Circular No. 07/2016/TT-TTg-MGTV-BCA-BQP on cooperation in exchanging and processing information for civil aviation security and safety work

JOINT CIRCULAR

On coordination exchange, processing information in ensuring civil aviation security and safety

work

____________________ 

Pursuant to the National Security Law dated December 3, 2004;

Based on the Law on National Defense dated June 14, 2005;

1. The Deputy Minister of Public Security responsible for the traffic police force shall be the head of the Criminal Police Investigation Department under the Ministry of Public Security.

On the basis of the Civil Aviation Law dated June 29, 2006; the Law Amending and Supplementing Some Articles of the Civil Aviation Law dated November 21, 2014;

Pursuant to the Law on Prevention and Combating Terrorism dated June 12, 2013;

Pursuant to the Fire Prevention and Combating Law dated July 12, 2001; Law amending and supplementing certain articles of the Fire Prevention and Combating Law November 22, 2013;

On the basis of Decree No. 92/2015/ND-CP dated October 13, 2015 of the Government on Civil Aviation Security;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

On the basis of Decree No. 106/2014/ND-CP dated November 17, the 11 year 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

The Minister of Transport, the Minister of Public Security, and the Minister of National Defense issue this Joint Circular on coordination in exchanging and processing information for ensuring civil aviation securityand safety. civil aviation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular prescribes principles, responsibilities, contents, and methods of coordination in exchanging and processing information for ensuring civil aviation security between the Ministry of Transport, the Ministry of Public Security, and the Ministry of National Defense.

Article 2. This Circular applies to agencies, organizations, and individuals in Vietnam in exchanging and processing information for ensuring civil aviation security and safety.

Article 2. Principles of Coordination

1. Coordination in exchanging and processing information for ensuring civil aviation security aims to enhance efficiency, capacity, and promote the role, functions, and tasks of specialized agencies in civil aviation security work.

2. Compliance with the Constitution and laws, ensuring the interests of the State, rights, and legitimate interests of agencies, organizations, and citizens. Properly perform assigned functions and tasks, respect, and create conditions to effectively utilize measures of related parties in civil aviation security work, aiming to ensure national security, security, and safety in civil aviation activities; create a favorable business environment, contributing to promoting the development of the aviation industry.

3. Information exchange, processing, exploitation, and utilization must ensure confidentiality, timeliness, and accuracy. Information must be used for its intended purpose, comply with legal provisions on state secrets protection, ensure national defense, security, and civil aviation security and safety.

Article 3. Explanation of Terms

1. Civil aviation security and safety involve the combined use of measures, human resources, equipment, and facilities to prevent, detect, stop, and respond to illegal interference in civil aviation operations, protect aircraft safety, the lives, health, and property of passengers, crew members, and people on the ground, and ensure other legitimate interests.

2. Civil aviation security and safety work involves implementing the following measures:

a) Ensuring national security, defense, maintaining social order and security according to laws on national security, defense, public security, counter-terrorism, and other relevant laws;

b) Establishing restricted areas at airports and airfields and places with aviation facilities and equipment to protect aircraft and facilities and equipment in those areas;

c) Conducting security checks, screening, and surveillance of aircraft, means of transport, persons, baggage, cargo, entry and exit, and activities within restricted areas as prescribed; searching aircraft, means of transport, persons, baggage, and cargo when there are signs threatening aviation security;

d) Eliminating the possibility of illegally transporting dangerous goods by air; applying special preventive measures when allowing the transportation of dangerous goods or potential threats to aviation security; permanently or temporarily prohibiting the transportation of disruptive passengers or persons interfering with civil aviation operations, or as required by competent authorities;

đ) Monitoring aviation security, maintaining order and discipline at airports, airfields, places with aviation facilities and equipment, and on board aircraft;

e) Counter-terrorism on aircraft, airports, and airport areas;

h) Internal security control over aviation staff;

i) Responding to illegal interference in civil aviation operations.

Article 4. Content of information exchange

1. Official information, developments, evaluations, conclusions, and results of handling violations by specialized agencies concerning matters, cases, and issues related to civil aviation security work; serious violation cases or cases requiring urgent joint handling.

2. Political security situation and social order related to civil aviation activities, especially in areas with civil airports and aviation facilities.

