Decree No. 215/2026/NĐ-CP on Aviation Security

 

DECREE

On aviation security

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Civil Aviation Law of Vietnam No. 130/2025/QH15;

Pursuant to the Cybersecurity Law No. 116/2025/QH15;

Pursuant to the Counter-Terrorism Law No. 28/2013/QH13;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates the Decree on aviation security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations for certain provisions of the Civil Aviation Law of Vietnam No. 130/2025/QH15, including Article 8, Article 11, Article 91, Article 92, Article 93, Article 94, Article 95, Article 96, Article 97, Article 98, point i clause 1 Article 99, Article 101, clause 2 Article 103.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals of Vietnam and foreign countries related to civil aviation activities in Vietnam.

Article 3. General Principles

1. Ensuring aviation security is a crucial task of the State, the Government, and the civil aviation industry of Vietnam aimed at protecting human lives and property in civil aviation activities; protecting aircraft and facilities, equipment at airports; countering illegal interventions, contributing to national security and maintaining public order and safety in areas of civil aviation activities.

2. Absolute security must be ensured for special aircraft flights.

3. Security procedures applied must ensure maximum security for all civil aviation activities, special aircraft flights, while facilitating air transport operations and being consistent with international civil aviation treaties to which the Socialist Republic of Vietnam is a party.

4. Aviation security work is the responsibility of all organizations and individuals involved in civil aviation activities, with the police force playing a core role.

5. Incidents and violations of aviation security regulations must be reported promptly and fully, studied, statistically analyzed, lessons learned, and explained to address any shortcomings.

6. Compliance with Vietnamese and international laws. In case of conflict between international treaties to which the Socialist Republic of Vietnam is a party and this Decree, the provisions of such treaties shall apply.

7. Aviation security operations must be aligned with requirements to facilitate and maintain safe, continuous, and efficient air operations.

Article 4. Definitions

1. A special aircraft flight is a flight using a dedicated aircraft to carry one of the key leaders of the Party or State; heads of state, legislative bodies, or governments of countries or territories specified in Clause 1 Article 45 of this Decree and notified by the competent authority according to regulations.

2. A special cargo compartment flight (in whole or in part) is a commercial air transportation flight purchased and confirmed by authorized agencies for one of the key leaders of the Party or State; heads of state, legislative bodies, or governments of countries or territories specified in Clause 1 Article 45 of this Decree and notified according to regulations.

3. A special aircraft or cargo compartment flight of Vietnam is a flight conducted by a Vietnamese airline or a unit under the Ministry of Defense carrying one of the key leaders of the Party or State; heads of state, legislative bodies, or governments of countries or territories specified in Clause 1 Article 45 of this Decree and notified by the competent authority according to regulations.

4. A foreign special aircraft flight is a flight conducted by a foreign airline or other foreign organizations using a dedicated aircraft to carry heads of state, legislative bodies, or governments of countries or territories specified in point b clause 1 Article 45 of this Decree flying to, from, within Vietnamese airspace, or controlled airspaces managed by Vietnam and notified by the competent authority according to regulations.

Continuous security surveillance involves the use of individual or combined personnel, animals, technical equipment to manage and monitor in order to detect and prevent acts or signs of violation of aviation security.

Airport security control permit is a document confirming that a means of transport is permitted to enter and operate in restricted areas of the airport.

Internal security control permit is a document confirming that a means of transport is permitted to enter and operate in restricted areas of units or enterprises at the airport and places with aviation facilities, equipment.

Unclaimed baggage is baggage without owner information; located at the airport, with or without a baggage tag, not claimed or identified by any passenger or crew member.

A disruptive passenger is a passenger who does not comply with regulations on behavior at the airport or on board the aircraft, does not follow instructions from aviation security officers or airline staff or the crew, thereby affecting security, order, and discipline at the airport or on board the aircraft.

Aviation security escort involves assigning personnel from organizations or units meeting certain conditions to manage and guide one or more persons into and operate in restricted areas of the airport to prevent acts or signs of aviation security violations.

Public areas of the airport are areas where passengers traveling by aircraft, vehicles, pick-up and drop-off persons, senders and receivers of goods and mail can enter, operate, and be subject to aviation security surveillance or inspection but have not yet undergone aviation security screening. Specific identification of public areas will be determined by Vietnamese aviation security authorities and service providers through the risk management mechanism in the Civil Aviation Security Program.

Aviation security inspection involves the use of individual or combined measures to ensure aviation security in order to detect and prevent acts or signs of aviation security violations.

13. Aircraft security inspection is the examination inside the aircraft of areas that passengers have accessed and the cargo hold with the aim of detecting suspicious items, weapons, explosives, or other dangerous devices and articles.

14. Background check is the verification of an individual's identity and past history, including criminal records and any relevant security information to assess their suitability in accordance with the law.

15. Air transport security search is the detailed examination of each item and position of the person being searched to detect and prevent weapons, explosives, or other dangerous devices and articles to eliminate factors threatening air transport security. The air transport security search is decided by authorized personnel.

16. Aircraft security search is the comprehensive examination both inside and outside the aircraft with the aim of detecting suspicious items, weapons, explosives, or other dangerous devices, articles, or substances.

17. Vietnamese civil aviation security authority is the Immigration Management Department under the Ministry of Public Security.

18. Emergency plan for responding to unlawful interference in civil aviation activities is the deployment plan of forces, measures, and procedures for resolution, roles, and responsibilities of related parties in cases of unlawful interference at corresponding levels.

19. Civil aviation security screening is the use of equipment, technical devices, or other methods to detect weapons, explosives, or other dangerous articles that may be used to commit unlawful interference in civil aviation activities.

20. Airport security control card is a document confirming permission to enter and operate in restricted areas related to the airport.

21. Internal security control card is a document confirming permission to enter and operate in restricted areas of units, enterprises at the airport and places with air transport facilities, equipment.

22. Crew identification card is a document confirming and allowing members of an airline crew to enter restricted areas related to the airport to perform flights.

Chapter II

ENSURING AIR TRANSPORT SECURITY AND RESPONDING TO

UNLAWFUL INTERFERENCE

Section 1. ENSURING AIR TRANSPORT SECURITY

Article 5. Ensuring security and national defense in civil aviation activities

1. Agencies and units under the Ministry of Public Security and the Ministry of National Defense organize the implementation of preventive measures, early and distant countermeasures, combat to defeat activities infringing upon security and national defense in civil aviation activities, ensuring air transport security in accordance with the laws on national security, national defense, public security, anti-terrorism; combat and prevention of crime and other acts violating laws on social order and safety at airports, air industry facilities, and adjacent areas of airports.

2. Agencies, units, organizations, enterprises, and individuals within their scope of responsibility implement air transport security protection work in accordance with the law.

Article 6. Civil Aviation Security Program

1. The civil aviation security program is a system of measures to ensure civil aviation security; handling incidents of security breaches; responding to illegal interference; organizational structure of civil aviation security forces; facilities, equipment, devices, means, and supportive weapons for civil aviation security work; security risk management; quality control of civil aviation security; civil aviation security training and education; responsibilities of units, organizations, and individuals in civil aviation security work.

2. Airports operators, aircraft operators, airlines, air navigation service providers, organizations producing, maintaining, and repairing aircraft and aircraft equipment, organizations providing air services at airports, and organizations processing cargo and mail for loading onto aircraft shall be responsible for establishing their own civil aviation security programs, submitting them to the Vietnamese Civil Aviation Security Authority for approval, and implementing them after approval.

3. Foreign aircraft operators and airlines conducting commercial transportation to and from Vietnam shall establish additional security procedures for their operations in Vietnam, and submit them to the Vietnamese Civil Aviation Security Authority for acceptance.

Article 7. Principles for Establishing and Ensuring Security in Restricted Areas

1. Airports and places with aviation facilities and equipment must establish restricted areas. The establishment of restricted areas shall be led by the civil aviation security force, coordinating with relevant units based on risk assessment, infrastructure, and the nature of civil aviation activities. The restricted areas established include:

a) Passenger area after security screening of persons and baggage awaiting boarding (isolation area), and the area from the internal staff security checkpoint before entering the restricted area within the terminal building;

b) Aircraft parking area, runway, taxiway, and other areas within the airport;

c) Baggage sorting area after security screening for loading onto aircraft (baggage sorting area);

d) Transit passenger area for connecting flights (transit area);

e) Cargo and mail sorting area after security screening for loading onto aircraft (cargo and mail sorting, storage, and loading area) at the airport and extended air cargo warehouses;

f) Terminal serving special aircraft and special cabin flights;

g) Baggage claim area for passengers at the arrival terminal;

h) Aircraft maintenance, repair, and installation area;

i) Food production, processing, and supply area;

j) Aircraft fuel storage area;

k) Airport emergency center; National air emergency center;

l) Central area: Long-range control, Approach Control - On-field, Air Traffic Flow Management;

m) Air traffic control tower, air surveillance radar station, flight information service station;

n) Airport power and water supply station (outside the restricted terminal and airport area);

o) Area from checked baggage screening point inside the terminal building;

p) Area from cargo and mail screening point for air transport inside the terminal building and warehouse;

q) Area for installing central control equipment of terminal and airport technical systems, managing terminal and cargo warehouse doors, security camera monitoring room, location of broadcasting and television equipment of the airport, location of mainframe computer servers serving airport operations.

2. In cases where enhanced civil aviation security is required at airports or to protect the scene or to serve civil aviation activities, the airport civil aviation security force shall lead and coordinate with the airport operator to establish temporary restricted areas and immediately notify relevant agencies and units operating in those areas. The establishment of temporary restricted areas is specified in the Vietnamese Civil Aviation Security Program.

3. Airport operators, aircraft operators, airlines, air navigation service providers, organizations producing, maintaining, and repairing aircraft and aircraft equipment, organizations providing air services at airports, and organizations processing cargo and mail for loading onto aircraft shall lead and coordinate with the civil aviation security force to establish restricted areas under their management and operation, as specified in their civil aviation security programs.

4. Persons and vehicles entering, exiting, and operating in restricted areas must have security clearance cards or permits issued by authorized authorities, except in cases of passengers boarding aircraft or in emergencies involving airport security and safety.

5. Persons and vehicles entering, exiting, and operating in restricted areas must undergo continuous inspection, screening, and security supervision; they may also be subject to security searches when necessary, except in emergencies involving airport security and safety.

6. Restricted areas must be patrolled, guarded, and protected by the civil aviation security force, and appropriate security measures must be implemented.

7. For military areas adjacent to restricted areas at joint-use airports, military forces shall cooperate with the civil aviation security force to carry out patrol, guard, and protection duties.

8. For dedicated airports, the dedicated airport operator or aircraft operator shall organize patrol, guard, and protection duties for the airport.

Article 8. Ensuring security in public areas within airports

1. The air transport security control forces at airports shall establish checkpoints, organize patrols, monitor, and maintain order in public areas within airports; promptly detect and handle acts of violation according to the law, disorderly conduct, unclaimed luggage, or objects that indicate a threat to aviation security. The air transport security control unit shall primarily determine public areas within airports based on an assessment of aviation security risks; organize traffic flow in public areas within airports.

2. The air transport security control forces at airports shall be responsible for primarily coordinating with local police stations and airport operators to maintain social security and order in public areas within airports.

Article 9. Ensuring security in areas adjacent to airports and other civil aviation infrastructure

1. People's Committees at all levels where there are airports and other civil aviation infrastructure shall be responsible for managing their jurisdictions, promptly detecting and handling acts threatening aviation security and safety; developing and implementing preventive measures against illegal interference with airports and other civil aviation infrastructure, and attacks on aircraft during takeoff and landing phases.

