Decree No. 81/2010/NĐ-CP on Civil Aviation Security

DECREE

On civil aviation security

__________________

THE GOVERNMENT

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

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Considering the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates measures to ensure civil aviation security; responses to illegal interference with civil aviation activities, maintaining social order and safety in areas of civil aviation activities; civil aviation security forces; service providers for civil aviation security; technical systems, equipment, devices for civil aviation security; funding for civil aviation security; responsibilities of relevant agencies, organizations, and individuals in ensuring civil aviation security.

Article 2. Applicability

This Decree applies to civil aviation activities in Vietnam and civil aviation activities carried out by Vietnamese organizations and individuals outside Vietnam's territory, unless otherwise provided by the laws of the host country.

Article 3. General Principles

1. Civil aviation security is a crucial task of the Vietnamese civil aviation sector aimed at protecting civil aviation operations from illegal interference, contributing to national security and maintaining social order and safety in areas of civil aviation activities.

2. Civil aviation security standards, technical regulations, measures, procedures, and processes must ensure maximum security for civil aviation operations while facilitating air transport activities and be consistent with international conventions on civil aviation to which Vietnam is a member.

3. Civil aviation security services are public utilities.

4. Airports operators, air navigation service providers, airlines, and aircraft operators must prepare and submit reports via mail or directly to the Ministry of Transport and the Civil Aviation Authority of Vietnam regarding any incidents or violations of civil aviation security within 48 hours from the time of occurrence.

5. Ministries, ministerial-level agencies, government-affiliated agencies, and related functional forces have the responsibility to effectively implement security measures for civil aviation as prescribed in this Decree; carry out operational tasks; resolve emerging issues based on respecting each other’s functions, duties, and authorities as prescribed by law.

Chapter II

MEASURES FOR PREVENTION AND ENSURING CIVIL AVIATION SECURITY

Article 4. Requirements for Ensuring Civil Aviation Security in the Construction and Renovation of Airports

1. Airports must have perimeter fencing, gates, patrol routes, security lighting systems, warning signs, technical systems, inspection and scanning equipment, emergency assembly points, bomb disposal shelters or areas suitable for handling hazardous materials, in accordance with civil aviation security requirements.

2. Airports must meet requirements for isolation, inspection, and monitoring of civil aviation security for passengers, baggage, cargo, letters, parcels, and packages.

3. New construction and renovation projects of airports and aviation infrastructure must undergo a design review for civil aviation security and national defense and security work within the airport area.

Article 5. Security Assurance for Restricted Areas

1. A restricted area is the area of an airport, airfield, and places where there are aviation facilities, equipment, and installations, where entry and activities must be subject to civil aviation security screening, inspection, surveillance, and protection to prevent and counteract illegal interference.

2. The establishment and protection of restricted areas at airports, airfields, and places with aviation facilities, equipment, and installations must be consistent with the purpose of ensuring civil aviation security and the nature of civil aviation operations without hindering people and means of transportation from entering, exiting, and operating normally within the restricted area; this is specified in the Civil Aviation Security Program of Vietnam.

3. People and means of transportation entering and exiting and operating in restricted areas must have a civil aviation security control card or a civil aviation security control permit issued by the Civil Aviation Administration of Vietnam and relevant Air Navigation Service Units, except for passengers boarding aircraft or emergency situations related to civil aviation security. The Civil Aviation Administration of Vietnam coordinates with relevant agencies regarding the issuance and use of civil aviation security control cards for staff of other state management agencies at airports and airfields.

4. The operator of the airport, airfield is responsible for organizing security forces to conduct patrols, guard duty, inspections, screenings, and surveillance of security in the restricted areas of the terminal and airfield under their management and operation to promptly prevent and respond to illegal interference and other violations of the law.

5. The agency or enterprise in charge of the restricted area is responsible for organizing and deploying security forces to conduct patrols, guard duty, inspections, screenings, and surveillance of security for the following restricted areas:

a) The area of the air traffic control tower;

b) The restricted area outside the terminal and airfield.

6. At joint-use military-civilian airports, military units are responsible for organizing protective forces within their management scope according to their functions and tasks; coordinating with civil aviation security forces to patrol, guard, and protect the adjacent area between the area used for civil aviation operations and the area used for military operations.

Article 6. Security Assurance for Public Areas within Airport Land

1. The operator of the airport, airfield establishes civil aviation security checkpoints, deploys civil aviation security personnel and appropriate equipment, organizes patrols and controls; maintains order in public areas within airport land; promptly detects and handles violations of the law, disturbances, unclaimed baggage, suspicious items, weapons, explosives, or other dangerous devices, substances.

2. Police units at locations with airports, airfields are responsible for deploying forces to patrol jointly with civil aviation security forces in public areas; promptly handle acts of disorderly conduct and violations of road traffic safety; combat criminal activities occurring in the public areas of the airport.

Article 7. Ensuring Security in the Surrounding Area

1. The People's Committee of the surrounding area shall be responsible for managing, educating, and disseminating regulations on aviation security and safety to residents in the surrounding area; promptly detecting and handling violations of airport clear zone safety, encroachment, illegal occupation, and damage to facilities and technical infrastructure ensuring flight operations within their jurisdiction.

2. Police forces at all levels in the surrounding areas of airports and airfields shall take the lead in coordinating with relevant agencies and organizations to develop and implement preventive measures against attacks and destruction of airports, airfields, and aircraft during takeoff and landing phases.

