Decision No. 62/2005/QD-BGTVT Issuing "Regulations on Air Security Control Cards and Permits for Use in Restricted Areas of Civil Aviation Airports"

DECISION OF THE MINISTER OF TRANSPORT

Issuing regulations on "Air Security Control Cards and Permits for Use in Restricted Areas of Civil Airports"

to be used for operations in restricted areas of civil airports

THE MINISTER OF TRANSPORTATION

Pursuant to the Civil Aviation Law of Vietnam dated December 26, 1991 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated April 20, 1995;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 11/2000/NĐ-CP dated May 3, 2000 of the Government promulgating the Civil Aviation Security Regulations;

Pursuant to the Civil Aviation Security Program issued together with Decision No. 04/2004/QĐ-BGTVT dated March 19, 2004 of the Minister of Transport;

stipulating on air cargo transportation and common aviation activities (hereinafter referred to as Circular No. 81/2014/TT-BGTVT dated December 30, 2014), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 issued by the Minister of Transport

DECISION:

Article 1. This Decision issues regulations on air security control cards and permits for use in restricted areas of civil airports.

Article 2. This Decision takes effect from July 1, 2006.

Abolish the regulations on air security control cards in the civil aviation sector issued together with Decision No. 2868/QĐ-CHK dated October 31, 1998 of the Director of the Civil Aviation Authority of Vietnam.

Article 3. The air security control cards and permits already issued under the regulations on air security control cards in the civil aviation sector issued together with Decision No. 2868/QĐ-CHK dated October 31, 1998 of the Director of the Civil Aviation Authority of Vietnam shall remain valid until June 30, 2006.

Article 4. The Heads of the Ministry's Office, Department Heads under the Ministry, Head of the Ministry's Inspectorate, Director of the Civil Aviation Administration, Heads of agencies, organizations, and individuals related to this Decision are responsible for its implementation./.

REGULATIONS

ON AIR SECURITY CONTROL CARDS AND PERMITS

FOR USE IN RESTRICTED AREAS

OF CIVIL AIRPORTS

(Issued together with Decision No. 62/2005/QĐ-BGTVT dated November 30, 2005)

of the Ministry of Transport)

Article 1. Scope of Regulation and Applicability

Article 1. These regulations govern matters concerning air security control cards issued to individuals and diplomatic missions, and air security permits issued to vehicles (hereinafter referred to collectively as cards and permits) for use in restricted areas within the perimeter fence of civil airports (hereinafter referred to collectively as restricted areas of civil airports); authority, conditions, procedures for issuing cards and permits; use of cards and permits; inspection, supervision, monitoring, and management of the issuance and use of cards and permits.

Article 2. These regulations apply to Vietnamese and foreign agencies, organizations, and individuals involved in the management, issuance, and use of cards and permits for operations in restricted areas of civil airports.

Article 3. Principles for using cards and permits in restricted areas of civil airports

Clause 1. Only individuals, diplomatic missions, and vehicles that have been issued cards and permits may operate in restricted areas of civil airports according to the areas specified on the cards and permits.

Clause 2. In emergency situations involving air rescue, personnel and vehicles of relevant agencies and units participating in emergency rescue operations are permitted to operate in restricted areas of civil airports without cards and permits. The heads of the agencies and units managing such personnel and vehicles are responsible for coordinating with airport security forces and protective forces of enterprises located in restricted areas of civil airports to monitor the activities of these personnel and vehicles.

Article 3. Types of cards, permits

1. Air transport security control cards include the following types:

a) Cards valid for multiple uses at one or more airports;

b) Cards valid for single use at one airport.

2. Air transport security control permits include the following types:

a) Permits valid for multiple uses at one or more airports;

b) Permits valid for single use at one airport.

Article 4. Templates for cards, permits

Templates for cards, permits are issued by the Director of the Civil Aviation Administration of Vietnam.

Article 5. Content of cards, permits

1. Multiple-use cards issued to individuals must contain the following information:

a) Card number;

b) Validity period of the card;

c) Name of the cardholder;

d) Position of the cardholder;

đ) Name of the organization or unit of the cardholder;

e) Photo of the cardholder;

g) Restricted areas permitted for operation;

h) Necessary information for users.