3. Activities of criminal organizations, terrorist groups, and reactionary forces domestically and internationally related to civil aviation security.

4. Security and political situations in countries and regions with air routes entering, exiting, or passing through Vietnam.

5. Anti-Vietnam activities by hostile forces through civil aviation operations.

6. New technological solutions and development trends in the aviation industry of various countries.

7. Characteristics, level of danger, and ability to disrupt of escorted persons transported by air and management measures for such individuals during their time on board aircraft and at civil airports.

Chapter II

MECHANISMS AND METHODS OF COOPERATION

Article 5. Responsibilities of the Ministry of Transport and relevant agencies within the transport sector

1. The Ministry of Transport directs agencies and units under its jurisdiction and enterprises operating in the aviation sector to exchange and handle information related to civil aviation security work with competent agencies of the Ministry of Public Security and the Ministry of National Defense according to the contents stipulated in Clauses 2, 3, 4, 5, and Clause 6 of this Article.

2. Civil Aviation Authority of Vietnam

a) Is the central agency responsible for coordinating the exchange and handling of civil aviation security information between the Ministry of Transport and the Ministry of National Defense and the Ministry of Public Security; bears responsibility for directing and coordinating the exchange and handling of information to ensure civil aviation security within the civil aviation sector;

b) Organizes immediate and prompt notification and alarm of information about serious incidents threatening terrorism and illegal interference in civil aviation operations, and information and incidents related to national security and public order discovered;

c) Provides passenger information, developments, and results of handling security violation cases, and incidents threatening terrorism and illegal interference in civil aviation operations upon request from relevant units of the Ministry of Public Security and the Ministry of National Defense;

d) Exchanges information on fire and explosion situations; information on deficiencies and violations of fire prevention and extinguishing regulations at aviation facilities; investment, design, construction, renovation, or change of use of facilities and components related to fire prevention and extinguishing at civil airports and airfields; information on regulations and plans related to rescue and evacuation operations in the aviation sector;

đ) Receives, exchanges, and handles information in emergency situations and information on the activities of organizations and individuals with specific plots and signs of using civil aviation to organize terrorist, destructive, and hostage-taking activities at civil airports, airfields, on aircraft, or aviation facilities;

e) Reports annually every six months to the Ministry of Transport on the coordination and handling of information to ensure civil aviation security with the Ministry of Public Security and the Ministry of National Defense.

g) Regularly provides quarterly information on civil aviation security work and aviation network security to central agencies responsible for coordination within the Ministry of Public Security (Ministry of Public Security Office) and the Ministry of National Defense (Operational Department).

h) Leads and directs units and enterprises operating in the aviation sector to establish a civil aviation security database system. Guides and supervises the exploitation of the civil aviation security database. Directly organizes the management of the civil aviation security database system.

3. Civil Aviation Port Authority (representatives of Civil Aviation Port Authorities at Vietnamese civil airports and airfields)

Provides passenger, flight, developments, and results of handling security violation cases information upon request from relevant units of the Ministry of Public Security and the Ministry of National Defense.

4. Enterprises providing aviation security services

a) Regularly monthly provides information and documents on aviation security and safety work at civil airports and airfields: Information on ensuring security and safety in restricted areas and public areas within airport and airfield land, security and safety for passengers, crew, and baggage, for cargo, mail, and parcels; ensuring security and safety for catering, reserve items, and services on flights, aircraft fuel, and other items loaded onto aircraft; fire prevention and extinguishing work for local police authorities according to the announcement of the Ministry of Public Security's classification, and simultaneously for the county-level police where the airport is located;

b) Provides surveillance camera images or results of monitoring restricted areas, developments, and results of handling security violation cases upon request from authorized agencies of the Ministry of Public Security and the Ministry of National Defense;

c) Implements management of the civil aviation security database according to the authorization of the Civil Aviation Authority of Vietnam;

d) Organizes aviation security at civil airports as the unit representing enterprises providing aviation security services to fulfill responsibilities under Points a, b, and Point c of Clause 4 of this Article.

5. Airlines

a) Provides passenger, crew, flight, developments, and results of handling security violation cases information upon request from authorized agencies of the Ministry of Public Security and the Ministry of National Defense;

b) Implements management of the civil aviation security database according to the authority granted by the Civil Aviation Authority of Vietnam.

