Decree No. 92/2015/NĐ-CP on Civil Aviation Security

DECREE

On aviation security

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

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;

At the proposal of the Minister of Transport,

The Government promulgates the Decree on aviation security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates measures for aviation security control; responses to illegal interference with civil aviation activities; aviation security control forces; infrastructure, equipment, devices, and means ensuring aviation security; funding for aviation security; responsibilities of organizations and individuals related to aviation security work.

Article 2. Applicability

This Decree applies to organizations and individuals engaged in civil aviation activities in Vietnam; Vietnamese organizations and individuals engaged in civil aviation activities outside Vietnam if the laws of the host country do not provide otherwise; Vietnamese and foreign organizations and individuals engaged in civil aviation activities in airspaces managed by Vietnam.

Special aircraft flights shall be implemented in accordance with the Government's Decree on special aircraft flight security assurance work.

Article 3. General Principles

1. Aviation security assurance is a significant task of the State, the Government, and the Vietnamese civil aviation industry aimed at protecting human lives and property in civil aviation activities; safeguarding aircraft and facilities, equipment at airports; responding to illegal interventions, contributing to national security and maintaining public order and social safety in civil aviation activity areas.

2. Aviation security standards, technical regulations, measures, procedures, and processes must ensure maximum security for all civil aviation activities while facilitating air transport operations and aligning with international civil aviation treaties to which the Socialist Republic of Vietnam is a party.

Aviation security assurance services are public utility services organized and provided by the Ministry of Transport.

4. Incidents and violations of aviation security regulations must be detected, prevented, handled, reported promptly and fully, and lessons learned analyzed to address any weaknesses or shortcomings.

5. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of such international treaties shall apply.

Article 4. Definitions

1. Aviation security control is a measure to ensure aviation security aimed at preventing and stopping illegal interference with civil aviation activities, protecting the safety of aircraft, passengers, crew members, ground personnel, property, and facilities, equipment of the aviation industry.

2. Aviation security inspection involves using individual or combined methods such as X-ray scanning, visual inspection, and other measures to identify, detect, and prevent violations or signs of violations concerning aviation security.

3. Aviation security screening involves using technical equipment or other methods to detect weapons, explosives, or dangerous items that could be used to commit illegal interference with civil aviation activities.

4. Aviation security surveillance involves using individual or combined methods involving people, animals, technical equipment to manage and monitor in order to detect and prevent violations or signs of violations concerning aviation security.

5. Aviation security search involves thoroughly checking each item and position of the subject being searched to detect and prevent weapons, explosives, or dangerous devices and items to eliminate threats to aviation security. Aviation security searches are conducted by authorized persons.

7. Airport and airfield aviation security control card is a document confirming the person's permission to enter and operate in restricted areas related to airports and airfields.

8. Airport and airfield aviation security control permit is a document confirming the vehicle's permission to enter and operate in restricted areas related to airports and airfields.

9. Crew identification card is a document confirming and allowing crew members of an airline to enter restricted areas related to airports and airfields to perform flights.

10. Internal aviation security control card is a document confirming the person's permission to enter and operate in restricted areas specific to units and enterprises at airports and airfields and places with aviation facilities, equipment.

11. Internal aviation security control permit is a document confirming the vehicle's permission to enter and operate in restricted areas specific to units and enterprises at airports and airfields and places with aviation facilities, equipment.

Chapter II
AVIATION SECURITY CONTROL

Article 5. Security and Defense Protection in Civil Aviation Activities

1. Specialized agencies responsible for security and defense shall organize and implement preventive measures, prevent, and combat activities that infringe upon security and defense at civil airports, airfields, and aviation industry facilities to ensure aviation security in accordance with laws on national security, defense, public security, anti-terrorism, and other related laws.

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

3. The police agency shall deploy operational measures, proactively prevent, detect, and combat criminal offenses and violations of laws concerning social order and safety, public order at civil airports, airfields, and aviation industry facilities.