2. Multiple-use cards issued to diplomatic representative agencies must contain the following information:

a) Card number;

b) Validity period of the card;

c) Name of the diplomatic representative agency holding the card;

d) Restricted areas permitted for operation;

đ) Necessary information for users recorded on both sides of the card.

3. Single-use cards must contain the following information:

a) Card number;

b) Validity period of the card;

c) Restricted areas permitted for operation;

d) Necessary information for users.

4. Multiple-use permits must contain the following information:

a) Permit number;

b) Validity period of the permit;

c) Type of vehicle;

d) Vehicle registration number;

đ) Restricted areas permitted for operation;

e) Entrance gate, exit gate;

g) Name of the managing organization or unit of the vehicle.

5. Single-use permits must contain the following information:

a) Permit number;

b) Validity period of the permit;

c) Restricted areas permitted for operation.

Article 6. Scope and validity period of cards, permits

1. The scope of use of cards, permits at one or more civil airports is defined according to the alphabetical code at the beginning of the card or permit number. The convention regarding the scope of use for each type of card or permit is as follows:

a) Letter A is valid at all airports;

b) Letter B is valid at airports within the Northern Airport Cluster;

c) Letter T is valid at airports within the Central Airport Cluster;

d) Letter N is valid at airports within the Southern Airport Cluster;

đ) Letters QT are valid at international airports;

e) Letters ND are valid at domestic airports;

g) Three-letter code of an airport is valid at that airport.

2. Multiple-use cards issued to individuals in the civil aviation industry have a maximum validity period of two years; for those outside the civil aviation industry, the maximum validity period is one year. Multiple-use permits have a maximum validity period of one year.

3. The Civil Aviation Administration of Vietnam specifies the three-letter code of airports recorded on cards and permits.

Article 7. Restricted areas eligible for cards, permits

1. Restricted areas at airports include:

a) Isolation area: from passenger screening point or departure immigration checkpoint to aircraft exit door;

b) Area from aircraft door to arrival baggage conveyor belt;

c) Baggage claim area: from baggage conveyor belt to baggage inspection door;

d) Passenger terminal A;

đ) Flight zone, including apron, runway, taxiway, and safety strip;

e) Air traffic control tower;

g) Aircraft;

h) Aircraft maintenance area, cargo warehouse, catering facility, fuel depot.

2. The Director of the Civil Aviation Administration of Vietnam assigns symbols for each restricted area recorded on cards and permits.

3. Specific boundaries of restricted areas for each airport are defined by the General Manager of the Regional Airport Cluster.

Article 8. Authority to Issue Cards and Permits

1. The Civil Aviation Administration of Vietnam has the authority:

a) To issue multiple-use cards for Vietnamese citizens at airports specified in point a, đ, e, Clause 1, Article 6 of this Regulation;

b) To issue multiple-use cards for foreign individuals with diplomatic status and diplomatic missions at airports specified in points đ, g, Clause 1, Article 6 of this Regulation;

c) To issue multiple-use cards for foreign individuals not covered under point b, Clause 1, Article 8 of this Regulation at airports specified in point đ, Clause 1, Article 6 of this Regulation.

2. Regional airport clusters have the authority:

a) To issue multiple-use cards for Vietnamese citizens and foreigners, and diplomatic missions headquartered in their jurisdiction at airports specified in points b, c, d, g, Clause 1, Article 6 of this Regulation;

b) To issue single-use cards for airports within their jurisdiction specified in point g, Clause 1, Article 6 of this Regulation;

c) To issue permits with either multiple or single use at airports within their jurisdiction specified in points b, c, d, g, Clause 1, Article 6 of this Regulation.

3. In cases where one type of card falls under the issuing authority of two agencies, the agency that receives the application first shall have the authority to issue the card.

Article 9. Conditions for Issuing Cards and Permits

1. Individuals and diplomatic missions eligible for multiple-use cards must meet the following conditions:

a) They must have duties to operate in restricted areas of airports;

b) They must not have criminal records or be currently serving sentences for crimes endangering aviation security, nor be under indictment, wanted, or suspected of involvement in criminal activities;

c) For restricted areas specified in point e, Clause 1, Article 7 of this Regulation: in addition to the requirements set forth in points a and b, Clause 1, Article 9 of this Regulation, they must have duties to inspect and supervise aviation security and safety work and specific subjects as proposed by the Civil Aviation Management Center of Vietnam;

d) For restricted areas specified in point g, Clause 1, Article 7 of this Regulation: in addition to the requirements set forth in points a and b, Clause 1, Article 9 of this Regulation, they must have duties to inspect and supervise aviation security and safety work and specific subjects as proposed by domestic and foreign airlines.

