Decree No. 96/2021/NĐ-CP on air escort work for special aircraft and special cargo compartments

DECREE
N |||Decree on air traffic control for special aircraft flights

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Security Guard Law dated June 20, 2017;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Some Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

At the proposal of the Minister of Transport;

The Government promulgates this Decree on air traffic control for special aircraft flights.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the air traffic control for special aircraft flights of Vietnam and foreign special aircraft flights within Vietnamese airspace and Vietnamese-controlled flight information regions.

2. The subjects to which this Decree applies include organizations and individuals related to the air traffic control for special aircraft flights of Vietnam and foreign special aircraft flights within Vietnamese airspace and Vietnamese-controlled flight information regions.

Article 2. Interpretation of Terms

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

1. A special aircraft flight is a flight using a dedicated aircraft carrying one of the subjects specified in Article 4 of this Decree, as announced by the competent state authority in accordance with this Decree.

2. A special cargo flight (in whole or in part) is a commercial flight transporting one of the subjects specified in Article 4 of this Decree, purchased tickets or confirmed seats by authorized agencies, and announced in accordance with this Decree.

3. A special aircraft, special cargo flight of Vietnam is a flight conducted by a Vietnamese airline or a unit under the Ministry of National Defense carrying one of the subjects specified in Article 4 of this Decree, flying within or outside Vietnamese territory.

4. A foreign special aircraft flight is a flight conducted by a foreign airline or other foreign agencies and organizations carrying one of the subjects specified in Article 8 of this Decree, using a dedicated aircraft flying to, from, within, or through Vietnamese territory and Vietnamese-controlled flight information regions.

5. Notification of a special aircraft, special cargo flight of Vietnam is a document issued by the authorized agency specified in Article 5 of this Decree, assigning or entrusting the air traffic control for special aircraft, special cargo flights to the agencies and units specified in Clause 2 of Article 7 of this Decree.

6. Notification of a foreign special aircraft flight is a document issued by the authorized agency specified in Article 9, entrusting the air traffic control for special aircraft flights to the agencies and units specified in Clause 2 of Article 10 of this Decree.

Article 3. Principles for implementing air traffic control for special aircraft, special cargo flights

1. Ensuring absolute security and safety.

2. Ensuring special aircraft, special cargo standards as prescribed.

3. Ensuring confidentiality of the security plan for special aircraft, special cargo subjects as prescribed by law.

4. Ensuring ceremonial reception and farewell for special aircraft, special cargo flights as prescribed.

Chapter II
AIR TRAFFIC CONTROL FOR SPECIAL AIRCRAFT, SPECIAL CARGO FLIGHTS OF VIETNAM

Article 4. Subjects served by special aircraft, special cargo flights of Vietnam

1. General Secretary of the Central Committee of the Communist Party of Vietnam.

2. President of the Socialist Republic of Vietnam.

3. Prime Minister of the Socialist Republic of Vietnam.

4. Chairman of the National Assembly of the Socialist Republic of Vietnam.

5. The subject specified in Article 8 of this Decree.

Article 5. Authorities responsible for announcing special aircraft and cargo flights of Vietnam

1. The Central Party Office.

2. The President's Office.

3. The Government Office.

4. The National Assembly Office.

5. The Central Party External Relations Board.

Article 6. Enterprises accepting orders, units assigned to implement special aircraft and cargo flights of Vietnam

1. Enterprises accepting orders to implement special aircraft and cargo flights of Vietnam are Vietnamese airlines meeting the criteria stipulated by the Minister of Transport.

2. Units assigned to implement special aircraft and cargo flights of Vietnam are units under the Ministry of Defense meeting the criteria stipulated by the Minister of Defense.

