Decree No. 27/2011/NĐ-CP On Providing, Exploiting, Processing, and Using Information on Passengers Before Entering Vietnam via Air Transport

DECREE

On providing, exploiting, processing, and using information about passengers before entering Vietnam via air transport

THE GOVERNMENT

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

Considering the proposals of the Minister of Public Security, the Minister of Transport, and the Minister of Finance,

DECREE:

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Application and Regulatory Scope

1. This Decree stipulates the responsibility of organizations and individuals engaged in international civil air transportation (collectively referred to as airlines) or private flight operators to provide pre-flight information about the flight, passenger details, and crew (collectively referred to as pre-departure passenger information) originating from airports outside the territory of the Socialist Republic of Vietnam and destined for international airports in Vietnam; the responsibilities of competent authorities in receiving, exploiting, processing, and using pre-departure passenger information, and the coordination among these authorities.

In cases where international treaties to which the Socialist Republic of Vietnam is a party contain different provisions, such provisions shall be followed.

2. This Decree does not apply to foreign state aircraft flights carrying guests of the Party and State visiting Vietnam; domestic state aircraft flights; escort and advance flights for the aforementioned state aircraft; military and specialized flights of the Vietnam People's Army, Police, and Customs; flights used for state public service purposes; and rescue and disaster relief flights.

Article 2. Interpretation of Terms

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

1. Pre-departure passenger information (abbreviated in English as API/Advance Passenger Information) refers to flight information, passenger information, and crew information provided by airlines or private flight operators in the form of computerized data (hereinafter collectively referred to as API data) to the competent authority of Vietnam prior to entry at an international airport in Vietnam.

2. The API data includes:

a) Flight data: route, flight number, airline name, port of entry, number of passengers, crew, and entry and exit times.

b) Passenger and crew data: full name, gender, date of birth, nationality, type and number of travel documents, place of issuance, and validity of the documents.

3. Processing pre-departure passenger information involves the verification and comparison of flight data and passenger and crew data with relevant data or security alerts related to aviation security, political security, social order and safety, and anti-smuggling and commercial fraud.

4. A 24/7 information system refers to the continuous provision of information and data 24 hours a day, seven days a week.

Article 3. Principles for Exploiting, Processing, and Using API Information and Data

The exploitation, processing, and use of API information and data as prescribed in this Decree must comply with the following principles:

1. API information and data may only be used for the purpose of serving state management over aviation safety and security; political security, social order and safety; and preventing smuggling and commercial fraud.

2. Confidentiality of business data of airlines or private flight operators and confidentiality of passenger and crew details must be maintained; it must not affect the business operations of these airlines and private flight operators.

3. API information and data shall not be transferred to other agencies, organizations, or individuals except with the consent of the airlines or private flight operators who have provided the information.

Chapter II
RESPONSIBILITIES AND TIME LIMITS FOR PROVIDING API DATA

Article 4. Registration of Transmission Networks and Provision of API Data

1. Air carriers or private flight operators as prescribed in Clause 1, Article 1 of this Decree shall be responsible for registering transmission networks to provide API data to the competent authority of Vietnam as prescribed in Clause 2 of this Article.

2. API data shall be provided online through computer networks by air carriers or private flight operators to the Civil Aviation Authority of Vietnam's International Airport.

3. In cases where it is objectively impossible or due to technical failures that API data cannot be provided within the time limit stipulated in Clause 1, Article 5 of this Decree, air carriers or private flight operators must immediately notify the Civil Aviation Authority of Vietnam's International Airport so that this authority can inform the Border Police Post and Customs Sub-department at the international airport.

Article 5. Time Limit and Mode of Providing API Data

1. API data must be provided by air carriers or private flight operators to the competent authorities of Vietnam when processing passenger and crew boarding procedures for flights to Vietnam’s international airports.

2. API data provided to the Civil Aviation Authority of Vietnam's International Airport shall be on a 24/7 information provision basis.

