Decree 96/2021/ND-CP on assurance of special flights and special-cabin flights

DECREE

On assurance of special flights and special-cabin flights^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 20, 2017 Law on Guard Police;

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

At the proposal of the Minister of Transport;

The Government promulgates the Decree on assurance of special flights and special-cabin flights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides the assurance of Vietnam’s special flights and special-cabin flights and foreign special flights flying within Vietnam’s airspace and flight information regions managed by Vietnam.

2. Subjects of application of this Decree include organizations and individuals involved in the assurance of Vietnam’s special flights and special-cabin flights and foreign special flights flying Vietnam’s airspace and flight information regions managed by Vietnam.

Article 2. Interpretation of terms

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

1. Special flight means a flight using a separate aircraft carrying one of the subjects specified in Article 4 of this Decree and notified by a competent state agency in accordance with this Decree.

2. Special-cabin flight (in whole or in part) means a commercial flight in which competent agencies purchase tickets and confirm seats for one of the subjects specified in Article 4 of this Decree and issue notices in accordance with this Decree.

3. Vietnam’s special flight or special-cabin flight means a flight operated by a Vietnamese airline or a unit of the Ministry of National Defense carrying one of the subjects specified in Article 4 of this Decree to fly within and/or outside the territory of Vietnam.

4. Foreign special flight means a flight operated by a foreign airline or other foreign agencies and organizations carrying one of the subjects specified in Article 8 of this Decree using a separate aircraft flying to, from, within or over the Vietnamese territory and the flight information regions managed by Vietnam.

5. Notice of Vietnam’s special flight or special-cabin flight means a document issued by a competent agency specified in Article 5 of this Decree ordering or assigning the task of ensuring a special flight or special-cabin flight for the agencies and units specified in Clause 2, Article 7 of this Decree.

6. Foreign special flight notice means a document issued by a competent agency specified in Article 9 assigning the task of ensuring a special flight to agencies and units specified in Clause 2, Article 10 of this Decree.

Article 3. Principles of assurance of special flights and special-cabin flights

1. Ensuring absolute security and safety.

2. Ensuring the prescribed standards of special flights or special-cabin flights.

3. Ensuring confidentiality of plans on security assurance for the subjects eligible to fly special flights or special-cabin flights in accordance with law.

4. Ensuring welcome and farewell ceremonies for special flights and special-cabin flights under regulations.

Chapter II

ASSURANCE OF VIETNAM’S SPECIAL FLIGHTS AND SPECIAL-CABIN FLIGHTS

Article 4. Subjects eligible to fly Vietnam’s special flights and special-cabin flights

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

2. The President of the Socialist Republic of Vietnam.

3. The Prime Minister of the Socialist Republic of Vietnam.

4. The Chairperson of the National Assembly of the Socialist Republic of Vietnam.

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

Article 5. Agencies competent to notify Vietnam’s special flights and special-cabin flights

1. The Office of the Party Central Committee.

2. The Office of the President.

3. The Office of the Government.

4. The Office of the National Assembly.

5. The Foreign Relations Commission of the Party Central Committee.

Article 6. Enterprises eligible to receive orders and units eligible to be assigned to operate Vietnam’s special aircraft or special-cabin flights

1. Enterprises eligible to receive orders to operate Vietnam’s special flights and special-cabin flights are Vietnamese airlines that fully meet the criteria specified by the Minister of Transport.

2. Units eligible to be assigned to operate Vietnam’s special flights and special-cabin flights are units under the Ministry of National Defense that fully meet the criteria specified by the Minister of National Defense.

Article 7. Notices of Vietnam’s special flights and special-cabin flights

1. A notice of a Vietnam’s special flight or special-cabin flight shall be made in writing, including the following details:

a/ The subject to be served and the number of members and composition of the delegation;

b/ The flight itinerary;

c/ The Vietnamese airline that is ordered or the unit of the Ministry of National Defense that is assigned to operate the flight;

d/ Requirements on welcome and farewell ceremonies;

dd/ Requirements on assurance of security and defense and other specific requirements.

