Decree No. 03/2009/ND-CP on Airborne Security for Special Aircraft Flights

DECREE

Regarding the work to ensure special aircraft flights

_________________

THE GOVERNMENT

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

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Considering the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree stipulates the organization and implementation, as well as the assurance of special aircraft flights of Vietnam and foreign special aircraft flights within Vietnamese airspace; the responsibilities of agencies and units in the work of ensuring special aircraft flights.

2. The subjects to which this Decree applies include organizations and individuals related to the organization and implementation of the assurance of special aircraft flights of Vietnam and foreign special aircraft flights within Vietnamese airspace.

Article 2. Definitions

In this Decree, the following terms are understood as follows:

1. A special aircraft flight is a flight that is entirely dedicated for exclusive use or combined with commercial transportation and confirmed or notified by the competent state authority according to the provisions of this Decree.

2. A special aircraft flight of Vietnam is a special aircraft flight organized and implemented by a Vietnamese airline company or a unit under the Ministry of National Defense within or outside the territory of Vietnam.

3. A special aircraft flight of a foreign country is a special aircraft flight organized and implemented by a foreign airline company or other foreign agencies and organizations flying to, from, or through the territory of Vietnam.

4. The ceremonial welcoming and seeing off of special aircraft flights are ceremonies conducted at airports and airfields in welcoming and seeing off high-level delegations of Vietnam and foreign countries arriving in, departing from, or transiting through Vietnam.

Article 3. Principles for implementing the work of ensuring special aircraft flights

1. Absolute security and safety assurance

2. Assurance of special aircraft standards as prescribed.

3. Assurance of confidentiality as prescribed by law.

4. Priority service in a timely and accurate manner.

5. Assurance of ceremonial welcoming and seeing off of special aircraft flights.

Article 4. Detailed regulations on the work of ensuring special aircraft flights

1. The Minister of Transport shall prescribe standards for aircraft, crew, aviation personnel standards, management and implementation procedures, operational procedures, and other necessary support services for special aircraft flights operated by Vietnamese airlines.

2. The Minister of National Defense shall prescribe standards for aircraft, crew, and related components, welcoming and seeing off ceremonies; management and implementation procedures for other necessary support services for military special aircraft flights; regulations on coordination and cooperation in managing and protecting special aircraft flights operating within Vietnamese airspace.

3. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Transport to guide the implementation of security measures for special aircraft flights operated by Vietnamese airlines and foreign special aircraft flights.

4. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, and localities to implement security measures for special aircraft flights carried out by units under the Ministry of National Defense.

5. The Ministry of Foreign Affairs shall coordinate with relevant agencies to prescribe welcoming and seeing off ceremonies for special aircraft flights of Vietnam and foreign countries.

6. The Ministry of Finance shall provide guidance on budget planning, payment, and settlement for the work of ensuring and protecting special aircraft flights of Vietnam.

Chapter II

IMPLEMENTATION OF THE WORK TO ENSURE SPECIAL AIRCRAFT FLIGHTS

Article 5. Subjects served by special aircraft flights of Vietnam

1. Senior leaders of the Communist Party of Vietnam and the Socialist Republic of Vietnam:

a) General Secretary of the Central Committee of the Communist Party of Vietnam;

b) President;

c) Prime Minister;

d) Chairman of the National Assembly.

2. Other special subjects when notified by the Central Party Office, the President's Office, the National Assembly Office, and the Government Office.

Article 6. Organizations assigned to implement special aircraft flights of Vietnam

Organizations assigned to implement special aircraft flights of Vietnam are Vietnamese airlines meeting the standards prescribed by the Minister of Transport and units under the Ministry of National Defense meeting the standards prescribed by the Minister of National Defense, who are tasked with implementing special aircraft flights of Vietnam through written notifications of special aircraft flights as stipulated in Clause 1, Article 8 of this Decree.

Article 7. Competent authorities to notify special aircraft flights of Vietnam

1. The Central Party Office;

2. The President's Office;

3. The National Assembly Office;

4. The Government Office.

Article 8. Handover and receipt of notifications of special aircraft flights of Vietnam

1. Notifications of special aircraft flights of Vietnam are made in writing and include the following contents:

a) The subject served and the number;

b) The flight route;

c) The Vietnamese airline or unit under the Ministry of National Defense assigned to carry out the flight;

d) Requirements for welcoming and seeing off ceremonies;

đ) Requirements for security and defense assurance and other specific requirements.