3. Police forces at the commune and ward level in the surrounding areas of airports and airfields shall take the lead in coordinating with civil aviation security forces and protective forces of related agencies and units to patrol the surrounding areas outside the airports and airfields to promptly detect and handle violations of the law.

Article 8. Security Screening, Scanning, and Monitoring of Civil Aviation Flights

1. Security screening refers to measures used to prevent the introduction of explosives, weapons, or other dangerous items that could be used to commit unlawful interference.

2. Security scanning is a form of security screening conducted through the use of technical equipment, animals, human senses, or other means to identify and detect weapons, explosives, or other dangerous devices and items.

3. Security monitoring involves using civil aviation security personnel and technical equipment to manage and track individuals and vehicles to detect, prevent, and deter acts that violate or indicate potential violation of civil aviation security.

4. Individuals, baggage, cargo, mail, parcels, articles, vehicles, and raw materials loaded onto aircraft shall be subject to direct security screening and monitoring by civil aviation security forces of the airport and airfield operator through appropriate methods.

Article 9. Ensuring Security for Passengers, Crews, and Baggage

1. Passengers may not carry or place in their carry-on baggage dangerous items when traveling by aircraft, except where permitted by competent state authorities.

2. Crews, departing passengers, transit passengers, connecting passengers, and their carry-on baggage must undergo security screening and scanning before boarding the aircraft; after screening, they must be isolated and continuously monitored until boarding. If there has been contact or mingling with persons who have not undergone screening and scanning, they must be re-screened and rescanned.

3. Checked baggage of departing and connecting passengers must be scanned at the security checkpoint at the airport or airfield; after scanning, it must be continuously monitored until loaded onto the aircraft. If checked baggage that has been scanned shows signs of unauthorized tampering, it must be rechecked.

4. Checked baggage loaded onto the aircraft but without accompanying passengers on the flight must be removed from the aircraft prior to departure, unless it is determined to be permissible checked baggage carried without passengers according to the provisions of the Civil Aviation Law of Vietnam and such baggage must be rechecked and rescanned.

5. Aircraft operators are only permitted to transport individual checked baggage items, whether or not accompanied by passengers, which have been scanned in accordance with applicable regulations and accepted for carriage by the carrier. Information about baggage must be updated and retained at the point of departure by the organization providing ground commercial services and reported to the aircraft operator for processing.

6. Airport and airfield operators are responsible for organizing civil aviation security forces to continuously conduct security screening, scanning, and monitoring of passengers, crews, and baggage loaded onto aircraft.

Article 10. Security Assurance for Goods, Letters, Parcels, and Packages

Clause 1. The port operator and airport manager shall be responsible for organizing civil aviation security forces to conduct inspections, X-ray screenings, and security surveillance of goods, letters, parcels, and packages at airports; conducting inspections, X-ray screenings, and security surveillance of goods, letters, parcels, and packages outside airports.

Clause 2. Goods, letters, parcels, and packages transported on aircraft must undergo X-ray screening before being loaded onto the aircraft; they must be subject to security surveillance until loaded onto the aircraft. In case signs of unauthorized interference are detected in goods, letters, parcels, and packages that have been screened, they must be rescreened.

Clause 3. Goods, letters, parcels, and packages transported on cargo aircraft must implement appropriate security control measures and protection from the time of acceptance until loading onto the aircraft.

Clause 4. Diplomatic mail bags and consular mail bags are exempt from civil aviation security inspection and screening. The opening and refusal to transport diplomatic mail bags and consular mail bags must comply with the provisions of the laws on diplomacy and consular affairs.

Article 11. Security Assurance for Meals, Spare Parts, Onboard Services, Aircraft Fuel, and Other Items Loaded onto Aircraft

Clause 1. Meals, spare parts, onboard service items, aircraft fuel, and other items loaded onto aircraft must implement appropriate security inspection measures; after inspection, they must be protected until loaded onto the aircraft.

Clause 2. The port operator and airport manager shall be responsible for organizing the implementation of security measures for meals, aircraft fuel, spare parts, onboard service items, and other items loaded onto aircraft according to the approved Civil Aviation Security Regulations and Program.

Article 12. Security Inspection and Search of Aircraft

Clause 1. Prior to each flight, the aircraft operator must either conduct or contract with civil aviation security forces to perform security inspections inside and outside the aircraft compartments to identify suspicious objects, weapons, explosives, or other dangerous devices, items, and substances.

Clause 2. When passengers leave the aircraft at any stopover point during the flight, the aircraft operator must inspect and confirm that passengers have not left luggage or any items on the aircraft.

Clause 3. Upon receiving information related to threats to aircraft security and safety, the aircraft operator must cooperate with civil aviation security forces at the airport to implement emergency plans, searches, and comprehensive inspections inside and outside the aircraft to identify suspicious objects, weapons, explosives, or other dangerous devices, items, and substances.

Clause 4. Passengers, baggage, and cargo may only board the aircraft and allow the aircraft to depart after confirming that there are no suspicious objects, weapons, explosives, or other dangerous devices, items, and substances on the aircraft.

Article 13. Protection of Aircraft

After completing security inspections and searches, aircraft must be protected to prevent unauthorized access and boarding until departure. The aircraft operator must implement appropriate measures to protect the aircraft when parked at the airport or at an off-airport parking area, and when the aircraft is in a repair shop or maintenance facility.

