------ / SOCIALISTREPUBLIC 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;