2. Local police stations, special zone police, and police posts near airports and other civil aviation infrastructure shall primarily coordinate with air transport security control forces and protective forces of related agencies to patrol areas adjacent to airports and other civil aviation infrastructure to promptly detect and handle acts threatening aviation security and safety, and violations of laws on social order and safety.

Article 10. Aviation Security Screening

1. Aviation security screening must be conducted for persons, baggage, cargo, mail, articles, and means of transportation before entering restricted areas of airports and locations with aviation facilities, equipment, and installations, except in cases exempted from screening according to regulations.

2. Passengers, flight crews, screened baggage, cargo, mail, and articles must be protected from unauthorized interference from the screening point until boarding the aircraft through continuous security monitoring. If there is mixing or contact with unscreened individuals or objects, rescreening must be conducted before allowing boarding.

3. Transit passengers, cabin baggage, and flight crews must undergo screening before boarding the aircraft unless there is an agreement between Vietnamese aviation security authorities and the competent authority of the country or territory of departure. Transit passengers and cabin baggage must be subject to continuous security monitoring until boarding the aircraft.

Article 11. Aviation Security Inspection

1. Aviation security inspections shall be carried out for aircraft and persons, baggage, cargo, mail, articles, and means of transportation entering restricted areas of airports and locations with aviation facilities, equipment, and installations; boarding passes; entry and exit activities, and operations in restricted areas.

2. Aviation security inspections shall be conducted regularly in accordance with airport operations.

3. The results of aviation security inspections serve as the basis for implementing risk management in aviation security as stipulated in Article 22 of this Decree.

4. Air transport security control forces shall carry out aviation security inspections.

Article 12. Air Security Search

1. The air security control forces at airports shall conduct air security searches in the following cases:

a) Passengers, flight crew members, flight service personnel, other related persons, baggage, goods, mail, means of transport that show signs or have information threatening the security of the flight upon inspection, screening, or security monitoring;

b) Persons, baggage, items carried by spokespersons who threaten the security of the flight at the checkpoint or in restricted areas;

c) Unclaimed or unmanaged baggage or items discovered at airports and other restricted areas;

d) Aircraft when there is a threat to the security of the flight made by a person on board the aircraft.

2. Air security searches shall not be conducted for cases entitled to inviolable rights under the provisions of the law.

Article 13. Provisions on Air Security Searches

1. Authority to decide on air security searches:

a) The shift commander in charge of the target has the authority to decide on air security searches for the cases specified in points a, b, and c of Clause 1 of Article 12 of this Decree;

b) The head of the air security control unit at the airport has the authority to decide on air security searches for the case specified in point d of Clause 1 of Article 12 of this Decree.

2. Air security searches of aircraft must be notified to the civil aviation authority, the airport operator, and the aircraft operator. Personnel conducting air security checks and searches of aircraft must be trained according to the checklist for each type of aircraft. The relevant airline is responsible for assigning aircraft technicians to participate and advise during the air security search of the aircraft.

3. For searching people, it must ensure that male officers search males and female officers search females.

4. Air security searches must be documented in a search record.

Article 14. Ensuring Air Security for Aircraft

1. Before each flight, the aircraft operator must organize an aircraft security check.

2. When passengers leave the aircraft at any stopover point during the flight, the aircraft operator must recheck inside the aircraft to ensure all passengers have disembarked and that no baggage or items remain on the aircraft.

3. The air security control forces at the airport must organize supervision and ensure aircraft security through appropriate measures when the aircraft is parked at the airport. At airports without air security control forces, the aircraft operator is responsible for checking, supervising, and ensuring aircraft security, preventing unauthorized persons or items from boarding the aircraft.

4. Organizations producing, maintaining, and repairing aircraft and aircraft equipment must organize air security supervision and protect the aircraft throughout the repair and maintenance process at their facilities.

5. The air security control forces of Vietnamese airlines must organize oversight of compliance with air security regulations; assess the fulfillment of air security standards by related air service providers at the airports where the airline operates; organize security checks on passengers, baggage, and cargo using appropriate methods for the airline's aircraft operations outside the airport area.

6. During the flight, the aircraft commander is responsible for ensuring security, maintaining order and discipline on the flight; applying necessary measures to ensure flight security; coordinating with the air security officer assigned to the flight to implement appropriate security measures; handing over incidents, offenders, and evidence to competent state authorities when the aircraft lands at the airport.

7. Upon receiving information threatening the security of the aircraft or flight, the aircraft operator must promptly notify the emergency security command center at the relevant airport and take necessary measures to ensure flight safety.

8. Flight crew members are responsible for complying with the orders, commands, and management of the aircraft commander; implementing measures to ensure air security, maintaining order and discipline on the flight.

9. The Vietnamese Civil Aviation Security Authority decides to deploy air security officers in the following cases: international or domestic flights with security threats; flights arriving from or departing to regions with unstable security and order; at the request of the country where the aircraft arrives; upon the proposal of the Vietnamese Civil Aviation Safety Authority or the aircraft operator; flights transporting criminal suspects, defendants, prisoners, deported individuals, extradited individuals, individuals arrested under arrest warrants, or other dangerous individuals; for operational purposes to proactively prevent and stop illegal interventions during significant national political events.

10. Air security officers belong to the organizational structure of the Ministry of Public Security. Costs for deploying air security officers on flights are covered from the state budget or guaranteed by the aircraft operator when there is a risk of air security threats.

11. Air security officers are equipped and may use specialized weapons and support tools on board the aircraft; they are subject to the overall command of the aircraft commander.

Article 15. Ensuring aviation security for flight crews, passengers, and baggage

1. Flight crews, passengers departing, transiting, connecting, and baggage must be checked for flight crew identification cards and boarding passes, and must undergo aviation security screening and scanning before boarding the aircraft. After screening and scanning, they must be isolated and continuously monitored for aviation security until boarding the aircraft. In cases where persons or baggage that have undergone aviation security screening and scanning come into contact with or are mixed with persons or baggage that have not undergone such screening and scanning, or if checked baggage shows signs of unauthorized interference, they must be re-screened and scanned.

2. Passengers may not carry on their person or place in hand luggage or checked baggage dangerous items when traveling by air, except as permitted according to the list of dangerous items prohibited or restricted from being carried on persons and baggage.

3. Checked baggage loaded onto the aircraft but without accompanying passengers on the flight must be removed from the aircraft before departure unless it is determined to be checked baggage allowed to be transported without accompanying passengers as prescribed. Information data about checked baggage transported without accompanying passengers must be updated and retained by the aircraft operator in accordance with the specified time period.

4. Lost or misrouted baggage must be screened and scanned for aviation security before being placed in storage areas or returned to the aircraft.

5. Aviation security control forces at airports shall organize the implementation of aviation security measures provided for in Clauses 1, 2, and 4 of this Article.

6. The aircraft operator is responsible for organizing the implementation of flight crew, passenger, baggage, and onboard item security checks, and other aviation security measures for commercial air transport operations at dedicated airports.

Article 16. Ensuring aviation security for cargo and mail

1. Cargo and mail transported by air must be screened, scanned, and continuously monitored for aviation security before being loaded onto the aircraft; in cases where cargo or mail that has been scanned shows signs of unauthorized interference, they must be re-screened and scanned.

2. Enterprises involved in air cargo and mail transportation must implement appropriate security measures to prevent the illegal transportation of dangerous items.

3. Security screening and scanning of diplomatic pouches and consular pouches must comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a member and Vietnamese laws on diplomacy and consular affairs.

4. Dangerous goods transportation must comply with legal regulations and conditions for dangerous goods transportation by air as stipulated by ICAO.

5. Aviation security control forces under the Ministry of Public Security shall organize the implementation of aviation security measures provided for in Clause 1 and 3 of this Article.

6. Transit and transfer cargo and mail must be subject to appropriate aviation security measures before being loaded onto commercial air transport aircraft and detailed provisions are set forth in the Civil Aviation Security Program of Vietnam.

Article 17. Security Assurance for In-flight Meals, Spare Items, On-board Service Items, Aircraft Fuel, and Other Items Loaded onto Aircraft

1. Enterprises providing in-flight meals, spare items, on-board service items, aircraft fuel shall be responsible for organizing and implementing security measures for in-flight meals, aircraft fuel, spare items, and on-board service items at their facilities.

2. In-flight meals, spare items, on-board service items, aircraft fuel, and other items shall undergo aviation security checks when entering restricted areas and being loaded onto aircraft; they shall continuously be subject to aviation security inspections and supervision by aviation security control forces at airports.

Article 18. Transporting and Carrying Weapons and Support Tools onto Aircraft

1. For international flights, carrying weapons in the passenger cabin of the aircraft must be approved by the competent authority of the country of departure, the destination country, and the transit country (if applicable). The airline must inform the person carrying weapons about aviation safety regulations and the regulations of the country of departure, the destination country, and the transit country (if applicable) regarding carrying weapons in the passenger cabin of the aircraft.

2. For domestic flights, carrying weapons in the passenger cabin shall be carried out in accordance with relevant laws. Persons carrying weapons and support tools must complete declaration procedures with aviation security control forces before boarding the flight.

3. Persons permitted to carry weapons and support tools into the passenger cabin, persons consigning the transport of weapons and support tools, must present valid permits for using weapons and support tools issued by units, organizations, enterprises by competent state authorities.

4. The aircraft commander must be informed of the name, seat location, type of weapon, and support tool of the person authorized to carry weapons and support tools on the flight; persons carrying weapons and support tools on the same flight must be informed of each other's seating positions. Persons carrying weapons and support tools onto the aircraft may not consume alcoholic beverages or stimulants throughout the flight; they are responsible for maintaining weapons and support tools in a safe condition.

5. Cases where weapons and support tools cannot be carried in the passenger cabin must follow procedures for consignment transport; during acceptance for carriage, the aircraft operator must ensure that weapons and support tools are in a safe condition and stored in locations inaccessible to passengers throughout the flight, in compliance with relevant legal provisions.

Article 19. Transporting Potential Threats to Aviation Security

1. Potential threats to aviation security include:

a) Individuals who have lost the ability to recognize or control their behavior;

b) Individuals refused entry or deported but not voluntarily returning to their home country;

c) Suspects, defendants, convicts, extradited individuals, and those arrested under arrest warrants.

2. The aircraft commander and the aircraft operator must be notified prior to the flight about passengers falling into the categories mentioned above. Passengers specified in Clause 1 of this Article may not be provided with alcoholic beverages throughout the flight; the flight crew must continuously monitor throughout the flight and apply additional necessary measures.

3. Acceptance of transportation of potential threats to aviation security specified in Point b Clause 1 of this Article shall be conducted by the aircraft commander or the aircraft operator based on aviation security risk management. Airlines may request the presence of air security officers to escort these individuals on the flight.

4. Individuals specified in Point c Clause 1 of this Article must be escorted by personnel from competent state authorities when transported; the number of passengers specified in Clause 1 of this Article that can be transported on the same flight is determined by the Minister of Public Security.

5. Passengers specified in Clause 1 of this Article shall not be transported on flights with security escorts.

Article 20. Refusal to Transport Passengers for Security Reasons

The carrier has the right to refuse transportation of the following passengers for security reasons:

1. Cases involving passengers as specified in point a, Clause 1, Article 19 of this Decree.

2. Cases where the requirements set out in Clause 4, Article 19 of this Decree are not met.

3. Cases where passengers are refused entry but do not voluntarily return to their country of origin, which was not transported into Vietnam by the airline.

