Nghị định 81/2010/ND-CP

Decree No. 81/2010/ND-CP of July 14, 2010, on civil aviation security

Decree No. 81/2010/ND-CP on civil aviation security đã được thay thế bởi Decree 92/2015/ND-CP aviation security và được áp dụng kể từ ngày 27/11/2015.

Nội dung toàn văn Decree No. 81/2010/ND-CP on civil aviation security


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 81/2010/ND-CP

Hanoi, July 14, 2010

 

DECREE

ON CIVIL AVIATION SECURITY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on the Organization of the Government;
Pursuant to the June 29, 2006 Law on Civil Aviation of Vietnam;
At the proposal of the Minister of Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides measures to assure civil aviation security, respond to acts of unlawful interference with civil aviation and preserve social order and safety in areas of civil aviation; civil aviation security forces; establishments providing civil aviation security services; civil aviation security technical systems and equipment; funds for civil aviation security assurance; and responsibilities of concerned agencies, organizations and individuals for assuring civil aviation security.

Article 2. Scope of application

This Decree applies to civil aviation operations within Vietnam and civil aviation operations carried out by Vietnamese organizations and individuals outside Vietnamese territory, unless otherwise provided for by the laws of host countries.

Article 3. General principles

1. Civil aviation security is an important duty of the Vietnamese civil aviation sector aiming to protect civil aviation from acts of unlawful interference, contributing to safeguarding national security and preserving social order and safety in areas of civil aviation.

2. Applied civil aviation security standards, technical regulations, measures, processes and procedures must assure maximum security for civil aviation operations while concurrently facilitating transportation by air and complying with civil aviation treaties to which Vietnam is a contracting party.

3. Civil aviation security services are public ones.

4. Airport or airfield operators, air navigation service providers, air carriers and aircraft operators shall make reports and send them by post or directly to the Ministry of Transport and the Civil Aviation Administration of Vietnam on civil aviation security incidents and violations within 48 hours after the occurrence of such incidents or violations.

5. Ministries, ministerial-level agencies, government-attached agencies and related functional forces shall coordinate with one another in effectively implementing measures to assure civil aviation security under this Decree; perform professional work; and settle arising issues on the principle of respect for one another's functions, duties and powers as prescribed by law.

Chapter II

PREVENTIVE AND DETERRENT MEASURES TO ASSURE CIVIL AVIATION SECURITY

Article 4. Requirements on civil aviation security assurance in the construction and renovation of airports and airfields

1. Airports and airfields must have a belt fencing system, entrance gates and doors, patrol paths, security lighting systems, warning signboards, technical systems, security checking, screening and supervision equipment, locations for emergency gathering, tunnels or areas for disposal of bombs, mines and dangerous articles, meeting requirements on civil aviation security assurance.

2. Airports and airfields must meet requirements on civil aviation security isolation, checking and supervision with respect to passengers, baggage, cargo, mail and postal matters and parcels.

3. Before airports, airfields and aviation infrastructure are constructed, renovated or upgraded, their designs must be appraised in terms of civil aviation security and assurance of defense and security within airport areas.

Article 5. Security assurance for restricted areas

1. Restricted areas are areas of airports and airfields and places with aviation facilities and equipment to which access and in which activities must be subject to civil aviation security check, screening and supervision, which are protected to prevent and fight against acts of unlawful interference.

2. The establishment and protection of restricted areas at airports and airfields and places with aviation facilities and equipment must comply with the purpose of assuring civil aviation security and characteristics of civil aviation without obstructing access of people and vehicles to and normal activities in these areas; which shall be regulated in detail in the civil aviation security program of Vietnam.

3. People and vehicles entering and operating in restricted areas must have civil aviation security control cards and civil aviation security control permits issued by the Civil Aviation Administration of Vietnam and related port authorities, except aircraft passengers and in emergency cases related to civil aviation security. The Civil Aviation Administration of Vietnam shall reach agreement with related agencies on the issuance and use of civil aviation security control cards to officers and employees of other state management agencies at airports and airfields.

4. Airport and airfield operators shall organize security forces to patrol, guard, check, screen and supervise security in restricted areas at terminals and airfields under their management with a view to promptly preventing and responding to acts of unlawful interference and other acts of violation.

5. Agencies and enterprises managing restricted areas shall organize and arrange security forces to patrol, guard, check, screen and supervise security in the following restricted areas:

a/ Area of the air navigation control tower;

b/ Restricted areas outside the terminal and airfield.

6. At airfields for mixed civil and military use, army units shall organize guarding forces in areas under their management and according to their functions and duties; coordinate with civil aviation security forces in patrolling, guarding and protecting adjacent areas between the areas used for civil aviation operations and those for military operations.

Article 6. Security assurance for public areas within the premises of airports and airfields

1. Airport and airfield operators shall establish civil aviation security checkpoints and arrange civil aviation security personnel and appropriate equipment to organize patrol and control: maintain order al public areas within the premises of airports and airfields; promptly detect and handle violations of law, acts of disturbance, unclaimed baggage, suspected objects, weapons, explosives and other dangerous equipment, articles and substances.

2. Police offices at all levels in localities with airports and airfields shall arrange forces to conduct joint patrol with civil aviation security forces at public areas; promptly handle acts of disturbing order and breaching road safety rules; and combat criminals operating at public areas of airports.

Article 7. Security assurance for adjacent areas

1. Local People's Committees of adjacent areas shall manage, educate and disseminate regulations on aviation safety and security for inhabitants in adjacent areas; detect and promptly handle acts of violating safety of airfield clearance, acts of illegal cultivation, settlement and encroachment, and acts of damaging technical works and facilities assuring flight operations in these areas.

