DECREE

PROMULGATING THE REGULATION ON ENSURING CIVIL AVIATION SECURITY

THE GOVERNMENT

Pursuant to the Law on the Organization of the Government of September 30, 1992;
Pursuant to the Vietnam Civil Aviation Law of December 26, 1999 and the April 20, 1995 Law Amending and Supplementing a number of Article of the Vietnam Civil Aviation Law;
At the proposal of the director of the Vietnam Civil Aviation Department,

DECREES:

Article 1.- To promulgate together with this Decree the Regulation on Ensuring Civil Aviation Security.

Article 2.- This Decree takes effect 15 days after its signing. The previous regulations contrary to this Decree are all annulled.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities as well as all concerned organizations and individuals shall have to implement this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

REGULATION

ON ENSURING CIVIL AVIATION SECURITY
(Issued together with the Government’s Decree No. 11/2000/ND-CP of May 3, 2000)

Chapter I

GENERAL PROVISIONS

Article 1.- The aims of the Regulation

This Regulation prescribes measures to ensure civil aviation security; the responsibilities of concerned agencies, organizations and individuals for coordination in the implementation of measures to ensure civil aviation security, aiming to ward off, detect and stay in time acts of illegal intervention in civil aviation activities.

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This Regulation shall apply to:

1. Civil aviation activities on Vietnamese territory and civil aviation activities carried out by Vietnamese organizations and individuals outside the Vietnamese territory, if not otherwise provided for by the laws of host countries.

2. The use of State public-duty aircraft for civil purposes.

Article 3.- Interpretation of terms

In this Regulation, the following terms shall be construed as follows:

1. "Acts of illegal intervention" mean acts of intentionally or unintentionally causing or possibly causing danger and harm or to the safety of civil aviation, which include the following:

a) Using weapons or threatening to use weapons in order to seize aircraft or take control of aircraft;

b) Destroying aircraft being in operation; causing damage or placing equipment, matters on aircraft which make the aircraft unable to operate or may threaten its safety when in flight;

c) Destroying or damaging flight control facilities or illegally controlling the operation of such facilities, thus threatening the safety of aircraft in flight;

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e) Destroying or seriously damaging airport works and/or equipment, thus putting to standstill the services provided for aircraft operating thereat and threatening the safety of the airports.

2. "Civil aviation security inspection and supervision" means the application of measures by civil aviation security personnel in order to detect and prevent the carriage, fastening, planting, concealment of weapons, explosives or dangerous objects and substances for the performance or possible performance of acts of illegal intervention against aircraft, flight control centers, establishments in service of flight activities or against civil aviation activities at airports, airfields; to detect and prevent people and means from entering restricted areas and/or illegally boarding the aircraft.

3. "Aircraft on flight" are aircraft in the period of operation from the time all the outer doors of the aircraft are closed after the passengers, luggage and cargo are loaded onboard the aircraft till the time any of the above-mentioned doors is opened to discharge passengers, luggage and cargo from the aircraft; in case of forced landing, the aircraft are still considered in flight until the aircraft commanders transfer the responsibility for the aircraft, people, luggage and cargo to the competent bodies.

4. "Aircraft in operation" are the aircraft being in the period from the time of starting the work for a flight till 24 hours after the aircraft land, including the entire duration the aircraft are in flight.

5. "Restricted areas" are areas of the airports, works or areas of equipment installation, where the entry, exit and activities must comply with the regulations of competent bodies and be subject to civil aviation security inspection and supervision.

6. "Boarding rooms" are the restricted areas reserved for passengers awaiting the boarding and their handbags having already gone through civil aviation security check.

7. "Flight zones" are restricted areas, including parking areas, runways, taxiways, insurance edges and flight-servicing works and equipment in such areas.

8. "Cargo warehouses" are areas where civil air-transported cargo are received or returned.

9. "Luggage" are property of passengers or flight crew, which are air-transported according to agreements reached with aircraft operators.

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11. "Consigned luggage" are baggage carried onboard the aircraft and not taken care of by their owners being passengers or crew members while the aircraft are on flight.

12. "Unclaimed luggage" are baggage unclaimed by passengers or fight crew members.

13. "Postal matters" include mails, post cards, printed matters, study objects for the blind and small packages received, transported and delivered according to the legislation on post.