Article 14. Ensuring Security on Flights

1. During the flight time, the aircraft commander shall be responsible for ensuring security on the flight, implementing preventive measures, preventing, and responding to illegal interference, violations of aviation safety regulations, disruptive behavior, breaches of social order and public security, non-compliance with crew instructions as prescribed by law; handing over individuals who commit such acts to competent state agencies when the aircraft lands at the nearest airport.

2. Crew members shall be responsible for complying with the orders, commands, and management of the aircraft commander; implementing security measures and maintaining discipline on board the aircraft; cooperating with air security officers to resolve and handle cases of illegal interference during flights.

3. Air security officers shall be responsible for complying with the orders, commands, and management of the aircraft commander; proactively implementing preventive measures, detecting, preventing, and responding to illegal interference on board the aircraft; cooperating with crew members to resolve and handle cases of illegal interference during flights.

Article 15. Ensuring Security When Carrying Weapons and Support Tools on Board Aircraft

1. The following security personnel are permitted to carry weapons, support tools, and technical protective equipment on board aircraft on domestic flights of Vietnamese airlines:

a) Security guards when performing duties to protect Party and State leaders, international guests;

b) Air security officers performing security duties on flights.

2. Security escorts transporting suspects, defendants, prisoners, deported persons, extradited persons, persons arrested under arrest warrants, and persons refused entry may carry appropriate support tools on board aircraft when performing escort duties.

3. Persons carrying weapons and support tools as prescribed by law but not falling within the categories specified in Clauses 1 and 2 of this Article must deposit their weapons and support tools with the airline when checking in for the flight. The weapons and support tools must be in a safe condition. The aircraft operator must store the weapons and support tools in areas inaccessible to passengers throughout the flight.

4. Persons equipped with weapons and support tools must present the usage permit issued by a competent state agency to the civil aviation security representative when handling air travel procedures.

5. The aircraft commander must be informed of the name, seat number, and reason for allowing passengers to carry weapons and support tools on the flight; passengers carrying weapons and support tools on the same flight must inform each other of their seat positions. Cabin crew shall not provide stimulating beverages or alcohol-containing liquids to passengers carrying weapons and support tools on board the aircraft.

Article 16. Ensuring Security for Flights with Special Passengers

1. Special passengers are those whose transportation on flights poses potential threats to the security and safety of the flight, including passengers:

a) Disruptive passengers;

b) Individuals lacking control over their behavior;

c) Persons refused entry;

d) Suspects, defendants, prisoners, deported persons, extradited persons, persons arrested under arrest warrants.

2. Disruptive passengers are passengers:

a) Who fail to comply with the rules and instructions of aviation staff at airports or on board the aircraft;

b) Who cause disorder and disruption of discipline at airports or on board the aircraft;

c) Who spread false information to the extent that it threatens the safety and security of airports, aircraft in flight, or on the ground and passengers.

3. The following passengers must be escorted by authorized state agencies when transported:

a) Suspects, defendants, prisoners, extradited persons, persons arrested under arrest warrants;

b) Deported persons escorted according to the decision of a competent state agency.

4. Based on the nature and severity of the violation, the Civil Aviation Administration of Vietnam shall establish a list of persons prohibited from being carried for a limited period or permanently in the following cases:

a) Repeated offenses by passengers causing disruption as stipulated in Points a and b Clause 2 of this Article;

b) Passengers causing disruption as stipulated in Point c Clause 2 of this Article;

c) Individuals engaging in other forms of illegal interference in civil aviation activities;

d) At the request of a competent state agency.

5. The list of passengers prohibited from transportation as specified in Clause 1 of this Article shall apply to domestic flights and international flights departing from Vietnam operated by all Vietnamese and foreign airlines.

6. The Civil Aviation Administration of Vietnam shall consider and decide in cases where there are requests from foreign competent authorities regarding passengers prohibited from transportation.

Article 17. Refusal to Transport Passengers for Security Reasons

1. The airline has the right to refuse transportation of the following passengers when it cannot implement security measures to ensure the safety of the flight:

a) Passengers specified in points a, b, c Clause 1, Clause 2 Article 16 of this Decree;

b) Deported persons without escorts;

c) At the request of competent authorities of Vietnam or foreign countries.

2. When escorting suspects, defendants, prisoners, deported persons, extradited persons, or persons arrested under an arrest warrant through air transport, the escorting agency shall notify and provide the airline transporting them with their names, dates of birth; rank, position, unit of the escorted passenger; name, date of birth, permanent and temporary residence address of the escorted passenger; the order or decision on escort issued by the competent authority; at the same time, they shall reach a consensus with the airline transporting them regarding security measures during the escort process.

Article 18. Enhanced Levels of Civil Aviation Security Assurance

1. Security assurance measures will be strengthened when there is a high risk to civil aviation security, depending on the level of enhanced civil aviation security risk, which has three levels.

2. Level 1 is applied in the following cases:

a) There are significant political or social events in the country;

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

3. Level 2 is applied in the following case:

a) There is intelligence information about an illegal intervention plot against 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.

4. Level 3 is applied in the following cases:

a) There is intelligence information about an illegal intervention plot against civil aviation activities with specific locations, targets, and times;

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

Article 19. Decision to Apply Enhanced Levels of Civil Aviation Security Assurance

1. The Minister of Transport decides to apply or revoke enhanced civil aviation security assurance at Level 1 and Level 2 upon receiving intelligence information provided by competent authorities.

2. The Director of the Civil Aviation Authority of Vietnam decides to apply or revoke enhanced civil aviation security assurance at Level 3.

