Decree No. 27/2011/ND-CP dated April 09, 2011 of the Government on supplying, development, handling, usage of passengers information before entering into the border gate of Vietnam by air traffic

DECREE

ON SUPPLYING, DEVELOPMENT, HANDLING, USAGE OF PASSENGERS INFORMATION BEFORE ENTERING INTO THE BORDER GATE OF VIETNAM BY AIR TRAFFIC

THE GOVERMENT

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

At the proposal of Minister of Public Security, Minister of Transport and Minister of Finance,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Subjects and scope of application

1. This Decree provides for responsibilities of supplying advance information of flight, personal details of passengers and cabin crew (collectively called as API/ Advance Passenger Information) of organizations, individuals who carry on business of international civil aviation transport (collectively called as the Airlines) or subjects operator of private flight, departing from an airport outside the territory of the Socialist Republic of Vietnam to a Vietnam international airport; duties of competent agencies in receiptation, development, handling, usage of API and coordinated relation between such that agencies.

In case the international agreements that Socialist Republic of Vietnam is a party or acceded to otherwise provide for, such international agreements shall apply.

2. This Decree does not apply for the foreignspecial flights transporting passengers who come to visit and work at Vietnam according to the invitation of the Party and State; Vietnam special flights;foreign or Vietnam flights which take responsibility for escorting, advance surveying for such above mentioned  special flights; special-utility, military flights of Arm Force, of Public Security, of Vietnam Customs, flights used for public affair purposes of the Socialist Republic of Vietnam and flights for rescue.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Advance Information of Passenger (abbreviated as API/Advance Passenger Information) means information on flights, passengers and cabin crew which are provided by the airlines or  private flight operators under the form of computer data (hereinafter collectively called as API data) for the Vietnam competent agencies before landing at an international airport of Vietnam.

2. API data includes:

a) Data on the flight: Air traffic routes, flight figure, name of the airline, border gate, number of passengers, cabin crew, and time of entry and exist.

b) Data on passengers and cabin crew: full name, sex, date of birth, nationality, type and amount of documents in valid for entry and exist, isuing place and value of such documents.

3. API Handling is the matter that competent agencies, organizations examine, cross-check data on flight, data on passengers and cabin crew with data or alert information relating to aviation security, political security, social order and safety, prevent smuggle and trade fraud.

4. 24/7 information regime means suplying information, data frequently, continuously for 24 hours per day and all week.

Article 3. Principles of development, handlind, usage of API information, data

The development, handling, usage of API information, data according to provisions of this Decree must comply with the following principles:

1. Only using API information, data for purpose of serving state’s management task on aviation safety and security; political security, social order and safety, prevent smuggle and trade fraud.

2. Ensuring keeping in secret for business figure of the airlines or private flight operators and for personal details of passengers and cabin crew; do not affect the above mentioned airlines’ business and private flight operators.

3. Do not transfer API information, data to other agencies, and organizations except the cases of having consent of the airlines and private flight operators who produced information.

Chapter 2.

RESPONSIBILITY, TIME-LIMIT OF API DATA SUPPY

Article 4. Registration of transmission network and API data supplying

1. The airlines or private flight operators as provided in clause 1 of this Decree are responsible for registering transmission network in order to supply API data to competent agencies of Vietnam as provided in clause 2 of this Article.

2. API data supplied online on the network to the airport,international airport of Vietnam by the airlines or private flight operators.

3. Where there is any objective reasons or technical break-down so that information, API data can not be supplied within the time-limit as provided in clause 1 Article 5 of this Decree, the airlines or private flight operators must inform promptly to the Airport Authority of international airport of Vietnam for these agencies to notify to Office of public security and Customs Branchof international airport border gate.

Article 5. Time-linit and regime of API data supplying

1. API data must be supplied to competent agencies of Vietnam by the airlines or private flight operators right the time of conducting procedures for passengers and cabin crew boarding to fly to an international airport of Vietnam.