Article 6. Establishment and Protection of Restricted Areas

1. Civil airports, airfields, and places with aviation works, equipment, and devices must establish restricted areas. The establishment of restricted areas must be consistent with the purpose of ensuring aviation security, the nature of civil aviation activities, and not hinder people's entry, exit, and normal operations within the restricted area.

2. People and vehicles entering, exiting, and operating within restricted areas must have an aviation security control card or an aviation security and safety supervisor card issued by authorized agencies or units, except in cases where they are passengers boarding aircraft or in emergency situations at the airport.

3. People and vehicles entering, exiting, and operating within restricted areas must undergo continuous aviation security checks, screening, and surveillance; in necessary cases as prescribed, they must undergo aviation security searches, except in emergencies.

4. Restricted areas must be patrolled, guarded, and protected by aviation security control forces, and appropriate security measures must be implemented.

5. For military areas adjacent to restricted areas at shared-use airports, military forces shall coordinate with aviation security control forces to organize patrols, guarding, and protection duties.

6. For dedicated airports, the airport operator or aircraft operator shall organize patrols, guarding, and protection duties for the airport.

Article 7. Protection of Public Areas within Airports

1. Aviation security control forces at airports shall set up checkpoints, organize patrols, inspections, and maintain order in public areas within airports; promptly detect and handle violations according to the law, public order violations, unclaimed baggage, persons or objects showing signs of threatening aviation security and safety.

2. Aviation security control forces shall be responsible for coordinating with police forces to organize joint patrols and guarding to maintain and ensure social security and order in public areas within airports.

Article 8. Protection of Areas Adjacent to Airports and Other Aviation Infrastructure

1. People's Committees at all levels where there are airports, airfields, and other aviation infrastructure shall be responsible for managing the area, promptly detecting and handling acts threatening aviation security and safety; developing and implementing plans to prevent and stop acts of rioting, looting airports, airfields, and other aviation infrastructure, and attacks on aircraft during takeoff and landing phases.

2. Police stations at the commune or village level where there are airports, airfields, and other aviation infrastructure shall lead and coordinate with aviation security control forces and protective forces of relevant agencies and units to patrol the areas adjacent outside airports, airfields, and other aviation infrastructure to promptly detect and handle acts threatening aviation security and safety.

Article 9. Air Security Search

1. The air security control forces at the airport's management area shall conduct an air security search when necessary in accordance with the provisions of the law.

2. The air security search shall be carried out on aircraft, passengers, flight crew members, baggage, cargo, and mail on board the aircraft if there is information that dangerous items have not been detected or identified during pre-flight screening procedures.

3. In cases where a person on board the aircraft makes threatening statements regarding the safety of the flight, an air security search shall be conducted on the aircraft, the person making the statement, and their baggage.

4. An air security search shall be conducted during air security checks, screenings, and surveillance of passengers, flight crew members, service personnel, other related persons, baggage, cargo, mail, and means of transport if signs of or information about threats to the security and safety of the flight are discovered.

5. If a person at the screening checkpoint or in restricted areas makes threatening statements regarding the safety of the flight, an immediate air security search shall be conducted on the person making the statement and their baggage and belongings.

6. If unidentified baggage or items without known owners or managers are found at airports and other restricted areas, an immediate air security search shall be conducted on such baggage and items.

7. An air security search shall not be conducted on individuals entitled to inviolability of the body under the provisions of the law.

Article 10. Provisions on Air Security Searches

1. The authority to decide on conducting air security searches, the subjects, and the scope of the searches include:

a) The head of the air security control force at the airport for the cases stipulated in Article 9 of this Decree;

b) The head of the air security screening department at the airport for the cases stipulated in Clause 3 and Clause 4 of Article 9 of this Decree;

c) The head of the air security control and mobile security department at the airport for the case stipulated in Clause 5 of Article 9 of this Decree.

3. The air security control forces at the airport directly carry out air security searches. The relevant airline has the responsibility to assign technical staff to participate and advise during the air security search process.