2. Written notifications of special aircraft flights of Vietnam are sent to the following agencies and units:

a) Domestic special aircraft flights carried out by Vietnamese airlines: the Command of Guard Service, the Civil Aviation Administration of Vietnam, the Operations Department, the Air Defense - Air Force Corps, the Vietnamese airline assigned to carry out the flight;

b) International special aircraft flights carried out by Vietnamese airlines: the Consular Department, the State Protocol Department of the Ministry of Foreign Affairs, the Command of Guard Service, the Civil Aviation Administration of Vietnam, the Operations Department, the Air Defense - Air Force Corps, the Vietnamese airline assigned to carry out the flight.

c) Domestic special aircraft flights carried out by the Ministry of National Defense: the General Staff Headquarters, the Operations Department, the Consular Department, the State Protocol Department, the Command of Guard Service, the Air Defense - Air Force Corps, and related military units;

d) International special aircraft flights carried out by the Ministry of National Defense: the Consular Department, the State Protocol Department of the Ministry of Foreign Affairs, the Command of Guard Service, the Operations Department, the Air Defense - Air Force Corps, the Civil Aviation Administration of Vietnam - Ministry of Transport, the Vietnam Air Traffic Control Corporation.

3. The time limit for handover and receipt of notifications of special aircraft flights of Vietnam is as follows:

a) For flights using separate aircraft: at least five days before the planned date for domestic flights; at least ten days before the planned date for international flights;

b) For combined commercial flights: at least twenty-four hours before the scheduled departure time for domestic flights; at least five days before the implementation date for international flights;

c) For military special aircraft: the Ministry of National Defense is ready to respond to requirements.

4. The competent authority notifying special aircraft flights of Vietnam has the responsibility to promptly inform relevant agencies and units about changes related to the special aircraft mission.

5. The agency or unit receiving the notification of the special aircraft flight of Vietnam shall be responsible for implementing, recording, and storing all details regarding the execution of the mission as prescribed.

Article 9. Authority to notify foreign special aircraft flights

1. The agencies specified in Article 7 of this Decree.

2. The Operations Directorate - Ministry of National Defense.

3. The Consular Service Department - Ministry of Foreign Affairs.

4. The Civil Aviation Administration of Vietnam - Ministry of Transport.

Article 10. Notification of foreign special aircraft flights

1. The notification of foreign special aircraft flights shall be made in writing or through flight permits with the contents stipulated in Clause 1, Article 8 of this Decree.

2. The written notification of foreign special aircraft flights shall be sent to the following agencies and units:

a) For flights departing from or arriving at Vietnam: The Consular Service Department, The State Reception Department - Ministry of Foreign Affairs, The Security Command, The Civil Aviation Administration of Vietnam, The Operations Directorate, The Air Defense - Air Force Corps, and The Vietnam Air Traffic Services Corporation;

b) For flights transiting Vietnam: The Civil Aviation Administration of Vietnam, The Operations Directorate, The Air Defense - Air Force Corps, and The Vietnam Air Traffic Services Corporation.

3. The notification of foreign special aircraft flights shall be received at least seven (07) days before the scheduled date of the flight, except in special cases.

4. The authority notifying foreign special aircraft flights shall be responsible for promptly informing relevant agencies and units about the suspension or change of takeoff, landing times, or transit times within Vietnam for such flights.

5. The agency or unit receiving the notification of foreign special aircraft flights shall be responsible for implementing, recording, and storing all details regarding the execution of the mission as prescribed.

Chapter III

RESPONSIBILITIES OF RELEVANT AGENCIES, UNITS AND ORGANIZATIONS

Article 11. Responsibilities of agencies and units under the Ministry of Transport

1. The Civil Aviation Administration of Vietnam shall be responsible for:

a) Serving as the focal point for receiving and implementing tasks related to ensuring special aircraft flights conducted by Vietnamese airlines and foreign special aircraft flights;

b) Supervising compliance with technical standards and ensuring aviation security and safety for special aircraft flights conducted by Vietnamese airlines;

c) Issuing flight permits for special aircraft flights within its jurisdiction.

