Chapter V
CIVIL AVIATION SECURITY FORCES
Article 34. Operation areas of civil aviation security forces
Operation areas of civil aviation security forces embrace airports, airfields, establishments providing air navigation services; aircraft; establishments manufacturing, maintaining and repairing aircraft and aircraft equipment; establishments handling cargo, mail and postal matters and parcels; and establishments providing other aviation services.
Article 35. Organizational structure of civil aviation security forces
1. Civil aviation security forces consist of:
a/ Civil aviation security advisors, inspectors and supervisors of the Civil Aviation Administration of Vietnam and airport authorities;
b/ Civil aviation security advisors, inspectors and supervisors, aviation security officers of airport or airfield enterprises, air navigation service providers and Vietnamese air carriers.
2. Civil aviation security forces shall be uniformly organized, placed under the direction of the Civil Aviation Administration of Vietnam, and respective direct management of the Civil Aviation Administration of Vietnam, airport authorities, airport operators, air navigation service providers and Vietnamese air carriers.
3. Officers and members of civil aviation security forces are Vietnamese citizens aged 18 or older, have good health, ethic qualities and clear political background and are not addicted to drugs. They shall submit to the verification, inspection and supervision by competent state agencies. Those who have criminal records or used to be addicted to drugs will not be recruited into civil aviation security forces. Those who are convicted or addicted to drugs shall be expelled from civil aviation security forces.
4. Officers and members of civil aviation security forces shall be granted by the Civil Aviation Administration of Vietnam civil aviation security supervisor cards or civil aviation security officer permits under law in order to perform assigned duties.
5. Plans on organization of civil aviation security forces of airport or airfield operators, air navigation service providers and Vietnamese air carriers shall be submitted to the Civil Aviation Administration of Vietnam for approval.
Article 36. Functions, duties, powers and regime of civil aviation security forces
1. Civil aviation security forces shall work on a full-time basis to assure civil aviation security under law.
2. Civil aviation security forces have the following duties and powers:
a/ Advising, inspecting and supervising civil aviation security;
b/ Implementing civil aviation security assurance measures;
c/ Participating in preventing, detecting, deterring and responding to acts of unlawful interference with civil aviation and other acts of disturbance and violation of law.
3. While on duty, if officers and members of civil aviation security forces are injured or killed, they will be entitled to prescribed regimes and policies and considered for being recognized as war invalids or fallen heroes under law.
Article 37. Specific duties and powers of civil aviation advisors, inspectors and supervisors
1. Specific duties and powers of civil aviation security advisors, inspectors and supervisors of the Civil Aviation Administration of Vietnam and port authorities include:
a/ Giving advice on policies, measures and legal documents on civil aviation security assurance;
b/ Inspecting and supervising compliance of organizations and individuals engaged in civil aviation with regulations on civil aviation security assurance;
c/ Making records of violations and proposing penalties under law;
d/ Carrying out appraisal, survey, examination and assessment of equipment, facilities and vehicles for assuring civil aviation security and civil aviation security officers against applied standards;
e/ Accessing and checking the security of aircraft, airports, airfields, aviation service-providing establishments, works, equipment, documents, vehicles and aviation employees; inspecting and requesting organizations and individuals to produce papers, documents or articles related to the implementation of civil aviation security assurance measures;
f/ Proposing the aviation inspectorate and directors of airport authorities to cancel flights for civil aviation security reasons;
g/ Performing duties of civil aviation security supervisors in order to prevent possible threats to civil aviation security; making records of any incidents occurred; and taking responsibility for their decisions before law;
h/ Receiving training in civil aviation security operations.
2. Specific duties and powers of civil aviation security advisors, inspectors and supervisors of airport or airfield enterprises, air navigation service providers and Vietnamese air carriers include:
a/ Giving advice on the formulation and implementation of their enterprises' regulations, policies, standards, programs, professional processes and the implementation of measures to handle acts of violation related to civil aviation security assurance;
b/ Inspecting and supervising the implementation of their enterprises' regulations on civil aviation security assurance;
c/ Participating in training in civil aviation security operations for related persons of their enterprises;
d/ Performing their enterprises' inspection and supervision work with respect to units providing civil aviation security services under signed contracts;
e/ Receiving professional training in civil aviation security operations.
Article 38. Specific duties and powers of civil aviation security officers of airport and airfield enterprises
1. Civil aviation security officers of airport or airfield enterprises include screening security officers, controlling security officers and mobile security officers.