4. For searches involving people, it must ensure that male officers search males and female officers search females.

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

Article 11. Air Security Control of Aircraft and Aircraft Operation

1. Before each flight, the aircraft operator must organize internal and external security checks on the aircraft to detect dangerous items, suspicious persons, and objects.

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

3. The air security control forces at the airport must organize appropriate monitoring and protection of the aircraft while it is parked at the airport. At dedicated airports without air security control forces or when the aircraft is parked outside the airport, the aircraft operator is responsible for checking, monitoring, and protecting the aircraft, preventing unauthorized persons or items from being brought onto the aircraft.

4. Aircraft repair and maintenance facilities must organize air security monitoring and protect the aircraft throughout the repair and maintenance process at the facility.

5. The air security control forces of Vietnamese airlines must organize the supervision of compliance with air security regulations; assess the compliance with air security standards of airports, related aviation service enterprises; conduct appropriate security checks on passengers, baggage, and cargo for the operation of aircraft outside airport areas.

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

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

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

9. If state agencies determine that the flight may involve illegal interference or upon request of the country to which the aircraft is flying, onboard security personnel must be assigned to the flight.

10. Onboard security personnel belong to the organizational structure of the Ministry of Public Security. The cost of assigning onboard security personnel to flights is borne by the aircraft operator.

11. Onboard security personnel are equipped and authorized to use appropriate weapons and support tools; they are under the general command of the aircraft commander. In cases of illegal interference on the flight, onboard security personnel act according to the Rules issued by the Minister of Public Security.

Article 12. Air security control for flight crews, passengers, and baggage

1. Flight crews, passengers departing, transiting, connecting, and baggage must be checked for boarding documents, undergo air security screening and scanning before boarding; after screening and scanning, they must be isolated and continuously monitored until boarding. In cases where persons or baggage that have undergone air security screening come into contact with or are mixed with those who have not been screened or checked-in baggage shows signs of unauthorized interference, they must be re-screened and scanned.

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

3. Checked baggage loaded onto an aircraft without the accompanying passenger on the same flight must be removed from the aircraft prior to departure, unless it is determined to be permissible checked baggage that does not accompany the passenger according to the provisions of the Civil Aviation Law of Vietnam. Information data about checked baggage transported without accompanying passengers must be updated and retained by the aircraft operator within the prescribed time limit.

4. Lost or misaddressed baggage must be subject to air security screening before being placed in storage areas and before being returned to the aircraft.

5. Air security control forces at airports organize the implementation of air security control measures as stipulated in Clauses 1, 2, and 4 of this Article.

For commercial aviation operations at dedicated airports, the aircraft operator is responsible for organizing the implementation of air security checks for flight crews, passengers, baggage, and objects on board, as well as other air security control measures.

Article 13. Air security control for cargo and mail

1. Cargo and mail transported by air must be subject to continuous air security screening and monitoring before being loaded onto the aircraft; if cargo or mail that has been scanned shows signs of unauthorized interference, it must be re-screened and rescanne

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

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

4. The transportation of dangerous goods must comply with legal regulations and conditions for the air transportation of dangerous goods set forth by the International Civil Aviation Organization.

5. Air security control forces at airports organize the implementation of air security assurance measures as stipulated in Clause 1 and Clause 3 of this Article.

Article 14. Air security control for meals, spare parts, service items on flights, aircraft fuel, and other items loaded onto aircraft

1. Enterprises providing meals, spare parts, service items on flights, and aircraft fuel are responsible for organizing the implementation of air security control measures for meals, aircraft fuel, spare parts, and service items on flights at their facilities.

2. Meals, spare parts, service items on flights, aircraft fuel, and other items must undergo appropriate air security checks when entering restricted areas and being loaded onto aircraft; they must also be continuously monitored by air security control forces at airports.

