Circular No. 42/2023/TT-BGTVT amending and supplementing certain Articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019, issued by the Minister of Transport detailing the Civil Aviation Security Program and Civil Aviation Security Quality Control in Vietnam, and Circular No. 41/2020/TT-BGTVT dated December 31, 2020, issued by the Minister of Transport amending and supplementing certain Articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019, detailing the Civil Aviation Security Program and Civil Aviation Security Quality Control in Vietnam.

Circular No. 12/2023/TT-BGTVT amends and supplements certain Articles of Circular No. 13/2019/TT-BGTVT and Circular No. 41/2020/TT-BGTVT on ensuring civil aviation security. Specifically, this circular provides more detailed regulations on the use of biometric authentication in passenger management, as well as supplements new provisions related to the automatic border control system at airports.

Số hiệu42/2023/TT-BGTVT
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Construction
Người kýLê Anh Tuấn — Thứ trưởng
Cập nhật12/06/2026
NgànhTransport
Lĩnh vựcAviation
Ngày ban hành29/12/2023
Ngày áp dụng15/02/2024
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

Circular No. 12/2023/TT-BGTVT amends and supplements certain Articles of Circular No. 13/2019/TT-BGTVT and Circular No. 41/2020/TT-BGTVT on ensuring civil aviation security. Specifically, this circular provides more detailed regulations on the use of biometric authentication in passenger management, as well as supplements new provisions related to the automatic border control system at airports.

Đối tượng áp dụng

This Circular applies to enterprises providing air services, civil aviation security agencies, and relevant units in ensuring civil aviation security in Vietnam.

Các điểm cốt lõi

  • Amending and supplementing regulations on biometric authentication in passenger management.
  • Supplementing new regulations on the automatic border control system at airports.
  • Replacing and updating appendices related to ensuring civil aviation security.
  • Transitional provisions for airport terminal and air traffic control tower projects approved for design and construction before the Circular takes effect.
  • This Circular takes effect from February 15, 2024.

🌐 Tác động xã hội từ văn bản này

  • Enhancing the effectiveness of passenger management at airports.
  • Strengthening civil aviation security and safety.
  • Continuing to modernize the automatic border control system at Vietnamese airports.

❓ Câu hỏi thường gặp

Does this Circular completely replace Circulars No. 13/2019 and No. 41/2020?

No, this new Circular only amends and supplements certain Articles of the two aforementioned Circulars without completely replacing them.

What should enterprises do to implement this Circular?

Enterprises need to update and comply with new regulations on biometric authentication and the automatic border control system at airports as directed in this Circular.

When does this Circular take effect?

Circular No. 12/2023/TT-BGTVT takes effect from February 15, 2024.

Toàn văn

MINISTRY OF TRANSPORTI
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: 42/2023/TT-BGTVT

Hanoi, December 29, 2023

CIRCULAR

Amending and supplementing some articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019 issued by the Minister of Transport detailing the Civil Aviation Security Program and quality control of civil aviation security in Vietnam and Circular No. 41/2020/TT-BGTVT dated December 31, 2020 issued by the Minister of Transport amending and supplementing some articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019 detailing the Civil Aviation Security Program and quality control of civil aviation security in Vietnam.

29 March 2019 of the Minister of Transport detailing the

Civil Aviation Security Programme and quality control of civil aviation security in Vietnam and Circular No. 41/2020/TT-BGTVT dated December 31,

2020 of the Minister of

2020 Transport amending and supplementing some articles ofCircular No. 13/2019/TT-BGTVT dated March 29, 2019 detailing the

Civil Aviation Security Programme and quality control of civil aviation security

in Vietnam

aviation of Vietnam

_____________

 

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

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

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

Pursuant to Decree No. 93/2022/NĐ-CP dated November 7, 2022 of the Government on management and ensuring public order at air transport checkpoints;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE TRANSPORT DEPARTMENT AND THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION;

The Minister of Transport hereby promulgates this Circular amending and supplementing some articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019 issued by the Minister of Transport detailing the Civil Aviation Security Program and quality control of civil aviation security in Vietnam and Circular No. 41/2020/TT-BGTVT dated December 31, 2020 issued by the Minister of Transport amending and supplementing some articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019 detailing the Civil Aviation Security Program and quality control of civil aviation security in Vietnam.

