Circular No. 18/2023/TT-BCA on the model, management, and use of Air Security Cards

CIRCULAR

Regulations on the model, management, and use of Air Security Cards

Pursuant toDecree No. 92/2015/NĐ-CP dated October 13, 2015 of the Government on aviation security;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Immigration Administration Department;

The Minister of Public Security issues this Circular regulating the model, management, and use of Air Security Cards.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the model of Air Security Cards; the subjects, authority, procedures for issuance, reissuance, replacement, handover, submission, recovery, destruction of Air Security Cards; management and use of Air Security Cards; rights and responsibilities of the subjects issued with Air Security Cards; responsibilities of agencies, organizations, and individuals related to the management and use of Air Security Cards; and handling violations in the management and use of Air Security Cards.

Article 2. Principles for issuance, handover, submission, recovery, destruction, management, and use of Air Security Cards

1. Air Security Cards shall be issued to air security officers to perform their duties on domestic civil airline flights and international flights under agreements in writing between the Civil Aviation Administration of Vietnam and the relevant national aviation authorities according to Article 15 of Decree No. 92/2015/NĐ-CP dated October 13, 2015 of the Government on aviation security; hand over Air Security Cards to officers before flights and require them to return the cards upon completion of their duties after each flight.

2. Issuance, handover, submission, recovery, destruction, management, and use of Air Security Cards must comply with the provisions of this Circular and other relevant laws.

Article 3. Prohibited Acts

1. Counterfeiting, altering, erasing, stealing, buying, selling, lending, giving, renting, borrowing, holding as collateral, or receiving as collateral Air Security Cards.

2. Issuing, reissuing, replacing, handover, recovery, destruction, management, and use of Air Security Cards contrary to the provisions of the law.

3. Misusing or exploiting the issuance and handover of Air Security Cards to commit illegal acts.

4. Using Air Security Cards to process boarding procedures and access restricted areas at airports.

Article 4. Validity and Scope of Use

Air Security Cards have a validity period of five years from the date of issuance and can only be used when performing official duties on aircraft in flight.

Chapter II

SPECIFIC PROVISIONS

Article 5. Shape, Size, Language, Content, Format, Color, and Material of Air Security Cards

1. Air Security Cards are rectangular, measuring 53.98 mm ± 0.12 mm in width, 85.6 mm ± 0.12 mm in length, and 0.76 mm ± 0.05 mm in thickness.

2. The language on Air Security Cards is Vietnamese at the top and English at the bottom.

3. The material of Air Security Cards is high-strength plastic.

4. The front side has a light blue background; the back side prints a light blue police emblem pattern.

5. Information on Air Security Cards

a) Front side includes: name of the Socialist Republic of Vietnam, the National Emblem of the Socialist Republic of Vietnam, name of the Air Security Card;

b) Back side includes: police badge, officer number; winter uniform portrait photograph; full name, position, working unit; date of issuance, expiration date. Signature of the Minister of Public Security, stamp of the Ministry of Public Security, full name of the Minister.

6. This Circular annexes the model of Air Security Cards.

Article 6. Subjects eligible for issuance of Air Security Card

1. Leaders and commanders of Air Security forces, including leaders at the Bureau level and leaders of the Air Security Department.

2. Officers holding valid Air Security Officer Certificates.

Article 7. Cases for Reissuance or Replacement of Air Security Card

1. The Air Security Card shall be replaced in the following cases:

a) The card is damaged or the information on the card has faded and cannot be used;

b) The subject holding the Air Security Card changes position;

c) The validity period recorded on the Air Security Card has expired.

2. If the Air Security Card is lost, it shall be reissued.

Article 8. Cases for Revocation of Air Security Card

1. The subject holding the Air Security Card fails to meet the results of periodic assessment tests.

2. The subject holding the Air Security Card retires, leaves military service, is transferred, rotated, resigns, is relieved of duty, dismissed, demoted, suspended from work, or stripped of the title of People's Police according to the provisions of the law.

3. The subject holding the Air Security Card dies, goes missing, or is unable to ensure health to perform tasks.

4. The subject holding the Air Security Card is temporarily detained or arrested for serving investigative, prosecution, or trial work, or violates regulations on using the Air Security Card.

