooperate with the Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Transport and People’s Committees of provinces or central-affiliated cities in taking security measures for dignitary’s flights on private/commercial planes performed by affiliates of Ministry of National Defense.

3. The Operations Bureau and Air and Air Defense Force and the entity designated to operate Vietnamese dignitary’s flights on private/commercial planes shall: take charge of airspace management, cooperate with air traffic control service providers to operate dignitary’s flights in the Vietnam’s airspace and the flight information region under the administration of Vietnam; cooperate with relevant authorities to serve dignitary’s flights on private/commercial planes from/to aerodromes under the administration of the Ministry of National Defense; grant flight permits to dignitary’s flights on private/commercial planes operated by affiliates of Ministry of National Defense within Vietnam’s territory and the flight information region under the administration of Vietnam; directly take charge of the operation and management of Vietnamese dignitary’s flights on private/commercial planes operated by the affiliates of Ministry of National Defense.

4. Make notices of foreign dignitary's flights on private planes as prescribed in Article 9 hereof.

Article 15. Responsibilities of Ministry of Foreign Affairs

1. Consular Departments shall take charge and cooperate with Vietnamese airlines or divisions of the Ministry of National Defense designated to operate Vietnamese dignitary flights on private planes to apply for the permits of flights to foreign countries where Vietnamese dignitary flights will fly into/through/out of through diplomatic channels; issue flight permits to foreign dignitary flights on private planes within the authority.

2. Directorate of State Protocol shall take charge of greeting and farewell courtesies to dignitaries on Vietnamese and foreign dignitary’s flights within their competence; make a request, at its discretion or via the overseas representative mission of the Socialist Republic of Vietnam, to the authorities of the host country to exempt or reduce fees and charges for Vietnamese dignitary’s flights on private planes to foreign countries on the principle of reciprocity.

3. Make notices of foreign dignitary's flights on private planes into and out of Vietnam as prescribed in Article 9 hereof.

Article 16. Responsibilities of Ministry of Public Security

1. Take charge of and cooperate with the Ministry of Transport in giving instructions on implementation of security measures applicable to Vietnamese dignitary’s flights on private/commercial planes operated by Vietnamese airlines; foreign dignitary’s flights on private planes to and from Vietnam as prescribed.

2. The Guard High Command shall cooperate with the relevant authorities to provide aviation security for Vietnamese dignitary’s flights on private/commercial planes and monitor the security of foreign dignitary’s flights on private planes.

Article 17. Responsibilities of Ministry of Finance

Guide the making, payment, settlement and funding of regulatory agencies to pay for Vietnamese dignitary’s flights on private/commercial planes from the state budget; regulations on the maximum hire for official dignitary’s flights on private/commercial planes (taking into account the reserve aircraft) paid from the state budget by the competent authorities to notify the Vietnamese dignitary’s flights on private/commercial planes specified in Article 5 of this Decree to place orders on the basis of appraisal and proposal of the Ministry of Transport.

Article 18. Responsibilities of People’s Committees of provinces or central-affiliated cities

Cooperate with Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs and relevant agencies and units in security assurance for Vietnamese dignitary’s flights on private/commercial planes, foreign dignitary’s flights to and from Vietnam and safety, order, and greeting/farewell courtesies for dignitaries on Vietnamese dignitary’s flights on private/commercial planes.

Chapter V

IMPLEMENTATION

Article 19. Entry in force

1. This Decree comes into force as of the date of signing.

2. The Decree supersedes the Government’s Decree No. 03/2009/ND-CP dated January 01, 2009 on the governing of dignitary’s flights on private planes.

Article 20. Implementation

The Chief of Office of the Communist Party of Vietnam, The Head of External Relations Committee of the Party Central Committee, Chairman/Chairwoman of the Office of the President, Chairman of the Office of the National Assembly, Ministers, Heads of ministerial-level agencies, heads of governmental agencies, Presidents of People’s Committees of provinces and heads of relevant entities shall implement this Decree.