Article 1. Amending and supplementing some articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019 issued by the Minister of Transport detailing the Civil Aviation Security Program and quality control of civil aviation security in Vietnam (hereinafter referred to as Circular No. 13/2019/TT-BGTVT) and Circular No. 41/2020/TT-BGTVT dated December 31, 2020 issued by the Minister of Transport amending and supplementing some articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019 detailing the Civil Aviation Security Program and quality control of civil aviation security in Vietnam (hereinafter referred to as Circular No. 41/2020/TT-BGTVT).

1. Amending and supplementing Article 5 of Circular No. 13/2019/TT-BGTVT which has been amended and supplemented by Clause 5, Clause 6 of Article 1 of Circular No. 41/2020/TT-BGTVT as follows:

"Article 5. Procedures for approving the program and regulations on civil aviation security, and accepting the civil aviation security program of foreign airlines
1. Enterprises and units with programs and regulations on civil aviation security shall submit one set of documents (in Vietnamese for Vietnamese enterprises, in English for foreign airlines) directly or through postal services or via electronic means to the Civil Aviation Administration of Vietnam. The documents include:
a) The original or electronic version of the application form according to the model prescribed in Appendix VI attached to this Circular;
b) The paper or electronic draft of the program and regulations on civil aviation security;
c) The paper or electronic table assessing the differences in the content of the civil aviation security program of the foreign airline from the provisions of Vietnamese law and measures to address such differences for the approval of the civil aviation security program of the foreign airline.
2. In case the documents are not complete as stipulated in Clause 1 of this Article, within three working days from the date of receipt of the documents, the Civil Aviation Administration of Vietnam shall send a letter directly or through postal services or via electronic means requesting the enterprise or unit to supplement the documents.
3. In case all required documents are received as stipulated in Clause 1 of this Article, within ten working days (for the approval and acceptance procedures of the program and regulations on civil aviation security) or five working days (for the approval and acceptance procedures of amendments and supplements to the program and regulations on civil aviation security) from the date of receiving all documents, the Civil Aviation Administration of Vietnam shall be responsible for reviewing the documents and conducting on-site inspections if necessary:
a) If an on-site inspection is required, the Civil Aviation Administration of Vietnam shall notify the enterprise or unit applying for approval in writing, specifying the reasons and time of the inspection within the administrative procedure processing period;
b) If the program and regulations on civil aviation security meet the conditions for approval and acceptance, the Civil Aviation Administration of Vietnam shall issue a decision to approve or accept (for the civil aviation security program of foreign airlines); the approval decision shall be sent directly or through postal services or via electronic means;

c) If the program and regulations on civil aviation security do not meet the conditions for approval and acceptance, the Civil Aviation Administration of Vietnam shall send a letter directly or through postal services or via electronic means specifying the reasons for non-approval and non-acceptance."

2. Amending and supplementing Article 17 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 17. Procedures for issuing new long-term security control cards for civil aviation airports of the Civil Aviation Administration of Vietnam and Airport Authorities
1. The requesting agency shall submit one set of application documents directly, through postal services, or via electronic means to the issuing authority. The application package includes:
a) An original or electronic version of the request letter according to the model prescribed in Appendix VI attached hereto, accompanied by a list of applicants according to the model at Appendix VII attached hereto;
b) A long-term security control card application form according to the model prescribed in Appendix VIII attached hereto (except for cases where police or customs officers work directly at the airport), with a color photograph measuring 04 centimeters x 06 centimeters affixed, if it is a paper copy, it must be stamped over the back (the photograph must be taken against a white background, with the head and shoulders straight so that the face occupies from 70% to 80% of the photo, not more than six months from the date of taking the photograph to the date of submitting the application);
c) A certified copy or a copy and presentation of the original for verification, or an electronic copy certified from the original or an electronic document proving the legal status, functions, and responsibilities of the enterprise, except in cases where the enterprise provides air or non-air services at the airport;
d) One color portrait photograph (for direct submission or submission through postal services) or a digitized color portrait photograph (for submission via electronic means) in accordance with point d, Clause 1 of this Article.
2. The issuing authority shall review and issue or refuse to issue the card as follows:
a) Within one working day from the date of receiving the application, if the application is incomplete according to the regulations, the issuing authority shall notify and request supplementary information according to the regulations;
b) Within seven working days from the date of receiving all necessary documents and the applicant fulfilling the payment obligation according to the regulations, if the conditions for issuing the card comply with the regulations, the issuing authority shall issue the card directly or through postal services; if the conditions for issuing the card do not comply with the regulations, the issuing authority shall notify in writing or on the electronic environment the requesting agency about the refusal to issue and specify the reasons;
c) In cases where the application is complete but requires clarification, within three working days from the date of receiving all necessary documents and the applicant fulfilling the payment obligation according to the regulations, the issuing authority shall notify in writing or on the electronic environment the reasons and matters requiring clarification.