2. API data which is supplied to the Airport Authority of international aerial port of Vietnam according to regime of 24/7 information.

Chapter 3.

POWERS, RESPONSIBILITY AND COORDINATION RELATION BETWEEN AGENCIES DEVELOPING, HANDLING, USING API DATA, INFORMATION

Article 6. Agencies that are permitted for development, handle, usage of API information, data

Vietnam agencies that are permitted for development, handling, usage of API information, data, include:

1. The Ministry of Transport:

a) Civil Aviation Administration of Vietnam.

b) Airport Authorityof international aerial port.

2. The Ministry of Public Security:

a) Immigration management Department.

b) The Offices of public security at international border gate.

3. The Ministry of Finance:

a) Management Supervision Department;Anti-smuggling Investigation Department of General Customs Department.

b) Customs Branches of international airport.

Article 7. Notification on API supplying

The Ministry of Transport guides Vietnam Aviation Administration to notify for the airlines or private flight operators of the implementation of API data supplying according to provisions of this Decree.

Article 8. Receipt and transmission of API information, data

1. The Vietnam Aviation Administration is responsible for guiding Airport Authorityof international aerial port to receive and transmit API data to the competent agencies as provided in clause 2, 3 Article 6 of this Decree.

2. Airport Authorityof international aerial port implement receiving registration of API data communication network of the airlines or private flight operators according to the technical plan stated  in Article 11 of this Decree.

3. In case data, information system through computer network is broken-down, Airport Authorityof international aerial port presides over, coordinates with relative organizations, agencies promptly repair in order to ensure API data, information to be supplied and handled before the flights are landed at an international airport of Vietnam.

Article 9. Development, handling, usage of API data, information

1. The agencies provided in Article 6 of this Decree are responsible for receiving and operatingAPI data, information under regulations of law; to make sure API information, data to be handled before the flights are landed at an international airport of Vietnam.

2. The Vietnam Aviation Administration presides over, coordinates with relative agencies as provided in clause 2, 3 Article 6 of this Decree to organize meeting periodically once every 06 months for:

a) Evaluating the implementation of API information, data supplying of airlines or private flight operators.

b) Evaluating on information’s quality developed, used in order to inform to the airlines or private flight operators for having suitable modifying solutions.

Article 10. Responsibility for supervising, urging API data, information supplying

Airport Authorityof international airport is responsible for supervising, speeding up the airlines or private flight operators to supply API data, information in exact time-limit provided in clause 1 Article 5 of this Decree.

Chapter 4.

IMPLEMENTATION ORGANIZATION

Article 11. Ensuring conditions for implementation of supplying, development, handling, usage of API data, information

The Ministry of Public Security presides over, coordinates with the Ministry of Transport and the Ministry of Finance have responsibilities of setting up technical plan connecting with computer network of competent agencies as provided in Article 6 of this Decree in order to implement the receipt, development, handling, usage of API data, information according to provisions.

Article 12. Ensuring expenditure for development, handling, usage of API data, information

The Ministry of Finance supply expenditure for the relative Ministries, Branches to deploy and operate system of API data, information under regulations of this Decree.

Article 13. Settlement of legal violation when implement supplying, development, handling, usage of API data, information

1. Any violation of supplying, development, handling, usage of API data, informationdepending on their nature and violation level shall be administrative handled or examined for penal liability; if causing damage, they must compensate thereof according to law provisions.

2. The Ministry of Transport presides over, coordinates with the relative Ministries, Branches to review, supplement violations in this Decree for documents on sanctions against administrative violation in the field of civil aviation which are foundation of hadling foreign or Vietnam agencies, organizations, individuals violated.

Article 14. Effect of impementation

This Decree takes effect on June 01, 2011.

Article 15. Responsibility for implementation

Ministers, Heads of Ministerial-level agencies, Heads of governmental agencies, chairmen of the People’s Committees of centrally-affiliated cities and provinces are responsible for guiding specifically and the implementation of this Decree.