14. "Parcels" are objects and cargo received, transported and delivered according to the legislation on post.

15. "Cargoes" are properties other than postal matters, parcels or luggage, which are carried onboard aircraft.

16. "Dangerous objects" are those which directly threaten or may be used to threaten the lives or health of people or the safety of aircraft on flight.

17. "Dangerous substances" are those which may directly cause harm or be used to cause harm to the lives or health of people or the safety of aircraft on flight.

18. "Service objects on aircraft" are all those prepared for use or for sale on aircraft and food rations served during the flight.

19. "Civil aviation security devices" are specialized equipment used for the purpose of preventing and detecting acts of illegal intervention in the civil aviation activities.

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21. "Special flights" are Vietnamese or foreign flights used in total separation from or in coordination with commercial transport, certified or announced by competent bodies according to special flight regulations.

Chapter II

MEASURES TO ENSURE CIVIL AVIATION SECURITY

Section 1. PREVENTIVE MEASURES

Article 4.- Restricted areas

1. Restricted areas must be prescribed at airports and places where civil aviation activities related to flight control and air transportation take place.

The prescription of restricted areas must conform to the characteristics of civil aviation and the purpose of ensuring aviation safety and security and must not affect the normal activities of the State management bodies at airports.

2. Persons and means entering, leaving and operating in restricted areas must have aviation security control cards or permits as prescribed; subject to the aviation security inspection and supervision and abide by the guidance of aviation security personnel or guards being on duty therein.

The police personnel in charge of exit and entry and the customs personnel, while on duty in restricted areas, must wear the aviation security control cards, uniforms and badges according to the regulations of their respective branches.

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3. Following acts are strictly forbidden in restricted areas:

a) Destroying, damaging, deforming, removing markers, separating objects, signal objects, protecting objects and equipment as well as facilities in service of flights and air transport;

b) Bringing weapons, inflammables, explosives and other dangerous objects into restricted areas without permission of competent bodies.

Article 5.- Protecting aircraft and aviation equipment

To regularly conduct inspection and supervision of aircraft parking in airports, airfields; flight control equipment and facilities as well as other important airport works in service of flight activities and air transport with a view to preventing, detecting and stopping in time acts of illegal intervention.

Article 6.- Aviation security inspection and supervision

1. Before boarding aircraft or entering restricted areas, the passengers, flight crew members, flight attendants and other persons as well as luggage, cargo, postal matters, parcels, service objects onboard aircraft and other things must go through aviation security check.

2. Aviation security re-check shall be carried out in the following cases:

a) Passengers who have already gone through aviation security check but contact persons who have not yet gone through aviation security check;

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3. Subject to aviation security re-check shall be: passengers and their hand bags for case stated at Point a; all passengers and their hand bags in the boarding lounges or on the aircraft, for case stated at Point b, clause 2 of this Article.

4. Aviation security check is conducted by technical means or direct observation according to the principle of closeness, civilization and politeness.

5. Passengers, luggage, cargo, postal matters, parcels, service objects on aircraft and other things which have gone through aviation security check must be continuously supervised till they are carried onto the aircraft or out of the restricted areas.

6. It is not allowed to take onboard aircraft or to transport by air passengers, luggage, cargo, postal matters, parcels, onboard- aircraft service objects and other things if such subjects have not yet gone through aviation security check.

7. Where matters which fail to ensure the aviation security are detected when aircraft have already taken off, the directors of the airports where the aircraft took off shall have to immediately inform the flight captains and directors of the airports where the aircraft are expected to arrive thereof so that appropriate measures shall be taken.

8. Except for cases prescribed in Clause 3, Article 7 of this Regulation, the following objects and substances are forbidden to be carried along, put into hand bags:

a) Weapons, ammunitions, explosives, inflammables, compressed gas, toxins, metal-corroding substances, tear gas, radioactive elements, mercury, highly magnetic matters;

b) Pointed metal objects, knives, scissors, hammers, axes or utensils which may be used as threatening or assault weapons, toys or objects in weapon-like shapes.

9. The air-transport of objects or dangerous substances stated at Point a, Clause 8 of this Article must be permitted by competent State bodies and must comply with the regulations on transportation of dangerous commodities.

