Circular No. 13/2019/TT-BGTVT dated March 29, 2019 of the Ministry of Transport on detailing the Vietnam’s aviation security program and aviation security quality control

THE MINISTRY OF TRANSPORT

CircularNo. 13/2019/TT-BGTVT dated March 29, 2019 of the Ministry of Transport on detailing the Vietnam’s aviation security program and aviation security quality control

Pursuant to the Law on Vietnam Civil Aviation No. 66/2006/QH11 dated June 29, 2006; Law No. 61/2014/QH13 dated November 21, 2014 on Amending and Supplementing a Number of Articles of the Vietnam Civil Aviation Law;

Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears No. 14/2017/QH14 dated June 20, 2017;

Pursuant to the Ordinance on Protection important works related to national security No. 32/2007/PL-UBTVQH11 dated April 20, 2007;

Pursuant to the Government’s Decree No. 03/2009/ND-CP dated January 09, 2009 on preserving security and safety for special flights;

Pursuant to the Government’s Decree No. 92/2015/ND-CP dated October 13, 2015 on aviation security;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 on aviation authorities;

Pursuant to the Prime Minister’s Decision No. 16/2017/QD-TTg dated May 16, 2017 on general emergency intervention against acts of illegal intervention in civil aviation activities;

At the request of the Director General of Department of Transport and the Director of Civil Aviation Authority of Vietnam;

The Minister of Transport promulgates a Circular on detailing the Vietnam’s aviation security program and aviation security quality control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides regulation on civil aviation security. To be specific:

1. Preventive security control measures, handle aviation security violations and response to acts of illegal interference.

2. System of civil aviation security service providers.

3. Facilities, equipment, vehicles, weapons and combat gears serving aviation security assurance.

4. Aviation security quality control and aviation security risk management.

5. Responsibilities of organizations and individuals for aviation security assurance.

Article 2. Subjects of application

This Circular applies to:

1. Vietnamese and foreign organizations and individuals engaged in civil aviation in Vietnam or civil aviation within flight information regions under the management of Vietnam.

2. Vietnamese organizations and individuals engaged in civil aviation activities in a foreign country, unless otherwise provided for by the laws of that foreign country.

3. Vietnamese and foreign organizations and individuals using official-duty aircrafts for civil purpose.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be defined as follows:

1. “Mail” means correspondence, package or cargo that is accepted, transported and delivered legally via the postal network.

2. “Aviation security checkpoint” means a workplace of aviation security control staffs and is set up at gates, doors and aisles between public areas and restricted areas or between restricted areas in order to check people, vehicles and items, and maintain security and order at the checkpoint area.

3. “Aviation security inspection point” means a workplace of aviation security control staff and is set up in public or restricted areas in order to inspect activities of people and vehicles, and maintain security and order around the inspection point.

4. “Aircraft stores and supplies” mean stores and supplies intended for consumption by passengers and the crew or sold on board an aircraft, except for meals; and consumable supplies serving aircraft operation, maintenance and repair.

5. “Unclaimed item and baggage” mean item and baggage abandoned at an airport or aerodrome without any identification of its owner.

6. “Aviation security inspection” means the use of people, animals and technical equipment, solely or in combination, to manage and monitor with a view to detecting and preventing violations or suspected violations of aviation security.

7. “Aviation security control staff permit” means official confirmation granted by the Civil Aviation Authority of Vietnam (hereinafter referred to as “CAAV”) to a qualified individual as prescribed by law so that he/she can practice aviation security control.

8. “Cargo” means any property carried on board an aircraft other than mail, baggage, aircraft stores and supplies and meals.

9. “Interline cargo” means cargo taking part directly in 02 or more different flights in the course of journey or being transported by 02 or more categories of transportation, including air transport.

10. “Baggage” means personal property of passengers or crewmembers carried on board an aircraft.

11. “Carry-on baggage” means baggage that is carried on board an aircraft by passengers or crewmembers and kept by themselves during a flight.

12. “Registered baggage” means baggage that is carried on cargo compartment and kept by the carrier.

13. “Unclaimed baggage” means baggage that arrives at an airport or aerodrome and is not picked up by a passenger or crewmembers.

14. “Strayed baggage” means the baggage of a passenger or crewmember being lost and unaccompanied with the passenger or crewmember from them during a flight.

15. “Transit passengers, baggage, cargo and mail” means passengers, baggage, and cargo departing from an airport and on the same flight as that on which the passengers, baggage and cargo arrived.

16. “Transfer passengers/baggage” mean passengers/baggage taking part directly in two or more different flights in their journey.

17. “Aviation security quality control” includes the quality inspection and check, and aviation survey, test, assessment and investigation. To be specific:

a) Aviation security inspection means the inspection that is carried out by a specialized agency in accordance with regulations of the law on specialized inspection;

b) Aviation security quality inspection means the inspection of compliance of airport and aerodrome operators, airlines and aviation service providers with some or all of regulations specified in the aviation security program and aviation security regulation which have been approved by the CAAV.

c) Aviation security test means a simulated interference with civil aviation that is done secretly or publicly in order to test the effectiveness of the aviation security assurance measures.

d) Aviation security survey means the collection of information and data to quantify security demands and identify the key focus for protection;

dd) Aviation security investigation means the clarification of acts of illegal interference, violations or suspected violations of aviation security;

e) Aviation security assessment means the evaluation of compliance with some or all of standards and regulations on aviation security, which is carried out by the International Civil Aviation Organization, aviation authorities and airlines.

18. “Aircraft maintenance and repair area” means an area where aircrafts are maintained and repaired, including: aprons, hangars, buildings, factories, vehicle parks and internal roads.

19. “Sterile area” means part of a restricted area from the passenger and carry-on luggage security checkpoint of the terminal to the boarding gate.

20. “Exclusive use restricted area” means a restricted area with one of the following characteristics:

a) Restricted area outside a terminal or aerodrome;

b) Restricted area within a terminal or aerodrome, where survey, construction, repair and maintenance are carried out and no aviation service is provided during the survey, construction, repair and maintenance and fences or architectures are available within the boundary of the survey, construction, repair and maintenance area to ensure that the area is separated from other restricted areas, and to prevent people and vehicles within the construction area from entering other restricted areas without permission;

c) Restricted area within a terminal or aerodrome, which is managed and operated by an unit only and does not directly serve passengers, baggage, cargo and mails. Fences or architectures are available to ensure the area is separated from other restricted areas.

21. “Baggage storage area” means space in which checked baggage is stored pending transport to aircraft or in which lost or unclaimed baggage is hold.

22. “Internal security control” means a preventive security measure aimed at eliminating the causes and conditions that terrorists and criminals can take advantage of, coordinate and persuade aviation staff to support or directly perform acts of terrorism, crime and other violations.

23. “Aircraft aviation security check” means the check of the interior and exterior of an aircraft according to a list for the purpose of discovering suspicious items and dangerous articles.

24. “Manual check” means the aviation security control staff using his/her hands, eyes and other senses to check people, vehicles and articles for the purpose of discovering suspicious items and dangerous articles.

25. “Background check” means a check of a person’s identity for the purpose of assessing that person’s suitability for being aviation staff and being granted an airport/aerodrome security control badge with long-term use.

26. “In-flight security staff” means a person that is authorized by the Government of the country of the aircraft operator and Government of the country where the aircraft is registered to perform his/her duties for the purpose of protecting the aircraft and passengers from acts of illegal interference.

27. “Security seal” means a confirmation that cargo, items and vehicles have undergone security check or a confirmation that cargo, items and vehicles remain intact or a confirmation that cargo, items and vehicles have undergone security check, and cargo, items and vehicles to be sealed remain intact Security stamps or wire seals shall be used.

28. “Apron” means a defined area, within an airfield, intended to accommodate aircrafts for the purpose of loading or unloading passengers, baggage, mail and cargo, refueling or maintenance.

29. “Catering supplies” mean food, beverages and tools used for meals on board an aircraft.

30. “Aircraft in flight” means an aircraft regulated in Clause 2 Article 74 of the Law on Vietnam Civil Aviation.

31. “Aircraft in operation” means a Vietnamese or foreign aircraft which is parked on an apron for flight operation and subject to continuous aviation security inspection by suitable means in order to discover illegal approach or intrusion.

32. “Non-operational aircraft” means a Vietnamese or foreign aircraft parked on an apron for more than 12 hours or not undergoing continuous aviation security inspection.

33. “X-ray” means an electromagnetic wave having wavelengths in the range of 0.01 to 10 nm, corresponding to frequencies in the range of 30 pHz to 30 eHz and energies in the range of 120 eV to 120 keV.

34. “Security tamper-evident bag” means a specialized and transparent plastic bag in which the bill can be easily seen and read without opening the bag and which is used for containing liquid or thick substance or spraying solution purchased in duty-free shops in international sterile areas or on international flights, and has specifications provided in the Appendix XXV hereof.

35. “Isolated aircraft parking position” means an area on an aerodrome intended to be used for parking an aircraft in case of occurrence of an act of illegal interference for the purpose of separating the affected aircraft from other ones and from buildings at the airport, including underground constructions or facilities, in order to implement a contingency plan.

36. “Guard booth” means an architecture that serves aviation security inspection at aviation security checkpoints and aviation security inspection points.

37. “Violation of aviation security” means an act of aviation security violation but is not regarded as an act of illegal interference.

38. “ICAO” stands for International Civil Aviation Organization.

Article 4. Aviation security program and aviation security regulation

1. Airport/aerodrome operators shall take charge and cooperate with airports authorities and relevant authorities and units at the airport/aerodrome in designing an aviation security program (hereinafter referred to as “ASP”) and submit it to the CAAV for approval; provide the conformity part of the ASP according to the list provided in the approved ASP.

2. The specialized aerodrome operator design an ASP and submit it to the CAAV for approval; provide the conformity part of the ASP according to the list provided in the approved ASP.

3. Vietnamese airlines shall design an ASP; aviation security assurance service providers, ATS providers; aircraft and aircraft equipment maintenance, repair and manufacturing enterprises; aviation service providers at airports/aerodromes; and cargo and mail handling facilities shall make aviation security regulation (hereinafter referred to as “ASR”) and submit it to the CAAV for approval; provide the conformity part of the ASP and ASR according to the list provided in the approved ASP and ASR.

4. Foreign airlines engaged in scheduled airlines that operate inbound and outbound flights shall submit a civil aviation security program for their operation in Vietnam to the CAAV for approval; provide the conformity part of the ASP to airports authorities, airport/aerodrome operators and aviation security inspection department at airports/aerodromes at which the schedule airlines operate.

5. ASPs and ASRs of units and enterprises specified in Clauses 1, 2, 3 and 4 of this Article shall define responsibilities of relevant collective and individuals for aviation security assurance, aviation security assurance procedures and measures specified in this Circular. Contents of ASPs and ASRs of Vietnamese airlines, Vietnamese aircraft operators, ATS providers, aviation security assurance service providers and aviation service providers pertaining to operations at airports shall comply with regulations of law and conform to the ASP and contingency plans of airport/aerodrome operators.

6. Contents of ASPs and ASRs of units and enterprises specified in Clauses 1, 2, 3 and 4 of this Article shall be developed according to the outline specified in the Appendices I, II, III, IV and V hereof.

Article 5. Procedures for approving ASPs and ASRs and ASPs of foreign airlines

1. The applicant having the ASP or ASR shall submit 03 applications (if the applicant is a Vietnamese enterprise, the application shall be made in Vietnamese language; if the applicant is a foreign airline, the application shall be made in English language, enclosed with a Vietnamese translation) to the CAAV, whether directly or by post or another appropriate manner. The application includes:

a) An application form, which is made using the form in the Appendix VI hereof;

b) ASP/ASR;

c) An assessment of differences of the airline’s ASP from regulations of Vietnamese law and measures for remedying differences (if the application for approval for ASP is submitted by the foreign airline).

2. If the application is not completed as prescribed in Clause 1 of this Article, within 03 working days, the CAAV shall request the applicant in writing to complete it.

3. If the application is completed as prescribed in Clause 1 of this Article, within 10 working days from the receipt of the application, the CAAV shall appraise it and carry out a site inspection.

a) If the ASP or ASR complies with all regulations of this Circular, issue an approval decision (in the case of the foreign airline s ASP);

b) If the ASP or ASR fails to comply with all regulations of this Circular, request the applicant in writing to make amendments to the ASP/ASR.

Article 6. Amendments to ASPs and ASRs

1. Units and enterprises having ASPs/ASRs shall regularly review and assess ASPs/ASRs to make necessary amendments.

2. ASPs and ASRs shall be promptly amended when they are no longer conformable with applicable regulations or fail to satisfy requirements when applied.

3. Procedures for approving ASPs and ASRs are mentioned in Article 5 of this Circular.

Article 7. Control of aviation security aviation documents

1. Confidentiality of aviation security documents shall be classified as prescribed by the law on protection of state’s secrets.

2. List of restricted aviation security documents includes:

a) ASPs and ASRs approved by the CAAV;

b) Recommendations, notifications, inspections, tests, surveys, investigations, asssessments of aviation security risks and files on violations of aviation security that have not yet been made publicly available;

c) Regulations on cooperation, documents on coordination in aviation security between authorities and units in aviation sector and relevant authorities and units;

d) Aviation security documents of ICAO or provided by foreign countries and classified as restricted documents by ICAO and such foreign countries;

dd) Other aviation security documents classified by the Director General of the CAAV as restricted documents.

3. Authorities and units shall manage and use restricted aviation security documents for right purposes.

4. Restricted aviation security documents shall be only provided to the recipients specified in such documents. When providing restricted aviation security documents to the recipients other than those specified in such documents, it is required to obtain written consent of the head of the unit promulgating documents and signatures are required upon receipt. Containers of restricted aviation security documents shall be marked with “restricted documents” at a recognizable position. The drafting, issuance, management, use and destruction of restricted aviation security documents shall be elaborated in ASPs and ASRs of authorities and units having ASPs and ASRs.

Article 8. Tasks of Airport and aerodrome Security Committee

1. Consider threats and risks to airport and aerodrome aviation security.

2. Cooperate with relevant parties in ensuring airport and aerodrome aviation security; exchange information about aviation security issues.

3. Participating in making comments when designing aviation security assurance programs, plans and measures.

4. Consider results of internal quality control and quality control by competent authorities at airports and aerodromes or assessment by international airlines and organizations.

5. Assess the continuity and effectiveness of ASPs.

Chapter II

PREVENTIVE SECURITY CONTROL MEASURES

Section 1. AVIATION SECURITY CONTROL BADGES AND PERMITS USED WITHIN RESTRICTED AREAS

Article 9. Aviation security control badges and permits

1. Aviation security control badges and permits include:

a) Airport/aerodrome security control badges/permits with long-term and short-term use issued to people and vehicles allowed to enter and operate within airport/aerodrome restricted areas;

b) Internal security control badges/permits with long-term and short-term use, which allow entry into and operation within exclusive restricted areas of enterprises;

c) Crew identification badges, which allow entry into and operation within restricted areas pertaining to tasks of the crew.

2. Aviation security control badges and permits shall be kept confidential and counterfeiting shall be prevented. The CAAV shall unify methods and measures for maintaining confidentiality of each type of aviation security control badge and permit.

Article 10. The power to issue aviation security control badges and permits

1. The CAAV shall issue airport/aerodrome security control badges with long-term use at airports and aerodromes under the management of at least 02 airports authorities to eligible applicants.

2. Airports authorities shall issue airport/aerodrome security control badges and permits to eligible applicants as follows:

a) Issue airport/aerodrome security control badges and permits with long-term use at one or multiple airports/aerodromes under their management to the applicants specified in Clauses 1 and 7 Article 14 of this Circular, except for the case specified in Clause 3 of this Article.

b) Issue airport/aerodrome security control badges and permits with short-term use at 01 airport/aerodrome under their management to the applicants specified in Clauses 5 and 8 Article 14 of this Circular, except for the case specified in Clause 3 of this Article.

3. Airport/aerodrome enterprises shall issue airport/aerodrome security control badges and permits with long-term and short-term use at airports/aerodromes under their management to eligible applicants as follows:

a) Officials, staff and vehicles of the airport/aerodrome enterprises, airport/aerodrome operators, aviation security service providers;

b) People and vehicles hired by the airport/aerodrome enterprises, airport/aerodrome operators or aviation security service providers to carry out survey and construction, repair and maintenance of their equipment and facilities.

4. Vietnamese and foreign airlines shall issue crew identification badges to crews for their performance of tasks during flights.

5. Enterprises in charge of exclusive use restricted areas shall issue internal security control badges and permits accepted within their exclusive restricted areas.

Article 11. Effective period and designs of aviation security control badges and permits

1. An aviation security control badge/permit with long-term use shall be valid for up to 02 years from the effective date of the badge/permit.

2. The effective period of an aviation security control badge with short-term use shall be based on the request of the applicant and result of application appraisal, including the badge used once within 01 day (24 hours) from the effective date of the badge and the badge used multiple times for a period not exceeding 30 days from the effective date of the badge.

3. The effective period of an aviation security control permit with short-term use shall be based on the request of the applicant and result of application appraisal, including the permit used once within 01 day (24 hours) from the effective date of the permit and the permit used multiple times for a period not exceeding 30 days from the effective date of the permit.

4. A crew identification badge of the Vietnamese airline, and internal security control badge/permit with long-term use shall be valid for up to 02 years from the issuance date; the effective period of an internal security control badge/permit with short-term use is the same as that of the airport/aerodrome security control badge/permit with short-term use specified in Clauses 2 and 3 of this Article.

5. Designs of airport/aerodrome security control badges and permits are provided in the Appendix XXVII hereof.

6. Vietnamese airlines shall issue designs of crew identification badges; enterprises in charge of exclusive use restricted areas shall issue designs of internal security control badges and permits. These designs must not be identical with those of airport/aerodrome security control badges and permits and must be notified to the airports authorities and aviation security control forces in areas where the airlines and enterprises are operating.

7. Foreign airlines must notify the design of the crew identification badge to the airports authorities and aviation security control forces in areas where the airlines are operating.

8. Applicants eligible to be issued with airport/aerodrome security control badges and permits shall bear the costs of issuing badges and permits as prescribed by law.

Article 12. Contents of an aviation security control badge

1. An airport/aerodrome security control badge with long-term use shall contain at least:

a) Badge number; code of the airport/aerodrome specified in the badge;

b) Effective period;

c) Full name of the badge holder;

d) Title of the badge holder;

dd) Name of workplace of the badge holder;

e) Photo of the badge holder;

g) Restricted areas specified in the badge;

h) Regulations on use of the badge.

2. An internal security control badge with long-term use shall contain at least:

a) Badge number; code of the enterprise;

b) Information mentioned in Points b, c, d, dd, e, g and h Clause 1 of this Article.

3. An airport/aerodrome security control badge with short-term use shall contain the information specified in Points a, b, c, dd, g and h Clause 1 of this Article and ID Card/Citizen ID Card number or passport number or number of the airport/aerodrome security control badge with long-term use or number of the badge holder’s internal security control badge with long-term use.

An internal security control badge with short-term use shall contain the information specified in Points a, b, c, g and h Clause 1 of this Article.

4. Each restricted area specified in the airport/aerodrome security control badge and internal security control badge shall be respectively determined with letters, numbers or colors or encoded.

5. A crew identification badge shall contain at least:

a) Badge number;

b) Effective period;

c) Full name of the badge holder;

d) Title of the badge holder;

dd) Name and symbol of the airline;

e) Photo of the badge holder;

Article 13. Contents of an aviation security control permit

1. An airport/aerodrome security control permit with long-term/short-term use, and internal security control permit with long-term use shall contain at least:

a) Permit number;

b) Effective period;

c) Type of vehicle;

d) Vehicle license plate;

dd) Restricted areas specified in the permit;

e) Exit gates, entrance gates;

g) Name of the authority or unit in charge of the vehicle.

2. An internal security control permit with short-term use shall contain the information specified in Points a, b and dd Clause 1 of this Article.

3. Each restricted area specified in the airport/aerodrome security control permit and internal security control permit shall be respectively determined with letters, numbers or colors.

Article 14. Applicants, conditions and scope of issuance of and power to issue airport/aerodrome aviation security control badges and permits

1. The following persons may obtain an airport/aerodrome security control badge with long-term use:

a) Officials and staff of airlines, airport/aerodrome enterprises and service providers in airport/aerodrome restricted areas that sign a definite term employment contract or indefinite term employment contract in accordance with regulations of the Labor Code;

b) Staff of enterprises delivering cargo and mail by air;

c) Staff of enterprises carrying out survey, construction, repair and maintenance of facilities and equipment at the airport/aerodrome;

d) Officials and staff of regulatory authorities, political organizations and socio-political organizations;

dd) Staff of foreign diplomatic missions, foreign consular missions and representative bodies of international organizations in Vietnam.

2. The persons specified in Point a Clause 1 of this Article shall be issued with a badge with long-term use if they:

a) Do not have criminal records in accordance with regulations of law; and

b) Are assigned by the supervisory organization to work shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome restricted areas within at least 03 consecutive months or carry out aviation inspection within restricted areas.

3. The persons specified in Points b and c Clause 1 of this Article shall be issued with a badge with long-term use if they:

a) Do not have criminal records in accordance with regulations of law; and

b) Are assigned by the supervisory organization to work shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome restricted areas within at least 03 consecutive months.

4. The persons specified in Point d Clause 1 of this Article shall be issued with a badge with long-term use if they do not have criminal records in accordance with regulations of law and satisfy one of the following conditions:

a) They perform security and national defense tasks related to civil aviation;

b) They serve VVIP flights in accordance with regulations of the law on VVIP flights;

c) They perform the task of welcoming and seeing off international guests of central political organizations and socio-political organizations; central or provincial regulatory authorities;

d) They are regularly in charge of seeing off and welcoming the members of the Politburo, Secretary of the Party Central Committee, members of the Party Central Committee, alternate members of the Party Central Committee, Ministers and the equivalent or higher positions, Secretaries and Deputy Secretaries of Party Committees of provinces and central-affiliated cities; Presidents of People’s Councils, Presidents of People’s Committees of provinces and central-affiliated cities; Deputy Minister of Transport; Deputy Minister of Public Security; Deputy Minister of National Defense; Deputy Chief of the General Staff, Director of Operations of General Staff, Chief and Deputy Chief of General Political Department of Vietnam People s Army; vehicle operators specified in Points b and c Clause 7 of this Article.

dd) They are assigned by the supervisory organization to work shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome restricted areas within at least 03 consecutive months or carry out aviation inspection within restricted areas;

e) The head of the issuing authority shall consider, decide and take responsibility for special cases.