4. At the request of competent authorities of Vietnam or foreign countries.

Article 21. Prohibition on Air Transportation

1. A prohibition on transportation for a period of three months to twelve months shall apply to the following individuals:

a) Passengers causing disturbances;

b) Making statements with a threat to use bombs, mines, explosives, explosive materials, radioactive substances, biological or chemical weapons in areas for check-in procedures, quarantine zones, airports, or on aircraft;

c) Intentionally spreading false information about the presence of bombs, mines, explosive materials, explosives, radioactive substances, biological or chemical weapons, affecting the normal operation of civil aviation activities;

d) Using fake documents to board aircraft;

đ) Engaging in acts violating laws on public order and social security at airports or on aircraft.

2. A prohibition on transportation for a period exceeding twelve months up to twenty-four months shall apply to the following cases:

a) Individuals who have been punished but continue to violate any of the acts stipulated in Clause 1 of this Article;

b) Persons engaging in illegal interference with civil aviation operations as provided in points g and h, Clause 1, Article 94 of the Civil Aviation Law No. 130/2025/QH15.

3. A prohibition on transportation until completion of the administrative penalty decision against persons failing to comply with administrative penalty decisions in the field of civil aviation.

4. A permanent prohibition on transportation shall apply to the following cases:

a) Individuals who have been punished but continue to violate any of the cases mentioned in Clause 2 of this Article;

b) Persons engaging in illegal interference with civil aviation operations as provided in points a, b, c, d, đ and e, Clause 1, Article 94 of the Civil Aviation Law No. 130/2025/QH15;

c) Persons committing acts of theft or causing riots at airports and air navigation service facilities.

5. Based on the nature and severity of the violation, the Immigration Management Department shall decide on a temporary or permanent prohibition on transportation for the individuals specified in Clauses 1, 2, 3, and 4 of this Article. The prohibition on transportation applies to domestic flights and international flights departing from Vietnam operated by all Vietnamese and foreign airlines.

Article 22. Air Security Risk Management

1. Air security risk is the probability of successfully completing an act of unlawful interference with civil aviation operations targeting specific objectives, based on an assessment of threats, consequences, and vulnerabilities or limitations. Air security risk management encompasses comprehensive measures within the aviation system aimed at minimizing risks to the lowest possible level, including: risk assessment, implementation of preventive security measures, and adjustment of measures already applied.

2. The development and application of regulations, solutions, procedures, processes, standards, and programs related to air security, emergency plans, or plans and strategies for ensuring air security, responding to acts of unlawful interference with civil aviation operations, and quality control activities in air security must be based on air security risks; prioritizing harmonization with international standards while avoiding unnecessary technical barriers to aviation commercial and business activities.

3. The Ministry of Public Security shall lead, with the cooperation of the Ministry of Construction, the Ministry of National Defense, the Ministry of Foreign Affairs, the Ministry of Finance, and other relevant ministries and sectors, in collecting, analyzing, and evaluating information on acts of unlawful interference with civil aviation operations, methods, and tactics threatening air security. Results of air security risk assessments shall be reported through the regular meeting mechanism of the National Committee for Air Security and Facilitation.

4. Agencies, units, and enterprises prescribed by law to be responsible for ensuring air security must implement air security risk management within their scope of responsibility in accordance with the law and guidance from the Vietnamese Civil Aviation Authority.

Article 23. Enhanced Air Security Measures

1. Enhanced air security measures (hereinafter referred to as enhanced air security control) involve applying higher-than-normal aviation security measures through increased on-duty personnel, standby forces, equipment, facilities, technical devices, and broadcasting for random visual inspections, checks, screening, security surveillance, warnings, monitoring of persons, passengers, vehicles, luggage, goods, mail, objects, and restricting access to restricted areas of airports to prevent acts of aviation security violations and illegal interventions when there is an increase in threats.

2. Enhanced air security control includes three levels from low to high: Level 1, Level 2, and Level 3, which are applied correspondingly to the cases stipulated in Clauses 3, 4, and 5 of this Article. The contents of each Level 1, Level 2, and Level 3 are detailed in the Civil Aviation Security Program of Vietnam.

3. Level 1 shall be applied in the following cases:

a) There are significant national political or social events;

b) There are complex political security and social order situations.

4. Level 2 shall be applied in the following case:

a) There is intelligence information about a plot to illegally intervene in civil aviation activities but the location, target, and specific time have not been determined;

b) There are serious political security and social order situations in localities.

5. Level 3 shall be applied in the following cases:

a) There is verified information about a plot to illegally intervene in civil aviation activities with specific locations, targets, and times;

b) There are particularly serious political security and social order situations in localities.

6. The Director of the Immigration Management Department decides to apply or revoke enhanced air security levels based on risk assessment and consultation with Vietnamese aviation authorities within 24 hours from the issuance of the decision.

Article 24. Control of Aviation Security Documents

1. Aviation security documents are restricted documents that must be properly controlled and protected, and only disseminated to relevant organizations and individuals.

2. Vietnamese aviation security authorities guide the list, principles of management, and use of restricted aviation security documents.

Article 25. Internal Security Control for Aviation Personnel

1. Enterprises managing and using aviation personnel must issue internal security control regulations, including verification and background check measures for aviation personnel before hiring; the content of the evaluation of the personal background of aviation personnel is carried out according to the provisions of the Civil Aviation Security Program of Vietnam.

2. The Ministry of Public Security leads, and the Ministry of Construction cooperates in directing, guiding, and inspecting the internal security control work of enterprises managing and using aviation personnel.

3. The Ministry of Public Security is responsible for checking the background of foreign aviation personnel.

Article 26. Protection of Specialized Aviation Information Systems

1. Agencies and units managing specialized aviation information systems must implement protective measures against unauthorized access, intervention, and misuse that cause security risks to civil aviation operations and theft of information.

2. Specialized aviation information systems that must be protected include:

a) Information systems serving flight operation support;

b) Departure control systems;

c) Booking and passenger check-in systems;

d) Baggage matching systems with passengers; security screening systems; pre-flight passenger information systems; surveillance camera systems and intrusion warning systems;

e) Command and control systems, specialized telegrams;

f) Aviation database systems and other information technology systems if unauthorized intervention would pose safety risks to aviation operations.

3. Airlines are responsible for protecting passenger personal information and implementing the provisions of Article 57 of this Decree.

Article 27. Popularizing and educating about aviation security laws

1. Annually, the Vietnamese Civil Aviation Security Authority shall take the lead and coordinate with relevant agencies and organizations to develop and implement plans for popularizing and educating about aviation security laws.

2. Agencies and units within the aviation industry have the responsibility to popularize and educate about aviation security laws to their staff to enhance awareness of compliance with aviation security regulations; organize publicity through mass media on regulations ensuring aviation security.

3. Local authorities where airports are located have the responsibility to popularize and educate about aviation security laws to nearby residents to enhance awareness of compliance with aviation security regulations.

4. Airlines have the responsibility to regularly organize the dissemination of aviation security regulations to passengers boarding aircraft.

Section 2. DEALING WITH ILLEGAL INTERFERENCE

Article 28. Objectives, requirements, and principles for dealing with illegal interference

1. Actively prevent and effectively deal with illegal interference to minimize consequences and harm; prioritize ensuring human safety; prioritize ensuring the safety of hostages and only use necessary armed measures when there are no other solutions available.

2. Prioritize air traffic control and other necessary assistance for aircraft being illegally interfered with while in flight.

3. Maintain maximum operational capacity at the location where illegal interference occurs.

4. Comply with Vietnamese law and be consistent with international civil aviation conventions and related treaties to which the Socialist Republic of Vietnam is a member.

5. Implement the principle of "four at the spot," including: On-site response plan; on-site forces; on-site equipment; on-site logistics support.

Article 29. Emergency response plan for dealing with illegal interference in civil aviation activities

1. The direct response to illegal interference in civil aviation activities shall be carried out according to the provisions of this Decree.

2. Counter-terrorism steering committees at localities where airports are located and civil aviation facilities and equipment shall develop emergency response plans based on the template attached as Appendix I to this Decree; carry out command and response tasks against illegal interference in civil aviation activities as prescribed.

3. Air security control units at airports, airlines, and service providers managing aviation operations shall develop emergency response plans against illegal interference based on the template attached as Appendix II to this Decree.

4. The Ministry of Public Security shall take the lead and coordinate with relevant ministries, agencies, and units to issue guidelines on developing and implementing emergency response plans and specific countermeasures against illegal interference in civil aviation activities.

Article 30. Classification of illegal interference behaviors

1. Level 1 behavior group:

a) Violent intrusion at airports or outside airports targeting civil aviation facilities and equipment;

b) Bringing dangerous items onto aircraft or into restricted areas with criminal intent;

c) Providing false information that threatens the safety of aircraft in flight or on the ground; the safety of passengers, crew, ground staff, or persons at airports and locations with civil aviation facilities and equipment;

d) Intentionally committing acts violating the law that threaten the safe operation of aircraft or airport operations or ensure flight activities.

2. Level 2 behavior group:

a) Illegally seizing aircraft;

b) Destroying aircraft in operation;

c) Taking hostages on board aircraft or at airports;

d) Using aircraft as weapons with the purpose of causing death or serious injury to people or causing serious damage to property or the environment.

3. In cases of level 1 illegal interference behavior but with complex developments seriously threatening civil aviation security and operations, the lives and property of organizations and citizens, or national security, report to the competent authority to decide on applying urgent countermeasures as level 2 behaviors, specifically:

a) For airports where the Vietnamese Civil Aviation Security Authority leads aviation security assurance work, the Airport Security Emergency Command reports and proposes the National Airport Security Emergency Command to make decisions;

b) For airports where provincial public security organs lead aviation security assurance work, the Airport Security Emergency Command reports and proposes the Provincial Airport Security Emergency Command to make decisions.

4. Other illegal interference behaviors shall be determined and assessed for appropriate levels of response by the National Committee for Aviation Security and Facilitation.

Article 31. Emergency Security Command

1. The Emergency Security Command is an organization established to assess the risk of illegal interference with civil aviation activities, with the duty to command, manage, and coordinate related forces when dealing with such illegal interference.

2. Levels of the Emergency Security Command include:

a) National-level Emergency Security Command is the National Civil Aviation Security Commission;

b) Provincial-level Emergency Security Command is the Provincial Counter-Terrorism Steering Committee;

c) Airport-level Emergency Security Command is the Airport Security Commission, comprising representatives from state management agencies, armed forces, and enterprises operating regularly at the airport. The functions and responsibilities of the Airport Security Commission are stipulated in the Civil Aviation Security Program of Vietnam.

Article 32. Directing and Commanding Responses to Level 1 Illegal Interference

1. Deployment of Response:

a) For level 1 illegal interference occurring within the airport premises, the Airport-level Emergency Security Command is responsible for commanding the response;

b) For level 1 illegal interference occurring at facilities outside the airport that ensure flight operations, Vietnam Air Traffic Management Corporation is responsible for responding and immediately reporting to the Provincial-level Emergency Security Command for direction on response measures;

c) For level 1 illegal interference occurring on an aircraft in flight, the aircraft commander and Vietnam Air Traffic Management Corporation are responsible for responding; Vietnam Air Traffic Management Corporation immediately reports to the Airport-level Emergency Security Command for direction on response measures;

d) For level 1 illegal interference occurring in other areas with civil aviation infrastructure, the enterprise managing such infrastructure is responsible for responding and immediately reporting to the Provincial-level Emergency Security Command for direction on response measures.