2. Vehicles eligible for multiple-use permits must meet the following conditions:

a) They must have duties to operate in restricted areas of civil airports to support flight operations and VIP aircraft. Other cases require approval from the Director of the Civil Aviation Administration of Vietnam;

b) They must comply with safety, technical, and environmental protection requirements.

3. Individuals and diplomatic missions eligible for single-use cards must meet the condition set forth in point a, Clause 1, Article 9 of this Regulation. In cases where a single-use card is requested for operating in restricted areas specified in point e, Clause 1, Article 7 of this Regulation, approval from the Civil Aviation Management Center of Vietnam is required.

In cases where a single-use card is requested for operating in restricted areas specified in point g, Clause 1, Article 7 of this Regulation, approval from the airlines is required.

Article 10. Exchange, reissue of cards and permits

1. Cards and permits still within their validity period must be exchanged in the following cases:

a) Cards and permits are damaged;

b) The person or means of transport holding the card or permit changes their place of work, operational area, or the managing agency or organization.

2. Cards and permits must be returned in the following cases:

a) The managing agency or organization of the person or means of transport holding the card or permit no longer meets the conditions for issuance due to a change in function or mission;

b) Cards and permits have expired or need to be exchanged.

3. Procedures for reissuing cards and permits must be carried out if they are lost. When a card or permit is lost, the individual using it must submit a report; the managing agency or organization of the person or means of transport whose card or permit was lost must immediately notify the issuing authority in writing at the earliest time possible.

4. If the person, means of transport, or diplomatic representative agency wishes to continue obtaining cards or permits after their expiration, they must submit an application and follow the procedures for initial issuance.

Article 11. Application Documents for Issuance of Cards and Permits

1. Application documents for issuing multiple-use cards for Vietnamese and foreign nationals without diplomatic status include:

a) A request letter signed and stamped by the head of the agency or organization applying for the card;

b) An application form for the card applicant issued by the Civil Aviation Administration with one 4x6cm color photograph affixed and overlaid with a stamp, confirmed and signed by the head of the agency or organization; for foreigners, a copy of the passport must also be submitted;

c) A copy of the decision on establishment and functions of the agency or organization outside the civil aviation industry, signed by the authorized person; for other agencies or organizations, a notarized or certified copy of the establishment decision by the authorized body;

d) Documentation proving that the card applicant has not violated the provisions set forth in point b, Clause 1, Article 9 of this Regulation, including one of the following documents:

- For Vietnamese working in state agencies, organizations, or enterprises: confirmation letter from the head of the agency, organization, or enterprise;

- For Vietnamese not covered above: confirmation letter from the police station of the commune or ward;

- For foreigners: confirmation letter from the head of the agency or organization where the foreigner works or from the head of the agency or organization handling the entry formalities for the foreigner into Vietnam;

đ) In cases specified in point c, Clause 1, Article 9 of this Regulation, a list proposed by the Civil Aviation Management Center must be provided;

e) In cases specified in point đ, Clause 1, Article 9 of this Regulation, a list proposed by domestic or foreign airlines must be provided.

2. Application documents for issuing multiple-use cards for diplomatic missions and foreign nationals with diplomatic status include:

a) A request letter from the diplomatic mission;

b) An introduction letter from the Protocol Department of the Ministry of Foreign Affairs or the Provincial Department of Foreign Affairs for foreign nationals with diplomatic status;

c) An application form for the card applicant issued by the Civil Aviation Administration for foreign nationals with diplomatic status.

3. Application documents for issuing single-use cards include:

a) A request letter from the managing agency or organization of the card applicant signed and stamped by the head of the agency or organization;

b) National identity card, diplomatic identity card issued by the Ministry of Foreign Affairs, passport, or identification card of domestic or foreign airlines;

c) Approval document from the Civil Aviation Management Center when requesting a card to operate in restricted areas as specified in point e, Clause 1, Article 7 of this Regulation;

d) Approval document from the airline when requesting a card to operate in restricted areas as specified in point g, Clause 1, Article 7 of this Regulation.