5. The persons specified in Point dd Clause 1 of this Article shall be issued with a badge with long-term use if they regularly perform tasks in diplomatic and consular matters within airport/aerodrome restricted areas.

6. Eligible applicants and conditions for issuance of the airport/aerodrome security control badge with short-term use:

a) The persons who perform unexpected tasks within airport/aerodrome restricted areas or the persons specified in Clause 1 of this Article may obtain an airport/aerodrome security control badge with short-term use if they have not yet obtained an airport/aerodrome security control badge with long-term use.

b) The applicant for the airport/aerodrome security control badge with short-term use shall write a commitment in the badge delivery logbook at the place of issue as follows: “Commitment made by the applicant: the badge holder will make contact himself/herself so that he/she is escorted to the restricted area as prescribed in Clause 4 Article 32 of the Circular on elaboration of Vietnam’s ASP and aviation security quality control”;

c) The head of the issuing authority shall consider, decide and take responsibility for special cases.

7. Vehicles issued with a permit with long-term use include:

a) Vehicles that regularly operate within airport restricted areas;

b) Vehicles that are under the management of the Communist Party and regulatory authorities and are used to serve VVIP flights;

c) Vehicles that are under the management of the Communist Party and regulatory authorities and specially used to serve members of the Politburo, Secretary of the Party Central Committee, members of the Party Central Committee, alternate members of the Party Central Committee, Ministers and the equivalent or higher positions, Secretaries and Deputy Secretaries of Party Committees of provinces and central-affiliated cities; Presidents of People’s Councils, Presidents of People’s Committees of provinces and central-affiliated cities; Deputy Minister of Transport; Deputy Minister of Public Security; Deputy Minister of National Defense; Deputy Chief of the General Staff, Director of Operations of General Staff, Chief and Deputy Chief of General Political Department of Vietnam People s Army.

8. Vehicles issued with a permit with short-term use include

a) Vehicles that are used to transport international guests from the ministerial rank or higher;

b) Vehicles that perform unexpected tasks to perform national defense and security tasks and serve activities of the airport/aerodrome within the restricted areas;

c) Vehicles specified in Clause 7 of this Article but not yet been issued with the permit with long-term use;

d) The head of the issuing authority shall consider, decide and take responsibility for special cases.

9. The vehicles specified in Clause 8 of this Article shall be only issued with the airport/aerodrome security control permit with short-term use if the applicant writes a commitment in the permit delivery logbook at the place of issue as follows: “Commitment made by the applicant: the permit holder will make contact himself/herself so that he/she is escorted by a person or vehicle to the restricted area as prescribed in Clause 6 Article 32 of the Circular on elaboration of Vietnam’s ASP and aviation security quality control”.

10. Scope of issuance of the badge/permit:

a) The person who works at each airport/aerodrome shall only be issued with an airport/aerodrome security control badge with long-term use that is only accepted at the airport/aerodrome where he/she is working;

b) The person who works at multiple airports shall be issued with an airport/aerodrome security control badge with long-term use that is only accepted at the airport/aerodrome where he/she is working; the person or vehicle that works or operates in a restricted area shall be only issued with a badge or permit that is only accepted in such restricted area; the person or vehicle that works or operates in a restricted area shall be only issued with a badge or permit that is only accepted at such restricted area for the working/operating period;

c) The persons specified in Points dd Clause 1 of this Article shall be issued with a badge with long-term use that is accepted at the international airport;

d) The badge with short-term use and permit with long-term/short-term use shall be only accepted at one airport/aerodrome.

11. In case the strengthened security measure or airport contingency plan is applied or for security reasons, the airport/aerodrome operator shall decide to limit the number of people and vehicles that have been issued with the security badge or permit that is accepted at the restricted area and immediately inform the CAAV and relevant airports authority.

Article 15. Responsibilities of applicants for issuance of badges and permits for applications for issuance of badges and permits

Heads of the applicants’ authorities/units shall:

1. Ensure that applicants eligible to apply for badges/permits are those specified in Article 14 of this Circular;

2. Ensure the accuracy of applications for badges and permits.

Article 16. Invalid aviation security control badges and permits and re-issuance of aviation security control badges and permits

1. An invalid aviation security control badge/permit shall be invalid in the following cases:

a) The badge or permit is damaged or blurred or no longer bears the security symbol;

b) The badge or permit is erased or corrected;

c) The badge or permit is lost;

d) The badge holder no longer satisfies conditions applied to eligible applicants and conditions for issuance of badges;

dd) Vehicles issued with the permit no longer satisfies conditions applied to eligible applicants and conditions for issuance of permits;

e) Cases in which the badge or permit has to be revoked but the holder fails to return the badge or permit to the issuing authority.

2. The aviation security control badge/permit may be re-issued in the following cases:

a) The design of the badge or permit is changed;

b) The badge or permit is still effective but is blurred, damaged or no longer bears the security symbol;

c) The badge or permit is expired or lost or the badge/permit holder is reassigned to another authority.

Article 17. Procedures for issuance of new airport/aerodrome security control badges with long-term use by the CAAV and airports authorities

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) An application form, which is made using the form in the Appendix VI hereof;

b) Certified true copies or copies presented together with their originals for verification purpose of the document proving legal status, functions and tasks of the applicant unless the applicant is an aviation service provider or non-aviation service provider at the airport/aerodrome;

c) A brief list provided in Appendix VII hereof;

d) An application form for airport/aerodrome security control badge with long-term use, which is made using the form in the Appendix VIII hereof (except in the case where the police and customs authorities directly work at the airport, the declaration is not required) and includes a 04x06 cm color photo bearing a joint page seal (the photo shall be taken on a white background within the last 06 months);

dd) 01 color photo specified in Point d Clause 1 of this Article.

2. The issuing authority shall appraise the application and consider whether to issue the badge. To be specific:

a) Within 07 working days from the receipt of the satisfactory application, if the applicant is eligible, the issuing authority shall issue the badge;

b) Within 03 working days from the receipt of the satisfactory application, if the applicant is ineligible, the issuing authority shall respond and provide explanation in writing;

c) Within 03 working days from the receipt of the application, if the application is unsatisfactory or contains unclear issues, the issuing authority shall request the applicant in writing to provide additional information and documents or request a meeting in person about unclear issues.

Article 18. Procedures for re-issuance of airport/aerodrome security control badges with long-term use by the CAAV and airports authorities

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) In case of reissuance due to change of design or badge expiration, the application shall include the documents prescribed in Points a, c, d and dd Clause 1 Article 17 of this Circular;

b) In case of reissuance to replace an unexpired badge that is blurred, torn, damaged or no longer bears the security symbol, the application shall include the documents prescribed in Points a, c and dd Clause 1 Article 17 of this Circular and such badge must be returned;

c) In case of reissuance due to loss, the application shall include the documents prescribed in Points a and d Clause 1 Article 17 of this Circular and an applicant‘s written representation of the date, place and cause of loss, which must be certified by the head of the applicant’s authority/unit;

d) In case of reissuance due to reassignment to another authority or unit, the application is prescribed in Clause 1 Article 17 of this Circular; in case of reassignment within the same authority or unit, the application shall include the documents prescribed in Points a and c Clause 1 Article 17 of this Circular.

2. The issuing authority shall appraise the application and consider whether to issue the badge. To be specific:

a) Within 05 working days from the receipt of the satisfactory application, if the applicant is eligible, the issuing authority shall issue the badge;

b) Within 03 working days from the receipt of the satisfactory application, if the applicant is ineligible, the issuing authority shall respond and provide explanation in writing;

c) Within 03 working days from the receipt of the application, if the application is unsatisfactory or contains unclear issues, the issuing authority shall request the applicant in writing to provide additional information and documents or request a meeting in person about unclear issues.

Article 19. Procedures for issuance of airport/aerodrome security control badges with short-term use by airports authorities

1. The authority applying for the badge shall submit an application directly to the airports authority. An application includes:

a) A copy presented together with its original or certified true copy of one of the following effective documents: ID card, Citizen ID card; diplomatic ID card, consular ID card, official ID card, ordinary ID card; passport; aviation security control badge with long-term use;

b) An application form, which contains information about full name, telephone and email of the representative of the applicant;

c) A list, which is compiled using the form in Appendix X hereof.

2. Within 60 minutes from the receipt of the satisfactory application, the airports authority shall appraise it and issue the badge. In case of rejection of the application, explanation shall be provided to the applicant.

Article 20. Procedures for issuance of new airport/aerodrome security control badges with long-term use by airport/aerodrome enterprises

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) A list of officials and staff applying for the permit, which is compiled using the form in Appendix VII hereof;

b) An application form for airport/aerodrome security control badge with long-term use, which is made using the form in the Appendix VIII hereof and includes a 04x06 cm color photo bearing a joint page seal (the photo shall be taken on a white background within the last 06 months);

c) 01 color photo specified in Point b Clause 1 of this Article.

2. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall compile a list of badge holders using the form in the Appendix VII hereof and send it to the regional airports authority.

Article 21. Procedures for re-issuance of new airport/aerodrome security control badges with long-term use by airport/aerodrome enterprises

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) In case of reissuance due to badge expiration, the application shall include the documents prescribed Clause 1 Article 20 of this Circular;

b) In case of reissuance to replace an unexpired badge that is blurred, torn, damaged or no longer bears the security symbol, the application shall include the documents prescribed in Points a and c Clause 1 Article 20 of this Circular and such badge must be returned;

c) In case of reissuance due to loss, the application shall include the documents prescribed in Points a and c Clause 1 Article 20 of this Circular and a written confirmation of the date, place and cause of loss provided by the head of the authority/unit applying for the badge;

d) In case of reissuance due to reassignment, the application shall include the documents prescribed in Points a and b Clause 1 Article 20 of this Circular.

2. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall compile a list of badge holders using the form in the Appendix VII hereof and send it to the regional airports authority.

Article 22. Procedures for issuance of airport/aerodrome security control badges with long-term use by airport/aerodrome enterprises

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) A list, which is compiled using the form in Appendix X hereof;

b) A copy presented together with its original or certified true copy of one of the following effective documents: ID card, Citizen ID card, passport or aviation security control badge with long-term use.

2. Within 60 minutes from the receipt of the satisfactory application, the airport/aerodrome enterprise shall appraise it and issue the badge. In case of rejection of the application, explanation shall be provided to the applicant.

Article 23. Procedures for issuance of new airport/aerodrome security control permits with long-term use by airports authorities and airport/aerodrome enterprises

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) An application form, which is made using the form in the Appendix VI hereof (except in the case where the applicant issues the permit to its vehicle);

b) A list of vehicles to be issued with the airport/aerodrome security control permit with long-term/short-term use, which is compiled using the form in the Appendix IX hereof;

c) A copy of the valid certificate of inspection of technical and environmental safety issued by a competent authority.

2. The issuing authority shall appraise the application and consider whether to issue the permit. To be specific:

a) Within 07 working days from the receipt of the satisfactory application, if the applicant is eligible, the issuing authority shall issue the permit;

b) Within 03 working days from the receipt of the satisfactory application, if the applicant is ineligible, the issuing authority shall respond and provide explanation in writing;

c) Within 03 working days from the receipt of the application, if the application is unsatisfactory or contains unclear issues, the issuing authority shall request the applicant in writing to provide additional information and documents or request a meeting in person about unclear issues.

3. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall send a list of vehicles to be issued with the airport/aerodrome security control permit with long-term/short-term use using the form in the Appendix IX hereof to the regional airports authority.

Article 24. Procedures for re-issuance of airport/aerodrome security control permits with long-term use by airports authorities and airport/aerodrome enterprises

1. The applicant shall submit an application to the issuing authority, whether directly or by post or another appropriate manner. An application includes:

a) In case of reissuance due to permit expiration, the application shall include the documents prescribed Clause 1 Article 23 of this Circular;

b) In case of reissuance to replace an unexpired permit that is blurred, torn, damaged or no longer bears the security symbol, the application shall include the documents prescribed in Points a and b Clause 1 Article 23 of this Circular and such permit must be returned;

c) In case of reissuance due to loss, the application shall include the documents prescribed in Points a and b Clause 1 Article 23 of this Circular and a written confirmation of the date, place and cause of loss provided by the head of the authority/unit applying for the permit;

2. The issuing authority shall appraise the application and consider whether to issue the permit. To be specific:

a) Within 05 working days from the receipt of the satisfactory application, if the applicant is eligible, the issuing authority shall issue the permit;

b) Within 03 working days from the receipt of the satisfactory application, if the applicant is ineligible, the issuing authority shall respond and provide explanation in writing;

c) Within 03 working days from the receipt of the application, if the application is unsatisfactory or contains unclear issues, the issuing authority shall request the applicant in writing to provide additional information and documents or request a meeting in person about unclear issues.

3. Within 05 working days from the issuance date, the airport/aerodrome enterprise shall send a list of vehicles to be issued with the airport/aerodrome security control permit with long-term use using the form in the Appendix IX hereof to the regional airports authority.

Article 25. Procedures for issuance of airport/aerodrome security control permits with short-term use by airports authorities and airport/aerodrome enterprises

1. The authority applying for the permit shall submit an application directly to the issuing authority. An application includes:

a) An application form, which contains information about full name, telephone and email of the representative of the applicant;

b) A list of vehicles to be issued with the airport/aerodrome security control permit with short-term use, which is compiled using the form in the Appendix IX hereof;

c) A copy of the valid certificate of inspection of technical and environmental safety issued by a competent authority.

2. Within 60 minutes from the receipt of the satisfactory application, the issuing authority shall appraise it and issue the permit. In case of rejection of the application, explanation shall be provided to the applicant.

Article 26. Procedures for issuance of new airport/aerodrome security control badges with long-term use and re-issuance of airport/aerodrome security control badges with long-term use to police authorities and customs authorities at checkpoints at international airports/aerodromes

1. The police authority and customs authority at the checkpoint at an international airport/aerodrome that take responsibility for documents, resumé, identity and tasks of the persons to be issued with the badge shall submit an application to the airports authority, whether directly or by post or another appropriate manner. The application includes:

a) An application form, which is made using the form the Appendix VI hereof;

b) A list of officials and staff regularly working at the international airport/aerodrome, which contains information about their full names and positions, and authorities and areas where they are working;

c) 02 04x06 cm color photos (the photos shall be taken with uniform on a white background within the last 06 months) or photos taken by the issuing authority.

2. Within 07 working days from the receipt of the satisfactory application, the airports authority shall appraise it and issue the badge. In case of rejection of the application, explanation shall be provided in writing.

Article 27. Issuance, management and archiving of applications for issuance of aviation security control badges and permits

1. Applications for issuance of badges and permits shall be archived and destroyed in accordance with regulations of the law on archiving.

2. At issuing authorities, regulations on applications and procedures for issuance of aviation security control badges and permits shall be posted and badge and permit delivery logbook shall be available. When issuing airport/aerodrome aviation security control badges and permits with short-term use, it is required to request applicants to write their commitment as prescribed in Clauses 5 and 9 Article 14 of this Circular.

Article 28. Appraisal and representation upon issuance of aviation security control badges and permits

1. The issuing authority shall appraise applications and the following contents to issue badges and permits:

a) Applicants;

b) Conditions for issuance of badges and permits;

c) Scope of issuance of badges and permits;

d) Time limit for issuance of badges and permits;

dd) Airports and restricted areas to be specified in badges and permits.

2. Applicants for badges and permits shall produce representation and provide documentary evidence to the issuing authority to clarify contents specified in Clause 1 of this Article during the application appraisal.

3. The issuing authority is entitled to refuse to issue badges and permits if the applicants refuse to produce representation and provide documentary evidence or violate regulations on management and use of badges and permits or it is found that information contained in applications for badges and permits is untruthful.

Article 29. Applicants, conditions and procedures for issuance and management of internal security control badges and permits and crew identification badges

The enterprise issuing internal security control badges and permits and crew identification badges shall specify applicants and conditions for issuance of badges and permits; designs of badges and permits; applications and procedures for issuance of badges and permits; responsibilities for management, issuance and revocation of badges and permits in the ASP approved by the CAAV.

Article 30. Management and use of aviation security control badges and permits

1. The badge holder and user of the vehicle issued with the permit shall store their badge and permit and not allow another person to use them in any shape or form. If the badge/permit holder no longer performs tasks within restricted areas, the badge/permit shall be returned to the authority applying for the badge/permit, which will return it to the issuing authority. In case the badge/permit is lost, immediately inform the issuing authority and supervisory authority.

2. The badge holder or user of the vehicle issued with the permit shall have his/her badge/permit revoked (not applicable to cases in which violations for which penalties have been imposed as prescribed in the Decree on penalties for administrative violations against regulations on civil aviation) if he/she:

a) Violates regulations on aviation security and safety;

b) Disturbs order at the airport/aerodrome;

c) Violates regulations on use of badges and permits;

d) No longer satisfies conditions for issuance of badges and permits.

3. The head of the authority/unit managing badge and permit holders shall:

a) Impose regulations on management and use of badges and permits;

b) revoke and transfer the invalid badges and permits prescribed in Clause 1 Article 16 of this Circular and badges and permits revoked as prescribed in Clause 2 of this Article to the issuing authority. The cases of badge/permit loss shall be immediately notified to the issuing authority in writing;

c) Within 15 days from expiry date of the badge/permit, it shall be destroyed.

4. Officials and staff of immigration authorities and import and export authorities at the border checkpoints shall use their aviation security control badge to enter and leave restricted areas and are not required to wear the badge during work.

5. The issuing authority shall immediately send a list of cases of loss of badge/permit it issued to the aviation security control force and security force of the restricted area specified in the lost badge/permit and the CAAV to promptly prevent the use of the lost badge/permit. Within 15 days from the receipt of the invalid badge/permit, the issuing authority shall destroy it.

Section 2. RESTRICTED AREA AND PUBLIC AREA SECURITY CONTROL

Article 31. Establishment of restricted areas

1. According to current infrastructure and civil aviation activities, the following restricted areas shall be established:

a) Sterile area for passengers and carry-on baggage that have undergone screening for boarding purpose, area from the point where internal staff must undergo security check before entering a restricted area to the terminal;

b) Aircraft parking area, runways, taxiways and other areas within the aerodrome (aerodrome);

c) Baggage sorting and loading area;

d) Transit/transfer area;

dd) Cargo and mail sorting and loading area;

e) VVIP flight lounges;

g) Baggage reclaim area at arrival terminal;

h) Aircraft maintenance, repair and installation area;

i) Catering area;

k) Fuel farm;

l) Airport Emergency Center; National Airport Emergency Center;

m) Area Control Center, Approach Control Unit, Air Traffic Flow Management Center;

n) Aerodrome Control Tower, air traffic control radar station, flight monitoring and communication station;

o) Airport/aerodrome water and electricity supply area (outside the airport/aerodrome restricted area);

p) Area from the baggage screening point to the terminal;

q) Area from the cargo and mail screening point to the terminal/warehouse;

r) Area where multipoint control units of technical system of the terminal and aerodrome are installed, airport/aerodrome entrance gate control area, building management area; camera security control room; area where airport/aerodrome radio and television broadcasting system control equipment is installed; area where server serving operation of the airport/aerodrome is located.

2. When designing an ASP, the airport/aerodrome operator shall, according to Clause 1 of this Article, take charge and cooperate with the airports authority, airport security control department of the aviation security assurance service provider and relevant authorities and units in determining restricted areas and specific boundary of each restricted area of the terminal/aerodrome and restricted area under the management of the airport/aerodrome operator.

3. When making ASR, the aviation service provider at the airport/aerodrome shall, according to Clause 1 of this Article, take charge and cooperate with the airports authority and relevant authorities and units in determining restricted areas and specific boundary of each restricted area under its management with respect to the areas outside the terminal/airport; when making ASR, the air traffic service provider and cargo and mail handling facility shall determine and establish restricted areas and specific boundary of each restricted area with respect to the areas of the airport/aerodrome.

4. In the cases where it is required to take strengthened airport/aerodrome security assurance measures or to protect the scene or to serve civil aviation activities and it is considered that it is necessary to temporarily establish a new restricted area, the airport/aerodrome security control department shall recommend the airport/aerodrome operator to establish it and immediately notify the airports authority, authorities and units regularly working within such area. The establishment of a temporary restricted area shall satisfy the following requirements:

a) The restriction only lasts for a limited period of time;

b) Hard or soft fence are built to form the boundary; appropriate warning signs and signals are available;

c) Aviation security checkpoints and aviation security control staff are available to carry out inspection during the establishment;

d) Appropriate aviation security assurance measures are in place;

dd) If the restriction lasts for more than 24 hours, it is required to obtain written consent of the CAAV.

5. The establishment of restricted areas and application of aviation security inspection measures to each restricted area must serve the purpose of aviation security assurance and not obstruct people and vehicles that enter, leave and normally work within restricted areas. The authority or unit establishing restricted areas must put up a warning sign that reads “KHU VỰC HẠN CHẾ-RESTRICTED AREA” in appropriate and recognizable locations adjacent to restricted areas and public areas.

Article 32. Regulations on exit from, entry into and operation within restricted areas

1. When entering, leaving and working within restricted areas, people and vehicles are required to have an aviation security control badge/permit.

2. The badge shall be worn at the chest level to ensure that the front side of the badge is visible during the working hours, except the case specified in Clause 4 Article 30 of this Circular; the permit shall be displayed clearly from the front windshield or in a recognizable location.

3. People, carry-on items and vehicles must enter and leave a restricted area through the designated gate or door, comply with instructions and regulations on security, safety and operation within restricted areas and be subject to aviation security inspection.

4. The user of the aviation security control badge with short-term use must be escorted when entering and working within a sterile area; and supervised when entering and working within other restricted areas. The supervisor and escort must have an airport/aerodrome security control badge with long-term use and must:

a) Regularly work within restricted areas of the authority applying for the badge with short-term use; or

b) Be staff of the authority in charge of the restricted area; regulatory authority; unit regularly working within the restricted area; or

c) Be staff of aviation security control force or airports authority.