Article 15. Transporting and Carrying Weapons and Auxiliary Tools on Aircraft

1. It is not permitted to carry weapons and auxiliary tools onto the passenger cabin of aircraft, except for the following cases:

a) Security officers tasked with protecting protected individuals according to the law on security, and airline security personnel performing security duties on domestic Vietnamese airline flights, as stipulated in the Regulation issued by the Minister of Public Security;

c) Legal protection personnel carrying weapons on foreign special aircraft flights upon permission from the competent authority of the Ministry of Public Security;

d) Custody officers are allowed to carry appropriate auxiliary tools onto the aircraft when executing the task of escorting suspects, defendants, convicts, deported persons, extradited persons, persons arrested under arrest warrants, and persons refused entry.

2. The aircraft commander must be informed of the name, seat location, type of weapon, and auxiliary tool of those authorized to carry weapons and auxiliary tools on the flight; those carrying weapons and auxiliary tools on the same flight must inform each other of their seating positions. Individuals carrying weapons and auxiliary tools on the aircraft are not allowed to consume alcoholic beverages or stimulants throughout the flight and are responsible for maintaining weapons and auxiliary tools in a safe state.

3. Subjects not covered by Points a, b, and c of Clause 1 of this Article are permitted to process procedures for consigning weapons and auxiliary tools for transport according to the flight, in accordance with the laws governing the management and use of weapons, explosives, and auxiliary tools.

When processing the acceptance of transportation, the aircraft operator must ensure that weapons and auxiliary tools are in a safe state, store weapons and auxiliary tools in locations inaccessible to passengers throughout the flight, in compliance with relevant legal regulations.

4. Those authorized to carry weapons and auxiliary tools into the passenger cabin, and those consigning the transport of weapons and auxiliary tools, must present valid permits for using weapons and auxiliary tools issued by the competent state authority.

Article 16. Transporting Potential Threats to Aviation Security

1. Potential threats to aviation security include:

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

b) Persons refused entry but unwilling to return to their home country;

c) Suspects, defendants, convicts, deported persons, extradited persons, and persons arrested under arrest warrants.

2. Individuals specified in Clause 1 of this Article are not provided with alcoholic beverages or stimulants throughout the flight; the flight crew must continuously monitor throughout the flight and apply additional necessary measures.

4. When transporting individuals specified in Point b of Clause 1 of this Article back to their home country, airlines must arrange for security personnel to escort them on the flight.

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

Article 17. Refusal to Transport Passengers for Security Reasons

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

1. Passengers specified in Point a Clause 1 Article 16 of this Decree.

2. Cases where the requirements set forth in Clause 3 Article 16 of this Decree are not met.

3. Cases where passengers are refused entry but do not voluntarily return to their home country without being transported into Vietnam by the airline.

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

Article 18. Prohibition on Air Transportation

1. A prohibition on transportation for a period of three to twelve months shall be imposed on the following subjects:

a) Passengers causing disturbances;

b) Failure to comply with administrative penalty decisions in the field of civil aviation;

c) Making statements threatening the use of bombs, mines, explosives, explosive materials, radioactive substances, biological weapons in areas for check-in procedures, isolation zones, airports, on aircraft;

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

đ) Using fake documents to board aircraft;

e) Engaging in acts violating public order and discipline at civil airports, airports, on aircraft.

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

a) Subjects who have been processed but still violate one of the acts stipulated in Clause 1 of this Article;

b) Persons engaging in illegal interference with civil aviation activities as provided in Points đ, e, g, and h Clause 2 Article 190 of the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam.

3. A permanent prohibition on transportation shall be imposed on the following cases:

a) Subjects who have been processed but still violate one of the cases mentioned in Clause 2 of this Article;

b) Persons engaging in illegal interference with civil aviation activities as provided in Points a, b, c, and d Clause 2 Article 190 of the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam;

c) Seizing control, causing riots at civil airports, airports, and air traffic service facilities.

Article 19. Collection of Information and Assessment of Security Threats to Aviation

1. The collection, analysis, and assessment of information on illegal interference with civil aviation activities, methods, and means of threatening aviation security must be established between relevant agencies of the Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Finance.