2. Police offices of all levels in adjacent areas of airports and airfields shall assume the prime responsibility for, and coordinate with related agencies and organizations in, planning and carrying out activities of preventing and deterring acts of attacking and plundering airports, airfields or aircraft that are taking off or landing.

3. Ward- and commune-level police offices in adjacent areas of airports and airfields shall assume the prime responsibility for, and coordinate with civil aviation security forces and guard forces of related agencies and units in, patrolling adjacent areas outside airports and airfields in order to detect and promptly handle acts of violation.

Article 8. Civil aviation security check, screening and supervision with respect to flights

1. Security check means measures taken to prevent the introduction of explosives, weapons or other dangerous objects which may be used to commit an act of unlawful interference.

2. Security screening means a security checking measure of using technical equipment, animals, human senses or other devices to identify and detect weapons, explosives and other dangerous devices and articles.

3. Security supervision means the use of civil aviation security officers and technical equipment to manage and monitor people and vehicles in order to detect and deter acts of violation or showing signs of violation endangering the security of civil aviation.

4. People, baggage, cargo, mail, postal matters and parcels, articles, vehicles and materials introduced on board aircraft shall be checked, screened and supervised directly by civil aviation security forces of airport and airfield operators by appropriate measures.

Article 9. Security assurance for passengers, flight crews and baggage

1. Passengers may not carry or put in their cabin baggage dangerous articles when boarding an aircraft, unless so permitted by competent state agencies.

2. Departing, transit and transfer flight crews and passengers and their cabin baggage shall, before boarding an aircraft, go through security check and screening; after going through security check and screening, they must be separated and put under constant security surveillance until they board the aircraft. After having passed security check and screening, those who come into contact or are mixed with unchecked and unscreened people shall be re-checked and re-screened.

3. Departing and transfer hold baggage must be screened at security screening points at airports and airfields. After being screened, they shall be put under security surveillance till they are loaded onto an aircraft. If a screened hold baggage is detected to have been unlawfully tampered with, it must be re-checked.

4. A hold baggage already loaded onto an aircraft but unaccompanied by the checking passenger must be taken out of the aircraft before the aircraft departs, unless it is determined to be permitted to be unaccompanied under the Law on Civil Aviation of Vietnam and it must be re-checked and re-screened.

5. Operators of commercial aircraft may only transport hold baggage bales of individuals, who travel or do not travel on the same flight, which have been screened under regulations and accepted by airlines for transportation on the flight. Baggage data must be updated and stored by ground commercial-service providers at places of departure and notified to aircraft operators for processing.

6. Airport and airfield operators shall organize civil aviation security forces to check, screen and constantly supervise passengers, flight crews and baggage introduced on board aircraft.

Article 10. Security assurance for cargo, mail and postal matters and parcels

1. Airport and airfield operators shall organize civil aviation security forces to conduct security checks, screening and supervision of cargo, mail and postal matters and parcels at airports and airfields; and conduct security checks, screening and supervision of cargo, mail and postal matters and parcels outside airports and airfields.

2. Cargo, mail and postal matters and parcels to be transported on an aircraft must be screened and put under security surveillance before being loaded on the aircraft. In case of detecting that screened cargo, mail or postal matters and parcels are unlawfully tampered with, they shall be re-screened.

3. Cargo, mail and postal matters and parcels to be transported on a freighter shall be subjected to appropriate security control measures and protected from the time they are accepted to the time they are loaded on an aircraft.

4. Diplomatic and consular mail bags are exempt from aviation security check and screening. The opening of, and refusal to transport, diplomatic and consular mail bags must comply with the law on diplomatic and consular privileges.

Article 11. Security assurance for in-flight. stores and supplies and aircraft fuel and other articles introduced on board aircraft

1. Appropriate security check measures shall be implemented with respect to in-flight stores and supplies, aircraft fuel and other articles introduced on board aircraft. After passing security check, they shall be protected till they are brought on board aircraft.

2. Airport and airfield operators shall organize the implementation of security measures to stores, aircraft fuel, supplies and articles for in-flight services and other articles introduced on board aircraft under relevant civil aviation security regulations and programs already approved.

Article 12. Aircraft security check and search

1. Prior to each flight, the aircraft operator shall itself or sign contract with civil aviation security forces to conduct a security inspection of the interior compartments and the exterior of the aircraft in order to detect suspected articles, weapons, explosives and other dangerous devices, articles and substances.

2. When a passenger leaves the aircraft at any stopover of the flight, the aircraft operator shall inspect and ascertain that the passenger does not leave his/her baggage or any article on the aircraft.

3. If there is any threatening information relating to the security and safety of an aircraft, the aircraft operator shall coordinate with the civil aviation security force at the airport to carry out emergency plans, search and inspect all interior and exterior parts of the aircraft in order to detect suspected articles, weapons, explosives or other dangerous devices, articles and substances.

4. Only after it is ascertained that there are no suspected articles, weapons, explosives or other dangerous devices, articles and substances on an aircraft may passengers, baggage and cargo be allowed to board the aircraft and the aircraft depart.

Article 13. Aircraft protection

After being thoroughly checked and searched, an aircraft must be protected and unauthorized access and boarding are disallowed until it departs. The aircraft operator shall take appropriate measures to protect the aircraft parking at the airfield or an apron outside the airfield or a workshop for repair or maintenance.