5. The supervisor or escort specified in Clause 4 of this Article shall register the following information in the work shift logbook of the aviation security control force at the security checkpoint before taking the supervisee or escortee to a restricted area: full name and number of the aviation security control badge of the supervisor/escort and the supervisee/escortee. The supervision and escorting shall satisfy the following requirements:

a) The supervisor shall regularly supervise activities of the supervisee; promptly instruct the supervisee in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority s person performing his/her tasks near the restricted area of the violations committed by the supervisee;

b) The escort shall go with the escortee and regularly supervise his/her; promptly instruct the escortee in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority s person performing his/her tasks near the restricted area of the violations committed by the escortee;

6. A vehicle entering and operating within a restricted area shall be supervised by the aviation security control staff or staff having a ground vehicle operation permit or escorted by the vehicle of the airport/aerodrome operator in the following cases:

a) The vehicle is issued with a permit with long-term use but the vehicle operator is only issued with the security control badge with short-term use;

b) The vehicle is issued with a permit with short-term use;

c) The vehicle does not regularly operate within the airfield.

7. The supervisor or operator of the escort vehicle specified in Clause 6 of this Article shall register the following information in the work shift logbook of the aviation security control force at the security checkpoint before supervising and escorting the vehicle to the restricted area: full name and number of the aviation security control badge of the operator of the supervised/escorted vehicle; and number of the aviation security control permit issued to the supervised/escorted vehicle. The supervision and escorting shall satisfy the following requirements:

a) The supervisor shall regularly supervise activities of the supervised vehicle; promptly instruct the supervised vehicle operator in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority s person performing his/her tasks near the restricted area of the violations committed by the supervised vehicle operator;

b) The escort vehicle shall take up a position in front of and keep a safe distance from the escorted vehicle, travel, stop and is parked in accordance with safety regulations, especially when operating within the airfield. Promptly instruct the escorted vehicle operator in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority s person performing his/her tasks near the restricted area of the violations committed by the escorted vehicle operator.

8. Vehicles operating within restricted areas shall travel in the proper lane and at permissible speed, stop and are parked at the designated location; be subject to inspection and follow the instructions of the aviation security control staff who is performing his/her tasks.

9. In the cases where filming and photographing within the restricted areas or aviation security checkpoints are not deemed as governmental secrets, it is required to obtain written permission from the supervisory authority.

10. In case of performing contingency and rescue tasks, the head of the authority or unit of the persons and vehicles performing emergency and rescue tasks shall cooperate with the aviation security control force and security force of the unit in charge of the restricted area to supervise activities of persons and vehicles without the aviation security control badge/permit or internal security control badge/permit.

11. The integrity of checked baggage, cargo and mail shall be ensured within a restricted area:

a) Heads of authorities and units operating at airports/aerodromes shall adopt measures against baggage, cargo and mail theft within their jurisdiction. The airports authority shall supervise the adherence to this regulation by authorities and units.

b) Airport/aerodrome operators, cargo service providers and ground service providers shall inspect and supervise the compliance with procedures and standards for baggage and cargo handling.

c) Airport/aerodrome operators shall promulgate regulations on the list of persons and vehicles allowed to enter and leave through each specific gate, door and path; list of carry-on items that have to be registered or declared at the aviation security checkpoint before entering restricted areas; carry-on items that are not allowed in restricted areas;

d) Airlines shall disseminate regulations on transport of valuable items put in checked baggage; procedures for filing complaints and claiming compensation in the case of strayed baggage;

dd) Measures for property theft prevention shall be specified in the ASPs and ASRs of enterprises.

Article 33. Regulations on introduction of dangerous articles into restricted areas

1. The introduction, management and use of dangerous articles into and within a restricted area shall be specified in ASPs and ASRs according to the CAAV’s list of prohibited or restricted articles in carry-on and checked baggage.

2. The unit using dangerous articles as tools that serve operation of authorities and units within airport/aerodrome restricted areas shall register with aviation security control force and carry out aviation security inspection of such areas.

3. The unit using dangerous articles as tools that serve operation of authorities and units within airport/aerodrome restricted areas shall organize the management and take responsibility for the management, use and assurance of security and safety of dangerous items specified in Clause 2 of this Article.

Article 34. Aviation security checkpoints at gates, doors and paths

1. Aviation security checkpoints shall be established at the following locations:

a) Gates, doors and paths from the public area to the restricted area;

b) Gates, doors and paths from the exclusive use restricted area that is connected to the public area to other restricted areas.

2. At each aviation security checkpoint (except the aviation security checkpoint from the public area to the temporarily established restricted area), the following documents must be available:

a) Procedures for checking people, items and vehicles entering and leaving restricted areas;

b) Design of aviation security control badge/permit used to enter restricted areas;

c) List of people and vehicles whose badge/permit is lost or revoked but is not returned;

c) Directory, templates of required records and forms, registration of dangerous articles, vehicles and items brought to restricted areas; list of carry-on items that have to be registered or declared at the aviation security checkpoint before entering restricted areas; carry-on items that are not allowed in restricted areas;

dd) Shift handover logbook that records security inspection and results thereof.

3. At aviation security checkpoints, appropriate signs, security staff and equipment must be available to ensure that aviation security check is continuously conducted. Gates, doors and movable fences at aviation security checkpoints shall be always kept locked and only opened for entry of checked and eligible persons and vehicles.

Article 34. Security inspection, patrol and guard within restricted areas

1. The aviation security control force shall continuously conduct continuous inspection of passengers, people and vehicles working within restricted areas by adopting appropriate measures to discover suspicious behaviors and promptly prevent violations; check and handle unclaimed baggage and items and take other aviation security measures.

2. The aviation security control force shall carry out patrol and guard to promptly prevent people, vehicles and livestock from entering restricted areas or violating aviation security and safety regulations.

3. At the military and civil airport/aerodrome, the aviation security control force shall reach an agreement with the military unit based at the airport/aerodrome on patrolling, guarding and protecting the area between the area used for civil aviation activities and the area used for military activities.

4. The inspection, patrol and guard shall be elaborated in ASPs and ASRs.

Article 36. Security inspection of people, vehicles and items upon entry into, exit from and operation within restricted areas but not passengers, baggage, cargo, mail and items carried on board the aircraft

1. Aviation security control staff and security staff shall conduct security inspection of people, vehicles and items introduced into and operating within restricted areas.

2. People, vehicles and items introduced into a restricted area, except those specified in Clause 9 of this Article shall undergo aviation security check. To be specific:

a) Aviation security control badge/permit;

b) People, carry-on items and necessary documents (if any);

c) Vehicles and items on the vehicles.

3. People, vehicles and items carried out of a restricted area shall undergo security check by the aviation security control force if they are suspected of property theft, smuggling and trade fraud or in the case of strengthened aviation security assurance or under the direction of the competent authority. The following shall be checked:

a) Aviation security control badge/permit;

b) People, carry-on items and necessary documents (if any);

c) Vehicles and items on the vehicles.

4. Procedures for checking people:

a) Visually check aviation security control badge;

b) Check people through the door-frame metal detector and hand-held metal detector at checkpoints equipped with door-frame and hand-held metal detectors. In case the door-frame metal detector or hand-held metal detector triggers an alarm, conduct a manual check. It is required to manually check at least 5% of people walking through the door-frame metal detector in case the door-frame metal detector or hand-held metal detector does not trigger any alarm. A manual check shall be conducted in a manner that ensures it is conducted continuously during operating hours of the security checkpoint in a day.

c) Conduct manual checks at checkpoints not equipped with door-frame and hand-held metal detectors.

d) Sequence and ways of badge check, procedures for manual check and use of door-frame and hand-held metal detectors and procedures for door-frame metal detector check shall be specified in ASRs of aviation service providers.

5. Procedures for checking items:

a) Check items using an X-ray machine at checkpoints equipped with X-ray machines. In the case of suspicion, conduct a manual check;

b) Conduct manual checks of items at checkpoints not equipped with X-ray machines;

c) Sequence and ways of manual check and X-ray check shall be specified in ASRs of aviation service providers.

6. Procedures for checking vehicles:

a) Request the vehicle operator and people on the vehicle to leave the vehicle;

b) Check the vehicle permit;

c) Physically check the exterior of the vehicle;

d) Use mirror to check the underbody and the upper surface of the vehicle;

dd) Manually check the inside of the vehicle cabin;

e) Check the passenger and cargo compartments of the vehicle (except in the cases where the cargo compartment is sealed as prescribed);

g) Check vehicle and cargo security seals;

h) Sequence and ways of manual check and use of mirror for vehicle underbody and upper surface check shall be specified in ASRs of aviation service providers.

7. Regulations on security check ofitems carried into and out of restricted areas

a) A declaration made using the form in the Appendix XXVI hereof shall be retained at aviation security checkpoints. The aviation security control force shall check items carried into and out of restricted areas at checkpoints and conduct a random or spot check in the case of suspicion;

b) In case a person carrying items on the list of items that have to be registered or declared at aviation security checkpoints regularly enters or leaves airport/aerodrome restricted areas, the supervisory authority or unit shall send a list of staff and carry-on items regularly entering and leaving restricted areas to the aviation security control department;

c) In case a person not on or on the list mentioned in Point b of this Clause carries items not included in the declaration or exceeding the registered amount through the aviation security checkpoint, he/she is required to declare the items carried into and out of the restricted area according to the form in Appendix XXVI hereof, and enter and leave the same gate. At the aviation security checkpoint, the aviation security control staff must collect the declaration and compare it against the items carried into and out of the restricted area and record the change in quantity of the items used in the restricted area (if any);

d) The airport/aerodrome operator shall promulgate specific regulations on the list and procedures for registering and checking items carried into and out of the airport/aerodrome restricted area;

dd) Documents about checking of items carried into and out of restricted areas must be managed and archived in accordance with regulations on archiving.

8. Procedures for aviation security inspection of each restricted area shall be described in detail in ASRs of enterprises and units.

9. When going through the aviation security checkpoint, the border checkpoint police officers performing their duties at the airport/aerodrome do not need to take off their coats, hats, shoes, sandals and belts. When going through thedoor-frame metal detector, people, documents and special equipment are not required to be manually searched. The following shall be checked:

a) Aviation security control staff badge/permit;

b) Carry-on items, except military uniform, documents and special equipment;

c) Vehicles and items on the vehicles.

10. Heads of border checkpoint police authorities at airports/aerodromes shall ensure that their officers and soldiers do not carry dangerous articles against the law into airport/aerodrome restricted areas. In case any border checkpoint police authority s officer or soldier is suspected, the aviation security control staff shall prevent such officer or soldier from entering the restricted area and immediately notify the head of the checkpoint police authority at the airport/aerodrome; only allow the officer or soldier to enter the restricted area when obtaining consent from the head of the checkpoint police authority.

Article 37. Signs put up in public areas of airports and aerodromes

Airport/aerodrome operators shall take charge and cooperate with aviation security control forces, aviation service providers, police authorities and traffic authorities in diverting traffic and putting up signs on internal public roads and in parking lots, passenger pickup areas and other public areas under the management of the airport/aerodrome operators.

Article 38. Security inspection within public areas of airports and aerodromes

1. People and vehicles traveling and working within public areas shall comply with regulations of the law on road traffic, regulations of airports/aerodromes, instructions given by aviation security control forces and regulations on aviation security and safety assurance, social order and safety, and be polite and civilized.

2. Airport/aerodrome operators shall take charge and cooperate with aviation security control forces, police authorities (for airports where police authorities perform their regular tasks) and airports authorities in deciding on the number, locations and operating hours of aviation security checkpoints; divert traffic within passenger pickup areas and service areas within public areas of airports.

3. Aviation security control forces shall deploy aviation security control staff to carry out aviation security inspection, give traffic instructions to people and vehicles; regulate the number of people and vehicles entering and working in the car parking area, divert internal traffic, aviation check-in areas and other public areas of airports and aerodromes; cooperate with relevant airports authorities, police and army forces and local governments in the cases where it is required to strengthen assurance of aviation security and public order and actions against violations.

4. The deployment of patrol and inspection forces and specialized equipment, and establishment of security inspection procedures shall ensure that unclaimed items, baggage, cargo and vehicles, and violations committed within public areas of airports and aerodromes are promptly discovered and handled, and shall be specified in ASRs of aviation security assurance service providers.

5. Passengers’ or visitors’ items, baggage and property sent at the air cargo center in the public area of the passenger terminal shall undergo aviation security check before being received using appropriate measures.

Article 39. Assurance of security within areas adjacent to airports and aerodromes

1. The airports authority and airport/aerodrome operator shall take charge and cooperate with the People’s Committee of relevant local authority in disseminating regulations on aviation security and safety to the people living within the area adjacent to the airport/aerodrome.

2. The airports authority and aviation security control force shall cooperate with relevant local authority in complying with aviation security regulations and preventing violations against the law within the area adjacent to the airport/aerodrome.

3. The airports authority and aviation security control force shall cooperate with the competent authority of the Ministry of National Defense and relevant local authorities and units in assessing locations where aircrafts are potentially vulnerable to terrorist attack by man-portable air-defense systems or unmanned aerial vehicles.

4. The airports authority and aviation security control force shall cooperate with police authorities at all levels in the area adjacent to the airport/aerodrome in formulating and implementing a plan to prevent acts of illegal interference involving aircraft at the airport/aerodrome and use of man-portable air-defense systems and other weapons for attacking aircraft during takeoff and landing.

5. The aviation security control force and security forces of relevant authorities and units shall cooperate with police authorities of relevant communes in patrolling areas adjacent to airports/aerodromes, restricted areas outside airports/aerodromes upon request in order to promptly discover and take actions against violations of law.

Section 3. SECURITY INSPECTION BEFORE COMMERCIAL AIR TRANSPORT FLIGHTS

Article 40. Security seal

1. Cases in which aviation security seal shall be attached after inspection

a) Containers of cargo, mail, bulk package, strayed baggage, unclaimed baggage, catering carts and stores;

b) Containers of aircraft stores and supplies, except those serving aircraft maintenance and repair;

c) For the vehicle used to fill the aircraft, its inlet and exhaust ports must be sealed after receiving fuel. The doors of the non-operational aircraft must be sealed.

2. It is required to make sure that the security seals cannot be removed after being affixed or they will be damaged if they are removed; the size and type of security stamp or wire seal must be appropriate to the item to be sealed.

3. The design of security stamps and security wires, and regulations on management, inventorying, issuance and use of stamps and security wires shall be specified in ASPs and ASRs of aviation enterprises. Requirements on security seals are provided in the Appendix XIII hereof.

Article 41. Aviation security inspection of passengers and carry-on baggage on departure

1. Airlines shall be only allowed to agree to transport and let passengers board if they have their boarding passes and identity documents specified in the Appendix XIV hereof and have undergone security inspection. Checked baggage of each passenger shall be checked in individually instead of in group. Before allowing passengers to board, the check-in agent shall compare passengers against their identity documents and boarding passes to make sure that passengers, their identity documents and boarding passes match.

2. Passengers with checked baggage, except for the cases specified in Clause 3 of this Article, must be present at the check-in counter to drop their baggage. The check-in agent shall compare passengers against their boarding passes or tickets and identity documents, and ask them about their baggage. In case of any suspicion, notify the person in charge of the aviation security checkpoint.

3. A passenger may authorize another person to follow check-in procedures on his/her behalf in the following cases:

a) The mission is composed of a member of the Politburo, member of the Party Central Committee, alternate member of the Party Central Committee, Minister and the equivalent or higher positions, Secretary or Deputy Secretary of the Party Committee of province or central-affiliated city; President of People’s Council, President of People’s Committee of province or central-affiliated city; Deputy Minister of Transport; Deputy Minister of Public Security; Deputy Minister of National Defense; Deputy Chief of the General Staff, Director of Operations of General Staff, Chief and Deputy Chief of General Political Department of Vietnam People s Army;

b) The director of the airports authority shall decide and take responsibility for emergency cases.

4. Passengers without checked baggage may check-in themselves through the online check-in system or self check-in kiosks allowed by airlines and relevant competent authorities without being present at the check-in counter.

5. Passengers and carry-on baggage shall undergo 100% screening; passengers who refuse to undergo screening will be refused permission to fly.

6. At each aviation security checkpoint, there must be a room for aviation security search; X-ray machines, door-frame metal detectors, hand-held metal detectors, explosive detection devices, communication devices and other necessary tools and devices.

7. At each aviation security checkpoint, there must be sufficient aviation security control staff to sufficiently and effectively perform the following tasks:

a) Check and compare passengers’ identity documents against their tickets or boarding passes physically or electronically (mobile phones, computers, etc.) and passengers;

b) Instruct passengers to place their personal belongings, baggage and items on the conveyor belt of X-ray machine;

c) Check passengers using hand-held metal detector or explosive detection devices, conduct manual checks and search of passengers;

d) Monitor the screen of X-ray machine continuously for no more than 30 minutes with a minimum interval of 30 minutes;

dd) Receive baggage and items to be screened at the request of the staff monitoring the screen of X-ray machine and transfer them to the staff conducting manual checks and search;

e) Conduct manual checks or searches of carry-on baggage and items;

g) The chief of the shift shall direct, manage and monitor all tasks performed at aviation security checkpoints; rotate tasks of staff during each shift; resolve difficulties and take actions against violations reported by staff; not directly perform the tasks specified in Points a, b, c, d, dd and e of this Clause.

8. Passengers shall comply with all instructions and request of the aviation security control staff, and passenger and carry-on baggage screening procedures as follows:

a) Passengers shall take off their coats, hats, shoes and belts, and remove their personal belongings and other carry-on items; put items, liquids and electronic devices on a tray to be passed through the X-ray machine before walking through the door-frame metal detector;

b) If the hand-held metal detector triggers alarms when passengers walk through it, the aviation security control staff shall use the hand-held metal detector and conduct a manual check at the same time;

c) Passengers shall put their baggage on the conveyor belt to be passed through the X-ray machine. In the case of suspicion, the aviation security control staff shall conduct a manual check or security search as prescribed.

9. Passengers and baggage that have completed aviation security procedures shall be continuously inspected using CCTV cameras or directly inspected by the aviation security control staff or inspected using the two aforementioned measures until they board.

10. Aviation security check of disabled passengers, war invalids, patients on wheelchairs or stretchers and with medical aids implanted on them shall be manually conducted or conducted using other measures at appropriate locations.

11. Manual checks of passengers and carry-on baggage shall be conducted at aviation security checkpoints or in security search rooms. Manual checks of passengers at aviation security checkpoints shall be conducted by the staff of the same gender. Where necessary, female staff may check male passengers. Manual checks in search rooms shall be conducted by staff of the same gender, witnessed by a third person of the same gender and recorded.

12. In case dangerous articles not allowed to be carried along or put in carry-on baggage are found, the aviation security control staff shall comply with regulations specified in Article 62 of this Circular.

13. A random manual check of passengers and carry-on baggage shall be additionally conducted after the first aviation security check with a percentage of at least 10%. Random manual checks shall be conducted at aviation security checkpoints or passengers shall be taken to security search rooms upon request. A manual check shall be conducted in a manner that ensures it is conducted continuously during operating hours of the security checkpoint in a day. Methods and procedures for manual checks of passengers and carry-on baggage shall be specified in ASRs of aviation security assurance service providers.

14. Procedures for security inspection of passengers and carry-on baggage on departure shall be elaborated in ASRs of aviation security assurance service providers.

Article 42. Aviation security inspection of transit passengers, transfer passengers and passengers having domestic stops and their carry-on baggage

1. In case transit passengers and passengers having a domestic stop are retained on board an aircraft, such aircraft must be continuously inspected using CCTV cameras or directly inspected by the aviation security control staff or inspected using the two aforementioned measures until the departure and it is not allowed to let passengers disembark.

2. Upon disembarkation, transit passengers, transfer passengers and passengers having a domestic stop shall carry their personal belongings and carry-on baggage.

3. Aircraft operators shall conduct checks to ensure that transit passengers, transfer passengers and passengers having a domestic stop do not leave their personal belongings and carry-on baggage on board the aircraft when they disembark.

4. Transit passengers, transfer passengers and passengers having a domestic stop shall undergo security screening before boarding as if the passengers on departure do, except in the cases where the following requirements are satisfied:

a) Transit, transfer or domestic stop tag is attached to passengers;

b) Since the disembarkation, passengers do not leave the restricted area or are subject to continuous security inspection.

5. Procedures for security check of transit passengers, transfer passengers and passengers having a domestic stop shall be elaborated in ASRs of aviation security assurance service providers.

Article 43. Aviation security inspection of crewmembers

1. Aircraft operators shall send a list of crewmembers to the aviation security control force before the crewmembers undergo aviation security check. Crewmembers shall wear uniform, pack their baggage themselves and be only allowed to carry baggage as prescribed in Clause 4 of this Article.

2. Crewmembers shall present their crew identification badges at the aviation security checkpoint. Aviation security control staff shall check and compare the list of crewmembers provided by the aircraft operator against their crew identification badges.

3. Crewmembers and their baggage shall undergo security screening, inspection and search as if passengers and their carry-on baggage on departure do.

4. Airlines shall specify the monitoring of baggage and items of crewmembers upon their embarkation in their ASPs.

5. Procedures for security check of crewmembers and their baggage shall be elaborated in ASRs of aviation security assurance service providers.

Article 44. Aviation security inspection of checked baggage

1. Check-in agents shall request each passenger to determine whether the checked baggage belongs to him/her so that he/she is allowed to follow check-in procedures. It is not allowed check in baggage in group, except in the case specified in Clause 3 Article 41 of this Circular. In the case of suspicion, notify the aviation security control staff for additional check.

2. Checked baggage of transit and departure passengers shall undergo aviation security inspection with X-ray machine. In the case of suspicion, conduct a manual check using explosive detection devices or other appropriate measures. In case of suspicion or information about threats to flight security and safety, it is required to search checked baggage.

3. At each aviation checkpoint, there must be sufficient aviation security control staff to sufficiently and effectively perform the following tasks:

a) Monitor the screen of X-ray machine continuously for no more than 30 minutes with a minimum interval of 15 minutes;

b) Conduct manual checks or searches.

c) The chief of the shift shall direct, manage and monitor all tasks performed at aviation security checkpoints.