2. The aviation security control system must be improved and upgraded to promptly respond to threats to aviation security.

Article 20. Enhanced Aviation Security Control

1. When there is a high risk to aviation security, enhanced aviation security measures are implemented at three levels, including Level 1, Level 2, and Level 3.

2. Level 1 is applied in the following cases:

a) There are significant political and 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 a plot to illegally interfere with 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 verified information about a plot to illegally interfere with civil aviation activities with specific locations, targets, and times;

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

6. Enhanced aviation security measures for each level must be specifically defined in Aviation Security Programs and Regulations.

Article 21. Control of aviation security documents

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

Article 22. Internal Security Control for Aviation Personnel

1. Enterprises managing and using aviation personnel must issue internal security control regulations, including measures to verify and periodically conduct background checks on aviation personnel when hiring, applying for licenses, determining professional qualifications, and during the performance of their duties.

3. The Ministry of Public Security's security agency is responsible for conducting background checks on foreign aviation personnel.

Article 23. Protection of Specialized Aviation Information Systems

1. Agencies and units managing specialized aviation information systems must implement protective measures against unauthorized access, interference, and illegal use that may compromise civil aviation safety and steal information.

2. Specialized aviation information systems subject to protection include:

a) Information systems supporting air traffic management operations;

b) Departure control systems;

c) Booking and passenger check-in systems;

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

e) Command and control systems, specialized telegraph systems;

f) Airline database systems and other information technology systems where unauthorized intervention would compromise aviation safety.

3. Airlines have the responsibility to keep passenger personal information confidential; such information may only be used for the airline's operational purposes and provided to authorized state agencies upon request.

Article 24. Propaganda for Ensuring Aviation Security

1. Agencies and units within the aviation sector have the responsibility to promote, disseminate, and educate staff and employees about compliance with aviation security regulations; organize propaganda through mass media regarding aviation security regulations.

2. Local authorities where airports are located have the responsibility to promote and disseminate awareness among nearby residents about compliance with aviation security regulations.

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

Article 25. Air Transport Security Quality Control

1. Air transport security quality control is the activity of inspecting and evaluating the implementation of security measures for air transport in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member; conducting inspections, examinations, surveys, tests, assessments, and investigations on compliance with legal provisions on air transport security for agencies, organizations, and individuals involved in civil aviation activities; managing risks related to air transport security.

Chapter III
RESPONSE TO ILLEGAL INTERFERENCE

Article 26. Purpose, Requirements, and Principles for Dealing with Illegal Interference

1. Actively prevent and effectively counter illegal interference, minimizing consequences and harm as much as possible when such interference occurs; prioritize ensuring human life safety; prioritize ensuring the safety of hostages' lives and only use necessary armed measures when there are no other ways to resolve the situation.

2. Prioritize flight operations and other necessary assistance for aircraft under illegal interference.

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

4. Comply with Vietnamese laws, consistent with the Convention on International Civil Aviation and related international treaties to which the Socialist Republic of Vietnam is a member.

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

Article 27. Measures for Dealing with Illegal Interference

1. Direct responses to illegal interference in civil aviation activities are carried out in accordance with the Overall Emergency Response Plan for Dealing with Illegal Interference in Civil Aviation Activities issued by the Prime Minister.

2. Counter-Terrorism Steering Committees at localities with airports, airfields, and aviation facilities and equipment implement command and response tasks against illegal interference in civil aviation activities as stipulated by the Prime Minister.

Chapter IV
AIR TRANSPORT SECURITY CONTROL FORCES

Article 28. Position, Functions, and Organization of Air Transport Security Control Forces

2. Air traffic service providers organize air transport security control forces to ensure air transport security at air traffic service facilities outside restricted areas of airports and airfields.

3. Aircraft manufacturing, maintenance, and repair businesses organize air transport security control forces to ensure air transport security at aircraft manufacturing, maintenance, and repair facilities.

4. Vietnamese airlines and joint aviation business enterprises organize air transport security control forces to implement air transport security control measures on aircraft and aircraft operation activities outside airport and airfield areas.