Article 14. Assurance of in-flight security

1. While an aircraft is in flight, the aircraft commander shall command in-flight security assurance work, may apply measures to prevent, restrain and respond to acts of unlawful interference, acts in violation of regulations on aviation safety assurance, acts of disturbance violating social order and safety, non-compliance with requests and instructions of the flight crew in accordance with law; and hand those who have committed such acts to competent slate agencies when the aircraft lands at the next airport or airfield.

2. Flight crew members shall obey orders, commands and instructions of the aircraft commander; implement measures to assure security and maintain order and discipline on board the aircraft: and coordinate with in-flight security officers to settle and handle cases of unlawful interference with the aircraft.

3. In-flight security officers shall obey orders. commands and instructions of the aircraft commander; proactively implement measures to prevent, detect, deter and respond to acts of unlawful interference on board the aircraft; and coordinate with crew members to settle and handle cases of unlawful interference with the aircraft in flight.

Article 15. Security assurance when carrying weapons and supporting tools on board aircraft

1. The following security officers may carry weapons, supporting tools and technical devices with them on board flights of Vietnamese air carriers:

a/ Bodyguards when performing duties of protecting Party and State leaders and foreign guests;

b/ In-flight security officers performing duties of assuring in-flight security.

2. Officers escorting the accused, defendants, prisoners, deportees, extradited persons or arrestees under pursuit warrants or persons whose entry is disallowed are permitted to carry appropriate supporting tools on board an aircraft when performing the escorting duty.

3. Those who are allowed to carry weapons and supporting tools under law but do not fall into the categories defined in Clauses 1 and 2 of this Article shall consign their weapons and supporting tools to the air carrier when carrying out boarding procedures. Weapons and supporting tools must be in a safety state. The aircraft operator shall put weapons and supporting tools in locations inaccessible to passengers during the flight.

4. When carrying out aviation procedures, those who are allowed to carry weapons and supporting tools shall produce use permits issued by a competent state agency to a representative of the civil aviation security force.

5. The aircraft commander shall be notified of the name and seat of the passenger carrying weapons and supporting tools in the flight and reasons therefor; those carrying weapons and supporting tools in the same flight shall be notified of one another's seating position. Flight attendants may not provide stimulant-containing drinks or alcoholic liquids to those who carry weapons and supporting tools on board an aircraft.

Article 16. Security assurance for flights with special passengers

1. Special passengers are those who have potential elements endangering the security and safety of a flight when transported in the flight, including:

a/ Disruptive passengers;

b/ Persons who have lost their act control capacity;

c/ Persons whose entry is disallowed;

d/ The accused, defendants, prisoners, deportees, extradited persons or arrestees under pursuit warrants.

2. Disruptive passengers are those who:

a/ Disobey regulations and instructions of aviation employees at an airport or airfield or on board an aircraft;

b/ Disturb order and discipline at an airport or airfield or on board an aircraft;

c/ Spread or provide false information that endangers the safety and security of an airport or airfield or an aircraft in flight or landing, and passengers.

3. The following passengers, when being transported, shall be escorted by persons of competent state agencies:

a/ The accused, defendants, prisoners, extradited persons or arrestees under pursuit warrants;

b/ Deportees who have escorts under decisions of competent state agencies.

4. Depending on the nature and seriousness of violations, the Civil Aviation Administration of Vietnam shall make a list of those who are banned from carriage by air definitely or indefinitely in the following cases:

a/ Disruptive passengers mentioned at Points a and b. Clause 2 of this Article who commit repeated violations;

b/ Disruptive passengers who commit acts mentioned at Point c, Clause 2 of this Article;

c/ Those who commit other acts of unlawful interference with civil aviation;

d/ At the request of competent state agencies.

5. The list of passengers banned from carriage by air mentioned in Clause 1 of this Article is applicable to domestic flights and international flights departing from Vietnam of all Vietnamese and foreign air carriers.

6. The Civil Aviation Administration of Vietnam shall consider and make decision on passengers who are proposed by competent foreign authorities to be banned from air carnage.

Article 17. Refusal to transport passengers for security reasons

1. Air carriers may refuse to transport the following passengers in case they cannot take security measures to assure security and safety

for their flights:

a/ Passengers mentioned at Points a, b and c. Clause Land Clause 2, Article 16 of this Decree;

b/ Deportees without an escort; c/At the request of competent Vietnamese or foreign authorities.

2. When escorting the accused, defendants, prisoners, deportees, extradited persons or arrestees under pursuit warrants transported by air, escorting agencies shall notify the air carrier of the full name, date of birth, rank, position and unit of the escorting passenger; the full name, date of birth and permanent or temporary residence address of the escorted passenger; and the escort order or decision of a competent agency; and at the same time consult and reach agreement with the air carrier on measures to be taken to assure security and safety during the escort.

Article 18. Levels of intensification of civil aviation security assurance

1. Security assurance measures shall be intensified when there appear high threats to civil aviation security, depending on the level of threat, civil aviation security has three levels of intensification:

2. Level 1 is applied in the following cases:

a/ Important national political and social events;

b/ Complicated political security or social order circumstances.

3. Level 2 is applied in the following cases:

a/ There is intelligence information on a plot of unlawful interference with civil aviation of which the location, target and time have not been specifically identified yet;

b/ There is a serious disturbance of political security or social order in a locality.

4. Level 3 is applied in the following cases:

a/ There is intelligence information on a plot of unlawful interference with civil aviation of which the location, target and time have been specifically identified;

b/ There is an extremely serious disturbance of political security or social order in a locality.

Article 19. Decision to apply levels of intensification of civil aviation security assurance

1. The Minister of Transport shall decide to apply and cancel intensified civil aviation security assurance at level 1 or 2 when receiving intelligence information provided by competent agencies.