4. Procedures for check of checked baggage shall be elaborated in ASRs of aviation security assurance service providers.

5. A manual check of checked baggage shall be conducted in the presence of the baggage owner or his/her legal representative or representative of the airline, except in the case of contingency.

6. If checked baggage of transit passengers, transfer passengers and passengers having a domestic stop has been unloaded from the aircraft, it shall undergo security check as if checked baggage on departure does, except in the cases where the following requirements are satisfied:

a) The baggage is not moved out of the apron or subject to continuous aviation security inspection from the time that it is moved out of the aircraft until it is carried on board the aircraft;

b) A transit, transfer or domestic stop tag is attached to the baggage.

Article 45. Aviation security inspection of checked baggage

1. After completing check-in and security check procedures, checked baggage of departure, transfer and transit passengers shall be continuously inspected using CCTV cameras or directly inspected by the aviation security control staff or inspected using the two aforementioned measures until the baggage is carried on board. It is not allowed to let unauthorized persons approach checked baggage.

2. Checked baggage carousels and checked baggage handling areas shall be controlled and inspected using CCTV cameras or directly inspected by the aviation security control staff or inspected using the two aforementioned measures. It is not allowed to let unauthorized persons approach these areas.

3. Ground handling service providers shall take measures to prevent the loss of property in checked baggage and prevent checked baggage that is denied transport from being put on conveyor belts or baggage trucks.

4. If checked baggage is torn or broken, zippers on it come apart, it no longer remains intact before being loaded onto the aircraft or is suspected of being subjected to illegal interference, a security re-check shall be conducted. The security re-check shall be recorded. Responsibilities of organizations and individuals for ensuring integrity of baggage, and procedures for managing, inspecting and handling baggage that is no longer intact before being loaded onto the aircraft or is suspected of being subjected to illegal interference shall be defined in ASPs and ASRs of enterprises.

Article 46. Passenger and baggage reconciliation

1. Baggage of each passenger shall be transported together with him/her on the same flight, except in the case specified in Clause 2 Article 149 of the Law on Vietnam Civil Aviation.

2. Airlines or aircraft operators shall ensure that:

a) A baggage tag specifying the flight number, date and code of the baggage must be attached to each checked baggage.

b) Before a flight, make a list of checked baggage and compare it with the list of passengers.

c) The list of checked baggage loaded onto the aircraft is signed.

3. In the cases where a passenger has been issued with the boarding pass but is not present to take the flight, the airline shall ensure that all baggage of such passenger is offloaded from the aircraft prior to departure.

4. Except diplomatic pouches and consular pouches, one of the following security check measures shall be applied to the checked baggage not transported together with passengers as prescribed by the Law on Vietnam Civil Aviation and made into a record:

a) Security screening of items in different positions using X-ray machine;

b) Security check with explosive detection devices.

Article 47. Storage lost and unclaimed baggage; unclaimed items and baggage

1. Passenger terminal operation service providers shall designate a lost and unclaimed baggage storage area until the baggage is moved away. Baggage storage area shall be protected. Unauthorized persons are not allowed to enter the area. Protection measures shall be elaborated in ASPs and ASRs of aviation service providers.

2. Airlines and passenger and baggage service providers shall retain and prepare a lost and unclaimed baggage logbook, which specifies the quantity, weight, flight, flight route and handling measures. Lost and unclaimed baggage shall undergo security screening and be sealed before being moved to the storage area and carried on board.

3. In case of suspicion or information about threats to flight security and safety, it is required to search lost and unclaimed baggage.

4. As any unclaimed item or baggage is found, it is required to immediately inform the aviation security control force for initial actions. If unclaimed baggage is stored in lost and unclaimed baggage storage area, it shall be stored as if strayed baggage or unclaimed baggage is stored.

Article 48. Aviation security inspection of diplomatic pouches and consular pouches

1. Diplomatic pouches and consular pouches shall be exempt from X-ray screening, manual checks and searches, except for the cases specified in Clause 6 of this Article.

2. The aviation security control force shall check diplomatic pouches/consular pouches as follows:

a) Check security seals and visible external signs of diplomatic pouches/consular pouches as prescribed by the law on diplomatic and consular affairs;

b) Check passports, pouch authorization letters and written confirmation of number of diplomatic pouches/consular pouches provided by the diplomatic mission or consular office.

3. If there are reasonable grounds to believe that the diplomatic pouch/consular pouch contains dangerous articles not allowed in the aircraft, the pouch shall be refused transport.

4. Upon refusal, it is required to make a record specifying reasons thereof and confirmed by the diplomatic or consular liaison officer and airports authority. The record shall be sent to the diplomatic mission or consular office.

5. Diplomatic passport holder, diplomatic liaison officers, consular liaison officers or representatives of diplomatic missions or consular offices, diplomatic missions and items carried with them when entering restricted areas or travelling with diplomatic pouches/consular pouches shall undergo security check as prescribed in Articles 36 and 41 of this Circular.

6. Diplomatic pouches or consular pouches will undergo X-ray screening if the airline submits a written request to the head of the aviation security control force at the airport/aerodrome and obtains consent of the diplomatic or consular liaison officer. X-ray screening shall be made into a record, which shall be confirmed by the airline and given to the diplomatic or consular liaison officer, aviation security control staff and airports authority, and sent to the diplomatic mission or consular office.

7. Procedures for check of diplomatic pouches and consular pouches shall be elaborated in ASRs of aviation security assurance service providers.

Article 49. Aviation security inspection of crewmembers, passengers, baggage and cargo on VVIP flights

1. Security inspection of crewmembers, passengers, baggage and cargo on VVIP flights shall be carried out by the aviation security control force and comply with regulations specified in Articles 41, 43, 44, 45 and 50 of this Circular, except in the case the Guard High Command affiliated to the Ministry of Public Security carries out inspections.

2. The CAAV shall cooperate with the Guard High Command affiliated to the Ministry of Public Security and relevant authorities in promulgating regulations on security inspection of crewmembers, passengers, baggage and cargo on VVIP flights.

3. Exemption from security checks regarding VVIP flights shall comply with regulations on assurance of VVIP flights.

Article 50. Aviation security inspection of cargo and mail carried on board aircrafts at airports and aerodromes

1. At each aviation checkpoint, there must be sufficient aviation security control staff to sufficiently and effectively perform the following tasks:

a) Check documents (declaration of the sender, completed customs procedures for cargo carried on international flights), document each checked shipment of cargo; conduct manual security checks and searches; conduct checks using explosive detection devices;

b) Monitor the screen of X-ray machine continuously for no more than 30 minutes with a minimum interval of at least 15 minutes;

c) Attach security seals;

d) The chief of the shift shall direct, manage and monitor all tasks performed at aviation security checkpoints.

2. Procedures for security check of cargo and mail shall be elaborated in ASPs and ASRs of aviation enterprises.

3. Cargo and mail on departure shall undergo 100% screening, except in the case specified in Clause 7 of this Article and cases in which special articles are exempted from screening as prescribed in Article 52 of this Circular. In the case of suspicion, conduct a manual check or take other appropriate measures. A manual check shall be conducted in the presence of the owner or legal representative or representative of the airline. In case of suspicion or information about threats to flight security and safety, it is required to search cargo and mail.

4. After undergoing 100% screening as specified in Clause 3 of this Article, cargo and mail shall be subject to continuous security inspection using an appropriate measure until they are carried on board the aircraft. If it is found that cargo or mail is no longer intact or the container is not attached to security seal before being loaded on to the aircraft, the cargo and mail handling staff shall promptly inform the aviation security control staff. The aviation security control staff shall take appropriate security re-check measures in order to discover or prevent dangerous articles. The aircraft operator shall control cargo and mail carried on board the aircraft as prescribed.

5. In case screened cargo and mail on departure have to be transported through public areas to the aircraft, vehicles shall be escorted or controlled using appropriate measures during the transport to prevent unauthorized introduction of dangerous articles.

6. Transit and transfer cargo and mail shall undergo security screening and inspection as if cargo and mail on departure do, except for regulations specified in Clause 7 of this Article.

7. Transfer/transit cargo and mail carried on the passenger aircraft are not required to undergo security check if there is written confirmation that or security seal that confirms the aviation security check has been completed and in one of the following cases:

a) The transit/transfer cargo and mail are not unloaded from the aircraft or apron or are subject to continuous aviation security inspection;

b) The transit/transfer cargo and mail that are transported from the apron to the storage area through the public area and vice versa shall be sealed and inspected using appropriate measures during their transport to prevent unauthorized introduction of dangerous articles.

9. Documents about the handling of cargo, mail, weapons, explosives and combat gears and records shall be archived as prescribed by the law on archives.

Article 51. Aviation security inspection of cargo and mail at facilities outside airports and aerodromes

1. If a cargo and mail handling facility that handles a great number of cargo and mail transported by air satisfies all requirements for infrastructure and human resource for aviation security assurance and has its ASR approved by the CAAV, it is allowed to establish a cargo and mail security checkpoint at a facility outside the airport.

2. In order to ensure aviation security and protect interests of relevant parties, the CAAV shall issue the license for provision of aviation security assurance services to the enterprises suitable to provide cargo and mail security inspection services at facilities outside airports.

3. Enterprises in charge of cargo and mail handling facilities shall ensure security and protect cargo and mail handling facilities according to the approved ASRs; take appropriate measures for security inspection of cargo and mail upon receipt, storage and transport of checked cargo and mail to airports/aerodromes.

4. The CAAV shall promulgate measures and procedures for aviation security check of cargo and mail in the whole air supply and transport chain appropriate to nature of each type of cargo and mail. Enterprises involved in air transport of cargo and mail shall take measures and follow procedures for aviation security check promulgated by the CAAV in order to prevent unauthorized introduction of dangerous articles.

Article 52. Aviation security check of special articles

1. Dead human body contained in a hermetically sealed zinc inner coffin transported by aircraft shall be exempted from X-ray screening and manual check. The process of packaging and sealing the zinc inner coffin shall be supervised by the competent health authority. The zinc inner coffin shall remain sealed and there must be written confirmation provided by the health facility and enclosed with the death certificate.

2. Products made from blood, viscera for transplantation, vaccine and pharmaceutical products that must remain sealed shall be exempted from X-ray screening. Containers shall be sealed and enclosed with written confirmation provided by the health facility.

3. The exemption from X-ray screening and manual check shall apply to dangerous cargo of which screening or manual check will endanger the life and health of aviation security control staff, such as materials for nuclear research and radioactive materials. The containers shall be sealed and enclosed with written confirmation of safe packaging and written request of the competent authority.

4. Regarding human remains and ashes, security check thereof shall be conducted as if security check of normal cargo and baggage is conducted, except in the cases where the relevant regulatory authority or the foreign diplomatic mission applies for exemption from X-ray screening and approval for the application from the head of the aviation security control department at the airport/aerodrome is obtained.

5. Live animals and easily damaged articles that cannot be screened using X-ray machine shall be manually checked or checked using appropriate measures.

6. Transport of dangerous cargo shall comply with regulations on air transport of dangerous cargo. Dangerous cargo shall be packaged and labeled as prescribed by law and declared before being accepted for transport. Airlines shall inspect and define the compliance with regulations on air transport of dangerous cargo before accepting it for transport. If any dangerous cargo is found during security check, the aviation security control force shall notify the airline for consideration.

7. The carriage of medical devices classified as dangerous items on the aircraft to take care of patients and VVIPs must be requested in writing and approved by the airline representative and the head of the aviation security control force at the airport/aerodrome.

8. Special articles specified in Clauses 1, 2, 4, 5 and 7 of this Article shall be checked using explosive detection devices.

9. Procedures for security check of special articles shall be elaborated in ASRs of aviation security assurance service providers.

Article 53. Aviation security inspection of airline meals

1. Enterprises manufacturing, processing and supplying airline meals (hereinafter referred to as "catering enterprises") shall ensure aviation security of meals in accordance with their approved security regulations.

2. Catering areas shall be protected. The entry into and operation within these areas require appropriate aviation security control badges/permits. Vehicles transporting meals from the supplying area through public areas to the aircraft shall be escorted by security staff of the enterprise or other appropriate security measures shall be taken.

3. Samples of meals shall be retained for at least 24 hours since such meals are transported to the aircraft to be served.

4. After undergoing a security check, carts and bags containing meals served on the aircraft shall be sealed. Only sealed carts and bags containing meals are accepted to enter airport/aerodrome restricted areas and to be served on the aircraft.

5. If carts and bags containing meals are transported from public areas to restricted areas without being sealed or security seals or carts and bags containing meals are no longer intact, they shall undergo X-ray screening or manual check before being transported to airport restricted areas to be carried on board the aircraft and shall be subject to continuous aviation security inspection.

6. Procedures for aviation security inspection of airline meals shall be elaborated in ASRs of aviation security assurance service providers.

Article 54. Aviation security inspection of aircraft stores and supplies

1. Aircraft stores and supplies shall be packed in containers or bags and undergo X-ray screening. Containers and bags of aircraft stores and supplies shall be sealed after undergoing X-ray screening (except items serving aircraft maintenance and repair) and continuously inspecting using CCTV cameras or directly inspected by the aviation security control staff or inspected using the two aforementioned measures until they are carried on board the aircraft.

2. Warehouses containing aircraft stores and supplies shall be protected. The entry into and operation within these areas require appropriate aviation security control badges/permits.

3. Persons in charge of aircraft operation, maintenance and repair shall check and compare the number and type of items serving aircraft operation, maintenance and repair when loaded onto or unloaded from the aircraft. The check and comparison shall be made into a record, which will be presented to the aviation security control staff upon entering and leaving a restricted area.

4. Procedures for aviation security inspection of aircraft stores and supplies shall be elaborated in ASRs of aviation security service providers.

Article 55. Assurance of aviation security of aircraft fuel

1. Fuel suppliers shall ensure aviation security of aircraft fuel in accordance with their approved security regulations.

2. Fuel farms and vehicles shall be protected. The entry into and operation within these farms require appropriate aviation security control badges/permits.

3. After receiving fuel to fill the aircraft, inlet and exhaust ports of aircraft refueling vehicles shall be sealed. The vehicles shall be escorted and protected or other appropriate measures shall be taken to ensure security when traveling in public areas.

4. Aviation security control forces at airports and aerodromes shall inspect and supervise aircraft refueling vehicles before they enter airports, and ensure that security seals attached to inlet and exhaust ports of aircraft refueling vehicles remain intact.

5. Procedures for security check of aircraft fuel shall be elaborated in ASRs of aviation service assurance service providers.

Article 56. Security inspection of passengers who are the suspects, defendants, prisoners, deported persons, extradited persons and persons arrested under the wanted decision

1. When following aviation procedures, the escort shall present the escort order or escort decision issued by the competent authority.

2. The airline representative shall cooperate with the escort in assessing the risks to the transport of escortees and deciding to take appropriate measures to ensure security and safety; notify the aviation security control force and airports authority at the airport/aerodrome of departure.

3. The escort and escortee may undergo a security check in a separate area. The escortee and his/her baggage and items shall undergo a manual check.

4. The aviation security control staff shall cooperate with the escort in closely managing and supervising the process of loading and unloading the escortee.

5. The airline representative shall notify the pilot-in-command of the seat of the passenger who is the suspect, defendant, prisoner, deported person or extradited person and escort and his/her combat gears. The pilot-in-command shall notify the aviation security control force in the area where the aircraft is expected to land of necessary assistance (if any).

Article 57. Security inspection of passengers denied entry

1. Every airline shall be responsible for its passengers who are denied entry to Vietnam. To be specific:

a) Arrange the passengers departure out of Vietnam as soon as practicable;

b) Cooperate with the border checkpoint police authority in temporarily seize passengers’ identity documents and initiate procedures to get other documents issued by the immigration authority for the purpose of transporting such passengers in case they do not have valid identity documents.

c) Notify the border checkpoint police authority and relevant airports authority of the list of passengers, time and place where passengers denied entry are managed and the number of the flight out of Vietnam;

d) Keep identity documents or other documents issued by the immigration authority and return them to passengers only when they have been transferred to the competent authority of the country where the aircraft arrives.

2. If the airline transports passengers denied entry to a foreign country back to Vietnam, the airline shall cooperate with the competent authority of the home country to obtain the passengers’ identity documents or other documents issued by the competent authority of the home country for the purpose of transporting such passengers.

3. If passengers denied entry are managed and supervised at an airport/aerodrome, the aviation security control force shall manage and supervise them as prescribed by law. If a passenger denied entry does not voluntarily return home, the airline shall request security staff to escort him/her during flight. At least 01 staff member escorts 01 passenger.

4. The airline shall incur all costs in connection with passengers denied entry.

5. The airline representative shall notify the pilot-in-command of the seats of passengers denied entry and escorts and their combat gears. The pilot-in-command shall notify the aviation security control force of the airport/aerodrome or foreign authority in the area where the aircraft is expected to land of necessary assistance.

Article 58. Security inspection of passengers who have lost their act control capacity

1. Passengers who have lost their act control capacity are:

a) Those who have lost their act control capacity due to their mental disorder;

b) Those who have lost their act control capacity due to using wine, beer or stimulants.

2. Passengers who have lost their act control capacity due to using wine, beer or stimulants shall be denied for transport.

3. The transport of passengers having mental disorder shall be considered and decided by the airline representative. In case of accepting transport, the following requirements shall be satisfied:

a) Passengers having mental disorder shall be accompanied by their doctors or relatives who are able to control their abnormal acts. Where necessary, passengers having mental disorder shall be anaesthetized before embarking the aircraft. The duration of the flight must not be longer than the effective period of the medicine;

b) Passengers having mental disorder and their baggage and items shall be manually checked. The manual check may be conducted in a separate area;

c) Where necessary, the aviation security control force shall escort passengers having mental disorder to the aircraft and vice versa at the request of the airline representative;

d) The airline representative shall inform the pilot-in-command of the seats of passengers having mental disorder. Where necessary, the pilot-in-command shall notify the aircraft/aerodrome operator in the area where the aircraft is expected to land of necessary assistance.

Article 59. Procedures for handling disruptive passengers

1. If the disruptive passenger has yet to embark the aircraft, the aviation security control force shall prevent him/her from embarking the aircraft, temporarily seize him/her and his/her identity documents. The next steps shall be taken as prescribed in Articles 83 and 84 of this Circular. The handling shall minimize effects on normal operation of airports and aerodromes.

2. If the passenger has embarked the aircraft and the aircraft is on the ground, the pilot-in-command shall apply appropriate measures within his/her power; decide to land off if necessary for security and safety reasons; notify the airline representative; the airline representative shall notify the aviation security control force and airports authority at the airport/aerodrome for cooperation in handling.

3. If the aircraft is in flight, the pilot-in-command shall apply appropriate measures within his/her power; decide to land off if necessary for security and safety reasons; notify the airline representative or aviation authority at the airport (if there is no airline representative) where the aircraft lands; the pilot-in-command shall, according to the nature and degree of the case, make an administrative violation record or report the case as prescribed by the law on administrative penalties for violations against civil aviation regulations or make a record according to regulations of the home country and transfer the case to the aviation authority at the airport where the aircraft lands.

4. Upon receiving the notification, the aviation security control force at the airport/aerodrome shall immediately board the aircraft to cooperate with the crew in taking necessary coercive measures to escort the disruptive passenger off the aircraft, temporarily seize his/her identity documents and items; the crew shall prepare a report on the case and transfer it to the airports authority and the airline representative shall be present to witness and cooperate in handling the case.

5. When informed, the relevant airports authority shall be immediately present at the place where the case is handled to directly assess and decide to handle it within its power; supervise the entire process of handling the case, even on board the aircraft; take charge and cooperate with the aviation security control force at the airport/aerodrome and airline in assessing the case and deciding to take necessary security measures; request the transfer of the case file; suspend or allow to resume the flight; make records and impose penalties for administrative violations; if the case is beyond its power, transfer it to the competent authority.

Article 60. Denying and prohibiting transport for security reasons; conducting mandatory manual checks of passengers

1. Airlines are entitled to deny transporting passengers for security reasons in the cases prescribed by law.

2. Procedures for deciding and power to decide to transport passengers for security reasons shall be elaborated in ASPs of airlines. The denial shall be immediately notified to the airports authority.

3. The CAAV shall issue the decision on temporary or permanent prohibition against air transport of passengers that commit violations against the law; the CAAV shall, according to the nature and degree of violations, consider deciding to conduct mandatory manual checks of people that violate regulations on security and order on board aircraft at airports and aerodromes.

4. The CAAV shall regularly update and notify the list of passengers prohibited from transport and passengers required to undergo mandatory manual check to airports authorities, airlines and aviation security assurance service providers.

5. Airlines shall take appropriate and effective measures to issue warnings about or immediately discover persons prohibited from transport and those required to undergo mandatory manual check when they make the booking or follow check-in procedures.

Article 61. Aviation security re-check

1. Screened passengers and carry-on baggage that have left the sterile area shall be subject to security re-check upon returning to the area.

2. In the event that a mix of screened passengers and carry-on baggage and unscreened passengers occurs, the aviation security control force shall immediately apply the following measures:

a) All passengers and their carry-on baggage shall be transferred to another area and the entire sterile area shall be re-checked;

b) All passengers and their carry-on baggage shall be re-checked before being allowed to board their aircraft;

c) If any passenger has had access to an aircraft, all passengers, their carry-on baggage and passenger cabin shall be re-checked.

3. If the security seal does not remain intact or check baggage, cargo, mail, aircraft stores and supplies or carts and bags containing meals are torn or broken, they shall be re-checked before being loaded onto the aircraft.

4. Security re-check specified in Clauses 2 and 3 of this Article shall be made into a record.

Article 62. Measures for handling dangerous articles discovered during security check of passengers, baggage, cargo and mail

1. If any bomb, mine, explosive, explosives precursor, combustible matter, radioactive material or toxic substance that may pose a risk is found or suspected, the aviation security control force shall immediately assess the risk to take appropriate measures. Regarding mines, bombs or explosive materials, if the explosion mechanism is not clearly known, leave them as they are and rapidly blockade the area, evacuate passengers to a safe area and immediately inform the mine and bomb disposal force of the police or army force.