Article 29. Requirements for the Air Security Control Force

1. To have an independent organizational system.

2. The heads of units within the system shall not hold concurrent positions and shall be approved in accordance with regulations.

3. Air security control personnel shall be recruited, trained, licensed in accordance with regulations.

Article 30. Duties and Authorities of the Air Security Control Force

1. To organize the implementation of air security programs and regulations; to perform air security control tasks within their authority.

2. To take initial measures against illegal interference with civil aviation activities at relevant facilities. Protect the scene when incidents threatening air security or illegal interference with civil aviation activities occur.

4. To coordinate with competent agencies and units to detect, defuse, and handle bombs, mines, biological, chemical weapons, radioactive materials; to prevent disease outbreaks at airports, on aircraft; to handle luggage, goods, mail, and other items containing dangerous articles.

5. When performing tasks within their authorized scope, they may temporarily detain individuals, check and temporarily seize personal identification documents from those threatening air security and safety; confiscate weapons, explosives, flammable substances, and other dangerous items illegally brought into restricted areas; forcibly deal with those obstructing or deliberately opposing.

7. To be equipped and use weapons and support tools in accordance with legal provisions to perform duties. To have uniforms, insignia, equipment, and means to perform duties.

8. The air security control force at airports providing air security assurance services.

Article 31. Benefits and Policies for the Air Security Control Force

1. Air security control personnel shall enjoy salaries and benefits, policies in accordance with legal provisions.

2. In case of injury or death while performing duties, air security control personnel shall be considered for recognition and enjoyment of benefits as war invalids or martyrs and other forms of commendation in accordance with legal provisions.

Chapter V
INFRASTRUCTURE AND EQUIPMENT, DEVICES, MEANS ENSURING AIR SECURITY

Article 32. Requirements for Infrastructure Ensuring Air Security at Airports

1. To have a perimeter fence system, intrusion alarm system, guard posts, gates, patrol routes, security lighting systems, security surveillance cameras, warning signs, emergency assembly points, isolated parking areas, bomb disposal tunnels or areas in accordance with air security requirements.

2. Must meet requirements for air security inspection, scanning, search, supervision of persons, vehicles, objects, luggage, cargo, mail, and for investigation purposes.

3. Before new construction, renovation, or upgrading, airports must undergo design assessment in accordance with air security requirements and standards.

Article 33. Requirements for Equipment, Devices, and Means to Ensure Aviation Security

1. Equipment, devices, and means to ensure aviation security must be complete and appropriate to perform aviation security tasks as prescribed.

2. Equipment, devices, and means to ensure aviation security at airports must be synchronized and consistent; they must meet standards issued or recognized by competent authorities regarding technology and human health safety.

3. For international flights, scanning equipment shall be shared between aviation security and customs scanning.

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

5. Images from cameras and X-ray machines must be managed and retained appropriately for investigation purposes when necessary. Operating, maintenance, repair records of technical systems and equipment, devices to ensure aviation security must be managed, retained, and produced upon request.

Chapter VI
AVIATION SECURITY EXPENSES

Article 34. Principles for Allocating Expenses

Expenses for ensuring aviation security are guaranteed from the state budget according to current classification levels, enterprise expenses, revenues from aviation security services, and other revenues as stipulated by law.

Chapter VII
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN AVIATION SECURITY WORKIN THE WORK OF ENSURING AVIATION SECURITY

Article 35. National Civil Aviation Security Commission

1. The National Civil Aviation Security Commission is an inter-ministerial coordinating body with the function of assisting the Prime Minister, directing, and coordinating the resolution of important inter-ministerial issues related to aviation security.

2. The National Civil Aviation Security Commission assists the Prime Minister in directing and coordinating activities among Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities in aviation security work; organizing regular assessments of threats to aviation security; directing improvements and upgrades to the aviation security system; directing the implementation of the Comprehensive Emergency Plan to counteract unlawful interference in civil aviation operations; directing and resolving disputes arising between ministries, sectors, localities, and relevant agencies and organizations in aviation security work.