6. Vietnam Air Traffic Management Corporation

a) Provide information and documents regarding flights, developments, and results of handling air security violations at the request of authorized state agencies under the Ministry of Public Security and the Ministry of National Defense.

b) Implement air security database management pursuant to the authorization of the Civil Aviation Administration of Vietnam.

7. Prior to special aircraft flights and flights involving protected individuals, the air security control forces of enterprises providing air security services and representatives of airlines at airports must notify the direct cooperating security force (the Security Guard Command) of relevant information concerning air security and safety operations.

Article 6. Responsibilities of the Ministry of Public Security

1. The Ministry of Public Security directs specialized units to exchange and process information related to air security and safety operations with competent agencies under the Ministry of Transport and aviation units according to the contents stipulated in Clauses 2, 3, 4, 5, 6, 7, 8, and Clause 9 of this Article.

2. The Ministry of Public Security Office

a) Is the central point responsible for coordinating the exchange and processing of air security and safety information between the Ministry of Public Security and the Ministry of Transport and the Ministry of National Defense. It is responsible for generally coordinating the exchange and processing of information with the specialized agency of the Civil Aviation Administration of Vietnam.

b) Receives and processes notifications and requests for verification of information from the Civil Aviation Administration of Vietnam, Air Port Inspection Agencies, and aviation enterprises within its jurisdiction.

c) Receives, exchanges, and processes information in emergency situations and information about the activities of organizations and individuals with specific intentions to exploit civil aviation for terrorist, sabotage, hostage-taking activities at airports, on aircraft, or at aviation facilities.

d) Regularly every quarter or urgently (if there are related incidents), provides information on the situation of air security and safety operations to units that are central points responsible for coordination of the Ministry of Transport and the Ministry of National Defense.

3. The General Department of Security

Regularly every quarter or urgently (if there are related incidents), provides the Ministry of Public Security Office with information, assessments, and forecasts on: political security situations in countries where Vietnam has related flights, affecting civil aviation security; policies, experiences of countries worldwide in organizing aviation security forces and measures to ensure aviation security and safety; illegal exit-entry activities, methods, and means of producing and using fake travel documents, passports, and stolen travel documents for illegal exit-entry through aviation.

4. The General Department of Police

Regularly every quarter or urgently (if there are related incidents), provides the Ministry of Public Security Office with information, assessments, and forecasts on: domestic social order situations related to civil aviation security; criminal activities exploiting aviation for crimes; organized human trafficking and illegal exit-entry activities; activities of organizations stealing and forging travel documents and passports; illegal production, sale, transportation, and use of weapons, explosives, and support tools through aviation; fugitives showing signs of moving abroad or domestically via aviation; fire prevention and firefighting deficiencies and fire situations in aviation facilities.

5. The General Intelligence Department

Regularly every quarter or urgently (if there are related incidents), provides the Ministry of Public Security Office with information, assessments, and forecasts on the plots, methods, and means of activities of hostile forces, reactionary exiles, international terrorists, transnational criminals targeting civil aviation for sabotage, terrorist activities, and human trafficking.

6. The Cybersecurity Bureau

a) Regularly every quarter or urgently (if there are related incidents), provides the Ministry of Public Security Office with the situation and results of coordinated efforts to review, identify weaknesses and vulnerabilities, malicious code intrusion activities, data theft, and secret state information leaks to ensure the security and safety of important information systems and databases; destructive activities against flight operation and management systems and networks in the aviation sector.

b) Coordinates the exchange of information and handling of cases related to aviation cybersecurity with functional units operating in the aviation sector as stipulated in Clauses 2, 3, 4, 5, and Clause 6 of Article 5 of this Circular. Simultaneously, it provides the Ministry of Public Security Office with the situation and results of coordinated efforts.

c) Cooperates with the Ministry of Transport and the Ministry of National Defense to organize training and enhance knowledge on cybersecurity for managers and administrators of information systems in the aviation sector.

7. The Security Guard Command

Regularly every quarter or urgently (if there are related incidents), provides the Ministry of Public Security Office with the situation and results of coordinated efforts to ensure security and safety for high-level delegations traveling by air abroad or domestically.