Within four working days from the date of clarifying the application, if the conditions for issuing the card comply with the regulations, the issuing authority shall issue the card directly or through postal services; if the conditions for issuing the card do not comply with the regulations, the issuing authority shall notify in writing or on the electronic environment the requesting agency about the refusal to issue and specify the reasons."

3. Amend and supplement Article 18 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 18. Procedures for reissuing long-term security control cards for civil aviation airports of the Civil Aviation Administration of Vietnam and Airport Authorities
1. The requesting agency shall submit one set of application documents directly, through postal services, or via electronic means to the issuing authority. The application package includes:
a) In cases of reissuance due to expiration of the card's validity period, the application shall be carried out according to points a, c, and d of Clause 1 of Article 17 of this Circular;
b) In cases of reissuance due to the card still having validity but being blurred, damaged, or lacking security features, the application shall be carried out according to points a and c of Clause 1 of Article 17 of this Circular and the blurred, damaged, or security feature-lacking card must be returned;
c) In cases of reissuance due to loss of the card, the application shall be carried out according to points a and c of Clause 1 of Article 17 of this Circular and a statement explaining the time, place, and cause of the loss of the card, confirmed by the head of the agency or unit;
d) In cases of reissuance due to a change in position to another agency or unit, the application shall be carried out according to Clause 1 of Article 17 of this Circular; in cases of a change in position within the same agency or unit, the application shall be carried out according to point a of Clause 1 of Article 17 of this Circular.
2. The issuing authority shall review and issue or refuse to issue the card as follows:
a) Within one working day from the date of receiving the application, if the application is incomplete according to the regulations, the issuing authority shall notify and request supplementary information according to the regulations;
b) Within seven working days from the date of receiving all necessary documents and the applicant fulfilling the payment obligation according to the regulations, if the conditions for issuing the card comply with the regulations, the issuing authority shall issue the card directly or through postal services; if the conditions for issuing the card do not comply with the regulations, the issuing authority shall notify in writing or on the electronic environment the requesting agency about the refusal to issue and specify the reasons;
c) In cases where the application is complete but requires clarification, within three working days from the date of receiving all necessary documents and the applicant fulfilling the payment obligation according to the regulations, the issuing authority shall notify in writing or on the electronic environment the reasons and matters requiring clarification.

Within four working days from the date of clarifying the application, if the conditions for issuing the card comply with the regulations, the issuing authority shall issue the card directly or through postal services; if the conditions for issuing the card do not comply with the regulations, the issuing authority shall notify in writing or on the electronic environment the requesting agency about the refusal to issue and specify the reasons."

4. Amend and supplement Article 19 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 19. Procedures for issuing short-term security control cards for airports and airfields by the Civil Aviation Authority
1. The entity requesting the card shall submit one set of application documents directly or electronically to the Civil Aviation Authority. The application package includes: An original or electronic version of the request letter according to the model prescribed in Appendix VI issued together with this Circular, accompanied by a list according to the model prescribed in Appendix X issued together with this Circular.