2. The Director of the Civil Aviation Administration of Vietnam may decide to apply and cancel intensified civil aviation security assurance at level 3.

Article 20. Intensified civil aviation security assurance measures

1. Intensified civil aviation security assurance measures taken at each level must be specified in the civil aviation security program of Vietnam.

2. Upon receiving a decision to apply intensified civil aviation security assurance at any level, airport and airfield operators, air carriers and related agencies and units shall immediately take appropriate measures taken at such level.

Article 21. Assurance of effectiveness of civil aviation security assurance work

1. The Civil Aviation Administration of Vietnam shall conduct tests, surveys, examinations and inspections to evaluate compliance with security regulations, measures, processes and procedures by airport and airfield operators, air carriers and aviation service providers and related organizations and individuals.

2. Those engaged in security tests, surveys, examinations and inspections must possess civil aviation security supervisor cards issued by the Civil Aviation Administration of Vietnam. While performing their duties, civil aviation security supervisors shall produce their cards and are entitled to access and enter any restricted areas, aviation vehicles and equipment and aircraft, and request provision of information and documents for performing their duties; to stop acts of violation, make records, and withdraw relevant documents, cards and permits of violators.

3. Security test, survey, examination and inspection findings must be analyzed to evaluate risks that endanger the security of civil aviation so as to take timely remedies.

4. Dossiers and documents of security tests, surveys, examinations and inspections must be managed and preserved in a systematic manner.

Chapter III

RESPONSIBILITIES OF CONCERNED AGENCIES AND ORGANIZATIONS

Article 22. Responsibilities of the Ministry of Transport

1. To perform the state management of civil aviation security; to promulgate according to its competence or submit to competent authorities for promulgation policies, legal documents, administrative procedures, standards and regulations concerning civil aviation security.

2. To coordinate with the Ministry of Public Security, the Ministry of National Defense and concerned ministries and branches in collecting information and evaluating threats to civil aviation security of Vietnam; to decide on civil aviation security assurance measures according to its competence.

3. The Minister of Transport shall issue specific regulations on civil aviation security assurance in the construction and renovation of airports and airfields; dossiers and procedures for issuing civil aviation security supervisor cards and civil aviation security supervision permits.

4. The Minister of Transport shall issue a circular on the civil aviation security program of Vietnam and quality control of civil aviation security, a circular on training in civil aviation security operations; authorize the Director of the Civil Aviation Administration of Vietnam to approve civil aviation security programs of airport and airfield operators, plans on guiding aircraft in flight which are subjected to unlawful interference; approve civil aviation security programs of foreign air carriers operating in Vietnam; and issue a list of dangerous articles prohibited from introduction on board aircraft.

5. To draw up budget estimates for civil aviation security assurance work under law.

6. To direct the Civil Aviation Administration of Vietnam in civil aviation security assurance work, anti-terrorism work and response to acts of unlawful interference with civil aviation. To effectively coordinate with concerned ministries and branches in implementing the civil aviation security program of Vietnam and other regulations on civil aviation security and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 23. Responsibilities of the Ministry of Public Security

1. To periodically and irregularly exchange and provide information on political security and social order and safety; plots, methods and tricks of terrorists, reactionary organizations and crimes, especially information on plots of unlawful interference with civil aviation, to the Ministry of Transport (via the Civil Aviation Administration of Vietnam). To direct its attached units to collaborate with the Civil Aviation Administration of Vietnam in assessing risks and levels of threat to civil aviation.

2. To direct central and grassroots public security units in localities in which exist airports, airfields and works and equipment of air navigation service providers to:

a/ Report on the situation of security, order, crime and other violations of law;

b/ Make plans for protecting areas with airports, airfields and works and equipment of air navigation service providers; apply measures to prevent and combat crimes;

c/ Assume the prime responsibility for, and coordinate with civil aviation security and guard forces of the aviation sector in, patrolling, maintaining social order and safety in localities; ensure security and safety of adjacent areas of airports in order to prevent risks of attacking from the ground with assorted weapons aircraft upon landing and take-off, and acts of breaching air clearance;

d/ Receive and deal with crimes and violations related to security and traffic order and safety under law;

e/ Organize, manage and carry out immigration procedures for passengers and flight crews of international flights; assume the prime responsibility for and coordinate in managing and supervising passengers whose entry is denied;

f/ Make and implement emergency plans on response to acts of unlawful interference with civil aviation within the scope of their responsibilities prescribed by law.

3. To conduct professional training and guidance on implementing civil aviation security assurance measures for civil aviation security forces, guard and fire-fighting forces of the civil aviation sector.

Article 24. Responsibilities of the Ministry of National Defense

1. To periodically and irregularly exchange and provide information on plots, methods and tricks of terrorists, reactionary organizations and crimes, especially information on plots of unlawful interference with civil aviation, to the Ministry of Transport (via the Civil Aviation Administration of Vietnam). To direct its units to collaborate with the Civil Aviation Administration of Vietnam in assessing risks and levels of threat to civil aviation.

2. To direct army units at all levels in localities with airports and airfields to join in making and implementing emergency plans on response to acts of unlawful interference with civil aviation within the scope of their responsibilities prescribed by law.

3. To direct army units at all levels in localities with airports and airfields under common use to control entrances from areas used for military operations to areas used for civil aviation operations; coordinate with civil aviation security forces in patrolling, guarding and protecting adjacent areas between areas used for civil aviation operations and areas used for military operations.