8. The Fire Prevention and Control Bureau

Regularly every quarter or urgently (if there are related incidents), provides the Ministry of Public Security Office with information on fire and explosion situations; deficiencies and violations of fire prevention regulations in aviation facilities.

9. Public Security and Fire Prevention and Control Units of provinces and centrally-administered cities with airports

a) Provide information and assessments on political security situations, crime prevention, social order and safety related to aviation security, including security risks and threats, quarterly or urgently (if there are relevant incidents or events), to the Office of the Ministry of Public Security; results of handling aviation security violations within the jurisdiction of the police agencies at airports and airfields.

b) Receive and process urgent notifications and requests for verification of information from the Civil Aviation Authority of Vietnam, Air Traffic Control Units, and airlines under their responsibility.

c) Provide the results of handling aviation security and safety violations within their jurisdiction to the Air Traffic Control Units and airlines under their responsibility.

Article 7. Responsibilities of the Ministry of National Defense

1. Direct related units under the Ministry of National Defense to cooperate in exchanging and processing aviation security information with relevant agencies of the Ministry of Transport and the Ministry of Public Security.

2. The General Staff Department: Directly direct the coordination and exchange of aviation security information between the Ministry of National Defense and the Ministries of Transport and Public Security as stipulated in Clauses 3, 4, and 5 of this Article.

3. The Operations Directorate - General Staff Department: Under the direction of the General Staff Department, be responsible for coordinating the overall cooperation and exchange of information between the Ministry of National Defense and relevant agencies of the Ministries of Transport and Public Security.

4. The Second General Department: Upon instructions from the General Staff Department, provide information and assessments on global and domestic political and security situations, activities of reactionary and terrorist organizations, and anti-Vietnam activities that affect aviation security through the Operations Directorate for compilation and reporting to the Chief of the General Staff Department, and provide and exchange information with relevant agencies of the Ministries of Transport and Public Security. In case of urgent information affecting aviation security, report promptly to the General Staff Department's Command Post for guidance and coordination with relevant agencies of the Ministries of Transport and Public Security to resolve the issue.

5. The Air Defense and Air Force Corps

a) Upon instructions from the General Staff Department, provide information and assessments on unusual flying objects and static obstacles affecting aviation security through the Operations Directorate for compilation and reporting to the Chief of the General Staff Department, and provide and exchange information with relevant agencies of the Ministries of Transport and Public Security; promptly inform the Civil Aviation Authority of Vietnam about the flight path and position of aircraft being illegally interfered with on Vietnamese territory. In case of urgent information affecting aviation security, report promptly to the General Staff Department's Command Post for guidance and coordination with relevant agencies of the Ministries of Transport and Public Security to resolve the issue.

b) Direct units under the Air Defense and Air Force Corps stationed at airports and airfields to regularly exchange information on security and order in their jurisdictions with Air Traffic Control Units and airport companies; situation of guarding and protecting targets at shared-use airports, which are under their protection. Regularly review and supplement the contents of security agreements among parties at shared-use airports.

Article 8. Methods of exchanging information

1. Official letters for exchanging information in the following cases:

a) The regular information and documents exchanged as stipulated in Articles 5, 6, and 7 of this Circular.

b) In emergency situations where events or incidents threaten aviation security, units must send official letters to the Civil Aviation Administration of Vietnam (Ministry of Transport), the Office of the Ministry of Public Security, and the Operations Department (Ministry of National Defense) in addition to exchanging information through the online information system or directly.

c) When it is necessary to verify events or incidents related to aviation security that are not urgent cases.

2. Presentations and reports at inter-ministerial coordination meetings, mid-term and final reviews on aviation security work.

3. Through the online information system, information requiring prompt processing or updates to the aviation security database, which is shared according to the guidance of the Civil Aviation Administration of Vietnam; the exchange of information through the online information system shall be carried out in accordance with the provisions of Article 9 of this Circular.

4. Directly exchanging information via hotlines or assigning liaison officers.

Article 9. Online Information System

1. The online information system includes: telephone, internet, or computer network, surveillance signal transmission and reception devices connected internally, including cameras. Information exchanged through the online information system must comply with current regulations on state secrecy protection.