2. Based on the actual situation assessment, for illegal interference not reaching a serious level and within the capability of aviation security control forces, the head of the direct response unit decides appropriate handling measures according to the law; if beyond authority or capability, immediately report to the higher-level Emergency Security Command for direction.

Article 33. Directing and Commanding Responses to Level 2 Illegal Interference

1. Deployment of Response:

a) For level 2 illegal interference occurring at airports, the Airport-level Emergency Security Command deploys responses; immediately reports to higher-level Emergency Security Commands as prescribed in Clause 3 of Article 30 of this Decree;

b) For level 2 illegal interference occurring on an aircraft in flight, the aircraft commander and Vietnam Air Traffic Management Corporation initially deploy responses; Vietnam Air Traffic Management Corporation immediately reports to the National-level Emergency Security Command for direction on response measures and notifies relevant agencies and units to cooperate in implementation. In cases where there is an air security officer on board the aircraft being illegally interfered with, the air security officer implements countermeasures according to regulations issued by the Minister of Public Security;

c) For level 2 illegal interference occurring at facilities outside the airport that ensure flight operations, Vietnam Air Traffic Management Corporation deploys responses, immediately reporting to the Provincial-level Emergency Security Command for direction on response measures;

2. If beyond authority or capability, the Provincial-level Emergency Security Command immediately reports and proposes the National-level Emergency Security Command to directly direct emergency response efforts.

3. Based on the actual situation, the National-level Emergency Security Command directs urgent responses, mobilizes additional forces, and supports response efforts.

4. Directly Commanding Urgent Responses at the Scene

Based on the actual situation, the Emergency Security Command at each level leads the implementation of response plans, uniformly assigns command for specific tasks; the decision of the Head of the Emergency Security Command leading the implementation of the response plan is the final decision when directing responses.

Article 34. Measures against cyber attacks on civil aviation specialized information systems

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Science and Technology, the Ministry of National Defense, and the Ministry of Construction to direct preventive, detection, and handling activities related to cyber attacks and actions associated with such attacks on civil aviation specialized information systems; guide agencies and units in the aviation industry in measures to counteract cyber attacks and related actions on civil aviation specialized information systems.

2. Agencies and units in the aviation industry shall be responsible for developing plans to protect, prevent, and respond to cyber attacks and interventions into their own civil aviation specialized information systems; ensure alternative plans to maintain continuous operational activities.

Article 35. International Cooperation in Dealing with Illegal Interference

1. International cooperation in dealing with illegal interference in civil aviation activities shall be based on the following principles:

a) Compliance with Vietnamese laws and international treaties to which Vietnam is a party; consistent with foreign policy and diplomatic guidelines of the Socialist Republic of Vietnam; commune socialist Republic of Vietnam;

b) Respect for the independence, sovereignty, and territorial integrity of relevant countries; non-interference in each other's internal affairs; harmonious, proactive, positive, transparent cooperation for mutual benefit;

c) Any illegal interference in civil aviation activities within the scope of Vietnam’s responsibility, involving citizens or assets of foreign countries, shall be promptly reported to the relevant country (through diplomatic channels or through ICAO);

2. The Ministry of Public Security shall be the leading agency coordinating with relevant ministries and sectors to implement international cooperation in dealing with illegal interference in civil aviation activities; the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Construction, the Ministry of Science and Technology, and other relevant ministries and sectors shall cooperate with the Ministry of Public Security in international cooperation to deal with illegal interference in civil aviation activities according to their respective functions and tasks;

3. Contents of international cooperation include:

a) Exchange of information on illegal interference in civil aviation activities;

b) Training and drills;

c) Enhancing legal capacity; training and instructing knowledge and skills in dealing with illegal interference in civil aviation activities;

d) Strengthening material conditions for dealing with illegal interference in civil aviation activities;

e) Responding to illegal interference in civil aviation activities;

f) Implementing other contents of international cooperation as prescribed by Vietnamese laws and international treaties to which Vietnam is a party;

g) Scientific research cooperation, advanced technology transfer, digital technology, and modern equipment serving aviation security work;

Article 36. Bases and Equipment for Command, Control, and Implementation of Measures Against Illegal Interference

1. National Aviation Emergency Security Center:

a) The National Aviation Emergency Security Center serves as the main headquarters for the National Emergency Command Board to direct and control responses to level 2 illegal interference, located at the Command and Control Center of the Civil Aviation Security Authority of Vietnam;

b) The National Aviation Emergency Security Center must be invested in and constructed to facilitate operations of various departments according to their specific functions and to facilitate command, control, and living arrangements of the Emergency Command Board; ensuring smooth communication systems as prescribed;

c) At the National Aviation Emergency Security Center, there must be necessary means, equipment, and devices to serve command and control activities;

2. Provincial and Central City Aviation Emergency Security Centers:

a) Provincial and Central City Aviation Emergency Security Centers are located at the provincial or central city police departments;

b) Provincial and Central City Aviation Emergency Security Centers must be invested in and constructed to facilitate operations of various departments according to their specific functions and to facilitate command and control activities of the Command Board; ensuring smooth communication systems as prescribed;

c) At Provincial and Central City Aviation Emergency Security Centers, there must be necessary means, equipment, and devices to serve command and control activities;

3. Airport Emergency Security Centers:

a) The Airport Emergency Security Command Board shall survey, assess, and decide on the location of the Airport Emergency Security Center based on risk assessment to serve command and control activities in response to illegal interference and to direct implementation of emergency airport plans;

b) The Airport Emergency Security Center must meet the following requirements: having a smooth communication system; being located in a position that facilitates command and control activities; ensuring safe distances or appropriate isolation measures according to the actual infrastructure of the airport;

c) In cases where illegal interference prevents the use of the Airport Emergency Security Center, command activities shall be transferred to the Provincial or Central City Emergency Security Center;

4. On-Site Mobile Command Posts:

a) In necessary situations, the Head of the Provincial or Central City Counter-Terrorism Steering Committee or the Head of the National Emergency Security Command Board may establish an on-site mobile command post;

b) The on-site mobile command post must be equipped with minimum necessary means, equipment, and communication systems to serve on-site command activities;

c) Each airport must have an emergency vehicle equipped with necessary means, equipment, and communication systems to establish an on-site mobile command post.

5. The Ministry of Public Security shall take the lead in implementing investment, construction, technical infrastructure equipping, management, and operation as provided for in Clauses 1, 2, 3, and 4 of this Article.

6. Areas for deployment to counteract incidents at airports:

a) Airport operators must arrange separate parking areas and aprons for aircraft to facilitate the deployment of counteraction forces, ensure safety for other normal activities, and facilitate control and movement;

b) Parking areas include: passenger and baggage parking areas when being unloaded from aircraft; parking areas for counteraction forces; victim parking areas for initial and emergency care; areas for storing and handling explosives, chemical, biological, and radioactive materials;

c) Each airport must establish a separate parking area for aircraft subject to illegal intervention to be prioritized for use if possible, meeting the requirements of maintaining a safe distance from terminals and workshops, and having minimal impact on the normal operations of the airport; facilitating observation and deployment of counteraction forces.

Article 37. Drills for Counteracting Illegal Intervention

1. National-level drills

a) The National Committee for Civil Aviation Security and Facilitation shall direct the organization of national-level drills to counteract illegal intervention, with the participation of relevant inter-ministerial forces;

b) Vietnamese civil aviation security authorities shall advise and assist the National Committee for Civil Aviation Security and Facilitation in organizing national-level drills to counteract illegal intervention;

c) National-level drills shall be organized for scenarios of level 2, at least once every four years.

2. Provincial-level drills

a) Provincial Emergency Command Committees shall organize provincial-level drills to counteract illegal intervention, with the participation of relevant inter-ministerial forces;

b) Provincial public security agencies tasked with ensuring civil aviation security shall advise and assist the Provincial Emergency Command Committees in organizing drills;

c) Provincial-level drills shall be organized for scenarios of level 2, at least once every three years.

3. Facility-level drills

a) Airports' air security control units; Vietnamese airlines; service providers managing flight operations; non-radar service providers shall organize facility-level drills with the participation of relevant forces;

b) Facility-level drills shall be organized for scenarios of level 1 or part of a level 2 scenario, at least once every two years.

Chapter III

AIR SECURITY CONTROL FORCES

Article 38. Position, Functions, and Organization of Air Security Control Forces

1. Air security control forces consist of:

a) Officers and soldiers directly performing air security control tasks and advising on state management under the Ministry of Public Security;

b) Air security controllers employed by organizations providing air navigation services; producing, maintaining, and repairing aircraft and aircraft equipment; supplying aircraft fuel; providing airline catering services; Vietnamese airlines; and common-use air transport businesses.

2. The Ministry of Public Security shall organize air security control forces to implement measures to ensure air security and provide air security services at airports and facilities for loading goods and mail onto aircraft.

3. Organizations providing air navigation services shall organize air security control forces to ensure air security at air navigation service facilities located outside restricted areas of airports.

4. Organizations producing, maintaining, and repairing aircraft and aircraft equipment shall organize air security control forces to ensure air security at production, maintenance, and repair facilities for aircraft and aircraft equipment.

5. Organizations supplying aircraft fuel and airline catering services shall organize air security control forces to ensure air security at fuel supply facilities and airline catering preparation facilities.

6. Vietnamese airlines and common-use air transport businesses shall organize air security control forces to implement measures to ensure air security on aircraft and during aircraft operations outside airport areas.

Article 39. Requirements for the organization and force of aviation security control

1. For the aviation security control force specified in point a, Clause 1, Article 38 of this Decree

The Minister of Public Security shall stipulate the organizational system of the aviation security control force in accordance with the provisions of the law to ensure efficiency, compactness, effectiveness, regularity, excellence, and modernity; equipped with weapons, support tools, and appropriate means and equipment to suppress unmanned aircraft within the management area in accordance with the provisions of the law.

2. For the aviation security control force specified in point b, Clause 1, Article 38 of this Decree

a) To have an independent security organizational system;

b) The heads of units within the security assurance system shall not hold concurrent positions and shall be approved along with the airline security program of the enterprise;

c) Aviation security controllers must be trained, instructed, licensed, and certified in accordance with the regulations of the Minister of Public Security.

Article 40. Duties and powers of the aviation security control force

1. Duties and powers of the aviation security control force specified in point a, Clause 1, Article 38 of this Decree

a) To advise competent authorities on issuing legal normative documents on aviation security; to perform aviation security control tasks within their authority; to manage state affairs regarding aviation security;

b) To build and submit to the Vietnamese Civil Aviation Authority for approval and implementation of the aviation security program at airports and facilities handling cargo and mail to be loaded onto aircraft;

c) To develop and implement initial response plans against unlawful interference with civil aviation operations at airports and cargo/mail handling facilities; to attack and suppress unmanned aircraft that violate the managed area;

d) To request the Director of the Immigration Management Department to suspend flights to prevent threats to flight security;

đ) When performing tasks within their authority, they may apply security measures to prevent and stop individuals threatening aviation security, safety, obstructing, or intentionally opposing; to seize weapons, explosives, flammable materials, and other dangerous items brought illegally into restricted areas;

e) To handle violations of aviation security; if beyond their authority, to transfer cases to competent state agencies for handling according to the law; to require airlines to refuse transportation of passengers for security reasons as prescribed;

g) To coordinate with relevant agencies and units to detect, defuse, and handle bombs, mines, biological, chemical, and radioactive weapons; to prevent diseases at airports and on aircraft; to handle luggage, cargo, mail, and other objects containing dangerous items;

h) Personnel engaged in aviation security control work shall be trained, instructed, licensed, and certified in accordance with the aviation security training regulations of the Minister of Public Security.