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1. Convicts, defendants, criminals, extradited persons, expelled persons, expatriates and/or mental-disease patients, who are transported by aircraft, must go through aviation security check and supervision before entering restricted areas or boarding the aircraft. Persons suffering from mental diseases or disorder must be accompanied by physicians or their relatives. Air transport enterprises must be informed in advance of the above-said subjects for coordination in ensuring safety for the flights.

2. Aviation security check through direct observation at isolate places shall apply to blind, deaf or disable passengers or grave war invalids, who are on wheelchairs or stretchers, and to persons with aid devices on their bodies.

Where separate aviation security checks are conducted at the request of passengers, the witness by the third persons and the check reports are required.

3. Those who carry along weapons during the flights must obtain permission from the competent bodies and Vietnam Civil Aviation Department. The flight captains shall be informed of the lists and seat numbers of such persons on the aircraft.

4. Where unclaimed luggage are detected onboard aircraft or in restricted areas, they must be quickly taken out of the aircraft or the restricted areas for aviation security check at separate places or other aviation security measures shall be applied.

Article 8.- Aviation security check of diplomatic bags, consular bags

1. Diplomatic bags and consular bags shall be exempt from aviation security check when they meet the following conditions:

a) They have already been sealed, bear easily recognized outside signs indicating characteristics of diplomatic bags, consular bags and contain only diplomatic documents and things to be used for the diplomatic and consular purposes;

b) Diplomatic couriers, consular couriers or the authorized persons produce official papers certifying their status and the number of packages formulating the diplomatic bags, consular bags.

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3. Diplomatic couriers, consular couriers and authorized persons as well as their luggage and cargo are not exempt from aviation security check.

Article 9.- Ensuring aviation security for special flights

1. Aircraft performing special flights shall be arranged for parking in separation from other aircraft, with barricades, lighting and proper protection corridors. Vietnam Civil Aviation Department shall have to organize the protection and supervision of aircraft performing special flights.

2. Persons carrying out preparatory work for special flights must carry special-flight service cards, which shall be recovered after the preparatory work is completed.

3. The Ministry of Public Security shall coordinate with Vietnam Civil Aviation Department in:

a) Conducting security checks of airport areas and terminals 24 hours before a special flight takes off or arrives;

b) Ensuring safety for the special flights, Vietnamese aircraft performing special flights outside the Vietnamese territory;

c) Conducting aviation security check and supervision over persons, luggage, cargo carried on the special flights or special-flight passengers on ordinary flights.

4. Organizations and individuals servicing or involving in the service of special flights shall have to abide by the law provisions on keeping secret the special flights.

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1. The flight captains shall have to maintain discipline and order on the aircraft, ensure safety for the aircraft, the lives and properties of all people onboard the flying aircraft; take necessary measures against persons who prepare to commit or commit acts of causing danger and harm to the safety of the aircraft, people and properties onboard the aircraft; to inform the flight control bodies of the incidents or acts of causing danger and harm to the flight safety, which occur onboard the aircraft, for coordinated handling in order to ensure the maximum safety for the flights, people and properties onboard the aircraft.

2. The flight crew members must frequently communicate with the flight captains and promptly report on the incidents and acts of causing danger and harm to the safety of the aircraft, people and properties onboard the aircraft.

3. Passengers shall have to inform the flight crew members of the acts which cause danger and harm to the safety of the aircraft, people and properties on board the flying aircraft.

Section 2. MEASURES AGAINST ACTS OF ILLEGAL INTERVENTION

Article 11.- Principles for coping with acts of illegal intervention

All measures against acts of illegal intervention committed on the Vietnamese territory or against Vietnamese aircraft operating outside the Vietnamese territory must ensure the safety for aircraft, passengers, flight crew, luggage and cargo onboard the aircraft, people and properties on the ground.

Article 12.- Coping with acts of illegal intervention

1. Upon receiving information on acts of illegal intervention against aircraft parking in airports, against flight control areas or flight control means and facilities, airport works or equipment and facilities, the airport directors shall have to quickly coordinate with units operating in the airports in order to isolate objects of such illegal intervention, including aircraft, people, means and other properties; and at the same time immediately notify such to the Director of Vietnam Civil Aviation Department.