Article 20. Enhanced Measures for Civil Aviation Security Assurance

1. Enhanced civil aviation security assurance measures for each level must be specifically defined in the Civil Aviation Security Program of Vietnam.

2. Upon a decision to apply enhanced civil aviation security assurance, airport operators, airlines, and related agencies and units must immediately implement the enhanced measures applicable to that level.

Article 21. Ensuring the Effectiveness of Civil Aviation Security Assurance Work

1. The Civil Aviation Authority of Vietnam organizes testing, surveys, inspections, and audits to evaluate compliance with security regulations, measures, procedures, and processes by airport operators, aircraft operators, air service providers, and related organizations and individuals.

2. Those conducting tests, surveys, inspections, and audits of security must hold a Civil Aviation Security Inspector card issued by the Civil Aviation Authority of Vietnam. A Civil Aviation Security Inspector, when performing duties, must present the card, has the right to access restricted areas, aircraft, equipment, and aircraft; request the provision of information and documents to perform tasks; has the right to stop violations, prepare records, and confiscate relevant documents, cards, and licenses from violators.

3. Results of security tests, surveys, inspections, and audits must be analyzed and evaluated to identify threats to civil aviation security, and timely corrective measures must be taken.

4. Records and documents of security tests, surveys, inspections, and audits must be managed and stored systematically.

Chapter III

RESPONSIBILITIES OF RELATED AUTHORITIES AND ORGANIZATIONS

Article 22. Responsibilities of the Ministry of Transport

1. Implement state management over civil aviation security; issue policies, regulatory legal documents, administrative procedures, standards, and technical regulations in the field of civil aviation security within its authority or submit them for approval to competent authorities.

2. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and sectors in collecting information and assessing threats to Vietnam's civil aviation security; decide on measures to ensure civil aviation security within its authority.

3. The Minister of Transport shall specify detailed work on ensuring civil aviation security in the construction and renovation of civil airports; the dossier and procedures for issuing civil aviation security control cards and permits.

4. The Minister of Transport shall issue Circulars on the Civil Aviation Security Program of Vietnam and quality control of civil aviation security; Circulars on training, professional development, and civil aviation security instruction; authorize the Director of the Civil Aviation Authority of Vietnam to approve the Civil Aviation Security Programs of airport operators, aircraft operators, and contingency plans for illegal interference with in-flight aircraft; approve the Civil Aviation Security Programs of foreign airlines operating in Vietnam; publish a list of dangerous items not allowed to be carried on board aircraft.

5. The Ministry of Transport is responsible for preparing the budget for civil aviation security work as prescribed by law.

6. Direct the Civil Aviation Authority of Vietnam in civil aviation security work, anti-terrorism efforts, and responses to illegal interference with civil aviation activities; coordinate with relevant ministries and sectors to effectively implement the Civil Aviation Security Program of Vietnam and other legal provisions in the field of civil aviation security and international treaties to which the Socialist Republic of Vietnam is a party.

Article 23. Responsibilities of the Ministry of Public Security

1. Regularly and urgently exchange and provide information on political security situations, social order and safety; terrorist plots, methods, and criminal activities, especially information about illegal interference with civil aviation activities, to the Ministry of Transport (through the Civil Aviation Authority of Vietnam). Direct public security units under the Ministry of Public Security to cooperate with the Civil Aviation Authority of Vietnam in assessing risks and levels of threat to civil aviation operations.

2. Direct central and local public security units located at airports and airfields and facilities providing air navigation services to carry out the following tasks:

a) Report situations related to security, order, crime, and other violations of the law;

b) Develop plans to protect areas where airports and airfields and facilities providing air navigation services are located; implement preventive measures against crime;

c) Lead and coordinate with civil aviation security forces and aviation security guards to patrol and maintain social order and safety in the area; ensure security and safety in the vicinity of airports to prevent ground-based attacks on aircraft using weapons during takeoff and landing and violations of clear airspace;

d) Receive and handle crimes and violations related to security, order, and traffic safety according to the law;

đ) Organize, manage, and process entry and exit formalities for passengers and flight crew members on international flights; lead and coordinate in managing and supervising passengers refused entry;

e) Develop and implement emergency plans to respond to illegal interference with civil aviation activities within their scope of responsibility as prescribed by law.

3. Organize training, instruction, and guidance on professional aspects of implementing civil aviation security measures for civil aviation security forces, security personnel, and firefighting personnel in the civil aviation sector.

Article 24. Responsibilities of the Ministry of National Defense

1. Regularly and urgently exchange and provide information on terrorist plots, methods, and criminal activities of reactionary organizations, especially information about illegal interference with civil aviation activities, to the Ministry of Transport (through the Civil Aviation Authority of Vietnam). Direct military units under the Ministry of National Defense to cooperate with the Civil Aviation Authority of Vietnam in assessing risks and levels of threat to civil aviation operations.

2. Direct military units at airports and airfields to develop and implement emergency plans to respond to illegal interference with civil aviation activities within their scope of responsibility as prescribed by law.

3. Direct military units at shared-use airports to control access points from military-use areas to civil aviation-use areas; coordinate with civil aviation security forces to patrol, guard, and protect the area between civil aviation-use areas and military-use areas.

4. Coordinate with the aviation sector to implement civil aviation security measures for passengers, aircraft, cargo, mail, and parcels when civil aircraft operate in military zones.

Article 25. Responsibilities of the Ministry of Finance

Direct customs units at international airports to coordinate with civil aviation security forces during the inspection and control of luggage, goods, letters, postal items, and parcels to detect and prevent dangerous items from being illegally brought onto aircraft.