2. Telephone:

a) Relevant agencies and units: the Civil Aviation Administration of Vietnam (Aviation Security Department), civil aviation control offices (representatives of civil aviation control offices at Vietnamese airports), airlines, Vietnam Air Traffic Management Corporation, and aviation security forces at airports must equip telephones and operate 24/7 to receive and process aviation security information;

b) Relevant units of the Ministry of Public Security and the Ministry of National Defense must use existing telephone and fax systems to operate 24/7 to receive and process aviation security information.

3. Online computer network:

a) The Civil Aviation Administration of Vietnam leads and directs units within the aviation sector to establish an aviation security database to store and exchange information through the computer network; directly invests in setting up servers, receiving information, and notifications from relevant agencies of the Ministry of Public Security and the Ministry of National Defense to update the database, organize management and exploitation of the database; leads and coordinates with the Operations Department (Ministry of National Defense) and the Office of the Ministry of Public Security to develop mechanisms and technical means to implement air emergency alerts when there are terrorist incidents or serious illegal interventions in civil aviation operations.

b) Units such as civil aviation control offices (representatives of civil aviation control offices at airports), airlines, Vietnam Air Traffic Management Corporation, and aviation security forces at airports must equip computer systems to update information into the database and exploit and use the database according to the authority granted by the Civil Aviation Administration of Vietnam.

c) Relevant units of the Ministry of Public Security and the Ministry of National Defense use existing equipment to exploit the aviation security database according to the authority granted by the Civil Aviation Administration of Vietnam.

4. Surveillance camera images for aviation security:

a) Aviation security forces at airports must invest in establishing airport emergency centers, including the entire screen system and the image storage section for airport security surveillance by camera according to specified standards; organize the exploitation and use of surveillance images for aviation security purposes, providing surveillance images to public security and military units upon request of authorized agencies.

b) Relevant public security and military units that need to use surveillance camera images for aviation security at airports must cooperate with civil aviation control offices and aviation security forces at airports to install signal transmission equipment, bear full responsibility for installation and maintenance costs of the transmission equipment.

Article 10. Processing Information

1. The Civil Aviation Administration of Vietnam shall be responsible for receiving, compiling, and evaluating information provided in accordance with Articles 6 and 7 of this Circular; analyzing and assessing the situation, incidents, and related information; updating information on the civil aviation security database based on actual circumstances or issuing notifications to direct the civil aviation security forces to take appropriate security measures; notifying the information-providing unit of the results of the processed information.

2. Civil Aviation Port Authorities, civil aviation security forces at airports, Vietnamese airlines, and the Vietnam Air Traffic Management Corporation shall be responsible for receiving, compiling, and evaluating information provided in accordance with Articles 6 and 7 of this Circular; analyzing and assessing the situation, incidents, and related information; updating information on the civil aviation security database based on actual circumstances or reporting to the Civil Aviation Administration of Vietnam or applying appropriate enhanced security measures; notifying the information-providing unit of the results of the processed information.

Chapter III

IMPLEMENTATION

Article 11. Effective Date

This Circular takes effect from June 1, 2016.

Article 12. Responsibilities for Coordinating Implementation

1. The Ministry of Transport, the Ministry of Public Security, and the Ministry of National Defense shall be responsible for directing the dissemination, implementation, and enforcement of this Circular to agencies and units under their jurisdiction, particularly those directly involved in coordinating civil aviation security work.

2. The Civil Aviation Administration of Vietnam (Ministry of Transport), the Office of the Ministry of Public Security, and the Operations Directorate (Ministry of National Defense) shall serve as the lead agencies for coordinating the implementation of this Circular.

3. Annually, the Civil Aviation Administration of Vietnam (Ministry of Transport), the Office of the Ministry of Public Security, and the Operations Directorate (Ministry of National Defense) shall coordinate to organize inspections and evaluations of the implementation of this Circular at grassroots agencies and units. During the implementation process, if any difficulties or issues arise, agencies and units shall report them to the Ministry of Transport, the Ministry of Public Security, and the Ministry of National Defense for timely guidance. Every three years, the Ministries of Public Security, National Defense, and Transport shall organize mid-term review meetings to evaluate the implementation of this Circular.