2. If a dangerous article without permit is found, the security aviation control force at the airport/aerodrome shall make a record using the Form in the Appendix XXIV hereof and transfer the person, files and dangerous item to the competent authority and inform the airline for appropriate handling measures.

3. If it is found that a dangerous item fails to comply with air transport requirements, the aviation security control force at the airport/aerodrome shall instruct the passenger to leave it or instruct him/her to follow transport procedures as prescribed or refuse to complete security screening procedures and request the airline or legal representative of the shipper or passenger to comply with transport requirements.

4. When detecting any weapon or explosive hidden on a passenger’s body, rapidly take an appropriate measure to restrain such passenger; when detecting any weapon or explosive hidden in the passenger’s carry-on baggage, immediately restrain the passenger from the baggage.

Article 63. Aviation security inspection of sterile areas

1. Sterile areas shall undergo daily security checks before being put into operation and subject to close and continuous security inspection during operation.

2. When a sterile area is not in service, its entrance and exit doors must be locked or guarded by aviation security staff.

3. Procedures for aviation security inspection of sterile areas shall be elaborated in ASRs of aviation security assurance service providers.

Section 4. ASSURANCE OF SECURITY OF COMMERCIAL AIR TRANSPORT AIRCRAFTS

Article 64. Protection of aircrafts parked on aprons

1. Aircrafts parked on aprons shall be protected using appropriate measures in order to detect or prevent people and vehicles from illegally approaching, loading and unloading items or leaving them on the aircrafts.

2. Regarding the non-operational aircraft, take measures specified in Clause 1 of this Article and comply with the following requirements:

a) Its stair, jet bridge and conveyor, and other vehicles shall be evacuated from the aircraft;

b) The aircraft operator shall close and lock the aircraft; seal the aircraft doors; the aircraft parked at night shall be illuminated.

3. Regarding the aircraft in operation, take measures specified in Clause 1 of this Article and comply with the following requirements:

a) It is subject to continuous aviation security inspection or has its doors closed, locked and sealed;

b) The aircraft operator shall conduct searches of people and items upon their embarkation and disembarkation.

Article 65. Aircraft security check and search

1. Before or after embarkation and disembarkation of passengers, baggage, cargo and mail, the aircraft operator shall conduct a security check of the aircraft according to the list of types of aircraft in order to detect dangerous articles that may be hidden or stowaways. The aircraft operator shall specify procedures for aircraft security check in ASPs of airlines.

2. Aircraft security checks and searches shall be conducted according to a list. On each aircraft, there must be an aircraft security search and check list and its contents must be specified in ASPs of airlines.

Article 66. Cockpit protection

1. While an aircraft is in flight, the cockpit door shall be lockable from inside and there must be means by which cabin crew can discreetly notify the flight crew in the event of suspicious activity or security violations in the passenger cabin.

2. All aircraft of a maximum certificated take-off mass in excess of 45,500 kg or with a passenger seating capacity greater than 60 must meet the following requirements:

a) The aircraft cockpit door shall be designed to resist penetration by small arms fire and grenade shrapnel or to resist forcible intrusions by unauthorized persons;

b) Means shall be provided so that pilots can monitor entire door area outside the cockpit to identify persons requesting entry and to detect suspicious behavior or potential threat.

3. All aircraft operators shall ensure that the aircraft doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorized persons, including:

a) Flight crew members who are on duty;

b) Persons permitted by the aircraft operator;

c) Persons allowed to enter the cockpit as prescribed by law.

4. Flight crew members are not allowed to leave the cockpit without the permission from the pilot-in-command. There should always be 02 flight crew members in the cockpit. If, in the event of force majeure, there is only 01 flight crew member in the cockpit, 01 flight attendant should be present therein.

Article 67. In-flight security assurance

1. When passengers embark the aircraft, the airline shall check and compare their identity documents and boarding passes to ensure that they board the correct flight. The checking measures shall be elaborated in ASPs of airlines.

2. Before the departure of aircraft, the pilot-in-command shall compare the total number of passengers issued with boarding pass with that on the aircraft using an appropriate measure. If there is no match, the reasons therefor have to be explained so that the aircraft is allowed to depart.

3. When the aircraft is in flight, the pilot-in-command shall ensure aviation security, and maintain order and discipline on the aircraft; is entitled to take measures to prevent and respond to acts of illegal interference and violations of regulations on aviation security assurance, acts of order disturbance, failure to comply with the requests and instructions of the crew as stipulated by law; transfer violators, exhibits and records or report violations to the competent authority when the aircraft lands at an airport or aerodrome. The pilot-in-command shall carry out aviation security inspection, and maintain order and discipline on the aircraft in flight.

4. Crewmembers shall obey orders and commands of the pilot-in-command; regularly supervise the passenger cabin to promptly detect abnormal behaviors of passengers and notify the pilot-in-command thereof; cooperate with the in-flight security staff in responding to and handling acts of illegal interference.

5. The CAAV shall be in charge of cooperating with affiliates of the Ministry of Public Security, foreign competent authorities and airlines in deploying in-flight aviation security staff.

Article 68. Transport of passengers who are the suspects, prisoners, deported persons, extradited persons and persons arrested under the wanted decision

1. The transport of persons who potentially threaten aviation security must comply with the regulations of law and there must be escorts. No more than 05 persons are allowed in these cases, except for the case specified in Clause 7 of this Article are transported. VVIP flights with hired compartment shall not transport passengers who are the suspects, prisoners, deported persons, extradited persons and persons arrested under the wanted decision.

2. Regarding an inbound flight, in case regulation of the law of the home country is different from that specified in Clause 1 of this Article, the CAAV shall make assessment and decision on the transport limitation.

3. The seating position of the escortees shall be designated at rows of seats far from the entrance door and exit door. The escorts shall be seated by the aisle, the escortees shall be seated next to the escorts. In case the number of escorts is twice as many as the number of escortees, the escortees shall be seated between the two escorts.

4. The escortees shall be supervised by the escorts during flight even when they are in toilet, meals may be served to the escortees on the aircraft with the consent of the escorts. Escorts and escortees shall not use stimulants or alcoholic solutions.

5. Escortees shall not be handcuffed or legcuffed to any part of the aircraft.

6. The airline shall make sure escorts and escortees embark before other passengers and disembark after other passengers.

7. The transport of deported passengers who volunteer to return home with a quantity greater than that specified in Clause 1 of this Article shall be only performed if capable of ensuring security. The airline shall make assessment and decision.

Article 69. Transport of weapons, tools of war, radioactive materials and other dangerous articles on aircraft

1. The transport of weapons, tools of war, radioactive materials and other dangerous articles on the aircraft flying to or over the territory of Vietnam shall comply with regulations of Vietnamese law.

2. The list of dangerous articles which passengers and crew are not allowed put in their carry-on baggage and checked baggage to be on board the aircraft shall be promulgated by the CAAV.

3. Upon their transport, dangerous articles that are dangerous cargo shall be accepted for transport on board the aircraft by the airline representative in accordance with regulations on transport of dangerous cargo.

4. All airport/aerodrome operators shall post the list of dangerous articles not allowed in carry-on baggage and checked baggage at aviation security checkpoints; and notify the list of dangerous articles not allowed to be carried on board the aircraft at terminals in an appropriate manner.

5. Airlines shall post the list of dangerous articles not allowed in carry-on baggage and checked baggage at ticket offices and check-in counters.

Article 70. Procedures for receiving, managing, transporting and transferring weapons or combat gears

1. The person carrying weapons or combat gears, except the case specified in Clause 3 of this Article shall follow check-in procedure at the check-in counter as follows:

a) Present weapons, combat gears and relevant permits to the aviation staff to check when following the check-in procedure;

b) In case of carrying pistol on board the aircraft, complete the declaration using the form in the Appendix XV hereof. In case of consignment of pistol or ammunition, complete the declaration using the form in the Appendix XVI hereof.

2. The airline’s check-in agent shall inform the aviation security control staff so that he/she checks permits concerning arms and combat gears. In case of pistol and ammunition, the aviation security control staff shall check the declaration contents and sign the declaration.

3.The passenger that is an officer or guard soldier accompanying VVIPs shall complete the declaration using the form in the Appendix XV hereof and deliver it to the check-in agent before boarding the aircraft and take responsibility for safety of pistol, ammunition and combat gears carried along.

4. Procedures for receiving and transporting arms or combat gears:

a) The pistol owner must disassemble the magazine from the pistol; disassemble or disconnect the power source of combat gears; make sure the weapon and combat gear are in a safe state;

b) The ammunition must be packaged and stored in accordance with regulations on transport of dangerous cargo. The airline representative shall sign the declaration that is made using the form in the Appendix XVI hereof;

c) The ground staff that transports the pistol and ammunition from the check-in counter must be escorted and supervised by the aviation security staff;

d) Weapons and combat gears must be stored in the place where the passengers cannot approach during the flight.

5. The pilot-in-command must be informed of the number of weapons and ammunition transported on the flight.

6. At the arrival airport/aerodrome, the procedures for transferring weapons and combat gears shall be completed as follows:

a) The airline must inform its representative at the airport/aerodrome in an appropriate manner in order for him/her to receive, supervise and provide the information concerning the flight carrying consigned weapons and combat gears (flight number, landing time, landing place) for the aviation security control force at the airport;

b) The ground staff shall transport weapons and combat gears from the aircraft to the baggage claim area; compare identity documents and boarding pass with the checked baggage tag; transfer weapons, ammunition and combat gears to passengers in the baggage claim area;

c) The aviation security control force shall monitor the transport, transfer and registration, and monitor the passengers’ transport of weapons and combat gears out of airport/aerodrome restricted areas.

7. Procedures for receiving, managing, transporting and transferring weapons or combat gears shall be elaborated in civil aviation security programs of airlines and airport/aerodrome operators.

Article 71. Carrying liquids, aerosols and gels in carry-on baggage on international flights

1. When passing through the aviation security checkpoint to the international sterile area, each passenger and crewmember is only allowed to carry on no more than 01 liter of liquids, aerosols, and gels (LAGs). All lags must be carried in containers with a capacity no larger than 100 ml each and completely closed.

2. Clause 1 of this Article shall not apply to liquids that are medications and baby milk/baby food if the following requirements are met:

a) Regarding medication, it is required to present a copy of the prescription, which specifies full name and address of the prescriber and full name of the medication user appropriate to the full name on the boarding pass;

b) Baby milk and baby food is only permitted for passengers traveling with an infant.

3. LAGs purchased at duty-free shops within an international sterile area or on an international flight are allowed to be carried on without any restriction on capacity provided that they are kept in a sealed tamper-evident transparent plastic bag.

Section 5. ASSURANCE OF GENERAL AVIATION SECURITY

Article 72. Assurance of general aviation aircraft security

1. General aviation aircraft security shall be ensured as if commercial air transport aircraft security is ensured.

2. Security of general aviation aircraft parked outside an airport/aerodrome shall be ensured as follows:

a) Aircraft operators shall make regulations on aircraft protection relevant to their operation; cooperate with local authorities in aircraft protection; deploy forces to continuously guard the aircraft in order to promptly discover and prevent people and vehicles from gaining unauthorized access to the aircraft; establish fence and night lighting systems around aircraft parking area;

b) The aircraft doors must be locked or sealed.

3. The general aviation aircraft operator shall conduct security checks of aircraft before allowing people and items to board the aircraft and ensure security during flight.

4. Security of general aviation aircraft of a maximum certificated take-off mass in excess of 5,700 kg shall be ensured as if commercial air transport aircraft security is ensured.

5. Every airline involved in general aviation for commercial purpose shall develop its own ASP. The ASP shall elaborate measures to ensure aviation security and protect the airline’s aircrafts within and outside airports and aerodromes; establish and maintain its own aviation security department and assign persons to be in charge of its aviation security assurance under an independent and non-concurrent system.

Article 73. Security inspection of people and items carried on board general aviation flights

1. The security inspection of people and items carried on board general aviation shall be conducted using appropriate measures, which are elaborated in ASPs of airlines.

2. Regarding an aircraft that departs from an airport/aerodrome, the aircraft operator shall send a list of people and items carried on board the aircraft to the airport/aerodrome operator to conduct pre-flight security inspection.

3. Regarding an aircraft that departs from an area outside an airport/aerodrome, the aircraft operator shall conduct aviation security inspection of people and items carried on board the aircraft.

Section 6. ASSURANCE OF AVIATION SECURITY AT DEDICATED AERODROMES INVOLVED IN GENERAL AVIATION

Article 74. Assurance of aviation security at dedicated aerodromes managed and operated by the Ministry of National Defense

1. The CAAV shall cooperate with specialized agencies affiliated to the Ministry of National Defense in providing guidelines for ensuring security and safety of dedicated aerodromes; comply with regulations on cooperation in inspection and supervision of operation of dedicated aerodromes.

2. Regarding violations of aviation security at dedicated aerodromes, the forces in charge of ensuring security and maintaining order at aerodromes shall take initial actions, notify and transfer them to local authorities.

Article 75. Dedicated aerodromes not managed and operated by the Ministry of National Defense

Regarding violations of aviation security at dedicated aerodromes, the forces in charge of ensuring security and maintaining order at aerodromes shall take initial actions, notify and transfer them to local authorities.

Section 7. STRENGTHENED AVIATION SECURITY CONTROL MEASURES

Article 76. Collection of information about threats to aviation security

1. The CAAV shall cooperate with affiliates of the Ministry of Public Security, Ministry of National Defense and relevant ministries in collecting and assessing information about political security and social order and safety, conspiracies, methods and tricks of criminal organizations, terrorist organizations and criminals, and acts of illegal interference with civil aviation to decide to take strengthened aviation security control measures at each level according to regulations of law.

2. The CAAV, airport/aerodrome operators, airlines and aviation security assurance service providers shall publish hotlines that receive information relating to assault and acts of illegal interference with civil aviation.

Article 77. Scope of application of strengthened aviation security control measures

According to information about aviation security threats and risks, the Director of the CAAV shall decide to apply or cancel level of strengthened aviation security control nationwide or at a specific airport or aerodrome.

Article 78. Strengthened aviation security control measures

1. Procedures for adopting strengthened aviation security control measures applied to each level shall be elaborated in ASPs and ASRs of airport/aircraft operators, airlines and aviation service providers according to the contents specified in the Appendix XVII hereof.

2. The decision to apply strengthened aviation security control measures shall be notified by the CAAV and responsible authorities and units specified in the decision to relevant authorities in an appropriate manner as soon as practicable and immediately notified to the Minister of Transport and Minister of Public Security.

Section 8. PROVISION AND USE OF INFORMATION ABOUT PASSENGERS AND CARGO, AND AVIATION INFORMATION SYSTEM SECURITY

Article 79. Rules for using and providing information about identity of passengers, shippers and consignees

1. Only airlines involved in transport of passengers and cargo are allowed to use information about identity of passengers, shippers and consignees, except for the case specified in Clause 2 of this Article.

2. Every airline shall protect confidentiality of personal information of passengers; only provide information about identity of passengers, shippers and consignees to competent authorities upon request for the purpose of serving state management of civil aviation security and safety, ensuring political security, maintaining social order, preventing and fighting against smuggling, trade fraud and other criminals.

Article 80. Protection of aviation information system

1. The unit in charge of the aviation information system shall make and promulgate regulations on protection, management and use thereof to prevent illegal access and interference that threatens civil aviation safety, and theft and falsification of information and data in accordance with regulations of law.

2. The aviation information system shall be protected from the time a supplier is selected and during the process of installing and using the system. Protection measures include:

a) Managing the system by issuing security standards and procedures; selecting and training officials, especially those granted system privilege; assessing threats and risks to highlight system vulnerabilities and possibility of being attacked; carry out the inspection and testing and ensure the supply chain security; conducting inspections and tests; ensuring supply chain security;

b) Taking control over firewall; encrypting data; using network intrusion detection system and anti-virus system;

c) Protecting the system, especially servers which must be placed within an area where entry, exit and operation are controlled and restricted; only allowing authorized persons to access to the system using biometric method or password; restricting the number of persons granted access; continuously controlling and monitoring access to the system; using a backup system in the case of failure of the main system; logging activities to serve the inspection, assessment and warning in the case of any unusual activity.

3. ASPs, ASRs, contingency plans and air traffic service (ATS) contingency plans of aviation enterprises shall specify the protection of information system, information technology system, precautions, information security assurance plans and responsive plans in the event of attack and illegal interference by using electronic techniques.

4. The unit in charge of the aviation information system shall assess the threats to aviation security and safety and level of damage in case of any attack on or illegal interference with its information equipment and system in order to take appropriate protection measures. The assessment shall be made according to the following criteria:

a) The level of threat to air navigation and in-flight aircraft;

b) The level of threat to life of passengers and staff at an airport or aerodrome;

c) The level of threat to normal operation of air navigation equipment, infrastructure and aviation security equipment.

5. The unit in charge of the aviation information system shall cooperate with specialized agencies of the Ministry of Public Security, Ministry of National Defense and Ministry of Information and Communications in preventing acts of illegal access and interference that threatens civil aviation safety, and theft and falsification of information and data, and shall comply with regulations on information security.

Section 9. INTERNAL SECURITY CONTROL

Article 81. Rules for implementing regulations on internal security control applied to aviation staff

1. Internal security control shall be done through the establishment and maintenance of compliance with employment standards; regulations of authorities and units and cooperation with competent authorities in preventing and fighting against violations of law and background investigation.

2. Internal security control shall be included in each authority or unit s procedures for recruitment, training, management, supervision, taking of actions against violations, evaluation, appointment and reassignment; shall be closely associated with internal political protection.

3. Upon recruitment, an application shall include a police record or comments of the police authority or local authority of the area where the applicant resides about his/her compliance with laws; where necessary, the recruiting authority/unit shall verify résumé and carry out background investigation in his/her place of residence and previous workplace. Every employer shall annually assess employees on their compliance with labor regulations, maintenance of labor discipline and state’s laws. It is required to carry out verification if an employee has any unusual signs regarding his/her credentials, morals, activities of daily living, finance and compliance with regulations.

Article 82. Responsibilities of authorities and units for internal security control

1. The CAAV shall direct, provide guidelines and inspect internal security control by civil aviation authorities and units; suspend aviation staff who is suspected of violating laws or threatening aviation security and safety or at the request of the competent security agency; direct civil aviation enterprises to cooperate with relevant police authorities in internal security control.

2. Enterprises managing and employing aviation staff shall promulgate regulations on internal security control. To be specific:

a) Investigate and annually assess background of aviation staff according to Clause 3 Article 81 of this Circular and supervise their staff’s performance of duties;

b) Raise awareness of their staff about maintaining discipline, morals and credentials;

c) Closely control the entry, exit and introduction of items to and out of restricted areas, and loading and unloading of items onto and from aircraft; staff’s performance of duties within restricted areas;

d) Assign persons or department operating on a full-time or part-time basis to effectively perform internal security control, keep staff records; closely cooperate with police authorities and local authorities to exchange and obtain information about employees; promptly discover and take actions against violations of labor discipline and laws and remedy deficiencies;

dd) Establish criteria for recruitment and employment of each type of aviation staff; cooperate with the competent security agency to check background of foreign aviation staff.

Chapter III

ACTIONS AGAINST AVIATION SECURITY VIOLATIONS AND RESPONSE TO ACTS OF ILLEGAL INTERFERENCE

Section 1. ACTIONS AGAINST AVIATION SECURITY VIOLATIONS

Article 83. Rules for taking actions against violations

1. Actions against all aviation security violations shall be promptly and rapidly taken to prevent them from spreading and minimize their effects.

Actions against violations shall be taken according to their nature, degree and effects, and applicable regulations of law. The boarding of the aviation security control force to suppress, coerce and escort violators is carried out at the request of the pilot-in-command or the airports authority except the case of responding to acts of illegal interference with civil aviation.

2. All aviation security control forces shall designate an area for taking actions against violations, make sure actions against violations are taken in a quick, safe and convenient manner and minimize effects on normal operation of airports, aerodromes and flights.

3. Airports authorities shall take charge and cooperate with relevant authorities and units operating at airports and aerodromes in reaching an agreement on issues concerning cooperation in taking actions against violations of aviation security and public order at airports and aerodromes and resolution of difficulties that arise from the cooperation process. Aviation service providers shall cooperate with police authorities and local authorities in taking actions against aviation security violations committed within areas outside airports and aerodromes under their management.

4. Airports authorities, units and enterprises that have aviation security control forces shall assign their staff to be on duty 24/7, and publish hotline to promptly take actions against violations of aviation security and public order.

5. Documents, procedures, records and decisions on actions against violations shall be prepared and retained as prescribed by law.

Article 84. Responsibilities and procedures for taking actions against aviation security violations

1. The aviation security control force shall take initial actions against to violations of aviation security and pubic order committed at the airports or aerodromes under its management. Procedures for taking initial actions shall be completed as follows:

a) Prevent the violation; hold the violator in custody;

c) Conduct a check or search and collect exhibits and evidences;

c) Transfer the violator and exhibits involved in the violation to the designated area;

d) Immediately notify the airports authority or police authority (in the violation is suspected as a criminal offence) and relevant authorities and units at airports and aerodromes;

dd) Protect the scene if necessary;

e) Make preliminary records (including a violation record made using the form in the Appendix XXIV hereof) and transfer records, proof, exhibits and violator to the competent authority at the request of the airports authority.

2. Relevant authorities, units and individuals shall closely cooperate with the aviation security control force in taking actions against aviation security violations.

3. Regarding aircrafts in operation and aircrafts in flight, procedures for taking actions against violations are specified in Clauses 2, 3, 4 and 5 Article 59 of this Circular. In-flight undercover security staff shall not engage in taking actions against aviation security violations.

4. The aviation security control force performing its tasks at the facility outside an airport/aerodrome shall take initial actions against aviation security violations committed at the facility under its management; procedures for taking initial actions are specified in Points a, b, c and dd Clause 1 of this Article; make preliminary records (including a violation record made using the form in the Appendix XXIV hereof), transfer records, evidences, exhibits and violator to the local competent authority and cooperate in further taking actions against aviation security violations.