2. Within no more than 60 minutes from the time of receiving all necessary documents and the applicant has fulfilled the fee payment obligation as prescribed, the Civil Aviation Authority shall review the application; if the conditions for issuing the card are met, the Civil Aviation Authority shall issue the card directly to the applicant; if the conditions for issuing the card are not met, the Civil Aviation Authority shall notify the applicant directly of the reasons.

5. Amend and supplement Article 20 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 20. Procedures for issuing new long-term security control cards for airports and airfields for airport enterprises
1. The requesting agency shall submit one set of application documents directly, through postal services, or via electronic means to the issuing authority. The application package includes:
a) A paper or electronic version of the list of staff applying for the card according to the model prescribed in Appendix VII issued together with this Circular;
b) A paper or electronic version of the Application Form for Long-Term Security Control Cards at Airports and Airfields according to the model prescribed in Appendix VIII issued together with this Circular, attached with a color photograph measuring 4 centimeters by 6 centimeters (if it is a paper version, it must be stamped across the back), taken against a white background with the head and shoulders straight so that the face occupies between 70% and 80% of the photo, not older than six months from the date of submission of the application;
c) One color portrait photograph (for cases submitted directly or through postal service) or a digitized color portrait photograph (for cases submitted electronically) according to the provisions of point b, Clause 1 of this Article.

2. Within five working days from the date of issuance of the card, the airport enterprise must send a list of persons who have been issued the card in writing according to the model prescribed in Appendix VII issued together with this Circular directly or through postal service or electronically to the Regional Civil Aviation Authority.

6. Amend and supplement Article 21 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 21. Procedures for reissuing long-term security control cards for airports and airfields for airport enterprises
1. The requesting agency shall submit one set of application documents directly, through postal services, or via electronic means to the issuing authority. The application package includes:
a) In case of reissue due to expiration of the validity period, the application procedures shall be carried out according to the provisions of Clause 1 of Article 20 of this Circular;
b) In case of reissue due to the card being blurred, damaged, or lacking security features while still within its validity period, the application procedures shall be carried out according to the provisions of points a and c of Clause 1 of Article 20 of this Circular, and the old card shall be returned;
c) In case of reissue due to loss of the card, the application procedures shall be carried out according to the provisions of points a and c of Clause 1 of Article 20 of this Circular, and a confirmation document from the head of the unit regarding the time, place, and cause of the loss of the card;
d) In case of reissue due to change of job position, the application procedures shall be carried out according to the provisions of points a and b of Clause 1 of Article 20 of this Circular.

2. Within five working days from the date of issuance of the card, the airport enterprise must send a list of persons who have been issued the card in writing according to the model prescribed in Appendix VII issued together with this Circular directly or through postal service or electronically to the Regional Civil Aviation Authority.

7. Amend and supplement Article 22 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 22. Procedures for issuing short-term security control cards for air cargo terminals and airports by air cargo terminal and airport enterprises
1. The entity requesting the card shall submit one set of application files directly, through postal services, or via electronic environment to the issuing authority. The application file includes: A paper or electronic list of staff members requesting the card according to the model prescribed in Appendix X issued together with this Circular.

2. Within no more than 60 minutes from the time of receiving complete application files as prescribed, the Civil Aviation Authority shall examine the application files and issue the card directly to the applicant; in case the card is not issued, the reasons shall be notified directly or on the electronic environment to the applicant.

8. Amend and supplement Article 23 of Circular No. 13/2019/TT-BGTVT which has been amended and supplemented by Clause 14, Article 1 of Circular No. 41/2020/TT-BGTVT as follows:

"Article 23. Procedures for issuing new long-term security control permits for air cargo terminals and airports by the Civil Aviation Authority, air cargo terminal and airport enterprises
1. The agency requesting the permit for the means of transport shall submit one set of application files directly, through postal services, or via electronic environment to the issuing agency. The application file includes:
a) An original or electronic version of the request document according to the model prescribed in Appendix VI issued together with this Circular, accompanied by a list of means of transport requesting the security control permit for air cargo terminals and airports according to the model prescribed in Appendix IX attached to this Circular;
b) A copy or an electronic copy (in case submitted via electronic environment) of the Safety Technical Inspection and Environmental Protection Certificate issued by the competent authority still in effect.
2. The issuing agency shall examine and issue or refuse to issue the permit as follows:
a) Within one working day from the date of receipt of the application file, if the application file is incomplete as prescribed, the issuing agency shall notify and request supplementary information according to the regulations;
b) Within seven working days from the date of receiving complete application files and the applicant fulfills the obligation to pay fees as prescribed, if the conditions for issuing the permit comply with the regulations, the issuing agency shall issue the permit directly or through postal services; if the conditions for issuing the permit do not comply with the regulations, the issuing agency shall notify in writing or on the electronic environment to the requesting agency about the refusal to issue and specify the reasons;
c) In case the application file is complete but requires clarification of contents, within three working days from the date of receiving complete application files and the applicant fulfills the obligation to pay fees as prescribed, the issuing agency shall notify in writing or on the electronic environment the reasons and contents requiring clarification.

Within four working days from the date the application file is clarified, if the conditions for issuing the permit comply with the regulations, the issuing agency shall issue the permit directly or through postal services; if the conditions for issuing the permit do not comply with the regulations, the issuing agency shall notify in writing or on the electronic environment to the requesting agency about the refusal to issue and specify the reasons;

3. Within five working days from the date of issuance, the air cargo terminal and airport enterprise must submit a list of means of transport requesting the long-term security control permit for air cargo terminals and airports in writing according to the model prescribed in Appendix IX issued together with this Circular directly, through postal services, or via electronic environment to the Regional Civil Aviation Authority.

9. Amend and supplement Article 24 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 24. Procedures for Reissuing Security Control Permits for Airports with Long-Term Validity by Civil Aviation Authorities and Airport Enterprises
1. The entity requesting the permit shall submit one set of application documents directly or through postal services or on an electronic environment to the issuing authority. The application includes:
a) Reissue due to expiration of the permit's validity period, according to the provisions of Clause 1, Article 23 of this Circular;
b) Reissue due to the permit still having validity but being blurred, damaged, or lacking security markings, according to the provisions of Point a, Clause 1, Article 23 of this Circular, and returning the blurred, damaged, or security-marking-deficient permit;
c) Reissue due to loss of the permit, according to the provisions of Point a, Clause 1, Article 23 of this Circular; the entity requesting the permit must have a confirmation letter from the head of the agency or unit regarding the time, place, and cause of the loss of the permit.
2. The issuing agency shall examine and issue or refuse to issue the permit as follows:
a) Within one working day from the date of receipt of the application file, if the application file is incomplete as prescribed, the issuing agency shall notify and request supplementary information according to the regulations;
b) Within seven working days from the date of receiving complete application files and the applicant fulfills the obligation to pay fees as prescribed, if the conditions for issuing the permit comply with the regulations, the issuing agency shall issue the permit directly or through postal services; if the conditions for issuing the permit do not comply with the regulations, the issuing agency shall notify in writing or on the electronic environment to the requesting agency about the refusal to issue and specify the reasons;
c) In case the application file is complete but requires clarification of contents, within three working days from the date of receiving complete application files and the applicant fulfills the obligation to pay fees as prescribed, the issuing agency shall notify in writing or on the electronic environment the reasons and contents requiring clarification.

Within four working days from the date the application is clarified, if the conditions for issuing the permit comply with the regulations, the issuing authority shall issue the permit directly or through postal services; if the conditions for issuing the permit do not comply with the regulations, the issuing authority shall notify in writing or electronically to the requesting entity about the non-issuance and specify the reasons.

3. Within five working days from the issuance date, the airport enterprise must send a list of vehicles requesting security control permits for airports with long-term validity, in writing according to the form prescribed in Appendix IX issued together with this Circular, directly or through postal services or on an electronic environment to the Regional Civil Aviation Authority.