4. To coordinate with the civil aviation sector in implementing civil aviation security assurance measures with respect to passengers, aircraft, cargo, mail and postal matters and parcels when civil aircraft operating in military areas.

Article 25. Responsibilities of the Ministry of Finance

To direct customs units at international airports to coordinate with the civil aviation security forces in checking and controlling baggage, cargo, mail and postal parcels and matters in order to detect and prevent dangerous articles from unauthorized introduction on board aircraft.

Article 26. Responsibilities of the Ministry of Home Affairs

To assume the prime responsibility for, and coordinate with the Ministry of Transport in, stipulating salary mechanisms suitable to full-time and part-time state budget-salaried civil servants and public employees in security assurance work in the transport sector.

Article 27. Responsibilities of local administrations

Local administration in localities with airports, airfields and works and equipment installed to serve civil aviation shall coordinate with related agencies and units in protecting property and air clearance, prohibiting the flying of objects in the air, maintaining public order, conducting public information work and mobilizing people to abide by regulations on civil aviation security assurance; and implementing emergency plans on response to acts of unlawful interference with civil aviation within the scope of their responsibilities and powers.

Article 28. Responsibilities of the Civil Aviation Administration of Vietnam

1. To formulate and submit to the Minister of Transport for promulgation a circular on the civil aviation security program of Vietnam and quality control of civil aviation security, and a program on professional training in civil aviation security.

2. By authorization of the Minister of Transport, to approve civil aviation security programs of airport and airfield operators, civil aviation security programs of Vietnamese aircraft operators, and plans on guiding aircraft in flight which are subjected to unlawful interference; and approve civil aviation security programs of foreign air carriers operating in Vietnam.

3. To approve civil aviation security regulations of aviation service providers; plans on organization of civil aviation security forces of airport and airfield operators, air navigation service providers, and Vietnamese air carriers. To grant, suspend and withdraw licenses to provide civil aviation security services. To conduct appraisal based on civil aviation security standards and requirements of construction and renovation designs of airports and airfields.

4. To promulgate or submit to competent authorities for promulgation internal regulations, regulations on recognition and application of standards to technical systems and equipment that assure civil aviation security; to inspect, grant licenses to and evaluate professional qualifications of civil aviation security personnel; and manage the grant and forms of civil aviation security supervision permit and civil aviation security supervisor card.

5. To guide, inspect, examine and supervise compliance with the law on civil aviation security by organizations and individuals in civil aviation operations. To conduct security surveys and tests, and handle violations according to its competence.

6. To direct and build a uniform civil aviation security force, ensuring its capacity to join in responding to acts of unlawful interference with civil aviation and maintaining social order and safety in areas in which civil aviation operations are carried out. To appoint civil aviation security supervisors to inspect and supervise compliance with the law on civil aviation security.

7. To coordinate civil aviation security assurance work; to collect information and assess risks of endangering Vietnam's civil aviation security; to decide to apply civil aviation security standards, measures, processes and procedures appropriate to these risks within the scope of their competence.

8. To coordinate with related agencies and units in effectively implementing the civil aviation security program of Vietnam and other laws on civil aviation security and treaties to which the Socialist Republic of Vietnam is a contracting party.

9. To act as the focal point in international relation and cooperation on civil aviation security.

10. To direct airport authorities in examining and supervising compliance with regulations on civil aviation security at airports and airfields.

Article 29. The National Civil Aviation Security Committee

1. The National Civil Aviation Security Committee is an inter-agency coordinating committee to assist the Prime Minister in directing ministries, sectors and localities in assuring civil aviation security of Vietnam.

2. The Prime Minister shall decide to set up and define the functions, tasks, powers, composition and organizational structure of the National Civil Aviation Security Committee.

3. The National Civil Aviation Security Committee has its own seal and accounts under law.

Article 30. Responsibilities of other organizations and individuals

1. Airport and airfield operators shall:

a/ Elaborate their civil aviation security programs and implement them after they are approved;

b/ Make and implement emergency plans for initial response to acts of unlawful intervention within the scope of their respective responsibilities as prescribed by law;

c/ Build uniform civil aviation security forces and arrange vehicles, facilities and equipment and other necessary conditions for assuring civil aviation security, protect airports and airfields and maintain public order at airports and airfields;

d/ When designing, constructing and renovating works within airports or airfields, to assure civil aviation security requirements and standards;

e/ Provide services of assuring civil aviation security at and outside airports and airfields.

2. Air navigation service providers shall:

a/ Make plans on response to air navigation incidents, plans for guiding aircraft in flight which are subject to unlawful interference in line with the overall emergency plan on response to acts of unlawful interference with civil aviation within the scope of their respective responsibilities, and implement these plans after they are approved;

b/ Build civil aviation security forces and arrange vehicles, facilities and equipment and other necessary conditions for assuring civil aviation security for their activities, and protect air navigation service establishments.

3. Vietnamese air carriers shall:

a/ Elaborate civil aviation security programs and implement these programs after they are approved;

b/ Implement emergency plans on response to acts of unlawful interference with civil aviation within the scope of their respective responsibilities as prescribed by law;

c/ Reserve at least 2 (two) seats in each flight for security officers on duty when receiving a request of the Ministry of Transport;

c/ Passenger fares for civil aviation security officers on duty shall be paid by agencies appointing these officers.

4. Foreign air carriers engaged in scheduled transportation to and from Vietnam shall submit to the Civil Aviation Administration of Vietnam civil aviation security programs already approved by competent authorities of the countries in which they are headquartered or base their principal places of business, and implement them after they are approved.