2. A written notice of a special flight or special-cabin flight of Vietnam shall be sent to the following agencies and units:

a/ For special flights and special-cabin flights operated by Vietnamese airlines on domestic routes: The Ministry of Public Security (the Command of Guard Police), the Ministry of Transport (the Civil Aviation Authority of Vietnam), the Ministry of National Defense (the Department of Operations, and Air Defense-Air Force), and enterprises receiving orders to operate the flights;

b/ Special flights and special-cabin flights operated by Vietnamese airlines on international routes: The Ministry of Foreign Affairs (the Consular Department and Directorate of State Protocol), the Ministry of Public Security (the Command of Guard Police), the Ministry of Public Security Transport (the Civil Aviation Authority of Vietnam), the Ministry of National Defense (the Department of operations, Air Defense-Air Force), and enterprises receiving orders to operate the flights;

c/ Special flights and special-cabin flights operated by units under the Ministry of National Defense on domestic routes: The Ministry of Defense, the Ministry of Public Security (the Command of Guard Police), and enterprises providing flight operations assurance services;

d/ Special flights or special-cabin flights operated by units of the Ministry of National Defense on international routes: The Ministry of Foreign Affairs (the Consular Department, the Directorate of State Protocol), the Ministry of Public Security (the Command of Guard Police), the Ministry of National Defense, the Ministry of Transport (Civil Aviation Authority of Vietnam), and enterprises providing flight operations assurance services.

3. The deadline for sending a written notice of a Vietnam’s special aircraft or special-cabin flight is as follows:

a/ For special flights: At least 5 days before the intended date of flight, for domestic flights; at least 10 days before the intended date of flight, for international flights, except for special cases;

b/ For special-cabin flights: At least 24 hours before the scheduled take-off time, for domestic flights; at least 5 days before the intended date of flight, for international flights; except for special cases;

c/ For special flights operated by units under the Ministry of National Defense: At least 5 days before the intended date of flight, except for special cases.

4. The sending of notices of Vietnam’s special flights or special-cabin flights shall be regarded as a form of assigning tasks to units of the Ministry of National Defense or of placing orders with Vietnamese airlines.

Chapter III

ASSURANCE OF FOREIGN SPECIAL FLIGHTS

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

Standards and procedures for serving Vietnam’s special flights shall be applied to foreign flights carrying heads of state, legislative bodies and governments of other countries on state visit, official visit, working visit or personal visit to Vietnam.

Article 9. Vietnamese agencies competent to notify foreign special flights

1. The agencies specified in Article 5 of this Decree.

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

3. The Consular Department, the Directorate of State Protocol - the Ministry of Foreign Affairs.

Article 10. Notices of foreign special flights

1. A notice of foreign special flight shall be made in writing, including the following details:

a/ The subject to be served and the number of members and composition of the delegation;

b/ The flight itinerary;

c/ The airline and other related foreign agencies and organizations;

d/ Requirements on welcome and farewell ceremonies;

dd/ Requirements on ensuring security and safety and other specific requirements (if any).

2. A written notice of a foreign special flight shall be sent to: The Ministry of Public Security (the Command of Guard Police), the Ministry of Transport (the Civil Aviation Authority of Vietnam), the Ministry of National Defense (the Department of Operations, Air Defense-Air Force).

3. A notice of foreign special flight shall be sent at least 7 days before the intended date of flight, except for special cases.

4. Agencies and units receiving notices of foreign special flights shall perform tasks under regulations.

Article 11. Implementation of procedures for serving foreign special flights

1. Related agencies and units shall serve foreign special flights under Article 8 of this Decree.

2. In case the foreign party requests the application of service standards and processes different from those of Vietnam, the Civil Aviation Authority of Vietnam shall assume the prime responsibility for, and coordinate with related agencies, units and organizations in, based on current regulations, the actual situation and the ability to respond to the foreign party’s request, making submissions to Vietnamese agencies competent to notify the special flight for reaching agreement with the foreign party.