2. Civil aviation security officers of airport or airfield enterprises shall implement measures to prevent, detect, deter and respond to acts of unlawful interference with civil aviation at airports and airfields, having the following specific duties and powers:
a/ Checking, screening and supervising persons, baggage, cargo, mail, and postal matters and parcels, vehicles and other articles introduced into restricted areas or on board aircraft; controlling access to and operation of persons and vehicles in restricted areas; checking and comparing papers used for travel by air of passengers when carrying out procedures for them;
b/ Supervising civil aviation security of parked aircraft before departure and in restricted areas; organizing patrol, guard, protection and control of security and order in areas used for civil activities. Closely coordinating with armed forces units in patrolling, controlling and maintaining security and order in areas jointly used for military and civil activities at airports and airfields:
c/ Implementing measures to prevent, detect and deter acts that endanger the health and lives of people, occupy offices and facilities, damage aircraft and aviation equipment and facilities, disturb public order, theft on board aircraft and violations of law at airports and airfields and on board an aircraft;
d/ Inspecting and supervising the transportation of weapons, supporting tools, inflammable and explosive materials and other dangerous articles by persons permitted to carry weapons into restricted areas of airports and airfields or on board an aircraft;
e/ Coordinating with functional agencies and units in sweeping and disposing of bombs, mines, biological and chemical weapons and radioactive substances, taking measures to prevent epidemics at airports and airfields and on board an aircraft; collaborating in handling baggage, cargo, mail, and postal matters and parcels and other objects containing dangerous articles; and participating in detecting acts of smuggling and unlawfully transporting people and articles;
f/ While performing duties within the permitted scope of operation, checking personal identity papers. Seizing personal identity papers of persons committing acts that endanger civil aviation security; seizing weapons, explosives, inflammables and other dangerous articles illegally introduced into airports or airfields; resorting to forcible action against those who obstruct or deliberately resist the seizure;
g/ Making records of persons who commit acts that endanger civil aviation security, disturbing public order at airports and airfields and on board aircraft and delivering them to competent state agencies for handling under law; deterring or requesting air carriers not to transport passengers who are unable to control themselves or commit acts or utter words threatening the safety and security of civil aviation;
h/ Requesting directors of airport authorities or aviation inspectors to cancel flights in order to prevent possible threats to the security of civil aviation;
i/ Making records of violations and proposing the handling of violations to competent persons or state agencies, and promptly reporting them to airport authorities;
j/ Assuring civil aviation security at establishments handling cargo, mail and postal matters and parcels and other establishments providing aviation services under law;
k/ Protecting scenes of incidents that threaten the security of civil aviation and unlawfully interfere with civil aviation at airports and airfields:
l/ Receiving training in civil aviation security operations; being furnished with weapons and supporting tools for performing their duties under law.
Article 39. Specific duties and powers of civil aviation security officers of air navigation service providers
1. Civil aviation security officers of air navigation service providers include screening security officers, controlling security officers and mobile security officers.
2. Civil aviation security officers of air navigation service providers have the following specific duties and powers:
a/ Implementing measures to prevent, detect, deter and respond to acts of unlawful interference with civil aviation, acts that threaten the health and lives of people, damage aviation equipment and facilities, disturb public order, theft and other violations of law at their establishments; protecting scenes of incidents that threaten the security of civil aviation and unlawfully interfere with civil aviation at their establishments;
b/ Checking and screening when necessary, and supervising persons, vehicles and articles accessing and operating at their establishments;
c/ Organizing patrol, guard, protection and control of the security and order at their establishments;
d/ Seizing personal identity papers of persons committing acts that threaten the security of civil aviation; seizing weapons, explosives, inflammables and other dangerous articles unlawfully introduced into their establishments; resorting to forcible action against those who obstruct or deliberately resist the seizure;
e/ Making records of persons who commit acts that threaten the security of civil aviation, disturbing public order at their establishments and delivering them to competent state agencies for handling under law;
f/ Making records of violations and proposing the handling of violations to competent persons or state agencies, and promptly reporting them to airport authorities and the Civil Aviation Administration of Vietnam;
g/ Receiving training in civil aviation security operations; being furnished with weapons and supporting tools for performing their duties under law.
Article 40. Specific duties and powers of in-flight security officers and aircraft commanders of Vietnamese air carriers
1. Participating in assuring in-flight security.
2. Participating in settling and handling cases in which aircraft in flight are subject to unlawful interference, including:
a/ The aircraft commander may temporarily seize and make dossiers of persons committing acts of unlawful interference on board an aircraft in flight and deliver them to a competent state agency in the place in which the aircraft lands for handling under law;
b/ Seizing weapons, explosives and flammables and other dangerous articles on board an aircraft in flight;
c/ Seizing personal identity papers of persons committing acts that threaten the security of civil aviation and other violations of law on board an aircraft in flight;
d/ Resorting to forcible action against those who obstruct or deliberately resist them;
e/ In-flight security officers shall be furnished and may use weapons and supporting tools to deter those who commit acts of unlawful interference on board an aircraft in flight; in case of threat to human lives: they may exterminate them in order to protect the lives of passengers on board an aircraft in flight that is subject to unlawful interference.
3. In-flight security officers shall be trained in civil aviation security operations; and be furnished and may use weapons and supporting tools to deter and exterminate those who commit acts of unlawful interference on board an aircraft in flight.
Article 41. Uniforms, badges, insignias, weapons and supporting tools of civil aviation security forces
1. Civil aviation security forces have own uniforms, badges and insignias and shall be furnished necessary weapons, supporting tools and equipment to assure civil aviation security.
2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, stipulating in detail uniforms, badges and insignias and the furbishing of weapons and supporting tools for civil aviation security forces.
Article 42. Civil aviation security officer permits
1. Civil aviation security officer permit is the official certification of a competent agency for a civil aviation security officer to be fully capable of performing his/her assigned duties.
2. A civil aviation security officer directly engaged in civil aviation security assurance duties must possess a permit granted by the Civil Aviation Administration of Vietnam.
Tìm kiếm
Nghị định 81/2010/NĐ-CP (Bản Word)