4. Application documents for issuing single-use permits for welcoming and seeing off diplomatic delegations with state-level ceremonial reception include:

a) A request letter from the Protocol Department of the Ministry of Foreign Affairs or the Provincial Department of Foreign Affairs;

b) A list of vehicles requesting permits according to the model issued by the Civil Aviation Administration.

5. Application documents for issuing multiple-use permits include:

a) A request letter from the agency or organization owning or managing the vehicle signed and stamped by the head of the agency or organization;

b) A list of vehicles requesting permits according to the model issued by the Civil Aviation Administration confirmed and signed by the head of the agency or organization;

c) A notarized or certified copy of the Vehicle Registration Certificate and Safety, Technical, and Environmental Protection Certificate as stipulated in point b, Clause 2, Article 9 of this Regulation.

Article 12. Documents for Issuing, Reissuing, and Renewing Cards and Permits

1. The documents for requesting to renew cards and permits with multiple-use validity include:

a) A letter requesting renewal from the managing agency or organization of the person applying for card renewal or from the diplomatic representative agency, signed and stamped by the head of that agency or organization, clearly stating the reasons for renewal;

b) A letter requesting renewal from the owning or managing agency or organization of the means of transport, signed and stamped by the head of that agency or organization, clearly stating the reasons for permit renewal;

c) The previously issued card or permit which is still valid.

2. The documents for requesting to reissue cards and permits with multiple-use validity include:

a) A report on loss of the card or permit, confirmed and signed and stamped by the head of the managing agency or organization of the person applying for issuance, or the owning or managing agency or organization of the means of transport;

b) A letter requesting reissuance of the card from the managing agency or organization of the person applying for reissuance, signed and stamped by the head of that agency or organization;

c) A letter requesting reissuance of the permit from the owning or managing agency or organization, signed and stamped by the head of that agency or organization.

Article 13. Procedures for Issuing, Renewing, and Reissuing Cards and Permits

1. Cards and permits shall only be issued, renewed, or reissued when the competent authority has received complete and valid documents as stipulated in Articles 11 and 12 of this Regulation, and the applicant has paid the prescribed fees. Exemptions from payment of fees shall be implemented according to relevant laws.

2. Individuals or diplomatic representative agencies requesting cards and permits must submit their application documents to the competent authority specified in Article 8 of this Regulation. If the application documents for cards and permits are incomplete, invalid, or not within the jurisdiction of the receiving authority, such authority must notify the applicant within three working days from the date of receipt of the documents.

3. The competent authority receiving applications for issuing, renewing, and reissuing cards and permits within its jurisdiction is responsible for reviewing and evaluating the documents, determining civil airports, restricted areas of civil airports, and the validity period for issuing cards and permits.

4. In cases of reissuing cards and permits, the competent authority must notify in writing the relevant agencies and units where the cards and permits have usage value as stipulated in Clause 1, Article 6 of this Regulation.

5. Regional airport clusters authorized to issue cards and permits to foreigners and diplomatic representative agencies must notify in writing the Civil Aviation Administration of Vietnam before issuing cards and permits. In necessary cases, the competent authorities issuing cards and permits may request the police to verify the identity of non-diplomatic foreigners before issuing cards and permits.

Article 14. Validity Period for Issuing Cards and Permits

1. Cards and permits with multiple-use validity shall be issued within ten working days from the date of receiving complete and valid documents or from the date of receiving the results of supplementary verification by related police agencies for non-diplomatic foreigners. Single-use cards and permits shall be issued within sixty minutes from the date of receiving complete and valid documents.

2. Cards and permits for renewal as stipulated in Clause 1, Article 10 of this Regulation shall be issued within twenty-four hours from the date of receiving complete and valid documents.

3. Cards and permits requested to be reissued shall be issued within ten working days from the date the competent authority receives complete and valid documents.

4. In cases where cards and permits are not issued as stipulated in Clauses 1, 2, and 3 of this Article, the authority receiving the documents must notify the reasons to the individual or agency requesting the cards and permits.