10. Amend and supplement Article 25 of Circular No. 13/2019/TT-BGTVT as follows:

"Article 25. Procedures for Issuing Short-Term Security Control Permits for Airports by Civil Aviation Authorities and Airport Enterprises
1. The entity requesting the permit shall submit one set of application documents directly or on an electronic environment to the issuing authority. The application includes:
a) An original or electronic version of the request document according to the model prescribed in Appendix VI issued together with this Circular, accompanied by a list of vehicles requesting short-term security control permits for airports according to the model prescribed in Appendix IX issued together with this Circular;
b) A copy or electronic copy of the Safety and Environmental Protection Certification issued by the competent authority that is still valid.

2. Within a maximum of 60 minutes from the time of receiving all documents and the applicant has fulfilled the fee payment obligation as prescribed, the issuing authority shall review the application; if the conditions for issuing the permit are met, the reviewing authority shall issue the permit and deliver it directly to the applicant; if the conditions for issuing the permit are not met, the reviewing authority shall notify directly or electronically the reasons to the applicant.

11. Amend and supplement Clause 9 of Article 36 of Circular No. 13/2019/TT-BGTVT as follows:

"9. Customs police forces currently performing duties at airports may enter, exit, and operate in restricted areas when passing through aviation security checkpoints without removing their coats, hats, shoes, belts; people, documents, and equipment when passing through metal detectors do not need to undergo visual inspection. The inspection includes:
a) Personal items carried, except uniforms, documents, and equipment;

b) Vehicles and objects on the vehicle."

12. Amend and supplement Clause 9 of Article 38 of Circular No. 13/2019/TT-BGTVT which has been amended and supplemented by Clause 22 of Article 1 of Circular No. 41/2020/TT-BGTVT as follows:

"9. The road in front of the passenger terminal building and near the air traffic control tower must be at least 30 meters away from the terminal building and the air traffic control tower (except for internal vehicle roads, priority vehicles, official vehicles, and emergency service vehicles). Adjacent to the road in front of the passenger terminal building, motorcycle parking lots, and car parks in front of the passenger terminal building must be equipped with fixed or mobile barriers to prevent the use of vehicles to attack the terminal building and airport."

13. Amend and supplement Clause 1, Clause 2, and Point a Clause 7 of Article 41 of Circular No. 13/2019/TT-BGTVT as follows:

a) Amend and supplement Clause 1 of Article 41 as follows:

"1. Airlines are only permitted to accept transportation and allow passengers to board aircraft when meeting the following requirements:
a) Passengers have boarding passes and identity documents (or electronic identity information with equivalent legal value to identity documents) as prescribed in Appendix XIV issued together with this Circular; they have been checked and cross-referenced to ensure the consistency between the passenger and the documents (or electronic identity information with equivalent legal value to identity documents or biometric data of the passenger) and the flight.

b) Passengers and baggage have undergone aviation security checks."

b) Amend and supplement Clause 2 of Article 41 as follows:

"2. Passengers with checked baggage, except in cases stipulated in Clause 3 of this Article, must be present at the check-in counter to complete procedures. Check-in staff must verify and cross-reference passengers with boarding passes or tickets and identity documents (or biometric data of the passenger or electronic identity information with equivalent legal value to identity documents), interview passengers about their baggage; if there are doubts, they must report to the security supervisor at the security checkpoint. Checked baggage of each passenger must be processed separately, including passengers traveling in groups; joint processing for multiple people is not allowed."

c) Amend and supplement Point a Clause 7 of Article 41 as follows:

"a) Verify and cross-reference passengers' identity documents (or biometric data of the passenger or electronic identity information with equivalent legal value to identity documents) with paper or electronic boarding passes and passengers;"

14. Amend and supplement Clause 1 of Article 67 of Circular No. 13/2019/TT-BGTVT as follows:

"1. When passengers board the aircraft, the airline shall be responsible for organizing the verification and cross-checking of identity documents (or biometric data of the passenger or electronic identity information with equivalent legal value to identity documents) and the boarding pass of the passenger to ensure that the correct person boards the correct flight. The measures for verification must be detailed in the airline's aviation security program."