Article 26. Responsibilities of the Ministry of Interior

Take the lead and coordinate with the Ministry of Transport to establish a salary mechanism suitable for officials and employees who are full-time or part-time specialists in ensuring security within the transport sector, funded by the state budget.

Article 27. Responsibilities of local authorities

Local authorities where there are airports, airfields, or locations where equipment serving civil aviation activities is installed shall be responsible for coordinating with relevant agencies and units to protect property, maintain airspace safety, prohibit the release of objects into the air, maintain public order, and promote compliance with regulations on civil aviation security among the people; implement emergency plans to counteract illegal interference in civil aviation operations within their scope of responsibility and authority.

Article 28. Responsibilities of the Civil Aviation Authority of Vietnam

1. Develop and submit Circulars to the Minister of Transport for promulgation regarding the Civil Aviation Security Program of Vietnam and quality control of civil aviation security, training programs, and civil aviation security education and training.

2. Approve the Civil Aviation Security Programs of airport operators, aircraft operators, and emergency response plans for aircraft in flight subject to illegal interference, on behalf of the Minister of Transport; approve the Civil Aviation Security Programs of foreign airlines operating in Vietnam.

3. Approve security regulations for aviation service providers, organizational plans for civil aviation security forces of airport operators, air navigation service providers, and domestic airlines; issue, suspend, and revoke licenses for aviation security services; issue, extend, and suspend licenses for the operation of aviation security equipment; review standards and requirements for civil aviation security in the design, construction, and renovation of airports.

4. Issue or submit internal regulations to competent authorities for approval concerning technical systems and equipment for civil aviation security; organize inspections, issue permits, and certify professionals in civil aviation security; manage the issuance of security control cards and permit templates, and issue security surveillance officer cards.

5. Guide, inspect, monitor compliance with laws on civil aviation security by organizations and individuals involved in civil aviation activities; conduct surveys and security tests, and handle violations within their jurisdiction according to the law.

6. Direct and build a unified civil aviation security force capable of responding to illegal interference in civil aviation operations, maintaining social order in areas of civil aviation activity; appoint security surveillance officers to oversee compliance with civil aviation security laws.

7. Coordinate civil aviation security work; collect information, assess threats to civil aviation security in Vietnam; decide on the application of security standards, measures, procedures, and processes appropriate to the level of threat within their jurisdiction.

8. Coordinate with related agencies and units to effectively implement the Civil Aviation Security Program of Vietnam and other legal provisions in the field of civil aviation security and international treaties to which the Socialist Republic of Vietnam is a party.

9. Serve as the focal point for international cooperation on civil aviation security.

10. Direct airport authorities to perform their functions of inspecting and monitoring compliance with civil aviation security regulations at airports and airfields.

Article 29. National Civil Aviation Security Committee

1. The National Civil Aviation Security Committee is an inter-ministerial coordinating organization with the function of assisting the Prime Minister in directing ministries, sectors, and localities in civil aviation security work in Vietnam.

2. The Prime Minister decides to establish the National Civil Aviation Security Committee and specifies its functions, tasks, powers, members, and organizational structure.

3. The National Civil Aviation Security Committee has its own seal and separate account in accordance with the provisions of the law.

Article 30. Responsibilities of Other Organizations and Individuals

a) Guiding production, business, and service providers at airports to collect and treat wastewater to meet discharge requirements into the airport's wastewater treatment and drainage systems;

a) Develop the Civil Aviation Security Program for airport operators and airfields and implement it after approval;

b) Develop and implement emergency plans to respond initially to unlawful interference within their scope of responsibility as prescribed by law;

c) Organize the establishment of centralized and unified civil aviation security forces, arrange means, equipment, devices, and other necessary conditions to ensure civil aviation security, protect airports, and maintain public order at airports;

d) When designing, constructing, or renovating facilities within airports and airfields, they must meet the requirements and standards for civil aviation security;

e) Provide civil aviation security services at airports and outside airports;

2. Enterprises providing air traffic control services shall be responsible for:

a) Developing air traffic control contingency plans and aircraft handling procedures when in-flight unlawful interference occurs according to the overall emergency plan to respond to unlawful interference in civil aviation activities within their scope of responsibility and organize implementation after approval;

b) Organizing the establishment of civil aviation security forces, arranging means, equipment, devices, and other necessary conditions to ensure civil aviation security for their activities, and protecting air traffic service facilities;

3. Vietnamese airlines shall be responsible for:

a) Developing the Civil Aviation Security Program and implementing it after approval;

b) Implementing the emergency plan to respond to unlawful interference in civil aviation activities within their scope of responsibility as prescribed by law;

c) Arranging a minimum of two seats on each flight to transport security personnel upon request from the Ministry of Transport;

d) The cost of purchasing passenger tickets for civil aviation security personnel to perform their duties shall be paid by the dispatching agencies in accordance with the provisions of the law;

4. Foreign airlines regularly operating to and from Vietnam must submit to the Vietnamese Civil Aviation Administration the Civil Aviation Security Program approved by the competent authority of the country where the airline's headquarters or main business location is situated and implement it after approval;

5. Enterprises providing air services at airports shall develop Civil Aviation Security Regulations consistent with the Civil Aviation Security Program of airport operators and airfields and implement them after approval by the Director of the Vietnamese Civil Aviation Administration.