2. Where a flying aircraft is an object of illegal intervention, the flight captain shall have to quickly inform the flight control body thereof in order to control all process of the flight and apply necessary support measures to ensure safety of the aircraft, people and properties onboard the aircraft. The flight crew members and passengers shall have to assist the flight captain in applying measures to stop the dangerous acts occurring on board the flying aircraft. When landing, the illegally intervened aircraft must be guided for parking in an isolated area at the airport so as to facilitate the implementation of contingency plan.

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4. In case of necessity, the Prime Minister shall decide the handling of matters on ensuring the safety of aircraft, flight crew, passengers, luggage and cargo onboard the aircraft.

5. Concerned organizations and individuals shall have to apply and coordinate in applying measures according to the contingency plans to cope with acts of illegal intervention.

Chapter III

ENSURING CIVIL AVIATION SECURITY

Article 13.- Coordinated activities to ensure aviation security

The ministries, ministerial-level agencies, agencies attached to the Government and concerned branches shall have to coordinate with one another in applying effective measures to ensure aviation security according to the provisions of this Regulation; carry out professional operations; and settle arising issues on the principle of respecting each other’s functions, powers and tasks under the provisions of law.

Article 14.- Civil aviation security force

1. The civil aviation security force belongs to the organizational system of the Vietnam civil aviation service, including cadres and personnel undertaking jobs related to ensuring the aviation security.

2. The civil aviation security force is equipped with weapons and other necessary support equipment for the performance of its task.

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Article 15.- Using civil aviation security equipment

1. X-ray machines, explosives-detecting machines, metal-detecting machines, video cameras for supervision, detection of intrusion, lighting system and other equipment suitable to the standards of the International Civil Aviation Organization (ICAO) shall all be used for activities to ensure civil aviation security.

2. Explosive-treating cellars may be built in airports, depending on the demands and practical conditions of such airports.

Article 16.- Budget for civil aviation security

1. The budget for civil aviation security shall include the following sources:

a) The State budget;

b) Amounts collected from civil aviation security check and supervision services for passengers, baggage, cargo, postal matters, parcels, aircraft protection and other services related to aviation security, which are allowed to be used for service providing activities and the procurement of civil aviation security equipment and facilities.

2. Air transport enterprises shall bear all expenses for coping with acts of illegal intervention against aircraft, passengers, baggage, cargo, postal matters and parcels carried on their aircraft.

Article 17.- Responsibilities of Vietnam Civil Aviation Department

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2. To define the organization, operation and tasks of the aviation security force, aviation security cadres and personnel and aviation security operation certificates; to build the aviation security force; to compile documents and organize professional training for aviation security force.

3. To assume the prime responsibility and coordinate with the Ministry of Public Security and the Ministry of Defense as well as local administration in maintaining order at airports, airfields.

4. To coordinate with the Ministry of Public Security, the Ministry of Defense and local administration in maintaining order in the vicinities of airports and airfields; to prevent and combat criminal offenses and handle in time acts of law violation in airports, airfields.

5. To assume the prime responsibility and coordinate with the Ministry of Public Security, the Ministry of Defense and concerned ministries and branches in periodically reviewing and evaluating the implementation of provisions of this Regulation.

6. To check, inspect and supervise civil aviation agencies and individuals, foreign aviation enterprises operating in the Vietnamese territory in the observance of this Regulation, other legal documents on aviation security and international agreements on civil aviation which Vietnam has signed.

7. To stop or temporarily suspend flights, the transportation of passengers, baggage, cargo, postal matters and/or parcels when no measures are applied to ensure the civil aviation security.

8. To evaluate the civil security criteria and requirements in designing, building, renovating, installing equipment at airports, airfields, food preparation areas, cargo warehouses, flight control areas.

9. To guide concerned agencies, organizations and/or individuals in assisting Vietnamese or foreign aircraft being objects of illegal intervention on land territory or airspace under Vietnam�s management.

10. To exchange information, knowledge and experiences about aviation security with international civil aviation organizations and other countries; when necessary, to provide the International Civil Aviation Organization (ICAO) and concerned states with information on acts of illegal intervention happening on Vietnamese territory.