5. Enterprises providing aviation services at airports and airfields shall formulate regulations on civil aviation security in accordance with civil aviation security programs of airport or airfield operators, and implement them after they are approved by the Director of the Civil Aviation Administration of Vietnam.

Chapter IV

RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE

Article 31. Purposes, requirements and guidelines of response to acts of unlawful interference

1. To proactively prevent, deter and effectively respond to acts of unlawful interference and limit as much as possible negative consequences of these acts once they occur, prioritize assurance of safety for human lives; prioritize assurance of safety for hostages and utilize necessary measures of violence only when there is no alternative solution.

2. To prioritize flight direction and other necessary assistance for aircraft in flight which are subject to unlawful interference.

3. To maintain to the utmost normal operation at places in which acts of unlawful interference occur.

4. To comply with Vietnamese laws and the international convention on civil aviation and relevant treaties to which Vietnam is a contracting party.

5. To implement the principle of 4 on-sites: on-site response; on-site force; on-site equipment and on-site logistics.

Article 32. Classification of acts of unlawful interference

1. The level-1 group of serious acts consists of:

a/ Unlawfully seizing an aircraft;

b/ Seizing and possibly using an aircraft as a weapon; using an aircraft for the purpose of bombing, spraying toxic substances, biological or chemical weapons or radioactive substances;

c/ Launching armed attacks on an aircraft in flight (aircraft having taken off and not yet landed):

d/ Making organized armed attacks at an airport or airfield or a work and facilities that serve flight operations;

e/ Seizing, making violent and terrorist attacks at an airports or airfield or an establishment providing services of assuring flight operations;

f/ Taking hostage on board an aircraft.

2. The level-2 group of serious acts consists of:

a/ Unlawful introduction of bombs, mines, guns, ammunitions, biological or chemical weapons or radioactive substances on board an aircraft, into an airport or airfield or an establishment providing services of assuring flight operations;

b/ Launching armed attacks against the civil aviation security or guard force of an airport or airfield or an establishment providing services of assuring flight operations;

c/ Taking hostage at an airport or airfield or an establishment providing services of assuring flight operations;

d/ Threatening to place bombs; mines, biological or chemical weapons on an aircraft in night;

3. The level-3 group of serious acts consists of:

a/ Unlawfully introducing flammables, explosives, rudimentary weapons, common substances which can make up dangerous articles for the purposes of creating explosives and other dangerous articles on board an aircraft or into an airport or airfield or an establishment providing services of assuring flight operations;

b/ Threatening to place bombs, mines, biological or chemical weapons at an airport or airfield or an establishment providing services of assuring flight operations;

c/ Damaging an aircraft, airport or airfield or an establishment providing services of assuring flight operations;

d/ Attacking the civil aviation security or guard force of an airport or airfield or an establishment providing services of assuring flight operations.

Article 33. Direct response to acts of unlawful interference

Direct response to unlawful acts of interference with civil aviation must comply with an overall emergency plan on response to unlawful acts of interference promulgated by the Prime Minister.

Chapter V

CIVIL AVIATION SECURITY FORCES

Article 34. Operation areas of civil aviation security forces

Operation areas of civil aviation security forces embrace airports, airfields, establishments providing air navigation services; aircraft; establishments manufacturing, maintaining and repairing aircraft and aircraft equipment; establishments handling cargo, mail and postal matters and parcels; and establishments providing other aviation services.

Article 35. Organizational structure of civil aviation security forces

1. Civil aviation security forces consist of:

a/ Civil aviation security advisors, inspectors and supervisors of the Civil Aviation Administration of Vietnam and airport authorities;

b/ Civil aviation security advisors, inspectors and supervisors, aviation security officers of airport or airfield enterprises, air navigation service providers and Vietnamese air carriers.

2. Civil aviation security forces shall be uniformly organized, placed under the direction of the Civil Aviation Administration of Vietnam, and respective direct management of the Civil Aviation Administration of Vietnam, airport authorities, airport operators, air navigation service providers and Vietnamese air carriers.

3. Officers and members of civil aviation security forces are Vietnamese citizens aged 18 or older, have good health, ethic qualities and clear political background and are not addicted to drugs. They shall submit to the verification, inspection and supervision by competent state agencies. Those who have criminal records or used to be addicted to drugs will not be recruited into civil aviation security forces. Those who are convicted or addicted to drugs shall be expelled from civil aviation security forces.

4. Officers and members of civil aviation security forces shall be granted by the Civil Aviation Administration of Vietnam civil aviation security supervisor cards or civil aviation security officer permits under law in order to perform assigned duties.

5. Plans on organization of civil aviation security forces of airport or airfield operators, air navigation service providers and Vietnamese air carriers shall be submitted to the Civil Aviation Administration of Vietnam for approval.

Article 36. Functions, duties, powers and regime of civil aviation security forces

1. Civil aviation security forces shall work on a full-time basis to assure civil aviation security under law.

2. Civil aviation security forces have the following duties and powers:

a/ Advising, inspecting and supervising civil aviation security;

b/ Implementing civil aviation security assurance measures;

c/ Participating in preventing, detecting, deterring and responding to acts of unlawful interference with civil aviation and other acts of disturbance and violation of law.

3. While on duty, if officers and members of civil aviation security forces are injured or killed, they will be entitled to prescribed regimes and policies and considered for being recognized as war invalids or fallen heroes under law.