Chapter IV

RESPONSE TO UNLAWFUL INTERFERENCE

Article 31. Purpose, requirements, and guiding principles for dealing with illegal interference acts  

1. Proactively prevent, stop, and effectively deal with illegal interference acts to minimize their harmful consequences; prioritize ensuring human life safety; prioritize ensuring hostage safety and only use necessary violent measures when there are no other solutions.

2. Prioritize air traffic control and other necessary assistance for aircraft being subjected to illegal interference.

3. Maintain maximum normal operational capacity at locations where illegal interference acts occur.

4. Comply with Vietnamese laws, conform to the international Convention on Civil Aviation and related international treaties to which Vietnam is a party.

5. Implement the principle of "four on-site": on-site response plan; on-site forces; on-site equipment; on-site logistics support.

Article 32. Classification of illegal interference acts

1. Level 1 serious acts include:

a) Illegally seizing aircraft;

b) Illegally seizing and having the potential to use aircraft as weapons; using aircraft for bombing, spreading toxic substances, biological, chemical, and radioactive weapons;

c) Armed attacks on aircraft in flight (aircraft that have taken off from the ground and have not yet landed);

d) Organized armed attacks at civil aviation airports, airfields, facilities, and equipment serving flight operations;

đ) Seizing, causing riots, and terrorism at civil aviation airports, airfields, and service bases providing flight operation assurance;

e) Taking hostages on aircraft.

2. Level 2 serious acts include:

a) Illegally bringing bombs, mines, firearms, ammunition, biological, chemical, and radioactive weapons into aircraft, civil aviation airports, airfields, and service bases providing flight operation assurance;

b) Armed attacks on civil aviation security forces, airport security forces, and service bases providing flight operation assurance;

c) Taking hostages at civil aviation airports, airfields, and service bases providing flight operation assurance;

d) Threatening to place bombs, mines, biological, and chemical weapons on aircraft in flight;

3. Level 3 serious acts include:

a) Illegally bringing flammable materials, explosives, simple weapons, and ordinary items that can become dangerous materials for the purpose of making explosives and other hazardous items into aircraft, civil aviation airports, airfields, and service bases providing flight operation assurance;

b) Threatening to place bombs, mines, biological, and chemical weapons at civil aviation airports, airfields, and service bases providing flight operation assurance;

c) Acts of damaging aircraft, civil aviation airports, airfields, and service bases providing flight operation assurance;

d) Attacking civil aviation security forces and protection forces to illegally enter aircraft, civil aviation airports, airfields, and service bases providing flight operation assurance.

Article 33. Direct response to illegal interference acts

Direct responses to illegal interference acts affecting civil aviation operations shall be carried out in accordance with the Overall Emergency Response Plan for Dealing with Illegal Interference Acts issued by the Prime Minister.

Chapter V

CIVIL AVIATION SECURITY FORCES

Article 34. Scope of Operation of Civil Aviation Security Forces

The scope of operation of civil aviation security forces includes: civil airports, airfields; air navigation service provision facilities; aircraft; aircraft production, maintenance, repair facilities; aircraft equipment; cargo, mail, postal items, parcel processing facilities; other aviation service provision facilities.

Article 35. Organizational Structure of Civil Aviation Security Forces

1. Civil aviation security forces include:

a) Staff responsible for advising, inspecting, and supervising civil aviation security under the Vietnam Civil Aviation Authority and Airport Supervision Units.

b) Staff responsible for advising, inspecting, and supervising civil aviation security, and civil aviation security personnel under airport enterprises, air navigation service provision enterprises, and Vietnamese airlines.

2. Civil aviation security forces are organized uniformly and subject to the direction of the Vietnam Civil Aviation Authority; they are directly managed by the Vietnam Civil Aviation Authority, Airport Supervision Units, airport operators, air navigation service provision enterprises, and Vietnamese airlines.

3. Personnel within civil aviation security forces must be Vietnamese citizens aged 18 or older, in good health, with clear moral character and political background, and not addicted to drugs; they must comply with state agency inspections, checks, and supervision. Individuals with criminal records, drug addiction history, or current drug addiction shall not be recruited into civil aviation security forces. Those convicted of crimes, drug addiction, or other offenses shall be removed from civil aviation security forces.

4. Personnel belonging to civil aviation security forces must be issued a civil aviation security inspector card or a civil aviation security staff permit by the Vietnam Civil Aviation Authority according to the law to perform assigned tasks.

5. The organizational plan for civil aviation security forces of airport operators, air navigation service provision enterprises, and Vietnamese airlines must be submitted to the Vietnam Civil Aviation Authority for approval.

Article 36. Functions, Duties, Authorities, and Benefits of Civil Aviation Security Forces

1. Civil aviation security forces are specialized units responsible for ensuring civil aviation security as prescribed by law.

2. Civil aviation security forces have the following duties and authorities:

a) Advising, inspecting, and supervising civil aviation security;

b) Implementing measures to ensure civil aviation security;

c) Participating in preventing, detecting, stopping, and responding to illegal interventions in civil aviation activities, disruptive behaviors, and other violations of the law.

3. Civil aviation security staff who are injured or killed while on duty shall enjoy benefits and policies and be considered for recognition as war invalids or martyrs according to the law.