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12. To direct the elaboration of and approve civil aviation security programs for air transport enterprises. To guide air transport enterprises in professional training and application of measures to ensure civil aviation security.

13. To direct the civil flight control agencies in elaborating plans on treating false information and plans on coping with acts of illegal intervention against aircraft at the airports or flying aircraft.

Article 18.- The responsibilities of the Ministry of Public Security

1. To organize, manage and carry out procedures for exits and entries of passengers and flight crew members on international flights; to receive, investigate and handle acts of violating civil aviation security at airports according to the provisions of law.

2. To command forces to participate in the implementation of contingency plans when acts of illegal intervention occur.

3. To coordinate with Vietnam Civil Aviation Department in organizing professional training and guidance for civil aviation security force, fire-fighting force of the civil aviation service.

4. To coordinate with police organizations of concerned countries, in case of necessity; to settle issues related to cases where Vietnamese aircraft operating overseas or foreign aircraft operating in Vietnamese territory are exposed to illegal intervention.

Article 19.- Responsibilities of the Ministry of Defense

1. To coordinate with civil aviation agencies and units in organizing patrols, guard, protection and supervision of passages to flight areas, equipment and facility areas, works, establishments in service of civil flights in areas managed by the Ministry of Defense at airports under common use.

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3. To assist air transport enterprises or aircraft operators in protecting the aircraft, applying civil aviation security measures for passengers, baggage, cargo, postal matters, parcels when civil aircraft operate in military airfields.

4. To direct airspace and flight control agencies of the Ministry of Defense to give priority to assisting the administration of illegally intervened civil aircraft when they fly in the airspace managed by the Ministry of Defense; to coordinate and join in the search and rescue of aircraft missing or in distress.

Article 20.- Responsibilities of the Foreign Ministry

1. Where Vietnamese civil aircraft are illegally intervened on foreign territory or forced to land on foreign territory due to illegal intervention, the Foreign Ministry shall have to coordinate with the concerned ministries and branches and the foreign parties in settling issues regarding the aircraft, flight crew, passengers, cargo, postal matters, parcels and demand the exercise of Vietnam�s jurisdiction over the criminal acts.

2. Where foreign aircraft are illegally intervened on Vietnamese territory or forced to land on Vietnamese territory due to illegal intervention, the Foreign Ministry shall coordinate with the Ministry of Public Security, the Ministry of Defense and Vietnam Civil Aviation Department in promptly informing the aircraft registering states and concerned states as well as international organizations of the incidents and handling measures.

Article 21.- Responsibilities of other agencies, organizations and individuals

1. The General Department of Customs shall direct its attached units in performing the functions and tasks according to competence; if detecting dangerous objects or substances brought onto aircraft, it shall have to apply timely preventive and handling measures according to the provisions of law, and at the same time promptly inform the aviation security forces at the airports for coordination in the settlement of matters related to civil aviation.

2. The General Department of Post and Telecommunications shall direct its attached units in inspecting and supervising postal matters and parcels before they are transferred to the air transport enterprises for transportation by aircraft in order to detect and stop the bringing into aircraft of weapons, explosives and other dangerous objects as well as substances.

3. The local administration in localities where exist airports, airfields, temporary take-off and landing pads or where equipment are installed in service of civil aviation activities shall have to coordinate with concerned agencies and units in protecting the properties, maintaining public order, propagating and mobilizing people to abide by the regulations on civil aviation security.

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5. Organizations providing air cargo transportation services, enterprises producing or supply food rations for flights shall have to bear responsibility for ensuring the civil aviation security regarding the cargo and food before they are handed over to air transport enterprises.

6. Organizations and individuals operating in airports and airfields shall have to immediately inform competent persons or agencies at the nearest places of acts of illegal intervention or acts which may cause danger and harm to civil aviation activities when they are detected or reported.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 22.- Implementation guidance

The director of the Vietnam Civil Aviation Department, the ministers of Public Security and Defense and heads of concerned agencies shall have to guide detail the implementation of this Regulation.

Article 23.- Commendation, handling of violations

1. Organizations and individuals that record achievements in the implementation of the Regulation on Civil Aviation Security shall be commended according to common regulations.

2. Organizations and individuals that violate the provisions on civil aviation security shall be handled according to law, depending on the seriousness of their violations.