Article 7. Announcing special aircraft and cargo flights of Vietnam

1. Announcing special aircraft and cargo flights of Vietnam shall be done in writing and include the following contents:

a) The object served and the number and composition of the delegation;

b) The flight route;

c) The Vietnamese airline or unit under the Ministry of Defense that has been ordered or assigned to carry out the flight;

d) Requirements regarding reception and farewell ceremonies;

e) Requirements regarding security, defense, and other specific requirements.

2. Announcements of special aircraft and cargo flights of Vietnam shall be sent to the following agencies and units:

a) For domestic transportation by special aircraft and cargo flights carried out by Vietnamese airlines: Ministry of Public Security (Guard Command), Ministry of Transport (Vietnam Civil Aviation Administration), Ministry of National Defense (Operations Department, Air Defense-Air Force Military Region), enterprise receiving the order to carry out the flight;

b) For international transportation by special aircraft and cargo flights carried out by Vietnamese airlines: Ministry of Foreign Affairs (Consular Department, State Protocol Department), Ministry of Public Security (Guard Command), Ministry of Transport (Vietnam Civil Aviation Administration), Ministry of National Defense (Operations Department, Air Defense-Air Force Military Region), enterprise receiving the order to carry out the flight;

c) For domestic transportation by special aircraft and cargo flights carried out by units under the Ministry of National Defense: Ministry of National Defense, Ministry of Public Security (Guard Command), enterprise providing air operation support services;

d) For international transportation by special aircraft and cargo flights carried out by units under the Ministry of National Defense: Ministry of Foreign Affairs (Consular Department, State Protocol Department), Ministry of Public Security (Guard Command), Ministry of National Defense, Ministry of Transport (Vietnam Civil Aviation Administration), enterprise providing air operation support services.

3. The deadline for sending the written announcement of special aircraft and cargo flights of Vietnam is as follows:

a) For special aircraft flights: at least five days before the planned date of the domestic flight; at least ten days before the planned date of the international flight, except in special cases;

b) For special cargo flights: at least twenty-four hours before the planned departure time of the domestic flight; at least five days before the planned date of the international flight, except in special cases;

c) For special aircraft flights carried out by units under the Ministry of National Defense: at least five days before the planned date of the flight, except in special cases.

4. Announcements of special aircraft and cargo flights of Vietnam are considered a form of assignment to units under the Ministry of National Defense or an order to Vietnamese airlines.

Chapter III
GUARANTEES FOR FOREIGN SPECIAL AIRCRAFT FLIGHTS

Article 8. Application of standards and procedures for serving foreign state aircraft flights to and from Vietnam

Standards and procedures for serving state aircraft flights of Vietnam shall be applied to foreign state aircraft flights carrying heads of state, legislative bodies, and governments of countries conducting state visits, official visits, working visits, and personal visits to Vietnam.

Article 9. Vietnamese agencies authorized to notify foreign state aircraft flights

1. Agencies specified in Article 5 of this Decree.

2. Department of Foreign Affairs - Ministry of National Defense.

3. Consular Department, State Reception Department - Ministry of Foreign Affairs.

Article 10. Notification of foreign state aircraft flights

1. Notification of foreign state aircraft flights shall be made in writing and include the following contents:

a) The object served and the number and composition of the delegation;

b) The flight route;

c) The foreign airline or other organization implementing the flight;

d) Requirements regarding reception and farewell ceremonies;

d) Requirements for security and safety assurance and other specific requirements (if any).

2. The notification document of foreign state aircraft flights shall be sent to: Ministry of Public Security (Guard Command), Ministry of Transport (Civil Aviation Administration of Vietnam), Ministry of National Defense (Operations Department, Air Defense - Air Force Corps).

3. Notification of foreign state aircraft flights shall be sent at least seven days before the planned date of the flight, except in special cases.

4. Agencies and units receiving notifications of foreign state aircraft flights shall have the responsibility to implement tasks according to regulations.

Article 11. Implementation of procedures for serving foreign state aircraft flights

1. Relevant agencies and units shall implement services for foreign state aircraft flights according to the provisions of Article 8 of this Decree.