Article 37. Specific duties and powers of civil aviation advisors, inspectors and supervisors

1. Specific duties and powers of civil aviation security advisors, inspectors and supervisors of the Civil Aviation Administration of Vietnam and port authorities include:

a/ Giving advice on policies, measures and legal documents on civil aviation security assurance;

b/ Inspecting and supervising compliance of organizations and individuals engaged in civil aviation with regulations on civil aviation security assurance;

c/ Making records of violations and proposing penalties under law;

d/ Carrying out appraisal, survey, examination and assessment of equipment, facilities and vehicles for assuring civil aviation security and civil aviation security officers against applied standards;

e/ Accessing and checking the security of aircraft, airports, airfields, aviation service-providing establishments, works, equipment, documents, vehicles and aviation employees; inspecting and requesting organizations and individuals to produce papers, documents or articles related to the implementation of civil aviation security assurance measures;

f/ Proposing the aviation inspectorate and directors of airport authorities to cancel flights for civil aviation security reasons;

g/ Performing duties of civil aviation security supervisors in order to prevent possible threats to civil aviation security; making records of any incidents occurred; and taking responsibility for their decisions before law;

h/ Receiving training in civil aviation security operations.

2. Specific duties and powers of civil aviation security advisors, inspectors and supervisors of airport or airfield enterprises, air navigation service providers and Vietnamese air carriers include:

a/ Giving advice on the formulation and implementation of their enterprises' regulations, policies, standards, programs, professional processes and the implementation of measures to handle acts of violation related to civil aviation security assurance;

b/ Inspecting and supervising the implementation of their enterprises' regulations on civil aviation security assurance;

c/ Participating in training in civil aviation security operations for related persons of their enterprises;

d/ Performing their enterprises' inspection and supervision work with respect to units providing civil aviation security services under signed contracts;

e/ Receiving professional training in civil aviation security operations.

Article 38. Specific duties and powers of civil aviation security officers of airport and airfield enterprises

1. Civil aviation security officers of airport or airfield enterprises include screening security officers, controlling security officers and mobile security officers.

2. Civil aviation security officers of airport or airfield enterprises shall implement measures to prevent, detect, deter and respond to acts of unlawful interference with civil aviation at airports and airfields, having the following specific duties and powers:

a/ Checking, screening and supervising persons, baggage, cargo, mail, and postal matters and parcels, vehicles and other articles introduced into restricted areas or on board aircraft; controlling access to and operation of persons and vehicles in restricted areas; checking and comparing papers used for travel by air of passengers when carrying out procedures for them;

b/ Supervising civil aviation security of parked aircraft before departure and in restricted areas; organizing patrol, guard, protection and control of security and order in areas used for civil activities. Closely coordinating with armed forces units in patrolling, controlling and maintaining security and order in areas jointly used for military and civil activities at airports and airfields:

c/ Implementing measures to prevent, detect and deter acts that endanger the health and lives of people, occupy offices and facilities, damage aircraft and aviation equipment and facilities, disturb public order, theft on board aircraft and violations of law at airports and airfields and on board an aircraft;

d/ Inspecting and supervising the transportation of weapons, supporting tools, inflammable and explosive materials and other dangerous articles by persons permitted to carry weapons into restricted areas of airports and airfields or on board an aircraft;

e/ Coordinating with functional agencies and units in sweeping and disposing of bombs, mines, biological and chemical weapons and radioactive substances, taking measures to prevent epidemics at airports and airfields and on board an aircraft; collaborating in handling baggage, cargo, mail, and postal matters and parcels and other objects containing dangerous articles; and participating in detecting acts of smuggling and unlawfully transporting people and articles;

f/ While performing duties within the permitted scope of operation, checking personal identity papers. Seizing personal identity papers of persons committing acts that endanger civil aviation security; seizing weapons, explosives, inflammables and other dangerous articles illegally introduced into airports or airfields; resorting to forcible action against those who obstruct or deliberately resist the seizure;

g/ Making records of persons who commit acts that endanger civil aviation security, disturbing public order at airports and airfields and on board aircraft and delivering them to competent state agencies for handling under law; deterring or requesting air carriers not to transport passengers who are unable to control themselves or commit acts or utter words threatening the safety and security of civil aviation;

h/ Requesting directors of airport authorities or aviation inspectors to cancel flights in order to prevent possible threats to the security of civil aviation;

i/ Making records of violations and proposing the handling of violations to competent persons or state agencies, and promptly reporting them to airport authorities;

j/ Assuring civil aviation security at establishments handling cargo, mail and postal matters and parcels and other establishments providing aviation services under law;

k/ Protecting scenes of incidents that threaten the security of civil aviation and unlawfully interfere with civil aviation at airports and airfields:

l/ Receiving training in civil aviation security operations; being furnished with weapons and supporting tools for performing their duties under law.

Article 39. Specific duties and powers of civil aviation security officers of air navigation service providers

1. Civil aviation security officers of air navigation service providers include screening security officers, controlling security officers and mobile security officers.

2. Civil aviation security officers of air navigation service providers have the following specific duties and powers:

a/ Implementing measures to prevent, detect, deter and respond to acts of unlawful interference with civil aviation, acts that threaten the health and lives of people, damage aviation equipment and facilities, disturb public order, theft and other violations of law at their establishments; protecting scenes of incidents that threaten the security of civil aviation and unlawfully interfere with civil aviation at their establishments;

b/ Checking and screening when necessary, and supervising persons, vehicles and articles accessing and operating at their establishments;

c/ Organizing patrol, guard, protection and control of the security and order at their establishments;

d/ Seizing personal identity papers of persons committing acts that threaten the security of civil aviation; seizing weapons, explosives, inflammables and other dangerous articles unlawfully introduced into their establishments; resorting to forcible action against those who obstruct or deliberately resist the seizure;

e/ Making records of persons who commit acts that threaten the security of civil aviation, disturbing public order at their establishments and delivering them to competent state agencies for handling under law;

f/ Making records of violations and proposing the handling of violations to competent persons or state agencies, and promptly reporting them to airport authorities and the Civil Aviation Administration of Vietnam;

g/ Receiving training in civil aviation security operations; being furnished with weapons and supporting tools for performing their duties under law.

