Chương VII Nghị định 92/2015/NĐ-CP: Trách nhiệm của tổ chức, cá nhân liên quan trong công tác bảo đảm an ninh hàng không

Chapter VII

RESPONSIBILITY OF RELEVANT ORGANIZATIONS AND INDIVIDUALS IN AVIATION SECURITY ASSURANCE

Article 35. National Civil Aviation Security Committee

1. The National Civil Aviation Security Committee is an inter-disciplinary coordination organization whose functions are to help the Prime Minister to direct and coordinate to settle the inter-disciplinary important issues on aviation security assurance.

2. The National Civil Aviation Security Committee shall help the Prime Minister to direct and coordinate the activities between the Ministries, ministerial bodies, governmental bodies, People’s Committee of provinces and centrally-run cities in aviation security assurance; periodically assess the risks of threat to aviation security; direct the completion and upgrading of aviation security assurance system; direct the implementation of master emergency Scheme to deal with the illegal acts of interference in the civil aviation activities; direct and settle the problems arising between the Ministries, sectors and localities and the relevant bodies and organizations in the aviation security assurance.

3. The National Civil Aviation Security Committee shall issue the card to the Committee’s members of and permit to the Committee’s vehicles for use when performing their duties. The vehicles used to perform duties are prioritized and exempted from fees and prices when participating in road traffic and operating in airports or aerodromes.

Article 36. Ministry of Transport

1. Performs the state management of security assurance for the civil aviation activities; issues under its authority or submits for issuance and implements the policies, legal normative document and technical regulations and standards in the field of aviation security assurance.

2. Coordinates with the relevant Ministries and sectors to effectively follow the provisions of international agreements on aviation security in which the Socialist Republic of Vietnam is a member.

3. Directs the bodies and units in the aviation industry to carry out the activities to ensure the aviation security, particularly:

a) Taking measures of aviation security assurance; organizing and operating the system of supervision, management and control of aviation security; approving the aviation security Program and Regulation; organizing the aviation security control forces;

b) Establishing the system of reporting, information collection, analysis and assessment of incidents and risks of threat to the aviation security; deciding to take measures and procedures for prevention of aviation security in line with the threatening risks.

c) Developing, training, exercising and carrying out the airport emergency scheme to deal with the illegal acts of interference in the civil aviation activities;

d) Reporting, handling, remedying, investigating and verifying the cases of violation and threat to the aviation security and incidents of aviation security; issuing the necessary recommendations and directives to prevent and stop the incidents of aviation security;

dd) Taking the emergency measures of aviation security assurance to serve the security, national defense and national emergency.

4. Inspecting, examining and sanctioning the administrative violations in aviation security assurance.

5. Coordinating with the Ministry of Public Security, Ministry of Defense and the relevant Ministries, sectors and localities in security protection, national defense, prevention and control of terrorism and maintenance of social order and security in accordance with regulations of law.

Article 37. Ministry of Public Security

1. Takes the measures to protect the national security, prevent and control the terrorism pertaining to the civil aviation; periodically and irregularly exchanging, providing and assessing the information on the reality of political security, social order and safety, conspiracy, mode and tricks of operation of terrorists, the reactionary organizations and types of crime and conspiracy to illegally interfere in the civil aviation activities for the Ministry of Transport.

2. Directs the relevant bodies and units to coordinate with the Civil Aviation Authority of Vietnam and the aviation security control forces in taking the measures of aviation security assurance; assess the risks, seriousness and threats to the aviation security; manages and supervises the passengers denied entry; protect the internal security and specialized aviation information system.

3. Develops the protection schemes, prevents and controls the crimes, maintains the public order and social order at the airports or aerodromes and the facilities of the aviation industry; receives and handles the crimes of violation of security, order and traffic safety according to regulations of law.

4. Develops and follows the emergency Schemes to deal with the illegal acts of interference in the civil aviation activities within its duties; sets up the air security forces; provides the training and re-training and instructions on professional aspects of national security protection for the aviation security control forces; provides the techniques of fire prevention and fighting for the fire prevention and fighting forces of the civil aviation industry.

Article 38. Ministry of Defense

1. Manages and protects the national airspace; prevent and control the use of shoulder-launched missile aiming at the civil aircraft; periodically or regularly exchanges, provides and assesses the information on political security and social order and safety; conspiracy, mode and tricks of operation of terrorists, reactionary organizations and types of crime, conspiracy of illegal interference in the civil aviation activities for the Ministry of Transport.

2. Develops the scheme for protection, prevention and control of crime, maintenance of public order and social safety at the jointly-used aerodromes.

3 .Develops and follows the emergency Schemes to deal with the illegal acts of interference in the civil aviation activities within its duties; provides the training and re-training and instructions on professional aspects of national security protection for the aviation security control forces;

4. Directs the relevant military bodies and units to coordinate with the Civil Aviation Authority of Vietnam and the aviation security control forces in taking the measures of aviation security assurance; assess the risks, seriousness and threats to the aviation security;

Article 39. Ministry of Finance

Directs the customs units at the international airports to coordinate with the aviation security control forces during the check and control of luggage, cargo and postal items to detect and prevent dangerous items illegally carried on aircraft and other illegal acts of law violation.

Article 40. Ministry of Home Affairs

Coordinates with the Ministry of Transport to stipulate the appropriate salary mechanism to the subjects as the officials and officers who work full-time and part-time and receive salary from the state budget in the field of aviation security assurance.

Article 41. People’s Committee at all levels which has the airport, aerodrome, works or equipment in service of civil aviation activities

1. Prevent and control the crime, maintain the public order and social safety in the areas; receive and handle the crime and violations of security, order and traffic safety in accordance with regulations of law.

2. Coordinate with the relevant bodies and units in preventing the act of using the shoulder-launched missile to attack the civil aircraft; implement the emergency Scheme to deal with the illegal acts of interference in the civil aviation activities within their responsibility.

3. Propagate and mobilize people to comply with the regulations on aviation security and safety assurance.