2. Duties and powers of the aviation security control force specified in point b, Clause 1, Article 38 of this Decree

a) To assist aircraft operators, airlines, air navigation service providers, production, maintenance, repair organizations, and air service providers at airports in building and submitting to the Vietnamese Civil Aviation Authority for approval and implementation of the enterprise's aviation security program within their management scope;

b) To participate in initial responses to unlawful interference with civil aviation operations; to protect the scene when security-threatening incidents occur in the managed area;

c) To coordinate with competent agencies and units to implement security and order measures in the managed area;

d) To record incidents involving individuals threatening aviation security and transfer them to competent state agencies for legal handling;

đ) To wear uniforms and insignias defined in the enterprise's aviation security program; to be equipped with devices, means, and support tools to perform tasks in accordance with the law.

Chapter IV

ENSURING FLIGHT SECURITY FOR CHARTER AIRCRAFT AND CHARTER CABINS

Article 41. Cards and permits for security control at airports issued to persons and means serving special aircraft and special cargo compartments

1. The issuance, management, and use of cards and permits for security control at airports for persons and means serving special aircraft and special cargo compartments shall be carried out in accordance with the regulations of the Minister of Public Security.

2. The head of the unit participating in serving special aircraft and special cargo compartments shall prepare a list of personnel regularly serving such flights and request the competent authority to issue long-term air security control cards, specifying the regular duties of the personnel applying for the cards to serve special aircraft and special cargo compartments.

3. The head of the unit managing means regularly participating in serving special aircraft and special cargo compartments shall prepare a list of means and request the competent authority to issue long-term air security control permits, specifying the functions of the means in serving special aircraft and special cargo compartments.

4. The head of the unit participating in serving special aircraft and special cargo compartments shall prepare a list of personnel and means and request the competent authority to issue short-term air security control cards and permits in accordance with the regulations.

5. The location for issuing short-term cards and permits must be outside the areas serving special aircraft and special cargo compartments.

6. Officers and soldiers of the Air Defense Command of the Ministry of Public Security when performing tasks to serve and ensure security for special aircraft and special cargo compartments may use cards or pins issued by the Air Defense Command of the Ministry of Public Security to operate in restricted areas and must notify the model of the card or pin to the Immigration Management Department for implementation by relevant units.

7. When international events are organized in Vietnam involving special aircraft, the subjects and means directly participating in serving at the airport are permitted to use cards issued by the Air Defense Command of the Ministry of Public Security to operate in restricted areas and must notify the model of the card and the list of card issuers to the Immigration Management Department for implementation by relevant units.

Article 42. Ensuring security for fuel and refueling operations for special aircraft and special cargo compartments of Vietnam

1. Vietnamese airlines conducting special aircraft and special cargo compartment flights shall inspect and supervise the quality assurance and safety of fuel and the refueling process for special aircraft and special cargo compartments of Vietnam, subject to inspection and supervision by the aviation security force at the airport.

2. Units providing fuel services for special aircraft and special cargo compartments in Vietnam must ensure that fuel trucks refueling special aircraft and special cargo compartments of Vietnam are checked and guaranteed to be in good technical condition; they must be approved in the list of means serving special aircraft flights of Vietnam by the heads of the units using the means.

3. Fuel before being loaded onto special aircraft and special cargo compartments of Vietnam must have confirmations regarding quality meeting the prescribed requirements. Confirmations about fuel quality must be signed and confirmed by the head or authorized person of the fuel supply unit and the person responsible for the testing laboratory, and must still be valid.

4. Remaining fuel on the aircraft before refueling must be inspected for quality according to aircraft maintenance guidelines; fuel not meeting the requirements must be removed from the aircraft, and the fuel tanks of the aircraft must be processed according to regulations before new fuel is loaded to ensure that the fuel loaded does not affect or change its quality according to standards.

5. Security checks of refueling equipment, drivers, and other personnel accompanying the refueling vehicle (if any) of the unit refueling special aircraft and special cargo compartments of Vietnam before entering the operational area in Vietnam:

a) After receiving fuel at the warehouse, the refueling truck must be sealed at the discharge and intake ports. In cases where the refueling truck transporting fuel for special aircraft and special cargo compartments of Vietnam passes through non-restricted areas, one additional vehicle must be arranged to follow and perform protective duties, accompanied by an aviation security officer from the refueling unit; the refueling truck must be equipped with cameras and tracking devices.

b) The aviation security force at the airport is responsible for checking all personnel and refueling equipment accompanying the vehicle, ensuring that the seals on the discharge and intake ports of the refueling equipment remain intact before entering restricted areas.

c) The refueling unit must strictly follow the procedures for inspecting the refueling truck and the procedures for controlling fuel quality before commencing the refueling operation.

6. Security and safety inspections and supervision before and during the refueling of special aircraft and special cargo compartments of Vietnam:

a) Refueling of special aircraft and special cargo compartments in Vietnam shall be conducted under direct supervision by a monitoring team consisting of representatives from the Port Authority, the technical preparation team of the special aircraft and special cargo compartments of Vietnam, the Vietnamese airline operating the special aircraft and special cargo compartments, the airport operator, the aviation security force at the airport, and the refueling unit for special aircraft and special cargo compartments of Vietnam; a record of the proceedings shall be made by a representative of the aviation security control unit.

b) Refueling of aircraft abroad shall be conducted under direct supervision by a monitoring team consisting of representatives from the technical preparation team of the special aircraft, and dedicated security personnel from the Vietnamese airline accompanying the special aircraft flight (if applicable).

c) The monitoring team shall be responsible for: checking the legality of the fuel quality confirmations; inspecting the sealing of the fuel discharge and loading ports of the refueling vehicle; supervising the entire process of aircraft refueling; overseeing the sampling and sealing of samples after refueling; supervising the visual inspection of fuel for aircraft before and during the refueling process according to the aircraft refueling procedure when refueling is carried out in Vietnam.

7. Sampling, storing fuel samples, and fuel quality test certificates in Vietnam:

a) Prior to refueling, the air carrier conducting the charter flight must take a minimum sample volume of 01 liter of remaining fuel on the aircraft and fuel contained in the refueling vehicle, seal and store the fuel sample; the equipment used for storing samples must meet the current standards of Vietnam or international standards for aircraft fuel;

b) Each sample must clearly indicate: container type, flight number, aircraft registration number being refueled, refueling vehicle license plate, sampling time, sampler's name, sampling date, sealer's name and signature, and have a sampling record signed by the sampler and the supervisor;

c) Confirmations of fuel quality, fuel samples for charter aircraft must be kept by the fuel supplier and airport operator where refueling takes place until the charter aircraft of Vietnam safely lands at its destination airport.

8. For foreign charter flights, the security assurance of fuel for charter aircraft shall be implemented in accordance with the provisions of this Article or as required by the country of the charter flight.

Article 43. Security Assurance for Meals Served on Charter Flights

1. Vietnamese airlines and catering service providers shall be responsible for ensuring the security of meals served on charter flights departing from Vietnam; sealing and retaining meal samples served on charter flights for at least 24 hours from the time they are loaded onto the aircraft.

2. Airport security forces shall cooperate with the airline conducting the charter flight to visually inspect meals served on charter flights departing from Vietnam before placing them in serving containers, securing the serving containers; arranging personnel to escort meals from the preparation site to the aircraft.

3. The General Staff of Guard Service under the Ministry of Public Security shall be responsible for coordinating with Vietnamese airlines conducting charter flights to conduct testing of food and beverages served to protected individuals, and beverages served to protected individuals when traveling abroad or within the country.

4. The flight crew may only accept sealed security serving containers for charter flight passengers onto the aircraft.

Article 44. Ensuring security and order, aviation security in public areas of airports during special charter flights

1. The Immigration Administration shall direct the aviation security control forces at airports to take the lead and coordinate with relevant units to establish checkpoints at entry and exit points and public areas of the airport.

2. The aviation security control unit shall deploy officers and soldiers to perform aviation security control tasks, appropriate equipment and support tools together with related forces to organize patrols, controls, and maintain order in the public areas of the airport throughout the preparation and service for special charter flights; promptly detect, prevent, and handle actions that cause insecurity for special charter flights.

Article 45. Exemption from Aviation Security Checks

1. Subjects exempted from aviation security checks include:

a) The General Secretary of the Central Committee of the Communist Party of Vietnam, the President of the Socialist Republic of Vietnam, the Chairman of the National Assembly of the Socialist Republic of Vietnam, the Prime Minister of the Socialist Republic of Vietnam, the Standing Deputy Secretary of the Central Committee of the Communist Party of Vietnam;

b) Heads of state, legislative bodies, governments of countries and territories conducting state visits, official visits, working visits, personal visits to Vietnam; persons performing escort, advance mission, diplomatic or other tasks related to special charter flights of heads of state, legislative bodies, and governments of countries and territories upon the request of the Ministry of Foreign Affairs.

2. Contents of exemption from aviation security checks

a) Persons, baggage, and goods of cases specified in point a, Clause 1 of this Article are not required to comply with the provisions of Articles 15 and 16 of this Decree;

b) Based on the request of the Ministry of Foreign Affairs, cases specified in point b, Clause 1 of this Article may be partially or fully exempted from aviation security checks according to the provisions of Articles 15 and 16 of this Decree.

3. The Ministry of Foreign Affairs is responsible for exchanging information with Vietnamese aviation security authorities regarding individuals exempted from aviation security checks, the content of the exemption requests, flight information; informing individuals exempted from aviation security checks about the list of dangerous items prohibited or restricted from being carried onto aircraft according to Vietnamese regulations.

4. Vietnamese aviation security authorities shall cooperate with the Security Guard Command of the Ministry of Public Security in checking the list of individuals exempted from aviation security checks.

Article 46. Ensuring Security for Special Charter Flights of Vietnam

1. The Immigration Administration shall direct:

a) Aviation security control forces at airports to allocate sufficient personnel and equipment to conduct inspections, supervision, and security controls over persons, means of transportation entering and exiting, activities, baggage, and goods brought into the areas serving special charter flights, except for cases specified in Clause 1 of Article 45 of this Decree;

b) Aviation security control forces at airports to allocate personnel to guard, supervise, and protect special charter aircraft from when the aircraft is positioned for operation until the completion of services for special charter flights;

c) Aviation security control forces of organizations producing, maintaining, and repairing aircraft and aircraft equipment to be responsible for controlling persons, objects, and means of transportation carried onto the aircraft when special charter aircraft undergo maintenance or repair.

2. In the case where special charter aircraft are parked overnight, the airline shall be responsible for sealing the aircraft doors and handing them over to the aviation security control forces at the airport; handover procedures must be documented and stored according to regulations; the area where the aircraft is parked must be ensured to have lighting conditions and personnel guarding or surveillance using appropriate security measures to prevent unauthorized access; means of transportation and equipment serving must be managed and arranged to ensure security.

3. The Immigration Administration shall direct the aviation security control forces at airports to cooperate with units under the Security Guard Command of the Ministry of Public Security to inspect and supervise aviation security for the aircraft, persons, baggage, and goods of special charter flights.

4. Items served on special charter aircraft before being loaded onto the aircraft must undergo aviation security screening and be continuously monitored until they are loaded onto the aircraft; when unloaded from the aircraft, items must be inspected and compared consistently in terms of quantity and type.

5. Vietnamese airlines operating special charter flights shall cooperate with the Immigration Administration, the Security Guard Command of the Ministry of Public Security, and related organizations to carry out appropriate inspection and supervision work for the aircraft, persons, baggage, and goods of special charter flights when abroad.