5. The airports authority shall assign a person to be present in the area where actions against a violation is being taken after receiving the notification specified in Point d Clause 1 of this Article to supervise the initial actions, and assess the nature and degree of the violation. The power to take actions against the violation and decide to further take actions against the violation:

a) If it is considered that the violation is not so serious to impose administrative penalties, the aviation authority shall receive the case and request the authority employing the violator in writing to consider taking disciplinary actions against the violator and notify results thereof to the airports authority;

b) If the violation is within the power to impose administrative penalties of the airports authority, aviation inspecting authority, CAAV and inspectorate of the Ministry of Transport, the aviation authority shall receive the transferred violation case and perform necessary tasks in accordance with regulations of law to impose administrative penalties within its power or transfer the case to a competent person or authority;

c) If the violation that is within the police authority s power to impose administrative penalties is suspected as a criminal offence, the aviation authority shall request the aviation security control force to transfer the violation case to the police authority. The airports authority shall keep monitoring and cooperating with the police authority in the process of taking actions against the violation to make sure that those actions are effectively taken;

d) If the violation that is within the customs authority or another competent authority s power to impose administrative penalties, the aviation authority shall request the aviation security control force to transfer the violation case to a competent authority. The airports authority shall keep monitoring and cooperating with the authority accepting the case in the process of taking actions against the violation to make sure that those actions are effectively taken;

dd) If the administrative violation is within the power to impose penalties of multiple authorities, the director of the airports authority shall cooperate with authorities that have the power to impose penalties as prescribed by law.

6. When transferring the case to the airports authority, the police authority, customs authority or competent authority, the aviation security control force shall make a transfer record using the Form in the Appendix XXIV hereof and cooperate in taking measures to escort and seize the violator, vehicles or exhibits involved in the violation upon request.

7. Airports authorities, airport enterprises, airlines, ATS providers, aircraft and aircraft equipment maintenance and repair service providers and other aviation service providers shall provide their aviation security control forces with video recorders, voice recorders, cameras, binoculars and other auxiliary devices to promptly prevent violations, record and collect all information relating to the violation cases in an accurate and sufficient manner so that they are handled rapidly and satisfactorily in accordance with applicable regulations.

8. Airports authorities, aviation security control forces at airports and aerodromes, airlines, ATS providers, aircraft maintenance and repair enterprises and other enterprises operating at airports and aerodromes shall equip telephones that are able to display and save telephone numbers of incoming and outgoing calls and record such calls for at least 03 hours. There must be emergency telephone number and hotline. The aforementioned units shall use a service that allows quick notification of telephone numbers of outgoing calls and incoming calls made to their telephone numbers to trace telephone threats; create mailboxes to receive information about violations and acts of illegal interference.

Article 85. Making comments and drawing on experience in taking actions against violations

1. It is required to make comments and draw on experience in taking actions against violations with a view to correcting deficiencies. To be specific:

a) According to the nature and degree of each violation committed at an airport/aerodrome, the aviation authority shall decide to assign an appropriate internal authority or unit to take charge of making comments and drawing on experience or the airports authority shall take charge of making comments and drawing on experience at the authority or request the CAAV to do so;

b) The unit in charge of the facility outside an airport shall take charge of making comments and drawing on experience in taking actions against violations committed at its facility;

c) The CAAV shall take charge of providing explanation and drawing on experience in taking actions against serious and complex violations at the civil aviation authority level or at the request of the Ministry of Transport or National Civil Aviation Security Committee.

2. It is required to make comments and draw on experience as soon as possible, within 05 working days regarding internal level, 07 working days regarding aviation authority level and 10 working days regarding civil aviation authority level from the date on which the violation is committed or reported.

3. Making comments and drawing on experience shall contain at least the following contents:

a) Measures and procedures for taking actions against the violation of the unit or individual involved in the process of taking actions against the violation: correct, incorrect, reasons;

b) Cooperation by relevant unit and individual in taking actions against the violation: correct, incorrect, reasons;

c) Loopholes in regulations of law, ASPs, ASRs and relevant documents that need amending;

d) Deficiencies of each relevant unit and individual, reasons and remedial measures.

SECTION 2. RESPONSE TO ACTS OF ILLEGAL INTERFERENCE

Article 86. General provisions

1. Response to acts of illegal interference with civil aviation shall comply with regulations of law and contingency plans against acts of illegal interference with civil aviation that is introduced by the competent authority.

2. When informed of an act of illegal interference with civil aviation, the airport/aerodrome operator, airline, aviation security assurance service provider or ATS provider concerned shall analyze and preliminarily assess the nature of the information to consider implementing an appropriate contingency plan; immediately notify information and assessment result, and recommend a responsive measure to the competent authority as prescribed. Mobilize their forces and vehicles to provide initial responses as prescribed; where necessary, the CAAV shall directly direct aviation forces to implement an initial contingency plan.

3. All measures taken to respond to acts of illegal interference with civil aviation shall give priority to assurance of aircraft safety and human life. Regarding the aircraft in flight which is subjected to an act of illegal interference, the relevant ATS provider shall give top priority to assurance of aircraft safety within airspace of Vietnam and flight information regions under the management of Vietnam.

4. After responding to an act of illegal interference at an airport/aerodrome, responsible authorities and units shall rapidly take necessary measures to ensure normal operation of the airport/aerodrome; make arrangements so that passengers can continue their journey as soon as possible.

Article 87. Contingency plans

1. The contingency plan against acts of illegal interference at an airport/aerodrome shall be prepared by the airport/aerodrome operator and submitted to the CAAV for approval, and conform to the general contingency plan against acts of illegal interference promulgated by the Prime Minister and contingency plans of aviation emergency steering committees of provinces, cities and island districts.

2. The enterprise in charge of the air traffic management service provider shall tailor a contingency plan for the provider; the enterprise in charge of the ATS provider shall prepare an ATS contingency plan, submit it to the CAAV for approval and organize the implementation thereof. The contingency plan and ATS contingency plan shall conform to the general contingency plan against acts of illegal interference promulgated by the Prime Minister and contingency plans of aviation emergency steering committees of provinces, cities and island districts.

3. Contingency plans and ATS contingency plans against acts of illegal interference shall be kept confidential.

4. The CAAV shall provide guidelines for designing and implementing contingency plans and ATS contingency plans.

Article 88. Management of information and press conferences

The provision of information, statement and organization of press conferences pertaining to acts of illegal interference and response thereto shall comply with the general contingency plan against acts of illegal interference with civil aviation promulgated by the Prime Minister.

Article 89. Reporting of acts of illegal interference

1. Airport/aerodrome operators, airlines, ATS providers, units in charge of restricted areas outside airports/aerodromes shall submit an initial written report to the CAAV within 24 hours from the time the acts of illegal interference occur; make reports twice a day during the process of responding to acts of illegal interference and make a preliminary report within 24 hours from the time the response is completed.

2. The CAAV shall submit a written report to the Ministry of Transport within 24 hours from the receipt of the report on response to acts of illegal interference.

Article 90. Reporting information to relevant countries and acts of illegal interference to ICAO

1. If an aircraft which is subjected to an act of illegal interference has landed within the territory of Vietnam, the CAAV shall transmit information about that aircraft to the aviation authority of relevant state as soon as practicable.

Information includes: type of aircraft, flight number, flight route, number of passengers and crewmembers on the flight and requests for assistance from the relevant state. Such information shall be provided to:

a) The state where the aircraft is registered;

b) The state of the aircraft operator;

c) The state whose citizens are dead, injured or detained due to the act of illegal interference;

d) The state whose citizens are passengers on the aircraft subjected to the act of illegal interference;

dd) ICAO.

2. Reports on acts of illegal interference submitted by the CAAV to ICAO include:

a) A preliminary report made using the Form in the Appendix XXII hereof within 30 days from the act of illegal interference occurs;

b) An official report made using the Form in the Appendix XXIII hereof within 60 days from the act of illegal interference occurs.

Article 91. Organizing drills aimed at responding to acts of illegal interference

1. The CAAV shall cooperate with relevant aviation-related authorities and units and other authorities and units in organizing a drill aimed at responding to acts of illegal interference among aviation-related authorities at least every 03 years at 01 airport or 01 ATS provider.

2. The CAAV shall direct airport/aerodrome operators, Vietnamese airlines, enterprises in charge of air traffic management service providers and enterprises in charge of ATS providers to cooperate with relevant authorities and units in organizing an internal drill at each airport or ATS provider at least every 02 years.

3. Foreign organizations may be invited to take part in drills aimed at responding to acts of illegal interference with civil aviation.

4. The CAAV shall report a plan for organizing drills among aviation-related authorities to the Ministry of Transport.

Chapter IV

SYSTEM OF ORGANIZATIONS IN CHARGE OF ENSURING CIVIL AVIATION SECURITY

Article 92. Authorities and units in charge of ensuring civil aviation security

1. Aviation authorities’ authorities and units assisting in aviation.

2. Aviation enterprises’ authorities assisting in aviation.

3. Aviation security control forces.

Article 93. Aviation security control forces

1. Aviation security control forces are forces which are in charge of ensuring aviation security and licensed to take measures to ensure aviation security and provide aviation security assurance services as prescribed by law. Aviation security control forces perform the task of providing counseling, carrying out management and monitoring, and directly taking measures to control aviation security, prevent and respond to acts of illegal interference and aviation security violations according to regulations, and include:

a) Aviation security control forces of aviation security assurance service providers;

b) Aviation security control forces of ATS providers;

c) Aviation security control forces of aircraft and aircraft equipment maintenance, repair and manufacturing enterprises;

d) Aviation security control forces of Vietnamese airlines and general aviation enterprises;

dd) Aviation security control forces of jet fuel providers and catering service providers;

2. Aviation security control forces shall perform tasks and exercise rights specified in Article 30 of the Government’s Decree No. 92/2015/ND-CP dated October 13, 2015.

3. The CAAV shall provide guidelines for deploying aviation security control forces to take measures to control aviation security, take actions against violations, respond to acts of illegal interference with civil aviation and provide aviation security assurance services. Organizational structures of aviation security control forces shall be elaborated in ASPs and ASRs of enterprises and units that have aviation security control forces.

4. Aviation security control forces shall be provided with training appropriate to titles and assigned tasks in accordance with aviation training regulations of the Minister of Transport.

Article 94. Aviation security control staff

1. Aviation security control staff is a person who directly takes measures to control aviation security, prevent and respond to acts of illegal interference, and take actions against aviation security violations and is qualified to be issued with the aviation security control staff permit by the CAAV as prescribed. Aviation security control staff includes: security controllers, security screeners, and mobile security staff.

2. Aviation security control staff of aviation security assurance service providers includes: security controllers, security screeners and mobile security staff.

3. Aviation security control staff of aviation service providers, Vietnamese airlines and general aviation enterprises shall be deployed in a manner that is appropriate to their functions and tasks.

4. Aviation security control staff shall meet aviation staff standards defined by the Ministry of Transport; train and assess aviation staff.

Article 95. Aviation security assurance service providers

1. Aviation security assurance service provider is a provider issued with the license for provision of aviation security assurance services in accordance with regulations on business lines subject to conditions in the civil aviation field, and is licensed to take aviation security assurance measures and provide aviation security assurance services at airports, aerodromes and cargo and mail handling facilities outside airports and aerodromes.

2. The chief security officer of the aviation security assurance service provider and his/her deputy; the chief of the department assisting in aviation security of the aviation security assurance service provider and his/her deputy; the chief of the branch affiliated to the aviation security assurance service provider and his/her deputy shall satisfy the following standards:

a) Be Vietnamese citizens;

b) Have knowledge of aviation and aviation security and at least 05 consecutive years’ experience of working in the aviation security field; have at least 01 consecutive year’s experience of working in the aviation security field if they are reassigned or seconded from the police or the army.

c) Obtain a bachelor s degree in security or in another discipline and receive training in one of the disciplines related to aviation security, law or state administrative management or a bachelor’s degree in security or national defense in which training is provided by the Ministry of Public Security or Ministry of National Defense;

d) Obtain a certificate of completion of domestic or international course on aviation security professional management.

Article 96. Aviation security control forces of Vietnamese airlines, aviation service providers and general aviation enterprises

1. Functions

a) Aviation security control forces of Vietnamese airlines and general aviation enterprises shall take measures to control aviation security on aircrafts and operation of aircrafts outside airports and aerodromes;

b) Aviation security control forces of ATS providers shall ensure aviation security within restricted areas of the providers;

c) Aviation security control forces of aircraft and aircraft equipment maintenance, repair and manufacturing enterprises shall ensure aviation security at the enterprises;

d) Aviation security control forces of jet fuel providers and catering service providers shall ensure aviation security within restricted areas under the management of the providers.

2. The chief security officer of the aviation security control force and his/her deputy shall satisfy the following standards:

a) Be Vietnamese citizens, have knowledge of aviation and aviation security and at least 02 consecutive years’ experience of working in the aviation security field;

b) Obtain a bachelor s degree in security or in another discipline and receive training in one of the disciplines related to aviation security, law or state administrative management or a bachelor’s degree in security or national defense in which training is provided by the Ministry of Public Security or Ministry of National Defense;

c) Obtain a certificate of completion of domestic or international course on aviation security professional management.

3. Tasks and rights of heads of aviation security control forces and aviation security control forces shall be elaborated in ASPs and ASRs of Vietnamese airlines, ATS providers, aircraft and aircraft equipment maintenance, repair and manufacturing enterprises and general aviation enterprises.

Article 97. Aviation security management systems of aviation enterprises

An aviation security management system of the aircraft/aerodrome operator, Vietnamese airline, ATS provider, aircraft equipment maintenance, repair and manufacturing enterprise or general aviation enterprise shall satisfy the following requirements:

1. The system shall have its own functions and tasks; the authority assisting in aviation security shall not concurrently assume other tasks and responsibilities and power in terms of administrative issues like other assisting authorities in the same enterprise.

2. The head of the aviation security management system is a person who is mainly and ultimately responsible to the board of management of the enterprise (the board of management of the airport/aerodrome in the case of an airport) for aviation security.

3. The Vietnamese airline that operates regular flights in a foreign country shall designate a person to be mainly responsible for its aviation security assurance in such country and the designation shall be specified in the aircraft operator s ASP.

4. The foreign airline that operates regular flights to Vietnam shall designate a person to be mainly responsible for its aviation security assurance in Vietnam and notify the CAAV thereof in writing.

5. The person who is mainly responsible for aviation security, deputy to the person who is mainly responsible for aviation security, and aviation security official and inspector of an aviation security management system shall comply with regulations on conditions for provision of aviation services and receive training appropriate to his/her title and assigned tasks in accordance with regulations specified in the Vietnam aviation training program promulgated by the Minister of Transport.

6. The person who is mainly responsible for aviation security shall have power, responsibility and resources necessary to effectively implement ASPs and ASRs and be specified in the charter of the enterprise.

7. Heads of authorities and units having ASPs and ASRs shall define functions and tasks of aviation security management systems and ensure aviation security management systems have power, responsibilities and resources necessary to effectively implement ASPs and ASRs.

Article 98. Issuance of aviation security control staff permits, extension, addition and restoration of validity of aviation security control staff ratings

1. Upon performing tasks, the aviation security control staff shall hold an effective license and rating issued by the CAAV.

2. The aviation security control staff permit shall remain effective for 07 years. The security screener rating shall remain effective for 12 months; mobile security staff and security controller ratings shall remain effective for 24 months. In case of not performing the task specified in the rating for more than 06 consecutive months, the rating shall be invalid and an examination for the rating shall be taken upon returning to work.

3. The aviation security control staff shall be issued with the permit and rating if he/she:

a) meet all standards in accordance with regulations of the Minister of Transport on standards to be satisfied by aviation staff and aviation security control staff; hold an appropriate professional certificate; have at least 01 month internship certified by the supervisory authority;

b) takes an examination for the aviation security permit and rating organized by the CAAV’s examination council, gets at least 85 scores and does not have a 0 (zero) score.

4. An application for the permit includes:

a) An application form, which is made using the Form in the Appendix VI hereof;

b) A certified true copy or copy presented together with its original of the appropriate professional diploma/certificate;

c) 01 03x04cm front color photo with eyes looking straight ahead and auricles clearly shown (the photo shall be taken on a white background within the last 06 months).

5. An application for re-issuance of the permit when expired, lost or damaged includes:

a) An application form, which is made using the Form in the Appendix VI hereof;

b) An original of the permit in case it is expired or damaged. In case it is lost, a confirmation of the head of the unit applying for the permit is required;

c) 01 03x04cm front color photo with eyes looking straight ahead and auricles clearly shown (the photo shall be taken on a white background within the last 06 months).

6. An application for extension, addition or restoration of validity of the rating includes:

a) An application form, which is made using the Form in the Appendix VI hereof;

b) A copy of the report on result of recurrent training appropriate to the rating to be extended or recovered;

c) A certified true copy or copy presented together with its original for comparison purposes of the appropriate professional diploma/certificate in the case of addition of rating;

d) An original of the aviation security control staff permit.

7. Procedures for issuing the permit or rating:

a) The application for issuance or re-issuance of the aviation security control staff permit, extension, addition or restoration of validity of the aviation security control staff rating shall be submitted to the CAAV, whether in person or by post or another appropriate manner;

b) The CAAV shall appraise the application, carry out inspection and issue/reissue the permit or extend, add or restore validity of the rating within 20 working days in the case of issuance or re-issuance of the permit when expired, extension, addition or restoration of validity of the rating; within 07 working days in the case of re-issuance of the permit when lost or damaged, from the receipt of the satisfactory application;

c) If the application is not satisfactory, within 02 working days, the CAAV shall notify the applicant of necessary additional documents in writing and request him/her to complete the application or provide explanation in writing if the application is rejected.

8. The aviation security control staff permit shall be suspended or revoked by the CAAV (except in the case the aviation security control staff has his/her permit suspended as prescribed in the Decree on administrative penalties for violations against civil aviation regulations) in the following cases:

a) The permit will be revoked if its holder is no longer eligible to be issued with the permit as prescribed in Clause 3 of this Article;

b) The permit will be suspended within 01 month if its holder is issued with a reprimand or make professional mistakes but does not threaten safety and security;

c) The permit will be suspended within 03 months if its holder is issued with a reprimand for a second time or a warning;

d) The permit will be suspended within 06 months if its holder fails to perform the task inappropriate to his/her qualification specified in the permit or rating;

dd) The permit will be revoked if its holder makes professional mistakes, thereby threatening safety and security at an airport/aerodrome or conceals violations against regulations on aviation safety and security.

9. Upon returning to work, the person whose aviation security control staff permit is revoked as prescribed in Clause 8 of this Article shall take an examination for the permit.

Article 99. Assessment of quality of aviation security control staff

1. On an annual basis, the head of the unit managing aviation security control staff shall assess its aviation security control staff in writing regarding:

a) Their professional qualification;

b) Their compliance with regulations of the unit;

c) Their responsibilities and attitudes towards work.

2. The assessment made as prescribed in Clause 1 of this Article serves as the basis for rating aviation security control staff excellent, good, average or poor. The rating also serves as the basis for the deployment of staff and provision of training and additional training to aviation security control staff. If rated poor, remedial measures and time limit for implementation thereof are required or the expulsion from the aviation security control force shall be faced.

3. Documents relating to assessment and rating of aviation security control staff shall be retained by the supervisory unit.

4. The unit managing aviation security control staff shall set out detailed guidelines for assessment of quality of its aviation security control staff and specify such guidelines in its ASP and ASR.

Chapter V

WORKS, EQUIPMENT, VEHICLES, WEAPONS AND COMBAT GEARS IN SERVICE OF AVIATION SECURITY ASSURANCE

Article 100. Security requirements for design and construction of airports, aerodromes and aviation works

1. The investors who construct, renovate, upgrade and repair aviation works and airport infrastructure shall, upon project formulation, survey and construction design, comply with the aviation security requirements and standards specified in this Circular.

2. The authorities having the power to appraise and approve the technical design, construction drawing and estimate of construction, renovation, upgrading or repair of aviation works and airport or aerodrome infrastructure shall appraise aviation security requirements and standards to ensure their compliance with the regulations in this Circular.

Article 101. Works in service of aviation security assurance

1. Works in service of aviation security assurance at airports and aerodromes include:

a) Works in service of airport security assurance: aviation security fences separating restricted areas from public areas, patrol roads, intrusion alarm systems, lighting systems, guard booths, gates, doors, aviation security checkpoints, apron lighting systems;

b) Gates, doors and aviation security checkpoints at the entrance between exclusive use restricted areas and non-exclusive use restricted areas; entrance from publics areas to restricted areas;

c) Emergency centers; separate aircraft parking locations; bomb, mine and dangerous items disposal trenches; areas designated for passengers, baggage and cargo in case the aircraft is subjected to illegal interference;

d) Systems of CCTV cameras that allow monitoring of entire terminals, aprons, roads adjacent to terminals and camera system control and monitoring rooms;

dd) Passenger, baggage and cargo checkpoints, including manual check and search rooms at terminals;

e) Duty rooms designated for aviation security control forces and airports authorities at terminals; rooms designated for passengers denied entry at international terminals.

2. Works in service of aviation security assurance outside airports and aerodromes include:

a) Peripheral lighting systems; systems of CCTV cameras that allow monitoring of entire restricted areas; aviation security fences separating restricted areas from public areas;

b) Guard booths, gates, doors, aviation security checkpoints at entrance to restricted areas from public areas.

3. Works in service of aviation security assurance shall comply with the following requirements:

a) Works in service of aviation security assurance shall be inspected and maintained according to standards, regulations and law, have sufficient documents and records, and promptly repaired when broken;

b) Aviation security fences between restricted areas and public areas shall be able to prevent and give warnings about unauthorized access;

c) The number of doors and gates to restricted areas from public areas shall be reduced to the necessary level;

d) Screened passengers, baggage, cargo and mail shall be separated from unscreened passengers, baggage, cargo and mail;

dd) The location of the emergency center; separate aircraft parking location; bomb, mine and dangerous items disposal trench; area designated for passengers, baggage and cargo in case the aircraft is subjected to illegal interference shall facilitate emergency response and implementation of contingency plans;

e) The works shall ensure the separation between departure passengers, arrival passengers,

g) The area designated for a passenger and cargo checkpoint shall be wide enough to avoid congestion and facilitate passenger and baggage check and screening;

h) The sterile area shall be separated from the public area using durable materials; and from the restricted area using appropriate materials;

i) Appropriate materials shall be used to minimize damage to people and equipment of terminals and airports in the event of fire or explosion;

k) By December 31, 2021, airports or aerodromes that have been constructed but have not yet had any works in service of aviation security assurance shall comply with Clause 1 of this Article.