15. Amend and supplement Clause 3 of Article 70 of Circular No. 13/2019/TT-BGTVT as follows:

"3. In cases where the passenger is an officer or soldier accompanying a protected individual or an air security officer performing duties, they must complete the declaration form according to the model prescribed in Appendix XV attached hereto and submit the declaration form to the air transport service staff before boarding the aircraft, and bear responsibility for the safety of firearms, ammunition, and support tools carried along."

16. Amend and supplement Clause 4, Clause 5, Clause 6, and Clause 7 of Article 98 of Circular No. 13/2019/TT-BGTVT as follows:

a) Amend and supplement Clause 4 of Article 98 as follows:

"4. Application dossier for the first issuance of a permit, including:
a) The original or electronic version of the application form according to the model prescribed in Appendix VI attached to this Circular;
b) A copy presented with the original certificate or diploma relevant to the profession or submit a certified copy thereof for verification or submit an electronically certified copy thereof (in case of submission via an electronic environment) of the relevant certificate or diploma;

c) One color portrait photograph (for direct submission or through postal service) or digitized color portrait photograph (for submission via an electronic environment), size 3 centimeters x 4 centimeters (taken against a white background, head and shoulders straight so that the face occupies from 70% to 80% of the photograph, not more than six months from the date of photographing to the date of submission of the dossier)."

b) Amend and supplement Clause 5 of Article 98 as follows:

"5. Application dossier for reissuance of a permit that has expired, been lost, or damaged, including:
a) The original or electronic version of the application form according to the model prescribed in Appendix VI attached to this Circular;

b) One color portrait photograph (for direct submission or through postal service) or digitized color portrait photograph (for submission via an electronic environment), size 3 centimeters x 4 centimeters (taken against a white background, head and shoulders straight so that the face occupies from 70% to 80% of the photograph, not more than six months from the date of photographing to the date of submission of the dossier)."

c) Amend and supplement Clause 6 of Article 98 as follows:

"6. Application dossier for extension, supplementation, and restoration of qualifications, including:
a) The original or electronic version of the application form according to the model prescribed in Appendix VI attached to this Circular;
b) A copy or an electronically certified copy of the results of periodic training consistent with the qualification being extended or restored;

c) A copy presented with the original certificate or diploma relevant to the profession for verification or submit a certified copy thereof or an electronically certified copy thereof (in case of submission via an electronic environment) of the relevant certificate or diploma (in case of supplementation of qualifications)."

d) Amend and supplement Clause 7 of Article 98 as follows:

"7. Procedures for issuing permits and qualifications:
a) Within two working days from the date of receipt of the dossier, if the dossier is incomplete or the requesting agency has not paid the fee as prescribed, the Civil Aviation Administration of Vietnam shall respond in writing directly or through postal services or on an electronic environment regarding the missing contents, requiring the completion of the dossier or notifying the refusal to issue and stating the reasons;
b) The application dossier for the first issuance, reissuance of permits, extension, supplementation, and restoration of qualifications of aviation security personnel shall be submitted directly or through postal services or on an electronic environment to the Civil Aviation Administration of Vietnam and must bear responsibility for the truthfulness and accuracy of the information recorded in the dossier;

c) The Civil Aviation Administration of Vietnam shall be responsible for reviewing the dossier, organizing inspections, and issuing, reissuing permits, extending, supplementing, and restoring qualifications for aviation security personnel within a maximum of twenty working days for the first issuance, reissuance of expired permits, extension, supplementation, and restoration of qualifications; a maximum of seven working days for reissuance of lost or damaged permits from the date of receipt of the complete dossier as prescribed; the issued, reissued, extended, supplemented, and restored permits and qualifications shall be sent directly or through postal services to the enterprise having the personnel issued, reissued, extended, supplemented, and restored permits and qualifications; in cases where issuance, reissuance, extension, supplementation, and restoration of permits and qualifications are not granted, a written response must be provided stating the reasons."

17. Amend and supplement Clause 2 of Article 108 of Circular No. 13/2019/TT-BGTVT as follows:

"2. Must ensure the security and safety of persons, property, and activities of the tester and the tested subject during the testing process. If a secret test is discovered, the tester must immediately present the test decision together with the air security supervisor card or identity document with a photo or level 2 electronic identification account of the tester for the tested subject to know, the tested subject must cooperate and ensure the security and safety of persons, means, and objects under test."