Article 47. Security Assurance for Foreign Presidential Aircraft Flights to and from Vietnam

1. For foreign presidential aircraft flights to and from Vietnam, the aviation security control force shall be responsible for conducting a comprehensive security check on all persons, baggage, goods, and items of the presidential delegation at the airport; coordinating with the security forces of the presidential delegation to escort checked baggage and goods from the security check point to the presidential aircraft, except in cases where air cargo security checks are exempted according to Clause 1, Article 45 of this Decree.

2. Upon request from competent state agencies or through agreements with foreign representative offices, the aviation security control unit shall be responsible for coordinating with the agency in charge of serving the presidential aircraft, the General Guard Command of the Ministry of Public Security to implement enhanced security measures for foreign presidential aircraft at airports.

Chapter V

VIETNAM AVIATION SECURITY AUTHORITY

Article 48. The Agency Implementing the Function of Vietnam Aviation Security Authority

1. The Exit and Entry Administration under the Ministry of Public Security shall perform the function of the Vietnam Aviation Security Authority, serving as the permanent focal point in international cooperation with ICAO, foreign aviation authorities, and other organizations and forums related to aviation security to enhance the capacity of aviation security oversight and training.

2. When performing its duties and powers, the Vietnam Aviation Security Authority shall use the seal of the Exit and Entry Administration; use the international trade name of the Exit and Entry Administration as "Vietnam Immigration Department".

3. The Border Gate Police of International Airports under the Exit and Entry Administration and the Exit and Entry Police of provincial public security departments assigned to ensure security at airports shall be the agencies implementing some of the duties and powers of the Vietnam Aviation Security Authority at airports.

Article 49. Responsibilities of the Vietnam Aviation Security Authority

1. Advising competent authorities on issuing regulatory legal documents, directives, and guidelines on aviation security work in civil aviation activities; being responsible for developing, implementing, and maintaining the aviation security program as stipulated in Clause 1, Article 97 of the Civil Aviation Law No. 130/2025/QH15.

2. Powers of the Vietnam Aviation Security Authority:

a) Deciding to suspend operations of flights, temporarily halt operations of airlines operating flights from abroad to Vietnam that do not comply with or meet ICAO standards on aviation security; based on the results of security risk assessments at foreign airports operating flights to Vietnam;

b) Suspending the activities of aviation personnel in cases of violation of aviation security regulations;

c) Directing aviation industry units to implement emergency measures to serve national defense, security, and national emergencies;

d) Deciding to apply aviation security inspection measures for passengers and crew members, their luggage, and cargo on flights based on the assessment of aviation security risks; inspection procedures similar to those for departing flights and shared X-ray equipment with customs;

đ) Organizing aviation security, social order, and safety for areas including airports; on aircraft; air navigation service providers; organizations designing, manufacturing, testing, maintaining aircraft, aircraft engines, propellers, and aircraft equipment; organizations providing air services at airports; organizations handling cargo and mail to be loaded onto aircraft;

e) Providing information, press statements, and announcements to relevant countries, ICAO regarding illegal interference and implementation of countermeasures against illegal interference in civil aviation activities;

g) Receiving, processing, exchanging, and providing aviation security information to organizations and individuals participating in civil aviation activities;

h) Issuing, approving, recognizing, renewing, revoking, or suspending the validity of licenses, training certificates, competency certificates, and related security licenses;

i) Approving the aviation security program as stipulated in Clause 2, Article 97 of the Civil Aviation Law No. 130/2025/QH15;

k) Announcing ICAO technical standards, procedures, guidelines, and operational documents on aviation security; reviewing, evaluating, and notifying about the application of amendments and updates to standards in annexes;

l) Issuing a list of dangerous items prohibited or restricted from being carried on board aircraft according to ICAO standards;

m) Organizing and operating an aviation security monitoring system meeting ICAO standards; leading and advising the Ministry of Public Security's leadership on organizing aviation security training;

n) Approving, directing, and guiding the organization and operation of aviation security management systems of agencies and units in the aviation sector to meet ICAO standards;

o) Organizing evaluations and implementing preventive measures against threats to aviation security;

p) Appointing supervisors in the field of aviation security assurance according to standards prescribed by the Minister of Public Security.

3. Responsibilities in coordination work

a) Participating in the investigation, analysis, verification, and evaluation of situations threatening aviation safety and security, accidents, and incidents;

b) Coordinating in directing and supervising the handling and remediation of situations threatening aviation safety and security, accidents, and incidents; issuing necessary recommendations and directives to prevent and mitigate accidents and incidents related to aviation security;

c) Coordinating in controlling the cessation of airport operations, works, or parts thereof at airports; implementing decisions to close runways for takeoff and landing.

Article 50. Air Transport Security Surveillance

1. Air transport security surveillance shall be carried out in the following forms:

a) Using surveillance camera systems; intrusion detection and warning sensor systems, or other technical devices;

b) Using human personnel for surveillance;

c) Using trained animals for surveillance.

2. The Vietnamese air transport security authority shall be responsible for:

a) Managing and using air transport security surveillance camera systems, intrusion detection and warning sensor systems, or other technical devices to proactively detect and promptly prevent violations or signs of violations concerning air transport security at airports;

b) Directing and guiding the installation and equipping of air transport security surveillance camera systems, intrusion detection and warning sensor systems, and other technical devices.

3. Enterprises providing services in the aviation sector related to this matter shall be responsible for investing in and equipping air transport security surveillance camera systems, intrusion detection and warning sensor systems within their management scope as stipulated in point a, Clause 1, Article 50 of this Law.

Article 51. Air Transport Security Quality Control

1. Air transport security quality control is an inspection, testing, trial, and investigation activity aimed at evaluating the implementation of measures to ensure air transport security according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member, ensuring compliance with legal provisions on air transport security for agencies, organizations, and individuals involved in civil aviation activities. Air transport security quality control is determined based on the assessment of air transport security risks.

2. The Vietnamese air transport security authority has the rights and obligations as follows:

a) Organizing the evaluation of compliance with ICAO standards on air transport security at foreign airports operating flights to Vietnam; considering and deciding to suspend operations of flights, temporarily suspending airlines operating flights from abroad to Vietnam that do not comply with or meet ICAO standards on air transport security;

b) Implementing air transport security quality control; directing and guiding the activities of air transport security control forces;

c) Appointing air transport security supervisors to carry out tasks of air transport security quality control according to regulations of the Minister of Public Security;

d) Accepting inspections and audits by ICAO; accepting assessments by foreign aviation authorities regarding air transport security work according to international standards.

3. Organizations and enterprises with air transport security programs (excluding airport operators, organizations handling cargo and mail for loading onto aircraft) must implement air transport security quality control within their internal organizational scope; accept air transport security quality control by the Immigration Management Department; accept assessments by foreign aviation authorities, international aviation organizations, and relevant airlines.

Article 52. Air Transport Security Supervisor

1. An air transport security supervisor is a person appointed and issued an air transport security supervisor card by the Vietnamese air transport security authority to perform activities of quality control and air transport security supervision.

2. When performing duties, an air transport security supervisor has the right to access, board aircraft, enter any restricted area at airports, air service facilities, structures, equipment, and means of transportation within the scope of their duties; has the right to request organizations and individuals to provide relevant documents, materials, or items; has the right to confiscate licenses and security control cards of violators; suspend the operation of equipment and means threatening air transport security; require responsible persons to immediately take corrective measures; record violations and transfer them to competent authorities for handling according to the law.

3. Air transport security supervisors shall be trained according to the Civil Aviation Security Training Program issued by the Minister of Public Security.

Chapter VI

FACILITATE AVIATION

Article 53. Facilitating Air Transport

1. Facilitating air transport is an activity aimed at creating conditions for the operation of international flights, avoiding unnecessary delays for aircraft, flight crews, passengers, baggage, and cargo when implementing laws on departure, entry, transit, quarantine, customs, and flight permit issuance.

2. Facilitating civil air transport is implemented through the National Program to Simplify Air Transport Procedures, based on the following fundamental principles:

a) Reviewing, reducing, and simplifying air transport procedures for aircraft, flight crews, passengers, cargo, and baggage; modernizing processes, providing services, and improving service quality for passengers;

b) Developing and applying effective science and technology to increase efficiency in implementing air transport procedures, saving costs, resources, and time for flight crews, passengers, cargo, and baggage;

c) Establishing a cross-sector coordination mechanism among state management agencies and businesses to connect and share data for smart governance, supporting businesses and passengers, and enhancing national competition;

d) Cooperating with member states of ICAO in simplifying air transport procedures;

đ) Designing reasonable routes, clear signage, and equipment to assist persons with disabilities.

3. The Vietnamese Civil Aviation Security Authority and the Vietnamese Safety Authority shall coordinate, advise, and assist the National Committee on Civil Aviation Security and Facilitation in formulating policies on facilitating air transport according to Clause 1 and Clause 2 of this Article.

Article 54. National Committee on Civil Aviation Security and Facilitation

1. The National Committee on Civil Aviation Security and Facilitation is a cross-sector coordinating organization with the function of assisting the Prime Minister in directing and coordinating the resolution of important cross-sector issues related to ensuring civil aviation security and facilitating air transport. The Ministry of Public Security is the standing body of the Committee. The Committee's standing office is located at the Department of Exit and Entry Administration.

2. The National Committee on Civil Aviation Security and Facilitation serves as the National Emergency Security Command when responding to illegal interference in civil aviation activities; regularly assesses security threats; improves and upgrades the aviation security assurance system; directs and resolves disputes arising between ministries, sectors, localities, and relevant agencies and organizations in aviation security work.

3. The National Committee on Civil Aviation Security and Facilitation directs the development and implementation of the National Program to Simplify Air Transport Procedures in accordance with the standards and best practices outlined in Annex 9 - Facilitation of the ICAO.

Chapter VII

DATA, INFRASTRUCTURE, EQUIPMENT AND FACILITIES, MEANS OF ENSURING AVIATION SECURITY

MEANS OF ENSURING AIRCRAFT SECURITY

Article 55. Requirements for Infrastructure Ensuring Aviation Security at Airports

1. The fence system, intrusion alarm system, guard posts, gates, doors, patrol paths, security lighting systems, security surveillance cameras, warning signs, emergency assembly points, isolated parking areas, bomb disposal tunnels or areas must meet aviation security requirements and be consistent with the results of aviation security risk assessments.

2. They must satisfy the needs for inspection, scanning, searching, and monitoring of aviation security for people, means of transportation, objects, baggage, cargo, mail, and for investigation purposes.

3. New construction or renovation and upgrading of airports must be reviewed and approved by the competent authority regarding aviation security requirements, standards, and technical regulations before implementation.

Article 56. Requirements for Equipment, Devices, and Means to Ensure Aviation Security

1. Equipment, devices, and technical means to ensure aviation security must be complete and appropriate to technical standards, usage norms, and the results of aviation security risk assessments to fulfill aviation security tasks as prescribed.

2. Equipment, devices, and means to ensure aviation security at airports must be synchronized and consistent; they must meet standards issued or recognized by competent authorities regarding technology and human health safety. Priority should be given to purchasing and applying aviation security equipment and technology that are outcomes of domestic scientific and technological missions, strategic technological products researched, produced domestically, and meeting technical standards and international agreements.

3. For international flights, scanning devices used for both aviation security and customs scanning shall be shared.

4. Units managing and using equipment, devices, and means to ensure aviation security must develop and issue operating and maintenance documentation; maintain applicable standards and technical capabilities of such equipment, devices, and means.