Article 15. Use of Cards and Permits

1. Cards must be worn on the front of the outer shirt. Permits shall be affixed to the front inside of the driver's cabin window of the vehicle or hung in a visible position if there is no such window.

2. When operating in restricted areas, the person holding the card or the driver holding the permit shall be responsible for:

a) Adhering to security and safety regulations;

b) Being subject to control by aviation security forces and security personnel of agencies and enterprises;

c) Using the card or permit to perform tasks correctly, with the right person, vehicle, area, and time permitted;

d) Safeguarding and maintaining the card and permit.

3. Flight crew members may use cards issued by airlines to enter isolation areas and board aircraft if their names are listed on the flight roster and they are performing flight duties.

Article 16. Guidance, Inspection, and Supervision of Card and Permit Usage

1. Except for the cases specified in Clause 2 of this Article, the aviation security force at the airport shall be responsible for:

a) Inspecting and supervising persons and vehicles using multi-use cards and permits;

b) Guiding and supervising persons and vehicles using single-use cards and permits when operating in restricted areas (except for special aircraft service and aircraft accident or incident resolution);

c) Promptly identifying and handling violations.

2. The security force of agencies and enterprises located in restricted areas of the airport shall be responsible for:

a) Inspecting and supervising persons and vehicles using multi-use cards and permits within their premises;

b) Guiding and supervising persons and vehicles using single-use cards and permits within their premises;

c) Promptly identifying and handling violations.

3. At security checkpoints of airports and gates of agencies and enterprises located in restricted areas of the airport, the following documents must be posted:

a) Regulations on cards and permits;

b) Valid card and permit templates;

c) Lists of lost, revoked, or canceled cards and permits.

Article 17. Management of Card and Permit Issuance and Usage

1. The Civil Aviation Authority of Vietnam shall uniformly manage card and permit templates; stipulate management, reporting, and statistical procedures for issuance, reissuance, replacement, revocation, cancellation, and usage of cards and permits; and manage the issuance of multi-use cards granted by regional airport clusters to foreigners and diplomatic missions as specified in Point a, Clause 2, Article 8 of this Regulation.

2. Agencies and organizations that manage persons and vehicles holding cards and permits must manage their usage and report their usage when requested by the issuing authority.

3. When revoking or canceling cards and permits, the issuing authority must notify in writing the relevant agencies and units where the cards and permits have usage value as specified in Clause 1, Article 6 of this Regulation.

4. The issuing authority must retain application files for cards and permits according to the validity period of the issued cards and permits.

Article 18. Inspection and Audit of Card and Permit Issuance and Usage

1. The Civil Aviation Authority of Vietnam shall be responsible for regularly or randomly inspecting and auditing agencies, organizations, and individuals regarding card and permit issuance, management, and usage; promptly correcting and handling violations within its jurisdiction. Such inspections must comply with laws on inspection.

2. Regional airport clusters shall be responsible for regularly or randomly inspecting and auditing agencies, organizations, and individuals regarding card and permit management and usage; promptly correcting and handling violations within their jurisdiction.

||| Article 19. Violation Disposition

1. Organizations and individuals who violate regulations on card and permit issuance, management, and usage may be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation as provided by law.

2. The issuing authority has the right to refuse issuance or revoke and cancel cards and permits in the following cases:

a) Lending cards or permits;

b) Using cards or permits for unauthorized purposes; outside authorized areas or times;

c) Using cards or permits that are faded, torn, or illegible;

d) Violating security and safety regulations while operating in restricted areas;

đ) Losing cards or permits without timely notification;

e) Providing false information in application files for cards or permits; forging or tampering with cards or permits;

g) Failing to return cards or permits to the issuing authority upon changes in job positions or transfers between agencies or units;

h) Failing to properly report, statistically track, and manage cards and permits.

Article 20. Implementation

The Civil Aviation Authority of Vietnam shall be responsible for implementing, monitoring, and supervising compliance with this Regulation and annually reporting to the Ministry of Transport.

Article 21. Amendment and supplementation

The Civil Aviation Authority of Vietnam shall be responsible for submitting to the Minister of Transport for amendment and supplementation of this Regulation when necessary./.