Chapter IV

RESPONSIBILITIES OF RELATED AGENCIES, UNITS AND ORGANIZATIONS

Article 12. Responsibilities of the Office of the Central Committee of the Party, the Office of the President, the Office of the Government, the Office of the National Assembly, and the Foreign Relations Commission of the Party Central Committee

1. To notify Vietnam’s special flights and special-cabin flights and foreign special flights under regulations.

2. To assume the prime responsibility for, and coordinate with related agencies and units in, planning and organizing Vietnam’s special flights and special-cabin flights under plans.

3. To notify decisions of subjects eligible to fly Vietnam’s special flights or special-cabin flights specified in Article 4 of this Decree on departure times for Vietnam’s special flights in special cases specified in Clause 3, Article 7 of this Decree.

4. To coordinate with related agencies, units and enterprises in hiring foreign airlines to operate special flights to serve Vietnamese subjects eligible to fly special flights overseas in case of necessity; to coordinate with the Ministry of Foreign Affairs in organizing ceremonies to welcome and see off Vietnam’s special flights overseas.

5. To coordinate with the Ministry of National Defense in organizing Vietnam’s special flights and special-cabin flights operated by units under the Ministry of National Defense.

Article 13. Responsibilities of the Ministry of Transport and units and enterprises in Vietnam’s aviation sector

1. The Minister of Transport shall prescribe aircraft and aviation personnel standards; the process of management, implementation, operation and other necessary assurance activities for Vietnam’s special flights and special-cabin flights operated by Vietnam’s airlines, and the procedures for serving foreign special flights; appraise and propose the Ministry of Finance to determine the maximum charter price for official aircraft making special flights or special-cabin flights (taking into account the reserve aircraft factor) in the form of order placement; and stipulate specific prices for ordering state budget-funded special flights and special-cabin flights on the basis of the maximum price per flight hour for official aircraft (taking into account the reserve aircraft factor) prescribed by the Ministry of Finance.

2. The Civil Aviation Authority of Vietnam shall:

a/ Act as the focal point to receive and carry out the task of ensuring Vietnam’s special flights and special-cabin flights operated by Vietnamese airlines and foreign special flights;

b/ Direct and supervise agencies and units in the aviation industry to perform and serve special flights and special-cabin flights according to security and safety standards;

c/ Grant flight permits for Vietnam’s special flights operated by Vietnamese airlines according to regulations, and for foreign special flights flying over Vietnam’s airspace and flight information regions managed by Vietnam;

d/ Coordinate with related Vietnamese and foreign agencies and units in handling eventualities occuring in the course of ensuring special flights and special-cabin flights and performing the tasks specified in Clause 2, Article 11 of this Decree.

3. The airport authorities shall:

a/ Assign the work of ensuring special flights and special-cabin flights to state management agencies and aviation service providers operating at airports and airfields;

b/ Directly supervise the organization and implementation of the work of ensuring special flights and special-cabin flights of organizations and individuals at airports and airfields under their management.

4. Airport or airfield operators shall designate aircraft parking areas and positions and guest houses to serve special flights and special-cabin flights; and coordinate with airlines and aviation service providers at airports and airfields to organize Vietnam’s special flights and special-cabin flights and foreign special flights.

5. Flight operations assurance service providers shall provide flight operations assurance services according to their competence for Vietnam’s special flights and special-cabin flights and foreign special flights.

6. Vietnamese airlines that are ordered to operate Vietnam’s special flights or special-cabin flights shall:

a/ Meet Vietnam’s standards on special flights and special-cabin flights as prescribed by the Ministry of Transport; ensure security and safety for flights;

b/ Make flight plans for Vietnam’s special flights on international routes and notify flight itineraries to the Consular Department at least 7 days before the intended date of flight;

c/ In case of receiving a written notice of a Vietnam’s special flight later than the time specified in Clause 3, Article 7 of this Decree, a Vietnamese airline shall immediately report difficulties and problems to the authority competent to notify special flights or special-cabin flights for timely coordination and settlement;

d/ Assume the prime responsibility for, and coordinate with related service-providing enterprises in, organizing the performance of special flight and special-cabin flight assurance tasks.