5. Images from cameras and X-ray machines must be managed and retained appropriately for investigative purposes when necessary. Records, logs of operation, maintenance, and repair of technical systems, equipment, and devices ensuring aviation security must be managed, retained, and presented upon request.

Article 57. Construction, Management, Provision, Sharing, and Utilization of Aviation Security Databases

1. The aviation security database is a specialized database serving state management requirements for civil aviation. The Vietnamese Civil Aviation Security Authority shall lead and coordinate with relevant agencies to construct, manage, and operate a centralized aviation security database system; ensuring technical infrastructure to receive, store, and process data.

2. The aviation security database includes:

a) Passenger identification information (personal data, identity documents), cargo information, and detailed flight information;

b) Data on individuals subject to mandatory security checks or prohibited from flying;

c) Multi-dimensional biometric data (facial recognition, iris, fingerprints);

d) Results of security risk analysis and assessment for each flight and specific individual.

3. The construction and operation of the system must comply with security, cybersecurity, and personal data protection standards as prescribed by law.

4. Airlines have the responsibility to provide complete, accurate, and timely seat reservation and passenger data to the Vietnamese Civil Aviation Security Authority immediately after passengers confirm their flights or upon urgent request.

5. Airport operators, cargo processing facilities, and aviation security control units have the responsibility:

a) To provide data on security inspection and monitoring processes for passengers and baggage at the airport;

b) To connect surveillance cameras and biometric recognition devices to the common system when required;

c) To provide cargo information data (weight, number of items, type, airline transporting).

6. The Vietnamese Civil Aviation Security Authority shall conduct risk analysis and assessment based on collected data to:

a) Early warn of threats to aviation security;

b) Share operational guidance information with on-site security control units to implement timely preventive measures.

7. Strictly prohibit the use of passenger data for purposes outside the scope of aviation security and national defense and security tasks as prescribed by law.

 

 

Chapter VIII

AVIATION SECURITY FEES

Article 58. Sources of Funding to Ensure the Execution of Tasks of Vietnam Civil Aviation Security Authorities

1. The sources of funding for civil aviation security work include state budget funds according to the budget classification and revenue from security service fees retained in accordance with regulations.

2. State budget funds ensure the tasks under the responsibility of the state budget in civil aviation security work according to the budget classification, approved budget estimates and state budget laws.

3. The Ministry of Public Security manages, regulates, and allocates the funding specified in this Article among agencies and units assigned the task of ensuring civil aviation security according to the budget classification, approved budget estimates and relevant laws.

Article 59. Fee Payers and Fee Collecting Organizations

1. Fee payers are organizations or individuals using services, receiving security assurance services for civil aviation or generating fee payment obligations according to the list and rates prescribed in Appendix III attached to this Decree. In cases where the fee is linked to air transportation activities, the airline is authorized to collect on behalf according to Article 65 of this Decree.

2. Fee collecting organizations are the Exit and Entry Administration under the Ministry of Public Security and public security organs of provinces and centrally-administered cities where there are airports and airfields assigned the main responsibility for ensuring civil aviation security.

Article 60. Exemption, Reduction, Offset, and Refund of Fees

1. Exemption from civil aviation security fees applies to the following cases:

a) Charter flights serving political and diplomatic missions of the Party and State as prescribed by law;

b) Diplomatic bags and consular pouches as prescribed by Vietnamese law and international treaties to which Vietnam is a party;

c) Children under two years old traveling by aircraft;

d) Other cases exempted from fees according to international treaties or relevant laws.

2. Children aged two to under twelve years old traveling by aircraft shall be subject to a fee rate of fifty percent of the adult passenger fee rate as prescribed in Appendix III attached to this Decree.

3. The offset or refund of overpaid fees or fees no longer applicable shall be carried out in accordance with laws on tax management and relevant laws.

Article 61. List of Fees, Rates, and Currency for Payment

1. The list of fees and rates for civil aviation security assurance is prescribed in Appendix III attached to this Decree.

2. The currency for declaration, collection, and payment of fees shall be implemented in accordance with Clause 7, Article 3 of Decree No. 362/2025/NĐ-CP dated December 31, 2025 detailing the Law on Fees and Charges.

Article 62. Declaration, Collection, Payment of Fees, Receipts, and Settlement of Fees

1. Fee payers shall make payments in accordance with Clause 1, Article 3 of Decree No. 362/2025/NĐ-CP dated December 31, 2025 detailing the Law on Fees and Charges.

2. Fee collecting organizations shall establish, manage, and issue receipts for fees in accordance with Clause 5, Article 3 of Decree No. 362/2025/NĐ-CP dated December 31, 2025 detailing the Law on Fees and Charges.

3. Declaration, Payment, and Settlement of Fees

a) The Exit and Entry Administration, as a fee collecting organization, shall deposit the total amount of fees collected in the previous month, including accrued interest, into the account for pending budget payments no later than the fifth day of each month.

Fee collecting organizations shall declare the amount of fees collected in the previous month in accordance with tax management laws and deposit the remaining amount due from the account for pending budget payments into the state budget no later than the twentieth day of each month.

Annually, fee collecting organizations shall settle the amount of fees collected in accordance with tax management laws;

b) Fee collecting organizations, which are provincial and centrally-administered city public security organs, shall declare, pay, and settle collected fees in accordance with point a, clause 3, Article 3 of Decree No. 362/2025/NĐ-CP dated December 31, 2025 detailing the Law on Fees and Charges.

Article 63. Management and use of fees

1. The organization collecting fees, which is the Vietnamese Civil Aviation Security Authority (Immigration Department), shall retain 85% of the collected fee amount to be allocated for the purposes specified in Article 64 of this Decree; the remaining 15% shall be paid into the State budget.

2. The organization collecting fees, which is the Provincial Police, shall pay 100% of the collected fee amount into the State budget.

3. The preparation of budgets, allocation, utilization, and settlement of the retained fee amounts shall be carried out in accordance with the laws on the State budget, current standards, norms, and regulations, and guidelines issued by the Ministry of Public Security. For tasks without specific norms, the fee collection organization shall prepare a budget, explain the necessity, basis for calculation, and submit it to the competent authority for review and decision within the scope of the retained fee and approved budget.

4. Annually, the fee collection organization shall settle accounts for revenue and expenditure according to regulations. After settling accounts in accordance with the system, the unused portion of the retained fee at the end of the year shall be transferred to the next year for continued use according to the prescribed system. In cases where the entire five years have passed without full expenditure, the fee collection organization must pay the remaining amount into the State budget as stipulated.

Article 64. Contents funded from the retained aviation security assurance fee

1. Enhancing human resource quality and attracting high-quality personnel in the field of aviation security, including:

a) Training, instructing, and professional development in aviation security; organizing exercises and specialized training activities to counteract illegal interventions; participating in training courses organized by ICAO or foreign entities;

b) Hiring domestic and international supervisors, experts, and consultants to serve management, training, and quality control of aviation security.

2. International cooperation activities, including: participating in negotiations, signing, and implementing international treaties and agreements on aviation security; attending ICAO and other international forums and conferences; costs for outbound and inbound delegations within the framework of international cooperation; exchanging and sharing international information and experiences on aviation security.

3. Investment and modernization to enhance aviation security surveillance capacity in accordance with ICAO standards, including: investment, procurement, leasing services, operation of information technology systems, databases, software, standards, specifications, procedures, plans, technical documents serving aviation security work; investment in physical facilities, equipment, installations, devices, and tools; maintenance, repair, upgrading of technical systems; organization of inspections, supervision, quality control, compliance assessment; implementation of scientific and technological tasks and other related tasks directly related to the performance of or service to the performance of work, services, and fee collection in the field of aviation security assurance.

4. Directly serving the organization of fee collection, reconciliation, data management, publicizing the fee collection system, inspection, supervision, reporting, auditing, inspection, and other management tasks directly related to the activities of fee collection, payment, management, and use of aviation security assurance fees as prescribed by law.

Article 65. Collection on Behalf of Air Security Assurance Fees

1. The Immigration Management Department shall issue a power of attorney document authorizing airlines to collect certain air security assurance fees during the ticket selling process, issuance of transport documents, and service payment. The power of attorney must clearly define the scope of collection, reconciliation responsibilities, time limit for transferring funds, reporting requirements, and liability for compensation in case of shortages, delays, or incorrect collections.

The Immigration Management Department shall receive, reconcile, and consolidate the collected fees transferred back by the authorized airline; take the lead in compiling reports, declaring, paying, and settling the fees according to regulations.

2. The authorized airline has the responsibility to:

a) Organize the collection through the ticket sales system, issuance of transport documents, service payments, and service providers under contracts with the airline;

b) Collect the correct amount of fees as stipulated in this Decree; separately itemize the air security assurance fee on the ticket sale receipt, transport document, invoice, or other collection receipts in accordance with the law, consistent with the ticket sales method and service transportation payment method;

c) Monitor and record separately the collected fee amounts on the accounting system, ticket sales system, transport documents, payment receipts, and reconciliation statements.

3. At least every Thursday weekly, the authorized airline must transfer all collected fees from the previous week into the account designated by the Immigration Management Department for receiving fees. When transferring funds, the airline must attach a reconciliation statement detailing the number of subjects collected from, collection rates, total collected fees, fees to be transferred, actual transferred amount, adjustment due to refunds, offsets, or discrepancies (if any), and other information as specified in the power of attorney for the Immigration Management Department to reconcile, consolidate, declare, pay, and settle the fees according to regulations.

4. The Immigration Management Department shall use the retained fee amount as prescribed in Clause 1, Article 63 of this Decree to cover the collection costs for the authorized airline. The collection cost rate is 1.5% of the collected fees transferred by the airline into the account designated by the Immigration Management Department, to cover collection costs, reconciliation, data management, payment, and fund transfer expenses. The payment of collection costs shall be based on the power of attorney, reconciliation results, valid documentation, within the budget allocation or usage plan approved by the competent authority; implemented in accordance with the state budget law and related laws regarding accounting, payment, and settlement.

5. Handling violations of the obligation to collect and transfer collected fees:

a) In cases where the airline fails to transfer or transfers insufficient collected fees as required by Clause 3 of this Article, in addition to transferring the remaining amount, the airline must also pay late transfer penalties. The late transfer penalty rate is 0.03% per day calculated on the amount of the delayed or insufficiently transferred fees. The late transfer period starts from the day following the deadline for transferring funds as stipulated in Clause 3 of this Article until the day before the airline fully transfers the remaining fees into the account designated by the Immigration Management Department;

b) In cases where the airline incorrectly collects or causes loss of collected fees, in addition to the obligation to transfer the remaining amount and pay late transfer penalties (if applicable) as prescribed in point a, Clause 5 of this Article, the airline must also compensate for the full loss and bear responsibility as stipulated in this Decree, the power of attorney, and relevant laws.

6. The authorized airline may not unilaterally deduct collection costs, late transfer penalties, compensation payments, or any other financial obligations from the collected fees to be transferred to the Immigration Management Department, except in cases of refunds or offsets as prescribed. Late transfer amounts, compensation amounts, and interest arising from the separate management of collected fees by the airline (if any) shall not be included in collection costs and do not belong to the retained fees. The Immigration Management Department shall be responsible for monitoring, recording separately, declaring, and paying these amounts into the state budget according to the law.

Chapter IX

RESPONSIBILITIES OF RELATED ORGANIZATIONS AND INDIVIDUALS

IN AIRCRAFT SECURITY ASSURANCE WORK

Article 66. Ministry of Public Security

1. Implement state management to ensure security for civil aviation activities; issue policies, regulatory legal documents within the field of aviation security, aviation security programs, quality control of aviation security, aviation security training, either on its own authority or upon submission to competent authorities for issuance and implementation.