2. In case the foreign party requests application of different service standards and procedures than those prescribed by Vietnam, the Civil Aviation Administration of Vietnam shall take the lead and coordinate with relevant agencies, units, and organizations based on current regulations, actual circumstances, and capacity to report to the authorized agency for notification of foreign state aircraft flights to reach consensus with the foreign side.

Chapter IV
RESPONSIBILITIES OF RELEVANT AGENCIES, UNITS AND ORGANIZATIONS

Article 12. Responsibilities of the Central Party Office, the President's Office, the Government Office, the National Assembly Office, and the Central Party External Relations Board

1. To notify state aircraft and state compartment flights of Vietnam and foreign state aircraft flights according to regulations.

2. To take the lead and coordinate with relevant agencies and units to develop and organize the implementation of plans for state aircraft and state compartment flights of Vietnam.

3. To notify decisions of the subjects served by state aircraft and state compartment flights of Vietnam as stipulated in Article 4 of this Decree regarding departure times for state aircraft flights of Vietnam in special cases as provided for in Clause 3, Article 7 of this Decree.

4. To take the lead with relevant agencies, units, and enterprises regarding the hiring of foreign airlines to conduct state aircraft flights serving state aircraft subjects of Vietnam abroad when necessary; to coordinate with the Ministry of Foreign Affairs to ensure ceremonial reception and farewell of state aircraft flights of Vietnam abroad.

5. To coordinate with the Ministry of National Defense to organize state aircraft and state compartment flights of Vietnam carried out by units under the Ministry of National Defense.

Article 13. Responsibilities of the Ministry of Transport and units, enterprises in the Vietnamese aviation industry

1. The Minister of Transport shall stipulate standards for aircraft and aviation personnel; management procedures, implementation, operation, and other necessary support services for special flights and special cargo compartments conducted by Vietnamese airlines; service procedures for foreign special flights; review and propose to the Ministry of Finance to set maximum rental prices for official special aircraft and special cargo compartments (taking into account backup aircraft) through ordering; stipulate specific ordering prices for special flights and special cargo compartments using state budget funds based on the maximum hourly rates for official aircraft (taking into account backup aircraft) as prescribed by the Ministry of Finance.

2. The Civil Aviation Authority of Vietnam shall be responsible for:

a) Serve as the point of contact for receiving and implementing tasks to ensure special flights and special cargo compartments conducted by Vietnamese airlines and foreign special flights;

b) Direct and supervise aviation agencies and units to implement and serve special flights and special cargo compartments according to security and safety standards;

c) Grant flight permits for special flights conducted by Vietnamese airlines according to regulations, and for foreign special flights passing through Vietnamese airspace and controlled airspaces;

d) Coordinate with relevant agencies and units in Vietnam and abroad to handle situations during the implementation of tasks to ensure special flights and special cargo compartments as specified in Clause 2, Article 11 of this Decree.

3. Airports Control Units shall be responsible for:

a) Implementing services to ensure special flights and special cargo compartments to state management agencies and aviation service providers operating at airports;

b) Directly supervising the organization and implementation of services to ensure special flights and special cargo compartments by organizations and individuals at airports under their jurisdiction.

4. Airport operators have the responsibility to determine parking areas, aircraft parking positions, and passenger facilities to serve special flights and special cargo compartments; coordinate with airlines and aviation service providers at airports to organize services for Vietnamese special flights and foreign special flights.

5. Aviation service assurance enterprises have the responsibility to provide service assurance for flight operations according to their authority for Vietnamese special flights and foreign special flights.