Chapter III
AUTHORITY, RESPONSIBILITY AND COOPERATION BETWEEN AUTHORITIES IN THE EXPLOITATION, PROCESSING AND USE OF INFORMATION AND API DATA

Article 6. Authorities Permitted to Exploit, Process and Use Information and API Data

The permitted Vietnamese authorities to exploit, process and use information and API data include:

1. The Ministry of Transport:

a) The Civil Aviation Administration of Vietnam.

b) The Civil Aviation Authority of Vietnam's International Airport.

2. The Ministry of Public Security:

a) The Exit and Entry Management Department.

b) Border Police Posts at international airport ports.

3. Ministry of Finance:

a) The Supervision and Management Department; the Anti-Smuggling Investigation Department under the General Customs Department.

b) Customs Sub-departments at international airports.

Article 7. Notification Regarding the Provision of API Data

The Ministry of Transport shall instruct the Civil Aviation Administration of Vietnam to notify air carriers or private flight operators about the implementation of API data provision according to the provisions of this Decree.

1. The Civil Aviation Administration of Vietnam shall be responsible for directing the Civil Aviation Authority of Vietnam's International Airport to receive and transmit API data to the competent authorities as prescribed in Clauses 2 and 3 of Article 6 of this Decree.

2. The Civil Aviation Authority of Vietnam's International Airport shall implement the registration of transmission networks for API data from air carriers and private flight operators according to the technical plan set out in Article 11 of this Decree.

3. In case of system failure in information and data transmission over computer networks, the Civil Aviation Authority of Vietnam's International Airport shall take the lead and coordinate with relevant agencies and organizations to quickly resolve the issue to ensure that API data is provided and processed before flights land at Vietnam’s international airports.

Article 9. Exploitation, Processing and Use of API Data

1. The authorities prescribed in Article 6 of this Decree shall be responsible for immediately receiving and exploiting API data in accordance with the law; ensuring that API data is processed before flights land at Vietnam’s international airports.

2. The Civil Aviation Administration of Vietnam shall take the lead and coordinate with the relevant authorities prescribed in Clauses 2 and 3 of Article 6 of this Decree to organize regular meetings every six months to:

a) Evaluate the implementation of API data provision by air carriers or private flight operators.

b) Assess the quality of exploited and utilized information to inform air carriers or private flight operators to take appropriate measures for adjustment.

Article 10. Responsibility for monitoring and urging the provision of information and API data

The International Airport Port Authority shall be responsible for monitoring and urging airlines or private flight operators to provide information and API data in accordance with the deadlines stipulated in Clause 1 of Article 5 of this Decree.

Chapter IV
IMPLEMENTATION

Article 11. Ensuring Conditions for the Provision, Exploitation, Processing, and Utilization of Information and API Data

The Ministry of Public Security shall take the lead and coordinate with the Ministry of Transport and the Ministry of Finance to develop technical connection plans with the computer networks of competent authorities as prescribed in Article 6 of this Decree to implement the reception, exploitation, processing, and utilization of information and API data as prescribed.

Article 12. Ensuring Funding for the Exploitation, Processing, and Utilization of Information and API Data

The Ministry of Finance shall provide funding for relevant ministries and sectors to deploy and operate the information and API data system in accordance with this Decree.

Article 13. Handling Violations of Law when Implementing the Provision, Exploitation, Processing, and Utilization of Information and API Data

1. Any violation in the provision, exploitation, processing, and utilization of information and API data shall be subject to administrative penalties or criminal liability, depending on the nature and severity of the violation, and if damage occurs, compensation must be provided according to the law.

2. The Ministry of Transport shall take the lead and coordinate with relevant ministries and sectors to review and supplement violations of this Decree into administrative penalty regulations in the civil aviation sector as a basis for handling foreign agencies, organizations, individuals, or Vietnamese agencies, organizations, and individuals who violate it.

This Decree takes effect from June 1, 2011.

Article 15. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.