Article 37. Specific Duties and Authorities of Staff Responsible for Advising, Inspecting, and Supervising Civil Aviation Security

1. Specific duties and authorities of staff responsible for advising, inspecting, and supervising civil aviation security under the Vietnam Civil Aviation Authority and Airport Supervision Units include:

a) Advising on policies, measures, and regulatory legal documents concerning civil aviation security;

b) Inspecting and supervising organizations and individuals engaged in civil aviation activities to ensure compliance with civil aviation security regulations;

c) Preparing violation reports and proposing penalties according to the law;

d) Implementing certification, inspection, testing, and evaluation of equipment, devices, means, and personnel for civil aviation security according to applicable standards;

đ) Accessing and inspecting civil aviation security of aircraft, civil airports, airfields, aviation service provision facilities, structures, equipment, documents, means, and aviation personnel; inspecting and requiring organizations and individuals to present relevant documents, materials, or objects related to implementing civil aviation security measures;

e) Proposing the Civil Aviation Inspectorate and the Airport Supervision Unit Director to suspend flights due to civil aviation security reasons;

g) Performing the duties of a civil aviation security inspector to prevent threats to civil aviation security; preparing incident reports; being responsible for their decisions according to the law;

h) Receiving training, instruction, and professional development in civil aviation security.

2. Specific duties and authorities of staff responsible for advising, inspecting, and supervising civil aviation security under airport enterprises, air navigation service provision enterprises, and Vietnamese airlines include:

a) Advising on the establishment and implementation of regulations, policies, standards, programs, procedures, and measures to handle violations of civil aviation security by enterprises;

b) Conducting inspections and supervision of enterprise compliance with civil aviation security regulations;

c) Participating in training civil aviation security professionals for relevant entities within the enterprise;

d) Implementing enterprise inspections and supervision of contracted aviation security service providers;

đ) Receiving training, instruction, and professional development in civil aviation security.

Article 38. Specific duties and powers of civil aviation security personnel belonging to airport enterprises

1. Civil aviation security personnel belonging to airport enterprises include: security screening personnel, security control personnel, and mobile security personnel.

2. Civil aviation security personnel belonging to airport enterprises shall implement preventive measures, detect, prevent, and respond to illegal interventions in civil aviation activities at airports, with specific duties and powers as follows:

a) Inspect, screen, and monitor persons, baggage, goods, letters, parcels, packages, means of transport, and other items when entering restricted areas, boarding aircraft; control entry and exit, and activities of persons and means of transport in restricted areas; check and verify passenger boarding passes when processing passengers' procedures.

b) Monitor civil aviation security on aircraft parked before flights, in restricted areas; organize patrols, guard, protect, and control security and order in areas used for civilian operations. Closely coordinate with military units to patrol, control, and maintain security and order in shared areas used for military and civilian operations at airports.

c) Implement preventive measures, detect, and prevent acts threatening the health and lives of people, occupying premises, damaging aircraft, aviation equipment, disrupting order, stealing property, and other violations of the law at airports, on aircraft.

d) Inspect and supervise the transportation of weapons, support tools, flammable and explosive materials, and other dangerous items for persons carrying weapons into restricted areas of airports or boarding aircraft.

đ) Coordinate with competent agencies and units to search, defuse, and handle bombs, biological, chemical, radioactive weapons, apply measures to prevent disease outbreaks at airports, on aircraft; coordinate in handling luggage, goods, letters, parcels, packages, and other items containing dangerous items; participate in detecting smuggling and illegal transportation of people and objects.

e) When performing tasks within the defined scope of operation, they are permitted to inspect personal identification documents. Seize personal identification documents from individuals threatening civil aviation security; seize weapons, explosives, flammable substances, and other dangerous items brought illegally into airports; forcibly deal with individuals obstructing or deliberately opposing such seizures.

g) Prepare records for individuals threatening civil aviation security, disrupting order at airports, on aircraft, and transfer them to competent state authorities for legal handling; prevent or require airlines to refuse transportation for passengers who cannot control themselves or whose actions or statements threaten aviation safety and security.

h) Propose the Director of the Civil Aviation Authority, the Civil Aviation Inspectorate to suspend flights to prevent threats to civil aviation security.

i) Draft violation reports and propose penalties to individuals and competent state authorities, while immediately reporting to the Civil Aviation Authority.

k) Ensure civil aviation security at facilities handling goods, letters, parcels, and other aviation service facilities according to the law.

l) Protect the scene when incidents threatening civil aviation security or illegal interventions in aviation activities occur at airports.

m) Be trained, instructed, and provided with professional development in civil aviation security; be equipped and authorized to use weapons and support tools to perform tasks according to the law.

Article 39. Specific duties and powers of civil aviation security personnel belonging to air navigation service providers

1. Civil aviation security personnel belonging to air navigation service providers include: security screening personnel, security control personnel, and mobile security personnel.

2. The specific duties and powers of civil aviation security personnel belonging to air navigation service providers are as follows:

a) Implement preventive measures, detect, prevent, and respond to illegal interference with civil aviation operations, threats to the health and lives of individuals, damage to aviation equipment, disruption of order, theft, and other violations of the law at air navigation service providers; protect the scene when incidents threatening civil aviation security or illegal interference with air navigation service providers occur;

b) Conduct inspections and screenings as necessary, monitor the security of persons, means of transport, objects entering and exiting, and activities at air navigation service providers;

c) Organize patrols, guard duty, protection, and security control at air navigation service providers;

d) Seize identity documents from individuals threatening civil aviation security, seize weapons, explosives, flammable materials, and other dangerous items brought illegally into air navigation service providers; forcibly deal with individuals obstructing or deliberately opposing such seizures;

đ) Prepare records for individuals threatening civil aviation security or disrupting order at air navigation service providers and transfer them to competent state agencies for handling according to the law;

e) Draft violation reports and propose penalties for violators to relevant state agencies, while immediately reporting to the Civil Aviation Port Authority and the Vietnam Civil Aviation Administration;

g) Be trained, instructed, and provided with professional development in civil aviation security; be equipped and allowed to use weapons and support tools to perform their duties according to the law.