2. The Air Navigation Service Units shall be responsible for coordinating with related agencies and organizations to ensure special aircraft flights, directly supervising compliance with technical standards and ensuring aviation security and safety for special aircraft flights operating at airports under their management.

Article 12. Responsibilities of agencies and units under the Ministry of National Defense

The Operations Directorate and the Air Defense - Air Force Corps shall manage airspace, coordinate with air navigation service providers to control special aircraft flights within the notified airspace managed by Vietnam; coordinate with related agencies to implement services for special aircraft flights arriving at or departing from airports managed by the Ministry of National Defense; directly organize and manage special aircraft flights conducted by the Ministry of National Defense.

Article 13. Responsibilities of agencies and units under the Ministry of Foreign Affairs

1. The Consular Service Department shall be responsible for coordinating with Vietnamese airlines or units of the Ministry of National Defense assigned to conduct special aircraft flights to obtain foreign flight permits through diplomatic channels; issuing flight permits for foreign special aircraft flights within its jurisdiction.

2. The State Reception Department shall be responsible for organizing and ensuring ceremonial reception and farewell procedures for Vietnamese special aircraft flights at foreign airports; coordinating to ensure ceremonial reception and farewell procedures for Vietnamese special aircraft flights at international airports in Vietnam; implementing ceremonial reception and farewell procedures for foreign special aircraft flights at Vietnamese airports.

Article 14. Responsibilities of agencies and units under the Ministry of Public Security

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Article 15. Responsibilities of the Central Party Office, the President's Office, the National Assembly Office, and the Government Office

1. Organizing and providing information on advance teams or escort teams for Vietnamese special aircraft flights; implementing ceremonial reception and farewell procedures for Vietnamese special aircraft flights at Vietnamese airports; coordinating with the Ministry of Foreign Affairs to ensure ceremonial reception and farewell procedures for Vietnamese special aircraft flights at foreign airports.

2. Taking the lead and coordinating with the Vietnam Chamber of Commerce and Industry and the Vietnam Journalists' Association to arrange, manage, and provide information on business and media delegations accompanying Vietnamese special aircraft flights.

Article 16. Responsibilities of airport enterprises and air traffic service enterprises

1. Airport enterprises shall be responsible for coordinating to organize the reception and farewell of special aircraft flights conducted by Vietnamese airlines; adhering to technical standards; ensuring aviation security and safety in the areas of airports under their management.

2. Air traffic service enterprises shall be responsible for providing air traffic service support for special aircraft flights conducted by Vietnamese airlines within the notified airspace managed by Vietnam.

Article 17. Responsibilities of Vietnamese airlines assigned to conduct Vietnamese special aircraft flights

1. Ensuring flights according to standards prescribed by the Ministry of Transport, handling foreign flight permit applications through aviation channels, organizing services at domestic and international airports, and ensuring security and safety for the flights.

2. Shall be responsible for designing flight routes for international Vietnamese special aircraft flights and submitting the flight route to the Consular Service Department at least fifteen days before the planned implementation date for international Vietnamese special aircraft flights.

3. In case the airline of Vietnam receives the notification document for the state aircraft flight later than the time specified in Clause 3, Article 8 of this Decree, the airline of Vietnam must immediately report to relevant agencies and units about difficulties and obstacles for coordination and timely resolution.

Article 18. Responsibilities of the People's Committee of provinces and centrally governed cities

1. Coordinate with the Ministry of Public Security and relevant agencies and units to organize the implementation of security, safety, order, and reception ceremonies for the state aircraft flight of Vietnam and foreign state aircraft flights at airports and outside airport parking areas.

2. Coordinate with the Ministry of Foreign Affairs to implement reception and farewell ceremonies for the state aircraft flight of Vietnam and reception and farewell ceremonies for foreign state aircraft flights at local airports.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Implementation Provisions

1. This Decree takes effect 45 days from the date of signature. Previous regulations contrary to this Decree are abolished.

2. The Director of the Central Party Office, the Director of the President's Office, the Chairman of the National Assembly's Office, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally governed city People's Committees, Heads of relevant agencies, units, and organizations are responsible for implementing this Decree./.