Article 9. Cases for Destruction of Air Security Card

1. Old Air Security Cards that have been replaced according to the provisions of Clause 1, Article 7 of this Circular.

2. Lost Air Security Cards found again but the subject has already received a new Air Security Card.

3. Air Security Cards revoked in cases stipulated in Article 8 of this Circular.

Article 10. Authority to Issue, Replace, Reissue, Revoke, and Destroy Air Security Card

1. The Minister of Public Security decides on issuing, replacing, reissuing, and destroying Air Security Cards.

2. The Director of the Immigration Management Department decides on revoking Air Security Cards.

Article 11. Procedures for Issuing, Replacing, Reissuing, Revoking, and Destroying Air Security Card

1. Procedures for Issuing, Replacing, and Reissuing Air Security Card

a) Annually, the Immigration Management Department reviews, compiles lists and information about subjects eligible for issuance, replacement, and reissuance of Air Security Cards under the provisions of Point b, Clause 5, Article 5 of this Circular, reports to the Minister of Public Security for consideration and decision on issuing, replacing, and reissuing Air Security Cards;

b) In cases of reissuance due to loss, a report of loss must accompany the application of the officer holding the card; the unit managing the officer must submit a verification and handling report on the case of losing the Air Security Card.

2. Procedures for Revoking Air Security Card

a) The Immigration Management Department decides to revoke Air Security Cards for cases stipulated in Article 8 of this Circular; the revocation must be documented in a record;

b) In cases where the subject holding the Air Security Card dies or goes missing, the direct unit must cooperate with the family to revoke the card;

c) In cases where the card cannot be revoked, a report must be submitted to the leadership of the Ministry and notified to local police units, agencies, and organizations concerned to prevent misuse by bad elements.

3. Procedures for Destroying Air Security Card

a) The Immigration Management Department collects Air Security Cards that need to be destroyed and reports to the Minister of Public Security for consideration and decision;

b) The Immigration Management Department establishes a Destruction Committee chaired by one leader of the Department; the destruction process must be documented in a record.

Article 12. Responsibilities of the Object Receiving the Air Security Card

1. Using the Air Security Card in accordance with regulations.

2. Safeguarding, maintaining, preventing loss or damage to the Air Security Card; carrying out handover and return of the Air Security Card in accordance with the provisions of this Circular.

3. Reporting immediately to the head of the directly managing unit in case the Air Security Card is lost to notify the Public Security units and localities to prevent other individuals from exploiting it.

Article 13. Responsibilities of Relevant Agencies, Organizations, and Individuals

1. When an Air Security Officer presents the Air Security Card to perform duties on a flying aircraft, passengers on the aircraft have the responsibility to comply with the requirements of the Air Security Officer, the aircraft commander, and flight crew members shall cooperate and facilitate the Air Security Officer's performance of duties in accordance with the National Security Law and the People's Public Security Law.

2. Reporting to the Immigration Management Department under the Ministry of Public Security or the nearest public security agency upon discovering cases of improper use of the Air Security Card or its loss or misplacement.

Article 14. Handling Violations in the Management and Use of the Air Security Card

Any person who violates the regulations on issuance, reissuance, replacement, handover, submission, destruction, recovery, management, preservation, and use of the Air Security Card shall be subject to disciplinary action, administrative penalties, or criminal liability prosecution according to the law, similar to violations concerning the management and use of the People's Public Security Identity Card.

Chapter III

IMPLEMENTATION

Article 15. The Immigration Management Department

1. Taking the lead in implementing this Circular.

2. Leading and coordinating with the Institute of Science and Technology to design and print the Air Security Card ensuring high security factors and anti-counterfeiting requirements for operational needs.

3. Managing the use of the Air Security Card; when handing over, submitting, and recovering, there must be signatures between the parties; periodically reviewing and reporting to the Minister of Public Security for issuance, reissuance, replacement, and destruction of the Air Security Card.

4. Establishing registers to track the handover and submission of the Air Security Card as prescribed; separate registers for issuance, recovery, and destruction.

5. Reporting and coordinating with competent authorities to handle violations related to the improper management and use of the Air Security Card.

Article 16. Public Security Units and Localities

1. The Institute of Science and Technology

a) Cooperating with the Immigration Management Department to research, design, and print the Air Security Card meeting technical standards and having high security factors according to the list approved by the Minister of Public Security for issuance, reissuance, and replacement;

b) Organizing authentication and proposing handling of the Air Security Card suspected of being counterfeit;

c) Managing technical design files of the Air Security Card in accordance with regulations.

2. The Planning and Finance Department ensures funding for the issuance of the Air Security Card.

3. The Cadre and Personnel Department is responsible for inspecting and supervising the management and use of the Air Security Card.

4. Heads of subordinate units under the Ministry of Public Security, Directors of Provincial and Central City Public Security Departments, and relevant agencies, organizations, and individuals are responsible for enforcing this Circular.

Article 17. Effective Date

This Circular takes effect from July 8, 2023.

During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals should exchange with the Ministry of Public Security (through the Immigration Management Department) for guidance./.