Article 40. Specific duties and powers of on-board security personnel and aircraft commanders of Vietnamese airlines

1. Participate in ensuring security during flights.

2. Participate in resolving and handling cases of illegal interference with aircraft in flight, including:

a) Aircraft commanders are permitted to temporarily detain, prepare records for individuals engaging in illegal interference with aircraft in flight, and transfer them to competent state agencies at the landing site for handling according to the law;

b) Seize weapons, explosives, flammable materials, and other dangerous items on aircraft in flight;

c) Seize identity documents from individuals engaging in illegal interference and other violations on aircraft in flight;

d) Forcefully deal with individuals obstructing or deliberately opposing such actions;

đ) On-board security personnel may be equipped and allowed to use weapons and support tools to prevent individuals engaging in illegal interference with aircraft in flight, where there is a threat to human life, on-board security personnel are not permitted to eliminate such individuals to protect the lives of passengers on aircraft in flight subject to illegal interference;

3. On-board security personnel shall be trained, instructed, and provided with professional development in civil aviation security; be equipped and allowed to use weapons and support tools to prevent and eliminate individuals engaging in illegal interference with aircraft in flight.

Article 41. Uniforms, insignia, rank badges, weapons, and security equipment of civil aviation security forces

1. Civil aviation security forces shall have their own uniforms, insignia, rank badges; they shall be equipped with weapons, security tools, and necessary equipment to perform tasks ensuring civil aviation security.

2. The Ministry of Transport shall take the lead and coordinate with the Ministry of Public Security to specify details regarding uniforms, insignia, rank badges, and the provision of weapons and security tools for civil aviation security forces.

Article 42. Civil Aviation Security Officer Permit

1. The civil aviation security officer permit is the formal confirmation by the competent authority that a civil aviation security officer has the necessary capabilities to carry out assigned tasks.

2. Civil aviation security officers directly performing tasks to ensure civil aviation security must hold a permit issued by the Vietnam Civil Aviation Authority.

Chapter VI

CIVIL AVIATION SECURITY SERVICES PROVIDERS; SECURITY EQUIPMENT AND DEVICES FOR CIVIL AVIATION

Article 43. Civil aviation security service providers at airports

1. Airport operators and airfield operators shall establish a unified system of civil aviation security service providers under their control.

2. Civil aviation security service providers must be granted an operation permit by the Vietnam Civil Aviation Authority.

Article 44. Requirements for technical systems, security equipment, and devices for civil aviation security

1. Technical systems, security equipment, and devices for civil aviation security include: X-ray machines, explosive detection and handling devices, metal detectors, surveillance cameras, intrusion detection devices, identification devices, security lighting systems, and other devices used in civil aviation security operations.

2. Airport operators, airfield operators, air traffic service providers, and air services providers must have appropriate technical systems, equipment, and devices necessary to fully implement preventive and response measures against unlawful interference within their scope of responsibility as stipulated in this Decree.

3. Technical systems, security equipment, and devices for civil aviation security at airports must ensure synchronization and uniformity, meeting professional standards and safety requirements for human health.

Article 45. Management and operation of technical systems, security equipment, and devices for civil aviation security

1. The Vietnam Civil Aviation Authority shall approve plans for the installation, operation, and use of technical systems, security equipment, and devices for civil aviation security at airports and airfields.

2. Technical systems and security devices for civil aviation security put into operation must have an operation and usage permit.

3. Units managing technical systems, security equipment, and devices for civil aviation security are responsible for developing and issuing operational and maintenance documentation for the systems and equipment; maintaining full technical standards and performance of the systems and equipment; when there are structural changes or major repairs, they must appropriately modify and supplement the documentation.

4. Repairs to technical systems, security equipment, and devices for civil aviation security can only be carried out at maintenance and repair facilities approved by the Vietnam Civil Aviation Authority, which must be closely monitored by the management unit.

5. Measuring instruments and calibration standards used for inspection, maintenance, and repair of technical systems, security equipment, and devices for civil aviation security must be inspected and calibrated according to legal regulations on measurement.

6. Video footage from cameras and X-ray machines must be properly stored for investigation purposes if necessary. Samples, records, operational logs, and maintenance documentation for technical systems, security equipment, and devices for civil aviation security must be retained and produced upon request.

Chapter VII

COSTS FOR CIVIL AVIATION SECURITY ASSURANCE

Article 46. Principles for budget allocation  

1. The funds for civil aviation security work shall be guaranteed from the state budget according to the current分级制度, enterprise funds, revenues from civil aviation security services, and other revenues as prescribed by law.

2. The annual budget plan for ensuring civil aviation security shall be developed in accordance with the provisions of the law.

3. The airline shall bear all costs associated with responding to unlawful interference incidents involving its aircraft.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 47. Effective Date

1. This Decree takes effect from September 8, 2010.

2. The Government Decree No. 11/2000/NĐ-CP dated May 3, 2000 on regulations for ensuring civil aviation security is hereby repealed.

Article 48. Implementation organization

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, relevant enterprises, and individuals are responsible for implementing this Decree./.