18. Supplement Clause 13 and Clause 14 of Article 117 to Circular No. 13/2019/TT-BGTVT as follows:

a) Supplement Clause 13 of Article 117 as follows:

"13. Enterprises providing air passenger service shall coordinate with border gate police when implementing automatic entry-exit control and with related agencies, units, and enterprises in establishing, operating, and sharing biometric authentication and passenger information systems;"

b) Supplement Clause 14 of Article 117 as follows:

"14. Enterprises providing passenger terminal operation services:
a) For domestic flights: Shall take the lead and coordinate with related enterprises in establishing, operating, and sharing biometric authentication and passenger information systems at the terminal;

b) For international flights: Shall coordinate with border gate police when implementing automatic entry-exit control and with related agencies, units, and enterprises in establishing, operating, and sharing biometric authentication and passenger information systems at the terminal."

19. Supplement Clause 9 of Article 118 of Circular No. 13/2019/TT-BGTVT as follows:

"9. Coordinate with the Border Gate Police when implementing automatic entry and exit control systems and related agencies, units, and enterprises in establishing, operating, and sharing biometric authentication and passenger information systems."

Article 2. Replacing some Appendices issued along with Circular No. 13/2019/TT-BGTVT and Circular No. 41/2020/TT-BGTVT

1. Replace Appendix II issued along with Circular No. 13/2019/TT-BGTVT, which has been amended and supplemented at Clause 72, Clause 73, Clause 74, Clause 75, Article 1 of Circular No. 41/2020/TT-BGTVT, with Appendix I issued along with this Circular.

2. Replace Appendix VI issued along with Circular No. 13/2019/TT-BGTVT with Appendix II issued along with this Circular.

3. Replace Appendix VII issued along with Circular No. 13/2019/TT-BGTVT, which has been amended and supplemented at Clause 77, Article 1 of Circular No. 41/2020/TT-BGTVT, with Appendix III issued along with this Circular.

4. Replace Appendix VIII issued along with Circular No. 13/2019/TT-BGTVT, which has been amended and supplemented at Clause 78, Article 1 of Circular No. 41/2020/TT-BGTVT, with Appendix IV issued along with this Circular.

5. Replace Appendix IX issued along with Circular No. 13/2019/TT-BGTVT, which has been amended and supplemented at Clause 79, Article 1 of Circular No. 41/2020/TT-BGTVT, with Appendix V issued along with this Circular.

6. Replace Appendix X issued along with Circular No. 13/2019/TT-BGTVT with Appendix VI issued along with this Circular.

7. Replace Appendix XIV issued along with Circular No. 13/2019/TT-BGTVT, which has been amended and supplemented at Clause 82, Clause 83, Clause 84, Clause 85, Article 1 of Circular No. 41/2020/TT-BGTVT, with Appendix VII issued along with this Circular.

Article 3. Transitional Provisions

Airports and air traffic control tower projects approved for design and construction before the effective date of this Circular shall continue to be implemented according to Clause 9, Article 38 of Circular No. 13/2019/TT-BGTVT (amended and supplemented by Clause 22, Article 1 of Circular No. 41/2020/TT-BGTVT).

Article 4. Effective date

This Circular takes effect from February 15, 2024.

Article 5. Responsibilities for Implementation

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Directors of the Departments, the Director of the Civil Aviation Administration of Vietnam, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.

 

DEPUTY MINISTER
DEPUTY MINISTER

LE ANH TUAN
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Bản đồ quan hệ

42/2023/TT-BGTVT
Circular No. 42/2023/TT-BGTVT amending and supplementing certain Articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019, issued by the Minister of Transport detailing the Civil Aviation Security Program and Civil Aviation Security Quality Control in Vietnam, and Circular No. 41/2020/TT-BGTVT dated December 31, 2020, issued by the Minister of Transport amending and supplementing certain Articles of Circular No. 13/2019/TT-BGTVT dated March 29, 2019, detailing the Civil Aviation Security Program and Civil Aviation Security Quality Control in Vietnam.
In effect

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