Article 40. Specific duties and powers of in-flight security officers and aircraft commanders of Vietnamese air carriers

1. Participating in assuring in-flight security.

2. Participating in settling and handling cases in which aircraft in flight are subject to unlawful interference, including:

a/ The aircraft commander may temporarily seize and make dossiers of persons committing acts of unlawful interference on board an aircraft in flight and deliver them to a competent state agency in the place in which the aircraft lands for handling under law;

b/ Seizing weapons, explosives and flammables and other dangerous articles on board an aircraft in flight;

c/ Seizing personal identity papers of persons committing acts that threaten the security of civil aviation and other violations of law on board an aircraft in flight;

d/ Resorting to forcible action against those who obstruct or deliberately resist them;

e/ In-flight security officers shall be furnished and may use weapons and supporting tools to deter those who commit acts of unlawful interference on board an aircraft in flight; in case of threat to human lives: they may exterminate them in order to protect the lives of passengers on board an aircraft in flight that is subject to unlawful interference.

3. In-flight security officers shall be trained in civil aviation security operations; and be furnished and may use weapons and supporting tools to deter and exterminate those who commit acts of unlawful interference on board an aircraft in flight.

Article 41. Uniforms, badges, insignias, weapons and supporting tools of civil aviation security forces

1. Civil aviation security forces have own uniforms, badges and insignias and shall be furnished necessary weapons, supporting tools and equipment to assure civil aviation security.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, stipulating in detail uniforms, badges and insignias and the furbishing of weapons and supporting tools for civil aviation security forces.

Article 42. Civil aviation security officer permits

1. Civil aviation security officer permit is the official certification of a competent agency for a civil aviation security officer to be fully capable of performing his/her assigned duties.

2. A civil aviation security officer directly engaged in civil aviation security assurance duties must possess a permit granted by the Civil Aviation Administration of Vietnam.

Chapter VI

ESTABLISHMENTS PROVIDING CIVIL AVIATION SECURITY SERVICES; CIVIL AVIATION SECURITY EQUIPMENT

Article 43. Establishments providing civil aviation security services at airports

1. Airport and airfield operators shall establish their own systems of establishments providing security services in a uniform manner.

2. Establishments providing security services must be granted operation licenses by he Civil Aviation Administration of Vietnam.

Article 44. Requirements on civil aviation security technical systems and equipment

1. Civil aviation security technical system and equipment include X-ray scanners, explosive detecting and disposing devices, metal detectors, monitoring cameras, access detectors, identification devices, security lighting systems and other equipment used to assure the security of civil aviation.

2. Airport and airfield operators, aircraft operators, air navigation service providers and aviation service providers must have necessary and appropriate technical systems and equipment so that they can implement adequate security measures to prevent and respond to acts of unlawful interference within the scope of their respective responsibilities defined in this Decree.

3. Civil aviation security technical systems and equipment at airports and airfields must be compatible and uniform, meeting professional standards and ensuring safety for human health.

Article 45. Management and operation of civil aviation security technical systems and equipment

1. The Civil Aviation Administration of Viet­nam shall approve plans on installation, operation and use of civil aviation security technical systems and equipment at airports and airfields.

2. Civil aviation security technical systems and equipment must have operation or use permits before they are put into operation.

3. Units managing civil aviation security technical systems and equipment shall develop and issue materials on the operation and maintenance of such systems and equipment; maintain adequate technical standards and properties of these systems and equipment: and supplement these materials appropriately when such systems and equipment undergo any structural modifications and overhauls.

4. Repair of civil aviation security technical systems and equipment may be conducted only at maintenance and repair establishments approved by the Civil Aviation Administration of Vietnam and under strict supervision of managing units.

5. Measuring and verifying devices used in checking, maintaining and repairing civil aviation security technical systems and equipment must be inspected and corrected under the law on measurement.

6. Camera and scanner images must be appropriately kept to serve tracking when necessary. Testing samples, dossiers and logbooks of operation and maintenance of civil aviation security technical systems and equipment must be preserved and produced upon request.

Chapter VII

FUNDS FOR CIVIL AVIATION SECURITY ASSURANCE

Article 46. Funding principles

1. Funds for civil aviation security work shall be assured with state budget sources according to current decentralization, funds contributed by enterprises, charges collected from civil aviation security services and other revenues under law.

2. Annual plans on funds for civil aviation security assurance shall be drawn up under law.

3. Air carriers shall bear all expenses for response to acts of unlawful intervention targeted at their aircraft.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 47. Effect

1. This Decree takes on September 8, 2010.

2. To annul the Government's Decree No. 11/ 2000/ND-CP of May 3, 2000, promulgating the Regulation on assurance of civil aviation security.

Article 48. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally run cities and related enterprises and individuals shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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Loại văn bảnNghị định
Số hiệu81/2010/ND-CP
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Ngày hiệu lực08/09/2010
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        Decree No. 81/2010/ND-CP on civil aviation security
        Loại văn bảnNghị định
        Số hiệu81/2010/ND-CP
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        Ngày ban hành14/07/2010
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        Lĩnh vựcGiao thông - Vận tải
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