3. The National Civil Aviation Security Commission issues cards for its members and permits for its means of transport to be used when performing duties. Means of transport used for duty performance are prioritized and exempted from fees and charges when participating in road traffic and operations at airports.

1. Implement state management over aviation security for civil aviation activities; promulgate policies, regulatory legal documents, standards, and technical regulations within the field of aviation security according to its authority or submit them to higher authorities for issuance and organization of implementation.

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

3. Direct aviation agencies and units to perform air security tasks, specifically:

a) Organize the implementation of aviation security measures; operate the surveillance, management, and control system for aviation security quality; approve and accept aviation security programs and regulations; organize aviation security inspection forces;

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

c) Develop, train, and conduct drills for emergency airport response plans and countermeasures against illegal interference in civil aviation activities;

d) Reporting, handling, rectifying, investigating, and verifying aviation security violations and incidents; issuing necessary recommendations and directives to prevent and stop aviation security incidents;

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

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

5. Coordinate with the Ministry of Public Security, the Ministry of Defense, and other relevant ministries, sectors, and localities in national defense and security protection, anti-terrorism, and maintaining social order and safety as prescribed by law.

1. Take the lead in implementing measures to protect national security, prevent and combat terrorism related to civil aviation activities. Regularly and urgently exchange, provide, and evaluate information on political security situations, social order and safety; terrorist plots, methods, and means of operation; subversive organizations and various types of crimes, illegal interference schemes in civil aviation operations for the Ministry of Transport.

2. Direct relevant public security agencies and units to coordinate with the Civil Aviation Administration of Vietnam and air security control forces in implementing measures to ensure aviation security; assess risks and levels of threats to aviation security; manage and supervise passengers refused entry; protect internal security and specialized aviation information systems.

3. Develop plans to protect against criminal offenses, maintain public order and social safety at airports and air bases and other facilities in the aviation sector. Receive and handle criminal cases and violations concerning security, order, and traffic safety according to the law.

4. Develop and implement emergency plans to counteract illegal interference in civil aviation operations within their scope of responsibility. Build air security forces. Organize training, instruction, and guidance on national security protection business for air security control forces; fire prevention and firefighting business for civil aviation fire services.

Article 38. Ministry of National Defense

2. Develop plans to protect against criminal offenses, maintain public order and social safety at shared airports.

3. Develop and implement emergency plans to counteract illegal interference in civil aviation operations within their scope of responsibility. Organize training, instruction, and guidance on national defense security business for air security control forces.

Article 39. Ministry of Finance

Direct customs units at international airports to coordinate with air security control forces during baggage, cargo, and mail inspections to detect and prevent dangerous items from being illegally brought onto aircraft and other violations of the law.

Coordinate with the Ministry of Transport to establish appropriate salary mechanisms for officials and employees who are full-time or part-time specialists receiving state budget salaries in the field of aviation security.

Article 41. People's Committees at all levels where there are civil aviation airports, airfields, facilities, and equipment

1. Preventing crime, maintaining public order and social safety in the area; receiving and handling criminal cases and violations related to security, order, and traffic safety in accordance with the law.

2. Cooperating with relevant agencies and units in combating the use of shoulder-fired missiles to attack civilian aircraft. Implementing the Emergency Plan to counteract illegal interference in civil aviation operations within their scope of responsibility.

3. Propaganda and mobilizing the people to comply with regulations ensuring aviation security and safety.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Decree takes effect from November 27, 2015.

2. This Decree replaces Government Decree No. 81/2010/NĐ-CP dated July 14, 2010 on civil aviation security; and Government Decree No. 51/2012/NĐ-CP dated June 11, 2012 amending and supplementing certain articles of Government Decree No. 81/2010/NĐ-CP on civil aviation security.

Article 43. Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial and centrally-run city People's Committees, related enterprises, and individuals are responsible for implementing this Decree./.