4. Requirements and standards for aviation security fences, gates, doors, barriers, lighting systems, CCTV camera systems, guard booths and patrol roads at airports, aerodromes and aviation service providers are specified in the Appendix XII hereof.

Article 102. Equipment and vehicles in service of aviation security assurance

1. Equipment and vehicles in service of aviation security assurance (hereinafter referred to as "aviation security equipment and vehicles") include:

a) X-ray machines, door-frame metal detectors, hand-held metal detectors, explosive, weapons and dangerous article detection devices;

b) Vehicles used for patrol; voice and video recorders, specialized equipment used for observation and detection of forged documents; equipment used for issuance of aviation security control badges and permits;

c) Vehicles and communications equipment used for serving command and control and responding to acts of illegal interference; helmets, armor and specialized gears used for responding to acts of illegal interference; bomb, mine and dangerous items disposal trenches;

d) Tools and equipment used for aviation testing and training; weapons and combat gears.

2. Aviation security equipment and vehicles shall comply with the following requirements:

a) Vehicles and equipment specified in Clause 1 of this Article shall comply with standards and regulations;

b) X-ray machines, door-frame metal detectors and hand-held metal detectors must have the combined test piece in accordance with specifications and instructions of the manufacturer;

c) Equipment for issuance of aviation security control badges and permits shall be used in a uniform manner;

d) Equipment and vehicles specified in Clause 1 of this Article must have sufficient documents and records; X-ray machines shall be issued with the radiation safety permit by the competent authority.

dd) Upon purchasing new aviation security equipment, it is required to ensure the new equipment applies the world’s most advanced technology.

3. The CAAV shall elaborate requirements for and list of aviation security equipment, vehicles, gears and tools.

Article 103. Regulations on operation and maintenance of aviation security equipment and vehicles

1. Operation, management and maintenance of aviation security equipment and vehicles shall comply with regulations of the manufacturer and unit operating and using equipment and vehicles. A logbook should be in place to record damage to and repair and maintenance of equipment and vehicles.

2. Image data from X-ray machines and CCTV cameras shall be stored for at least 45 days.

3. X-ray machines, door-frame metal detectors and hand-held metal detectors shall be tested using a combined test piece in accordance with specifications and instructions of the manufacturer.

a) Regarding X-ray machines, test requirements and procedures and log sheet are specified in the Appendix XVIII hereof;

b) Regarding door-frame metal detectors, test requirements and procedures and log sheet are specified in the Appendix XIX hereof;

c) Regarding hand-held metal detectors, test requirements and procedures and log sheet are specified in the Appendix XX hereof.

4. X-ray machines, door-frame metal detectors, hand-held metal detectors, explosive detection devices, CCTV cameras and intrusion alarm systems shall be periodically maintained in accordance with the manufacturer’s regulations to ensure their smooth operation. Aviation security equipment that fails the test shall be discontinued. Logbooks of periodic test and maintenance and unexpected repair shall be recorded in a clear and accurate manner and contain the following information:

a) Name of the equipment, location and time of installation, person in charge of installation;

b) Date of test and maintenance; test and maintenance contents and results; names of technicians.

5. In December, authorities and units managing and operating aviation security equipment shall submit a consolidated report on management of aviation security equipment; classification by quantity, quality and type of equipment; update of new, damaged or destroyed equipment to the CAAV.

6. Every unit managing and operating aviation security equipment shall introduce procedures for management, operation, testing and maintenance of aviation security equipment.

Article 104. Management, equipment and use of weapons or combat gears

1. The following persons shall be equipped with military weapons upon performing their tasks:

a) Aviation security control staff upon responding to acts of illegal interference occurring at the airport or aerodrome or on board the aircraft;

b) Aviation security control staff upon performing tasks while level 1, level 2 and level 3 strengthened aviation security assurance measures are being taken;

c) Team members of the aviation security control force;

d) Mobile security staff and aviation security control staff who carries out patrols and standing guard at night;

dd) In-flight security staff equipped with appropriate weapons and ammunition upon performing tasks on board the aircraft.

2. The following persons shall be equipped with combat gears:

a) The persons specified in Points a, b, c and dd Clause 1 of this Article shall be equipped with bulletproof helmets and bulletproof vests; shields, electric gloves; tear gas grenades; tear gas guns, rubber bullet guns and plastic bullet guns; devices used for spraying tear gas and anesthetics; stun batons, rubber batons, figure-8 handcuffs;

b) Upon carrying out patrols and standing guard in areas surrounding runways and taxiways, doors and gates adjacent to the aerodromes, restricted areas and public areas (terminals, parking lots), team members and aviation security control staff shall be equipped with tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8 handcuffs;

c) Upon performing the tasks of strengthening security of flights, coercing and escorting disruptive passengers and passengers denied entry, team members and aviation security control staff shall be equipped with tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8 handcuffs;

d) Upon performing tasks at a passenger, baggage and cargo checkpoint, the chief of the shift shall be equipped with tear gas guns; stun batons, rubber batons;

dd) Upon performing the tasks of checking, monitoring and escorting cargo outside an airport/aerodrome, team members and aviation security control staff shall be equipped with and entitled to use stun batons and rubber batons.

3. Weapons and combat gears shall be stored as follows:

a) Upon performing their tasks, team members and aviation security control staff shall be equipped with weapons and combat gears shall strictly comply with regulations on inspection and storage of weapons and combat gears. When their tasks are completed or the shift is over, they shall transfer weapons and combat gears to the person responsible for management thereof or the person doing the next shift. The transfer of weapons and combat gears shall made properly and updated on a logbook, which bears signatures of the transferor and transferee;

b) Regarding frequently used weapons and combat gears, the unit equipped with weapons and combat gears shall have a separate cabinet to keep them, carry out routine maintenance and check storage conditions at the end of the week;

c) Regarding infrequently used weapons and combat gears, it is required to deploy a person in charge of storage and have a separate storage cabinet or warehouse. The weapon and combat gear warehouse shall comply with fire safety requirements and make regulations on access to warehouse; weapons and combat gears stored in the warehouse shall be regularly lubricated, properly and separately arranged according to each model. On an annual basis, authorities and units shall carry out technical inspection and maintenance on a periodic basis and in accordance with maintenance procedures established by the manufacturer;

d) The person assigned to store weapons and combat gears must have good credentials and morals and be responsible; has joined a basic training course on storage and use of weapons and combat gears; must strictly comply with inspection and storage regulations and prepare a logbook that records storage of weapons and combat gears.

4. The person equipped with weapons and combat gears must have a certificate of management and use of weapons, explosives and combat gears issued by the competent authority.

5. In December, authorities and units equipped with weapons and combat gears shall submit a consolidated report on management of weapons and combat gears, and training in storage and use of weapons and combat gears; classification by quantity and quality of weapons and combat gears; effective period of permit for use thereof; new, damaged or destroyed weapons and combat gears to the CAAV.

6. Persons equipped with weapons and combat gears shall comply with regulations on management, use, storage, inspection and maintenance of weapons and combat gears. Authorities and units managing and using weapons and combat gears shall specify regulations on management, use, storage, inspection and maintenance of weapons and combat gears in ASPs and ASRs.

Chapter VI

AVIATION SECURITY RISK MANAGEMENT

Article 105. Aviation security risk management

1. Aviation security risk means the probability of successfully committing an act of illegal interference with civil aviation that is aimed at a specific target according to the assessment of threats or consequences and weaknesses or limitations.

2. An aviation security risk report means a document that defines aviation security risk levels and includes contexts, threats, weaknesses or limitations, consequences of terrorism scenarios and illegal interference with civil aviation, and proposed minimization measures in the case of an unacceptable security risk level.

3. Aviation security risk management is an overall model in the system of aviation activities and meant to minimize risks, including: risk assessment, adoption of preventive security measures and adjustment to the applied measures.

4. Authorities, units and enterprises assigned by the law to be in charge of aviation security assurance shall manage aviation security risks within their jurisdiction; prepare aviation security risk assessment reports, on a biannual or unexpected basis (if it is discovered that threats, limitations and weaknesses in aviation security assurance pose a high risk), review and amend security risk assessment reports and disseminate to the reports to authorities and units mentioned therein to take appropriate minimization measures.

5. The development and adoption of aviation security measures, procedures, regulations and standards or development of plans for aviation security assurance and response to acts of illegal interference with civil aviation shall be based on the results of assessment of aviation security risks.

6. The CAAV shall direct the aviation security risks management by aviation-related authorities and units; collect and exchange information with relevant authorities, prepare aviation security risk assessment reports and manage aviation security risks. Aviation security risk assessment results shall be reported to the Ministry of Transport and National Civil Aviation Security Committee as prescribed.

7. Airport/aerodrome operators shall take charge and cooperate with relevant authorities and units in assessing and defining levels of aviation security risks at airports and aerodromes on a biannual or unexpected basis.

8. The CAAV shall establish an aviation security risk assessment council for the aviation industry. Every airport/aerodrome operator shall establish an aviation security risk assessment council at its airport/aerodrome. Members of the aviation security risk assessment council shall work part-time.

Chapter VII

AVIATION SECURITY QUALITY CONTROL

Article 106. General regulations on aviation security inspection, survey, test, assessment and investigation

1. The CAAV shall carry out inspections, surveys, assessments and public or confidential tests, and investigations at all airports, aerodromes, aviation service providers and airlines and of vehicles and equipment involved in civil aviation nationwide. Airports authorities shall carry out inspections, public or confidential tests, and investigations at all airports, airlines and aviation service providers and of vehicles and equipment involved in civil aviation under their management. Airport/aerodrome operators shall carry out inspections, surveys, public or confidential tests, and internal investigations at airports and aerodromes under their management. Enterprises having ASPs and ASRs shall carry out inspections, surveys, public or confidential tests, internal investigations, and assessments as prescribed.

2. The aviation security inspections, surveys, tests, assessments and investigations shall be carried out according to the annual or unexpected quality control plan. Tests shall not be conducted on aircrafts in flight or VVIP flights.

3. An annual aviation security quality control plan includes the inspection, test and assessment, is prepared according to the assessment of aviation security risks, resources of authorities and units and ensures uniformity and consistency among aviation-related authorities and units, and confidentiality of confidential tests. The plan shall be prepared as follows:

a) By October 15, the airports authority shall prepare an aviation security quality control plan for the next year and submit it to the CAAV;

b) By October 30, the CAAV shall promulgate aviation security quality control plans for the next year of the CAAV and airports authority, and send them to units and enterprises having ASPs and ASRs;

c) By November 30, according to aviation security quality control plans of the CAAV and airports authority, airport/aerodrome operators, airlines and enterprises having ASPs and ASRs shall prepare and promulgate internal aviation security quality control plans and notify the CAAV and airports authority.

4. The inspection, test and assessment, and unexpected survey and investigation shall be decided by a competent person if deemed necessary.

5. The CAAV shall issue an aviation security control quality manual to ensure uniform and effective implementation among aviation-related authorities and units.

6. Any authority or unit that manages persons committing violations or equipment that fails to satisfy aviation security standards shall suspend such persons and equipment at the request of the head of the inspection, test, and survey and investigation team.

Article 107. Requirements for aviation security inspection, survey, test, assessment and investigation

1. Requirements for aviation security inspection, survey, test, assessment and investigation by the CAAV and airports authorities:

a) There must a decision on team establishment issued by the competent person. Inspection, survey, test, assessment or investigation plans shall be approved by the person issuing the decision on team establishment;

b) The head shall prepare an inspection, survey, test, assessment or investigation plan and submit a report on implementation thereof to the person issuing the decision on team establishment within 10 working days from the end of the inspection, survey, test, assessment or investigation;

2. Requirements for inspection, survey, test, assessment and investigation by the airport/aerodrome operators, airlines and other enterprises having ASPs and ASRs:

a) There must be an inspection, survey, test, assessment or investigation plan approved by the head of the organization in charge of aviation security assurance;

b) The costs of assessment by Vietnamese airlines at foreign airports shall be born by the airlines and the CAAV shall be involved in such assessment. The assessment by foreign airlines and aviation authorities in Vietnam shall be permitted by the CAAV and assessment results shall be sent to the CAAV.

3. Every airports authority, airport/aerodrome operator, airline and enterprise having ASPs and ASRs shall submit a report on aviation security quality control to the CAAV by December 10.

4. Documents about aviation security inspection, survey, test, assessment and investigation shall be managed and archived as prescribed by the law on archives.

Article 108. Aviation security tests

1. In the case of a confidential test, the contents, date, place, plan and process of the test shall be kept confidential and disclosed to team members only. In the case of a public test, contents, date and place of the test shall be notified in advance to the unit which the subject is required to undergo the test (hereinafter referred to as “the tested subject”. According to the approved test plan, the head of the test team shall prepare a plan for conducting each test.

2. Security and safety of people, property and activities of the tester and tested subject shall be ensured during the process of conducting the test. When the confidential test is discovered, the tester shall immediately present the test decision together with his/her aviation security inspector card or identity document to which his/her photo is attached to the tested subject. The tested subject shall cooperate and ensure security and safety of people, vehicles and items during the test.

3. After the test is done, the tester shall immediately prepare a test report and request the tested subject to sign it. Also, the head of the test team shall hold a meeting with persons concerned at the unit required to undergo the test to draw on experience, make comments and notify preliminary test results to the head or authorized representative of the unit.

4. The confidential test is allowed to employ persons of the police or the army or passengers that have good backgrounds and are reliable enough to ensure confidentiality and effectiveness of the test.

Article 109. Corrective actions against deficiencies found through inspection, survey, test, assessment and investigation

1. During the inspection, survey, test, assessment or investigation, if it is considered that deficiencies need remedying immediately otherwise they will threaten security and safety, the head of the inspection, survey, test, assessment or investigation team shall request immediate remedial actions or transfer them to a competent authority for the suspension to be imposed to ensure security and safety.

2. After receiving a conclusion, which includes recommended corrective actions against deficiencies, the unit undergoing the inspection, survey, test, assessment or investigation shall prepare a corrective action plan and submit it to the unit in charge of quality control. If there is any inaccurate conclusion or recommendation, the unit undergoing the assessment shall send a written response to the organization carrying out the assessment and the CAAV.

3. Time limit and contents of corrective actions against deficiencies found through the quality control by the CAAV and airports authorities

a) Within 15 working days from the end of the inspection, survey, test, assessment or investigation, the person issuing the decision on team establishment shall give a written conclusion, specifying deficiencies and recommended corrective actions, if any;

b) Within 10 working days from the receipt of the conclusion on inspection, survey, test, assessment or investigation, the unit undergoing the inspection, survey, test, assessment or investigation shall submit a corrective action plan, specifying corrective actions, individuals and organizations responsible for corrective actions and time limit for completing corrective actions;

c) Within 05 working days from the end of the corrective action plan, inspection, survey, test, assessment or investigation, the person issuing the decision on team establishment shall give a written response to the unit, specifying his/her approval or disapproval of each content;

4. Time limit and contents of corrective actions against deficiencies found through the quality control by units having ASPs and ASRs

a) Within 10 working days from the end of the inspection, survey, internal test, assessment or investigation, it is required to issue a conclusion and plan on actions against deficiencies detected through inspection, survey or investigation, specifying corrective actions, individuals and organizations responsible for corrective actions and time limit for completing corrective actions, if any;

b) Within 15 days, the inspection, survey, investigation or test conclusion and corrective action plan shall be submitted to the CAAV and supervisory airports authority. The assessment conclusion shall be sent to the unit undergoing assessment, supervisory airports authority and CAAV.

5. The aviation security quality control department of the authority in charge of quality control shall carry out supervision and site inspection of the implementation of the corrective action plan and notify result thereof to the head of the authority/unit.

6. In case of failure to correct deficiencies according to the approved plan, the aviation security quality control department of the authority in charge of quality control shall recommend appropriate measures to facilitate corrective actions.

Article 10. Regulations on aviation security inspectors, internal security inspectors and holders of cards and permits issued by the National Civil Aviation Security Committee

1. An aviation security inspector is the person who is employed by an airports authority and CAAV to control aviation security quality and carry out aviation security inspections, appointed by the CAAV and issued with the aviation security inspector card. The design of the aviation security inspector card is provided in the Appendix XXI hereof. The appointment of an aviation security inspector card shall satisfy the following requirements:

a) The aviation security inspector shall be appointed according to the specialized field or area or unit where he/she is assigned to carry out inspection;

b) The appointment decision shall be notified to the inspected subject;

c) The appointment decision shall define tasks, rights and responsibilities of inspectors according to the principle: the inspector is only allowed to exercise the rights specified in Clause 2 of this Article to perform his/her duties regarding his/her specialized field or area or unit where he/she is assigned to carry out inspection;

d) An aviation security inspector shall serve a term of office of no more than 03 years.

2. Tasks and rights of an aviation security inspector:

a) The aviation security inspector shall control aviation security quality as prescribed in this Circular and shall not conduct any confidential test upon performing his/her tasks independently;

b) The aviation security inspector is entitled to access, board aircrafts, enter any restricted areas at airports, aerodromes, aviation service providers, works, equipment and vehicles;

c) The aviation security inspector is entitled to request organizations and individuals to provide documents or relevant items; confiscate aviation security control badges and permits of staff committing violations; suspend violating equipment and vehicles threatening aviation security;

d) The aviation security inspector shall request responsible persons to take possible remedial actions; make a violation record and transfer it to a competent person as prescribed by law;

dd) Upon performing the task of quality control independently, if any deficiency or mistake is found during aviation security assurance, the aviation security inspector is entitled to directly issue a warning to the violating unit or person in order to prevent the violation and request relevant authorities or units to take remedial actions to reduce risks to aviation security; after issuing the warning, notify his/her supervisory authority/unit; the aviation security inspector is entitled to issue and shall take full responsibility for assessments, conclusions and warnings upon performing his/her tasks independently;

e) Upon performing the task of quality control in a team, the aviation security inspector shall take on the assignment given by the competent authority, the proposed assessments, conclusions and warnings shall be sent to the head of the quality control team; the head of the quality control team shall take ultimate responsibility for the team’s performance; if the conclusion given by the head of the team is different from comments of the aviation security inspector, the aviation security inspector is entitled to have his/her comments recorded.

3. An internal security inspector is employed by an enterprise or unit having ASP and ASR, appointed and issued with a card by the enterprise, which defines his/her rights and responsibilities. The design of the internal security inspector shall be notified to the CAAV and relevant airports authority.

4. Rights and tasks of the National Civil Aviation Security Committee’s members that are issued with cards, and vehicles of authorities and units that directly serve such members:

a) Inspect, supervise and assess aviation service providers compliance with regulations on national aviation security assurance;

b) Access and enter restricted areas, vehicles, equipment and aircrafts subject to aviation security inspection in accordance with regulations of Vietnam civil aviation security program and aviation security quality control program; enter and leave emergency operations center and scenes where acts of illegal interference with civil aviation occur;

c) Use cards and permits to serve right purposes and perform tasks related to aviation security assurance; present effective cards when performing tasks within restricted areas in civil aviation sector;

d) Vehicles issued with permits by the National Civil Aviation Security Committee shall exempted from fees when entering and leaving airport/aerodrome public areas to perform tasks.

5. Aviation security inspectors, internal security inspectors and holders of cards issued by the National Civil Aviation Security Committee shall, upon performing their tasks, take responsibility for their activities and use cards as prescribed by law.

6. Standards to be satisfied by an aviation security inspector:

a) He/she must have profound knowledge and experience in the assigned field;

b) He/she has at least 03 years’ experience of working in the aviation security field or at least 02 years if he/she has worked for the police or the army;

c) He/she has completed a training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on aviation security training.

7. Standards to be satisfied by an internal security inspector:

a) He/she has at least 02 years’ experience of working in the aviation security field or at least 01 year if he/she has worked for the police or the army;

b) He/she has completed a training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on aviation security training.

8. Aviation security inspectors and internal security inspectors shall be trained in accordance with aviation training regulations of the Minister of Transport.

Article 111. Aviation security reporting and statistics

1. The CAAV shall establish and provide guidance on operation of the aviation security reporting and statistic system for aviation-related authorities and units as prescribed by law.

2. The following organizations shall submit reports to the CAAV as prescribed in Clause 1 of this Article:

a) Airports authorities;

b) Airlines;

c) Airport/aerodrome operators;

d) ATS providers; aircraft and aircraft equipment maintenance and repair service providers;

dd) Aviation security assurance service providers;

e) Aviation service providers.

3. When serious violations or violations that potentially threaten aviation security and safety or adversely affect social order and safety occur, the organizations specified in Clause 2 of this Article shall report such violations to the CAAV as follows: immediately report them by telephone, by fax or other media and report them in writing within 24 hours using the form in the Appendix XXIV hereof. The organizations specified in Points a, b, c, d and dd Clause 2 of this Article shall submit monthly reports on aviation security violations recorded in the aviation security management system to the CAAV.

4. Emergency cases and responses to acts of illegal interference shall be reported as prescribed in Article 89 of this Circular.

5. Reports shall be made through the aviation security database system, by phone or other media or by post.

Article 112. Organizing establishment of aviation security database

1. The CAAV shall carry out consolidation and establish aviation security database uniformly among civil aviation-related authorities and units. Aviation security database shall be protected from unauthorized access; only organizations and individuals that are permitted by the CAAV are entitled to access and operate it. Aviation security database includes:

a) Acts of illegal interference and aviation security violations.

b) Subjects required to undergo compulsory manual checks, denied transport for security reasons or prohibited from air transport;

c) Deficiencies found through aviation security inspection and aviation security inspections, tests, surveys, assessments and investigation;

d) Aviation security control badges and permits;

dd) Infrastructure, equipment, weapons, combat gears;

e) Aviation security control organizations and forces, aviation security control staff permits.

2. The CAAC shall organize the management of aviation security database; airports authorities and enterprises having ASPs and ASRs shall regularly consolidate and update the contents specified in Clause 1 of this Article to the database.

3. The CAAV provide guidelines for consolidation, reporting, update, operation, management and use of aviation security database.