6. Vietnamese airlines contracted to perform Vietnamese special flights have the responsibility to:

a) Ensure the standards for Vietnamese special flights as stipulated by the Ministry of Transport; ensure security and safety for flights;

b) Develop and implement plans for international special flights of Vietnam and notify the Consular Bureau of the flight itinerary at least seven days before the planned date of the flight;

c) In cases where they receive notification of Vietnamese special flights later than the time specified in Clause 3, Article 7 of this Decree, Vietnamese airlines must immediately report difficulties and issues to the competent agency that notified the special flights for timely coordination and resolution;

d) Lead and coordinate with related service enterprises to organize the implementation of special aircraft and special cargo compartment tasks.

Article 14. Responsibilities of the Ministry of National Defense

1. The Minister of National Defense shall stipulate the standards for aircraft, flight crews, unit prices for implementing special flights plans using state budget funds, and other necessary support services for such flights carried out by units under the Ministry of National Defense; stipulate regulations on coordination and management agreements to protect special flights operating within Vietnamese airspace and areas under Vietnamese control.

2. Take the lead and coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Transport, and provincial/municipal people's committees under central jurisdiction to implement measures ensuring security for special flights conducted by units under the Ministry of National Defense.

3. The Operations Directorate, the Air Defense-Air Force Corps, and units assigned to carry out Vietnam’s special flights: manage and protect airspace, coordinate with enterprises to ensure air traffic control operations for special flights within Vietnam’s airspace and areas under Vietnamese control; coordinate with relevant agencies to provide services for special flights departing from or arriving at airports managed by the Ministry of National Defense; issue permits for special flights conducted by units under the Ministry of National Defense within Vietnam’s territory and areas under Vietnamese control; directly organize and manage special flights conducted by units under the Ministry of National Defense.

4. Notify foreign special flights according to Article 9 of the Decree.

Article 15. Responsibilities of the Ministry of Foreign Affairs

1. The Consular Department shall take the lead and coordinate with Vietnamese airlines or units under the Ministry of National Defense tasked with carrying out Vietnam’s special flights to request permission for foreign special flights through diplomatic channels; issue permits for foreign special flights within their authority.

2. The State Reception Department shall take the lead in ensuring ceremonial greetings and farewells for individuals served on Vietnam’s and foreign special flights according to their authority; contact Vietnamese representative offices abroad to request or directly request local authorities to waive or reduce fees for Vietnam’s outbound special flights based on reciprocity principles.

3. Notify foreign special flights arriving in or departing from Vietnam according to Article 9 of the Decree.

Article 16. Responsibilities of the Ministry of Public Security

1. Take the lead and coordinate with the Ministry of Transport to guide the implementation of security measures for special flights conducted by Vietnamese airlines; foreign special flights arriving in or departing from Vietnam as prescribed.

2. The Guard Command has the responsibility to take the lead and coordinate with related agencies and units to organize security measures for special flights conducted by Vietnam; supervise the provision of security for foreign special flights.

Article 17. Responsibilities of the Ministry of Finance

Guide the preparation of budgets, payment, settlement of expenses for state administrative agencies paying for special flights conducted by Vietnam from state budget sources; stipulate the maximum rental price for official special aircraft (taking into account spare aircraft factors) paid from state budget sources by agencies authorized to notify special flights under Article 5 of this Decree based on assessment and recommendation by the Ministry of Transport.

Article 18. Responsibilities of the People's Committee of provinces and centrally governed cities

Coordinate with the Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and related agencies and units to organize the implementation of work ensuring the security of special aircraft and special cargo compartments flights of Vietnam, foreign special aircraft flights arriving at and departing from Vietnam in their locality, and safety, order, and ceremonial reception and farewell for individuals served on special aircraft and special cargo compartments flights.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Government Decree No. 03/2009/NĐ-CP dated January 9, 2009, regarding the work of ensuring special aircraft flights.

Article 20. Implementation

The Secretary of the Central Party Office, the Head of the Central Party External Relations Commission, the Director of the President's Office, the Secretary-General of the National Assembly - Director of the National Assembly Office, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of the People's Committees of provinces and centrally governed cities, Heads of relevant agencies, units, and organizations are responsible for implementing this Decree.