2. Take the lead and coordinate with relevant ministries and sectors to effectively implement international treaties on aviation security to which the Socialist Republic of Vietnam is a member.

3. Take the lead and direct agencies and units in the aviation sector to carry out aviation security work, including security for special aircraft and special cargo flights, except as provided in Clause 6, Article 68 of this Decree, specifically:

a) Implement measures to ensure aviation security; operate surveillance, management, and quality control systems for aviation security; approve and endorse aviation security programs; organize aviation security control forces;

b) Establish reporting systems, collect information, analyze, and assess incidents and threats to aviation security; decide on applying appropriate preventive security measures, procedures, and processes based on the level of threat;

c) Develop, train, rehearse, and implement emergency aviation security plans to counter illegal interventions in civil aviation activities;

d) Report, handle, rectify, investigate, and verify cases of violations threatening aviation security; issue necessary recommendations and directives to prevent and stop aviation security incidents;

e) Implement urgent security measures for air security, serving national security, defense, and national emergencies.

4. Conduct inspections, checks, and administrative penalties for violations in air security activities.

5. Take the lead in implementing national security protection measures, preventing and combating terrorism related to civil aviation activities.

6. Direct public security agencies to implement aviation security measures; assess risks and levels of threats to aviation security; manage and monitor passengers refused entry; protect internal security and specialized aviation information systems.

7. Develop plans to protect against criminal activities, maintain public order and social safety at airports and aviation facilities. Receive, process crimes and violations related to aviation security and public order according to the law in connection with civil aviation operations.

8. Develop and implement emergency response plans for illegal interventions in civil aviation activities within its scope of responsibility. Organize training, instruction, and guidance on national security protection business for aviation security control forces; fire prevention and firefighting business for civil aviation firefighting forces.

9. Direct the General Directorate of Guard Service to take the lead and coordinate with relevant agencies and units to implement security work for special aircraft and special cargo flights of Vietnam; supervise the provision of security for foreign special aircraft flights.

Article 67. Ministry of Construction

1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and relevant ministries, sectors, and localities in the work of protecting national security, defense, preventing terrorism, and maintaining social order and safety at civil airports as prescribed by law.

2. Direct related aviation agencies and units to cooperate with the Immigration Department in implementing air security measures; assessing risks and levels of threats to air security; managing and supervising passengers refused entry; ensuring internal security and specialized information systems in the aviation sector.

3. Specify detailed standards for aircraft and aviation personnel; management procedures for the implementation and operation of necessary services for state special flights and special cargo compartments conducted by domestic airlines; service procedures for foreign special flights; review and propose to the Ministry of Finance to set maximum rental prices for official special aircraft and cargo compartments (taking into account backup aircraft) through ordering; specify specific ordering prices for state-funded special flights and cargo compartments based on the maximum hourly rates for official aircraft (taking into account backup aircraft) as prescribed by the Ministry of Finance.

Article 68. Ministry of National Defense

1. Lead the management and protection of national airspace; prevent acts using shoulder-fired missiles against civilian aircraft. Regularly or urgently exchange, provide, and evaluate information on political security situations, social order and safety; terrorist plots, methods, and tactics; illegal interventions into civil aviation operations for the Ministry of Public Security.

2. Direct related military agencies and units to cooperate with the Immigration Department in implementing air security measures; assess risks and levels of threats to air security.

3. Develop plans to protect, prevent and combat crimes, maintain public order and social safety in areas under the management of the Ministry of National Defense at shared-use airports.

4. Develop and implement emergency plans to counteract illegal interventions into civil aviation operations within their scope of responsibility. Organize training, instruction, and guidance on national defense protection tasks for aviation security control forces.

5. The Minister of National Defense shall prescribe standards for aircraft, flight crews, unit prices for implementing state-funded special flights and cargo compartments, and necessary services for such flights conducted by units under the Ministry of National Defense; regulations on coordination and management agreements for protecting special flights and cargo compartments operating within Vietnamese airspace and controlled flight information regions.

6. Take the lead and coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Construction, and People's Committees of centrally governed cities and provinces to implement security measures for special flights and cargo compartments conducted by units under the Ministry of National Defense.

Article 69. Ministry of Finance

Directs customs units at international airports to coordinate with aviation security forces during the inspection, supervision, and control of luggage, goods, and mail to detect and prevent dangerous items from being illegally brought onto departing aircraft and other violations of the law that affect national security; implement activities to facilitate air transport.

Article 70. Ministry of Home Affairs

Coordinate with the Ministry of Public Security and the Ministry of Finance to implement systems and policies to support improving the quality of human resources and attracting high-quality personnel in the field of aviation security as stipulated in Clause 1 of Article 64 of this Decree.

Article 71. Ministry of Foreign Affairs

1. Take the lead and coordinate with domestic airlines or units under the Ministry of National Defense assigned to carry out special aircraft flights and relevant agencies abroad to handle diplomatic requests for permission to fly foreign special aircraft; issue permission for foreign special aircraft flights within their authority.

2. Take the lead in ensuring ceremonial reception and farewell procedures for individuals served on domestic and foreign special aircraft flights according to their authority; contact representative offices of the Socialist Republic of Vietnam abroad to request or directly request local authorities to waive fees and charges for Vietnam's special aircraft flights abroad based on reciprocity principles.

3. Announce foreign special aircraft flights arriving in and departing from Vietnam according to Clause 4 of Article 4 of this Decree.

Article 72. People's Committees at levels where there are airports, facilities, equipment serving civil aviation operations

1. Prevent crime, maintain public order and social safety in the area; receive and process criminal cases and incidents violating security, order, and traffic safety according to the law.

2. Coordinate with related agencies and units in combating the use of shoulder-fired missiles to attack civilian aircraft. Implement emergency plans to respond to illegal interference in civil aviation operations within their scope of responsibility.

3. Promote and mobilize the public to comply with regulations ensuring aviation security.

Article 73. Responsibilities of organizations and individuals participating in civil aviation operations

Organizations and individuals participating in civil aviation operations must strictly adhere to laws regarding aviation security; promptly detect, prevent, and provide information on aviation security violations to competent state authorities to contribute to ensuring aviation security and building aviation security culture.

 

Chapter X

IMPLEMENTING PROVISIONS

Article 74. Effective Date

This Decree takes effect from July 1, 2026.

Article 75. Transitional Provisions

Air security cards, licenses, certificates, and training qualification certificates issued before the effective date of this Decree shall continue to be valid until their expiration dates as indicated on the cards, licenses, and certificates.

 

 

 

 

 

 

 

 

 

 

 

ANNEX I

FRAMEWORK FOR EMERGENCY RESPONSE PLANS AT PROVINCE LEVEL TO DEAL WITH ILLEGAL INTERFERENCE IN CIVIL AVIATION OPERATIONS
(Attached to Decree No. 215/2026/NĐ-CP dated June 18, 2026 of the Government)

1. General Provisions

1.1. Principles and Guidelines for Response

1.2. Directly Involved Forces

1.3. Functions, Tasks, and Responsibilities of Agencies and Units

1.3.1. Provincial/Township Counter-Terrorism Steering Committee

(In accordance with Decision on Establishment)

- Composition;

- Functions and Tasks;

- Material and Financial Resources for Operations.

1.3.2. Provincial Police

1.3.3. Provincial Military Command

1.3.4. Department of Health

1.3.5. People's Committee Office

1.3.6. Special Economic Zone (for provinces/cities where airports or flight support facilities are located in special economic zones)

(Other relevant departments and sectors).

1.4. Regulations on Combat Coordination Among Directly Involved Forces

1.5. Support Facilities, Equipment, Weapons, Tools, Communication, Logistics, Medical Care, and Financial Support

1.6. Training and Drills

2. Emergency Response Plans for Specific Scenarios

a) Develop response plans for at least seven scenarios:

Scenario 1: Hostage-taking at the airport terminal, on board the aircraft, or hijacking the aircraft at the airport.

Scenario 2: Placing bombs, mines, or explosive materials on operating aircraft or at the airport.

Scenario 3: Hostage-taking on board a flying aircraft or hijacking a flying aircraft requesting to land at the airport.

Scenario 4: Placing bombs, mines, or explosive materials on a flying aircraft requesting to land at the airport.

Scenario 5: Armed attacks organized against the airport or flight support facilities.

Scenario 6: Seizing, causing riots, and terrorist acts at the airport and service provision facilities.

Scenario 7: Using unmanned aerial vehicles to attack aircraft, airports, and service provision facilities.

b) Each scenario's response plan must include the following contents:

- Specific tasks of each force;

- Personnel strength, weapons, tools, means, equipment;

- Command work;

- Coordination and cooperation among forces:

+ Preparation phase;

+ Execution phase;

+ Conclusion phase;

+ Other coordination regulations.

- Logistics, medical care, financial, and communication support work.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX II

FRAMEWORK FOR EMERGENCY RESPONSE PLANS AT AIRPORTS TO DEAL WITH ILLEGAL INTERFERENCE IN CIVIL AVIATION OPERATIONS
(Attached to Decree No. 215/2026/NĐ-CP dated June 18, 2026 of the Government)

1. General Provisions

1.1. Principles and Guidelines for Response

1.2. Directly Involved Forces

1.3. Functions, Tasks, and Responsibilities of Agencies and Units

1.3.1. Airport Emergency Command

- Composition;

- Functions and Tasks;

- Material and Financial Resources for Operations.

1.3.2. Aviation Security Control Force

1.3.3. Airport Operator

1.3.4. Units, Enterprises, Airlines at the Airport

1.3.5. Civil Aviation Port Authority, State Management Agencies, Police, Military in the Airport Area

1.4. Regulations on Coordination and Cooperation With Directly Involved Forces

1.5. Support Facilities, Equipment, Weapons, Tools, Communication, Logistics, Medical Care, and Financial Support

1.6. Training and Drills

2. Emergency Response Plans for Specific Scenarios

a) Develop contingency plans for at least the following eight scenarios:

Scenario 1: Hostage-taking at the airport terminal, on board the aircraft, or hijacking the aircraft at the airport.

Scenario 2: Placing bombs, mines, or explosive materials on operational aircraft, at airports.

Scenario 3: Hostage-taking on board a flying aircraft or hijacking a flying aircraft requesting to land at the airport.

Scenario 4: Placing bombs, mines, or explosive materials on a flying aircraft requesting to land at the airport.

Scenario 5: Armed attacks organized against the airport or flight support facilities.

Scenario 6: Seizing, causing riots, and terrorist acts at the airport and service provision facilities.

Scenario 7: Illegally attacking or interfering with specialized aviation information systems.

Scenario 8: Using unmanned aerial vehicles to illegally enter airport areas, threatening flight safety.

b) Each scenario's response plan must include the following contents:

- Specific tasks of each force;

- Personnel strength, weapons, tools, means, equipment;

- Command work;

- Coordination and cooperation among forces:

+ Preparation phase;

+ Execution phase;

+ Conclusion phase;

+ Other coordination regulations.

- Logistics, medical care, financial, and communication support work.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX III

CHARGING SCALE FOR AIR TRANSPORT SECURITY FEES
(Kèm theo Nghị định số 215/2026/NĐ-CP ngày 18 tháng 6 năm 2026 của Chính phủ)

Ghi chú:

1. Nhóm A: nhóm cảng hàng không phục vụ kinh tế - xã hội bao gồm cảng hàng không Côn Đảo, Điện Biên, Cà Mau, Rạch Giá.

2. Nhóm B: các cảng hàng không còn lại.