Chapter VIII

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR AVIATION SECURITY ASSURANCE

Article 113. Responsibilities of the CAAV

1. Perform tasks and exercise rights of aviation authorities regarding aviation security assurance as prescribed by law.

2. Approve and supervise the implementation of ASPs and ASRs of aircraft/aerodrome operators, airlines, ATS providers, aircraft equipment maintenance, repair and manufacturing enterprises, aviation service providers at airports and aerodromes and cargo and mail handling facilities.

3. Promulgate, recognize and supervise the implementation of:

a) Base standards, procedures, directives, guidelines, professional documents and recommendations about aviation security;

b) Instructions, emergency measures including the suspension of flight operations at airports, flights, vehicles, equipment, aviation staff, aircraft operators, ATS providers, aircraft and aircraft equipment maintenance, repair and manufacturing enterprises, aviation service providers at airports and aerodromes and cargo and mail handling facilities to ensure aviation security;

c) Permits and professional certificates issued to aviation security officers and aviation security control staff;

d) List of prohibited or restricted articles in carry-on and checked baggage in compliance with technical instructions and request of ICAO.

4. Organize and supervise the issuance of aviation security control badges and permits and aviation security inspector cards.

5. Request authorities and units change design and contents of aviation security control badges and permits when the assessment indicates risks to aviation security.

6. Take part in appraising and assessing the application of aviation security standards and requirements to design, construction and renovation of airports and aerodromes.

7. Organize inspection and verification of and direct the response to aviation security violations and threats; supervise the implementation of emergency measures including the suspension of flights, vehicles, and equipment and aviation staff to ensure aviation security.

8. Direct civil aviation units to take initial actions against acts of illegal interference with civil aviation and take emergency measures in service of security, defense and national emergency; re-assess aviation measures and procedures after the occurrence of acts of illegal interference and recommend remedial measures to prevent recurrence.

9. Direct civil aviation units to ensure aviation security. To be specific:

a) Take measures to prevent and respond to acts of illegal interference with civil aviation and take emergency measures in service of security, defense and national emergency;

b) Conduct contingency drills relevant to aviation security and aviation security quality control;

c) Deploy specialized forces in charge of ensuring internal civil aviation security in accordance with ICAO’s standards;

d) Control internal security and information security; take actions against, draw on experience and make comments about aviation security violations.

10. Direct airports authorities in inspecting and supervising the compliance with regulations on civil aviation security at airports and aerodromes.

11. Conduct tests, issue, suspend and revoke permits and ratings of aviation security control staff; issue and revoke airport/aerodrome security control permits as prescribed in this Circular; appoint aviation security inspectors, suspend, issue and revoke aviation security inspectors.

12. Audit, inspect, test, investigate and survey the compliance with regulations on aviation security by organizations and individuals involved in civil aviation; issue warnings and directives necessary to prevent aviation security incidents; impose administrative penalties for aviation security violations; inspect and supervise handling of, remedial actions against and making of comments about aviation security violations.

13. Establish a system for reporting, collecting information, analyzing and assessing potential threats to aviation security; decide to apply measures and procedures for preventing aviation security relevant to the potential threats.

14. Carry out assessment and decide not to permit a civil flight in the following cases:

a) At a Vietnamese airport/aerodrome, the flight fails to comply with regulations on aviation security assurance;

b) The flight operated by an airline fails to comply with regulations on aviation security assurance;

c) The flight from a foreign airport or aerodrome fails to comply with ICAO s aviation security standards.

15. Act as a contact point for the relationship and international cooperation in aviation security between Vietnam and ICAO, relevant international organizations and countries, and have the responsibility to:

a) Take charge and cooperate with Vietnam’s relevant authorities and units in international cooperation in aviation security;

b) Receive, provide and exchange information, documents and experience related to aviation security with ICAO, foreign countries, organizations and airlines;

b) Decide to take aviation assurance measures at the request of foreign countries and airlines, as well as carrying out aviation security surveys and investigations;

d) Notify ICAO of the difference between Vietnam’s laws on aviation security and ICAO’s standards.

16. Approve exemption from aviation check of passengers, baggage and cargo and take responsibility for the cases requested by the competent authority affiliated to the Office of the Party Central Committee, Office of the President, Office of the National Assembly, Office of the Government, Commission for Foreign Relations of the Party Central Committee, Ministry of Foreign Affairs, Ministry of Public Security and Ministry of National Defense.

17. Assess and consider the decision on suspension of civil flights from foreign airports and aerodromes to Vietnam since they fail to comply with ICAO s aviation security standards.

18. Cooperate with affiliates of the Ministry of Public Security and Ministry of National Defense in:

a) Providing training, directing and providing professional guidelines to aviation security control forces;

b) Receiving, exchanging and processing information about political security and social order and safety, conspiracies, methods and tricks of criminal organizations, terrorist organizations and criminals, and acts of illegal interference; assessing risks and threats to civil aviation;

c) Ensuring security of commercial flights with the presence of VVIPs in accordance with regulations on VVIP flights;

d) Complying with regulations on national security, defense, people’s police, prevention and combating of terrorism and other regulations on aviation security assurance;

dd) Signing and organizing the implementation of regulations on cooperation in aviation security assurance;

e) Cooperating with competent security agencies of the Ministry of Public Security in controlling background information of aviation staff to promptly discover violations that may threaten aviation security and safety.

19. Cooperate with affiliates of the Ministry of Foreign Affairs in:

a) Addressing relevant issues in case the aircraft bearing Vietnamese nationality is subjected to an act of illegal interference in a foreign country or the aircraft bearing foreign nationality is subjected to an act of illegal interference Vietnam;

b) Exchanging and processing information involving foreign elements, which relates to illegal interference with civil aviation.

20. Cooperate with aviation emergency steering committees of provinces, cities and island districts in conducting drills aimed at responding to acts of illegal interference at the sectoral and national level.

21. Cooperate with the General Department of Customs in ensuring aviation security and preventing and combating smuggling and illegal transport on international flights; direct the deployment of screening equipment shared between the aviation security control force and the customs authority.

22. Cooperate with competent authorities in implementing regulations on important works relating to national security.

Article 114. Responsibilities of airports authorities

1. Inspect and supervise the compliance with regulations on aviation security assurance, ASPs and ASRs; implementation of measures to ensure aviation security and provide aviation security assurance services at airports and aerodromes and taking of actions against violations of aviation security and public order at airports and aerodromes. Take part in responding to acts of illegal interference at airports and aerodromes as prescribed. Take part in appraising ASPs and ASRs at the request of the CAAV.

2. Decide to suspend flights, request the aircraft to land in case the flight violates aviation regulations or any aviation safety or security threat is suspected; allow the suspended aircraft to resume its flight; temporarily seize the aircraft in case corrective actions against aviation security violations fail to be taken; according to the nature and degree of the violation, suspend tasks, revoke or recommend the issuing authority/unit to revoke aviation security control permits and aviation staff permits of aviation staff violates regulations on aviation security assurance.

3. Impose administrative penalties for violations committed at airports and aerodromes within their power in the aviation security field; transfer the violations that are beyond their power to relevant competent authorities.

4. Organize the issuance and management of airport/aerodrome security control badges and permits under their management.

5. Take charge and cooperate with regulatory authorities operating at airports and aerodromes in addressing issues that arise and maintaining security, order and normal operation of airports and aerodromes. Take charge of assessing issues concerning assurance of airport/aerodrome security at periodic or unscheduled meetings between regulatory authorities and organizations operating at airports/aerodromes. Directors of airports authorities shall consider and take responsibility for aviation security assurance issues of which the handling is disapproved by relevant regulatory authorities at airports/aerodromes disagree, and immediately notify the CAAV.

6. Cooperate with relevant authorities and units in exchanging and collecting information about security, order, crime and other violations related to airports and aerodromes.

Article 115. Responsibilities of airport and aerodrome operators

1. Organize the aviation security assurance system as prescribed in this Circular. Ensure aviation security regarding activities under their management.

2. Design an ASP and organize the implementation thereof after obtaining approval. Provide the approved ASP to relevant airports authorities, and conformity part of the program to relevant airlines, authorities and enterprises operating at airports and aerodromes upon request. Undergo security inspections, tests, assessments and investigations by the CAAV and airports authorities as prescribed.

3. Build infrastructure and provide equipment necessary to ensure aviation security, protect airports and aerodromes and maintain public order at airports and aerodromes within their jurisdiction.

4. Take charge and cooperate with aviation security control departments at airports in deciding on the number, location and operating hours of checkpoints, control booths, patrol locations and targets under security protection at airports and aerodromes.

5. Cooperate with competent authorities in collecting information relating to aviation security assurance. Take charge of assessing risks at airports and aerodromes. Recommend the CAAV and aviation emergency steering committees of provinces, cities and island districts to take strengthened aviation security control measures.

6. Build emergency centers at airports and aerodromes to serve command over prevention of and response to acts of illegal interference at airports and aerodromes. Design a contingency plan against acts of illegal interference at airports and aerodromes. Conduct internal drills aimed at responding to acts of illegal interference and take part in drills among aviation-related authorities and provinces and nationwide.

7. Ensure aviation security requirements and standards are applied to design, construct and renovate works within airports and aerodromes.

8. Organize a system for inspecting and supervising the execution of ASPs and aviation security assurance service contracts; inspecting and controlling internal security upon following aviation security standards and procedures to promptly correct deficiencies in aviation security assurance.

9. Take charge and cooperate with aviation security control departments at airports in signing regulations on cooperation in ensuring aviation security, order and social safety with local authorities, police and army units at airports and aerodromes and relevant authorities and units.

10. Provide professional training in aviation security to officials and staff concerned as prescribed by law.

11. Issue and manage aviation security control badges and permits as prescribed.

12. Make regulations on internal security control and control internal security when following procedures for recruitment, training, management, supervision, taking of actions against violations, evaluation, appointment and reassignment; apply for permits and professional ratings, and carry out periodic assessments of officials and staff under their management.

13. Make regulations on protection of aviation information and aviation information technology system used in civil aviation to combat illegal access and interference that result in threat to civil aviation safety and theft of confidential information.

14. Disseminate and educate their officials and staff about regulations on aviation security; disseminate regulations on aviation security, except restricted documents about aviation security through mass media at airports, aerodromes and areas adjacent to airports and aerodromes.

15. Follow the CAAV’s professional guidelines for aviation security assurance.

16. Take measures to protect important works relating to national security as prescribed by law.

17. Cooperate with holders of licenses for provision of aviation security assurance services in providing aviation security assurance services as prescribed by law.

Article 116. Responsibilities of aviation security assurance service providers

1. Take measures to control aviation security, take initial actions against aviation security violations and respond to acts of illegal interference with civil aviation at airports and aerodromes.

2. Provide aviation security assurance services as prescribed by law.

3. Set up professional aviation security control forces in accordance with regulations of law.

4. Design and submit ASR to the CAAV and organize the implementation thereof after obtaining approval.

5. Cooperate with airports authorities and airport/aerodrome operators in signing regulations on cooperation in ensuring aviation security, order and social safety with local authorities, police and army units at airports and aerodromes and relevant authorities and units.

6. Carry out assessment and give recommendations to airport/aerodrome operators with regard to investment in, construction and renovation of works serving aviation security assurance to ensure effectiveness and uniformity.

7. Control internal security and protect aviation information systems.

8. Mobilize aviation security control forces to take measures to control security and maintain order at airports and aerodromes. Check, screen and supervise people, baggage, cargo, mail, vehicles, fuel, meals and other articles before their entry into restricted areas and aircrafts; control and supervise people, vehicles and items entering, leaving and operating within restricted areas. Organize supervision and protection of aircrafts parked at airports; conduct aviation security searches.

9. Escort people and vehicles that may threaten aviation security as prescribed or upon request. Manage and supervise passengers denied entry as prescribed by law.

10. Take strengthened aviation security control measures at each level as prescribed. Take measures to respond to acts of illegal interference according to the approved plan.

11. Take aviation security control measures on VVIP flights and general aviation flights as prescribed by law.

12. Organize the provision of professional training in aviation to aviation security control staff and persons concerned within their jurisdiction.

13. Organize the dissemination and provision of education about regulations on aviation security to their officials and staff; disseminate regulations on aviation security to passengers.

14. Consolidate, report, manage and archive documents concerning aviation security; draw on experience and making comments about aviation security-related cases occurring locally as prescribed; update and archive all domestic and foreign documents and regulations on aviation security.

15. Control internal aviation security quality as prescribed by law.

16. Where necessary, protect the scene in case violations of civil aviation security and safety and public order, and acts of illegal interference with civil aviation are committed at airports and aerodromes as prescribed by law.

17. Take part in appraising aviation security standards and requirements for planning, designing, constructing, renovating and upgrading infrastructure and equipment serving aviation security assurance by airports and aerodromes.

18. Effectively operate security infrastructure, equipment and machines provided by airport operators. Closely and promptly cooperate with airport operators in maintenance and repair.

19. Cooperate with:

a) Airport/aerodrome operators in tailoring ASP and contingency plans (airport contingency plan and contingency plan aimed at responding to acts of illegal interference) for airports; perform tasks within their jurisdiction when the ASP and contingency plans are approved;

b) Relevant authorities in managing, storing, operating and using works, machines and equipment serving aviation security assurance;

c) Authorities in charge of security and defense protection in taking measures to combat local crime; implement regulations on security and defense;

d) Police authorities, local authorities and army units in patrolling areas adjacent to airports and aerodromes in order to discover and take prompt actions against violations as prescribed;

dd) Airports authorities, local police authorities, airport/aerodrome operators and relevant authorities and units in assessing risks to aviation security as prescribed; discover, prevent and take actions against aviation security violations and respond to acts of illegal interference;

e) Directors of airports authorities, aviation inspecting authority and competent authorities in suspending flights to prevent threats to flight security and safety.

g) Relevant authorities in taking measures to protect important works relating to national security as prescribed by law;

h) Police authorities in escorting criminals.

20. Promptly notify airport/aerodrome operators of cases disrupting operation, disturbing public order and damaging property, works and vehicles at airports or acts of illegal interference with civil aviation.

21. Escort passengers have lost their act control upon request.

22. Conduct internal drills aimed at responding to acts of illegal interference at airports and aerodromes as prescribed by law.

Article 117. Responsibilities of aviation service providers

1. Make ASR, including a contingency plan aimed at responding to acts of illegal interference and organize the implementation thereof after obtaining approval; provide the approved ASR to airports authorities and airport/aerodrome operators. Undergo security inspections, tests, assessments, surveys and investigations by competent authorities in accordance with regulations of law soft and this Circular.

2. Ensure aviation security as prescribed in this Circular; ATS providers shall mobilize aviation security control forces to ensure aviation security within their restricted areas; aircraft maintenance and repair service providers shall mobilize aviation security control forces to ensure aviation security at the providers.

3. Exercise their rights and responsibility for cooperating in taking initial actions against acts of illegal interference with civil aviation at aviation service providers outside airports as prescribed by law.

4. Cooperate with airports authorities, aviation security control forces, police authorities, army authorities and relevant local authorities in taking actions against aviation security violations within restricted areas of the providers.

5. Collect information, assess and determine level of threats to aviation security to counsel the CAAV and aviation emergency steering committees of provinces, cities and island districts to take strengthened aviation security control measures.

6. Undergo security inspections, tests, assessments, surveys and investigations by the CAAV and airports authorities in accordance with regulations of law and this Circular. Provide information and documents relating to aviation security assurance to competent authorities upon request.

7. Within their jurisdiction, take responsibility for:

a) Identifying restricted areas of the providers outside airports and aerodromes. Issuing and managing internal security control badges and permits as prescribed;

b) Implementing regulations on internal security control applied to aviation staff. Organizing the system for internal inspection and supervision;

c) Protecting civil aviation information and civil aviation information technology system under their management to combat illegal access and interference that result in threat to civil aviation safety and theft of confidential information;

d) Controlling internal security quality as prescribed by law;

dd) Providing professional training in aviation security to officials and staff concerned as prescribed by law;

e) Disseminating and educating their officials and staff about regulations on aviation security; disseminating regulations on aviation security, except restricted documents about aviation security through mass media.

8. Organize the signature of documents about cooperation in ensuring aviation security, order and social safety with local authorities, local police authorities and relevant army units in areas where service providers are available.

9. Conduct internal drills aimed at responding to acts of illegal interference and take part in drills among aviation-related authorities and nationwide.

10. Follow the CAAV’s professional guidelines for aviation security assurance.

11. Regarding ATS providers having important works relating to national security, take protection measures as prescribed by law.

12. Cooperate with holders of licenses for provision of aviation security assurance services in ensuring aviation security as prescribed by law.

Article 118. Responsibilities of airlines and aircraft operators

1. Design and submit ASPs of airlines to the CAA and organize the implementation thereof after obtaining approval; provide entire approved ASPs to the airports authorities for inspection and supervision of compliance.

2. Provide professional training in aviation security to their officials and staff as prescribed by law.

3. Cooperate with airports authorities, airport/aerodrome operators and relevant authorities and units in taking actions against aviation security violations and other violations pertaining to the aircraft in operation or non-operational aircraft. Provide information and documents relating to aviation security assurance at the request of the CAAV and airports authorities in charge of airports pertaining to activities of airlines and aircraft operators.

4. Carry out pre-flight security checks, cooperate in searching aircraft when informed of any threats. Ensure security and maintain order and discipline on the aircraft in flight.

5. Vietnamese airlines and aircraft operators shall:

a) Mobilize aviation security control forces to take measures to control aviation security, maintain security, order and discipline on aircrafts and security upon operation of aircrafts outside airports and aerodromes;

b) Organize an independent aviation security system with the head who takes responsibility for all approved activities pertaining to aviation security assurance by airlines;

c) Carry out surveys and assessments of aviation security assurance with regard to airlines operation at domestic and foreign airports and aerodromes; provide funding to the CAAV for its participation in surveys and assessments at foreign airports;

d) Cooperate in implementing contingency plans against acts of illegal interference with civil aviation within their jurisdiction. Conduct internal drills aimed at responding to acts of illegal interference and take part in drills among aviation-related authorities and nationwide;

dd) Set boundaries of restricted areas under their management outside airports and aerodromes. Issue and manage internal security control badges and permits and crew identification badges as prescribed;

e) Arrange seats for in-flight security staff performing tasks on flights at the request of the competent authority;

g) Implement regulations on internal security control applied to aviation staff;

h) Protect aviation information and aviation information technology systems of airlines to combat illegal access and interference that result in threat to civil aviation safety and theft of confidential information, including passengers personal information;

i) Disseminate and educate their officials and staff about regulations on aviation security; disseminate regulations on aviation security to passengers in appropriate manners.

k) Follow the CAAV’s professional guidelines for aviation security assurance.

6. Foreign airlines shall comply with all regulations of Vietnamese law on aviation security during their operation in Vietnam; designate and notify persons who are directly and totally for ensuring aviation security during their operation in Vietnam to the CAAV.

7. When completing procedures for receiving application forms for transport of cargo and mail, airlines shall notify passengers of their policy on transport of special articles specified in Article 52 of this Circular or transport of dangerous articles, such as diplomatic pouches and consular pouches (if any).

8. Cooperate with holders of licenses for provision of aviation security assurance services in ensuring aviation security as prescribed by law.

Article 119. Responsibilities of relevant organizations and individuals

1. Comply with all regulations of this Circular and ASPs of airport/aerodrome operators when involved in activities at airports and aerodromes. Undergo aviation security inspections, tests, assessments, surveys and investigations by the CAAV and airports authorities concerned and aviation security control forces.

2. Regarding non-aviation service providers at airports and aerodromes:

a) Protect their infrastructure, assets and equipment, maintain aviation security and order when involved in activities through security assurance service contracts signed with airport/aerodrome operators;

b) Cooperate with airports authorities, aviation security control forces and relevant authorities and units in taking actions against aviation security and order violations committed in areas under their management;

c) Ensure officials and staff concerned are provided with professional training in aviation security as prescribed by law;

d) Disseminate and educate their officials and staff about regulations on aviation security;

dd) Sellers of products that contain liquids, aerosols and gels and airlines shall provide security tamper-evident bags when selling such products to passengers at duty-free shops within international sterile areas and on international flights. The bill shall contain: date of sale (year/month/day); international code of the selling place (country, airport, airline); flight number; name of the passenger (if any); number and list of items in the bag.

3. Passengers and cargo shippers shall comply with regulations on aviation security assurance system as prescribed in this Circular. Passengers shall strictly follow instructions of aviation security control forces and orders of crewmembers. In the case of non-compliance, they shall be handled in accordance with regulations of law according to the nature and degree o the violation. Passengers are required to know contents of and take legal responsibility for their carry-on or checked baggage; cargo and mail shippers are required to know contents of and take legal responsibility for cargo and mail to be on board the aircraft.

4. Aviation security staff shall comply with regulations on aviation security assurance in accordance with regulations of this Circular and regulations on aviation security; shall not drink wine and beer while performing tasks; if any violation is committed, he/she shall be suspended from performing tasks and have his/her aviation security control badge/aviation staff permit revoked according to the nature and degree of the violation.

Article 120. Funding for aviation security assurance

1. The CAAV shall, according to the annually assigned tasks, make an estimate of funding provided by state budget and other legal funding sources, and submit it to the Ministry of Transport for approval.

2. Enterprises shall themselves provide funding for activities pertaining to aviation security assurance within their jurisdiction specified in this Circular and other regulations of law.

Chapter IX

IMPLEMENTATION CLAUSE

Article 121. Effect

1. This Circular takes effect on June 01, 2019. Point d Clause 1 Article 96 of this Circular shall take effect on January 01, 2021.

2. This Circular supersedes the Circular No. 01/2016/TT-BGTVT dated February 01, 2016 of the Minister of Transport, Circular No. 45/2017/TT-BGTVT dated November 17, 2017 of the Minister of Transport and Circular No. 02/2018/TT-BGTVT dated January 09, 2018 of the Ministry of Transport and repeals the Decision No. 1281/QD-BGTVT dated April 26, 2016 of the Minister of Transport.

3. Chief of the Ministry Office, Chief Inspector of Ministry, Directors General, Director General of the Civil Aviation Authority of Vietnam and relevant organizations and individuals are responsible for the implementation of this Circular./.

For the Minister

The Deputy Minister

Le Dinh Tho