Article 14. Responsibilities of the Ministry of National Defense

1. The Minister of National Defense shall stipulate standards of aircraft, flight crews, unit prices for implementation of flight plans for state budget-funded special flights and special-cabin flights and other necessary assurances for special flights and special-cabin flights operated by units under the Ministry of National Defense; prescribe the coordination, management and protection of special flights and special-cabin flights flying in the airspace of Vietnam and the flight information regions managed by Vietnam.

2. To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Transport and provincial-level People’s Committees in, implementing measures to ensure security for special flights and special-cabin flights operated by units under the Ministry of National Defense.

3. The Department of Operations and Air Defense-Air Force, the units assigned to operate Vietnam’s special flights and special-cabin flights: To manage and protect the airspace, and coordinate with enterprises in ensuring flight operations and flight control for special flights and special-cabin flights in the airspace of Vietnam and the flight information regions managed by Vietnam; to coordinate with related agencies in serving special flights and special-cabin flights to and from airports under the management by the Ministry of National Defense; to grant flight permits for special flights and special-cabin flights operated by units under the Ministry of National Defense within the territory of Vietnam and the flight information regions managed by Vietnam; to directly organize the operation and management of Vietnam’s special flights and special-cabin flights operated by units under the Ministry of National Defense.

4. To notify foreign special flights under Article 9 of this Decree.

Article 15. Responsibilities of the Ministry of Foreign Affairs

1. The Consular Department shall assume the prime responsibility for, and coordinate with the Vietnamese airlines ordered or the units under the Ministry of National Defense assigned to operate Vietnam’s special flights, in applying for a foreign flight permit via a foreign channel for special flights; and granting flight permits for foreign special flights according to its competence.

2. The Directorate of State Protocol shall assume the prime responsibility for implementing and ensuring the welcome and farewell ceremonies for the subjects eligible for flying on Vietnam’s special flights and special-cabin flights and foreign special flights according to its competence; contact overseas representative missions of the Socialist Republic of Vietnam to request or directly request the authorities of the host countries to exempt or reduce fees for Vietnam’s special flights to the host countries on the principle of reciprocity.

3. To notify foreign special flights to and from Vietnam under Article 9 of the Decree.

Article 16. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, guiding the implementation of security measures for Vietnam’s special flights and special-cabin flights operated by Vietnamese airlines; for foreign special flights to and from Vietnam under regulations.

2. The Command of Guard Police shall assume the prime responsibility for, and coordinate with related agencies and units in, organizing the security assurance for Vietnam’s special flights and special-cabin flights; supervise the security assurance for foreign special flights.

Article 17. Responsibilities of the Ministry of Finance

To guide the estimation, payment and settlement of state budget funds of state management agencies for Vietnam’s special flights and special-cabin flights; prescribe  the maximum charter price for official aircraft making special flights and special-cabin flights (taking into account the reserve aircraft factor) paid from the state budget ordered by the authorities competent to notify special flights and special-cabin flights specified in Article 5 of this Decree on the basis of the appraisal and proposal of the Ministry of Transport.

Article 18. Responsibilities of provincial-level People’s Committees

To coordinate with the Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs and related agencies and units in organizing the assurance of security for Vietnam’s special flights and special-cabin flights and foreign special flights to and from their localities, and safety, order and ceremonies to welcome and see off the subjects eligible to fly on special flights or special-cabin flights.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19. Effect

1. This Decree takes effect on the date of its signing.

2. This Decree replaces the Government’s Decree No. 03/2009/ND-CP of January 9, 2009, on assurance of special flights.

Article 20. Organization of implementation

The Chief of Office of the Party Central Committee, the Head of the Party Central Committee’s External Relations Commission, the Chairperson of the President’s Office, the General Secretary-Chairperson of the Office of the National Assembly, ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and heads of related agencies, units and organizations shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH