Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides for the civil aviation security, including: measures to control the preventive security, handle the cases of aviation security and cope with the illegal acts of interference; organizational system of aviation security assurance of the civil aviation sector; works, equipment, facilities, weapons and support tools to ensure the aviation security; control the quality of aviation security; responsibility of organizations and individuals in aviation security assurance.
Article 2. Subjects of application
This Circular applies to:
1. The Vietnamese and foreign organizations and individuals that are operating the civil aviation in Vietnam and civil aviation activities in the flight information region (FIR) under the management of Vietnam.
2. The Vietnamese organizations and individuals that are operating the civil aviation in foreign countries if their laws do not provide otherwise.
3. The Vietnamese organizations and individuals that are using the official-duty aircraft for civil purposes.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Postal items consist of letters, packages, parcels that are received, transported and delivered legally via the postal network.
2. Support tools consist of:
a) Guns used to fire the plastic bullets, rubber bullets, tear gas, suffocating gas, toxic substance, anesthetic substance, magnetic field, laser, flare and types of bullet used for these types of gun;
b) Means used to spray the tear gas, suffocating gas, toxic substance, anesthetic or itching substance;
c) Smoke grenades, tear gas grenades and exploding balls;
d) Electric clubs, rubber clubs, metal clubs, 'figure-8’ handcuffs, spike boards, barbed wires, armors, electric gloves, knife- snatching gloves, shields and anti-bullet helmets;
dd) Army or police animals.
3. Aviation security checkpoint is the aviation security check locations set up at the gates, doors, aisles between public areas and restricted areas.
4. Objects served on aircraft are the items which are used by the passengers and flight crew or sold on aircraft except airline meals; the items used for aircraft operation, maintenance and repair.
5. Derelict objects or luggage is the objects left at the airport or aerodrome without the grounds for identifying their owners.
6. Aviation security supervision is the separate or combined use of people, animals and technical equipment to manage and monitor in order to detect and stop the acts of violation or signs of violation of aviation security.
7. Permit of aviation security controller is the certification of the Civil Aviation Authority of Vietnam for the aviation security controller to be able to carry out the assigned duties.
8. Cargo is the properties transported by aircraft except postal items, luggage or objects served on aircraft and airline meals.
9. Cargo and postal items in transit are the ones transported on two different flights ore more continuously or in the form of two or more different types of transportation of which there is a type of transportation by air.
10. Luggage is the passengers or flight crew’s properties transported by aircraft.
11. Hand luggage is the one which is carried along by the passengers or flight crew members on aircraft and is preserved by the passengers or flight crew during the transportation.
12. Consigned luggage is the passengers or flight crew members’ luggage transported in the cargo compartment of aircraft and are kept by the transporter during the transportation.
13. Derelict luggage is the luggage not taken or received by the passengers or flight crew upon arrival at an airport or aerodrome.
14. Mislaid luggage is the passengers or flight crew’s luggage which is separated from them during the transportation.
15. Passengers, luggage, cargo, postal items in transit or temporary stop at a domestic airport are the ones which are re-sent on the same flight at an airport where the passengers, luggage, cargo, postal items have arrived earlier.
16. Interline transfer passengers and luggage means the passengers and luggage directly participating in two or more different flights in an itinerary.
17. Control of quality of aviation security consists of inspection, check, survey, testing, assessment and investigation of aviation security:
a) Inspection of aviation security is the specialized aviation inspection which is carried out in accordance with regulations of law on specialized inspection;
b) Quality Aviation security check is the check of compliance with some or all provisions in the security Program and Aviation security Regulation of the operator of airport or aerodrome, airline and aviation service provider;
c) Testing of aviation security is the testing of effectiveness of a specific measure of security assurance by publicly or secretly conducting an assumed act of violation of aviation security;
d) Survey of aviation security is the collection of information and data to quantify the security needs and determine the important points which must focus on protection;
dd) Survey of aviation security is the clarification of illegal acts of interference, acts of violation or signs of violation of aviation security;
e) Assessment of aviation security is the appraisal of compliance with some or all standards and regulations on aviation security conducted by the International Civil Aviation Organization, the foreign aviation authority or the airline.
18. Isolated area is the area determined from the aviation security checkpoint for the passengers to the door of aircraft.
19. Luggage storage area is a place to keep the consigned luggage to wait for the transportation on the aircraft or keep the mislaid luggage or luggage without recipient.
20. Aircraft maintenance and repair area is the area in service of maintenance and repair of aircraft, including the aircraft apron, works, workshops and parking area and internal traffic road system.
21. Internal security control is the preventive security measures to eliminate the causes and conditions which the terrorists and criminals can take advantage, establish contact or involve the aviation officers to join hands or directly carry out the acts of terrorism, crime and other acts of violation.
22. Check of aircraft aviation security is the check of inside and outside of aircraft by the list in order to detect the suspicious objects and dangerous items.
23. Visual check means the aviation security controllers use their hands, eyes and other senses to check people, vehicles and objects to recognize and detect the suspicious objects and dangerous items.
24. Résumé check means the examination and verification of identity of aviation security a person to assess the appropriateness with the role of aviation officers; issue of card of airport or aerodrome security control with long-term use value.
25. Air security officer is the person whom the government of the country operating the aircraft or the government of the country registering the aircraft authorizes or arranges duties on aircraft to protect the aircraft and passengers against the illegal acts of interference.
26. Security seal is the confirmation of cargo, objects or vehicles which have passed the Aviation security check or the integrity of sealed objects or vehicles.
27. Aircraft apron is the area determined in the airfield reserved for parking of aircraft to embark and disembark passengers, luggage, postal items, cargo, refueling or maintenance.
28. Airline meal means the food and drink and tools used for meals on aircraft.
29. Case of violation of aviation security is the acts of violation of aviation security but not to the extent considered as the illegal acts of interference.
30. Flying aircraft means the aircraft as stipulated in Paragraph 2, Article 47 of the Law on Vietnam Civil Aviation.
31. Aircraft under operation means the aircraft bearing the Vietnamese or foreign nationality are parking at the apron, parking area to prepare flights with continuous aviation security supervision by the appropriate security measures to detect the unauthorized intrusion or access to aircraft.
32. Aircraft not under operation means the aircraft bearing the Vietnamese or foreign nationality are parking at the apron, parking area over 12 hours or without the continuous aviation security supervision.
33. X-ray is a form of electromagnetic wave, with a wavelength in the range of 0.01 – 10 nm corresponding to the frequency range from 30 PHz to 30 EHz and energy from 120 eV to 120 keV.
34. Security plastic bag is a specialized plastic bag for containing liquid or thick substance or spraying solution bought at the stores in the international isolated areas, on international flights. The bag is transparent with the specifications indicated in the Appendix XXV issued with this Circular, and document put inside at the place easily read without opening the bags with the contents:
a) Date of sale (date/month/year);
b) International code of the selling place (nation, airport, airline);
c) Flight number; name of passenger (if any);
d) Amount and list of cargo in the bag.
35. Isolated parking location is the area in the airport reserved for aircraft to park in case of illegal interference for isolation from other aircrafts and the works of airport or aerodrome including the underground works and equipment to deploy the emergency schemes.
36. Weapons consist of military weapons, shotguns, rudimentary weapons, sports weapons and other weapons of the same features and effects.
a) Military weapons including small class firearms (pistols, rifles, submachine guns, light machine gun and other guns of the same features and effects); light weapons (heavy machine guns, mortars under 100 mm, DKZ guns, man-portable anti-aircraft machine guns under 23 mm, grenade launchers, man-portable anti-tank missiles and man-portable anti-aircraft missiles) and other types of light weapons of the same features and effects; bombs, mines, grenades, ammunition, torpedoes, naval mines and fire tools; weapons not named in the list issued by the Government but having the same features and effects as military weapons.
b) Sports weapons are the guns and the rudimentary weapons used for exercise and sports competition;
c) Shotgun is used for hunting including flint-lock, air-compressed gun and other types of gun of the same features and effects;
d) Rudimentary weapons consist of daggers, swords, spears, bayonets, trident, knife, scimitar, punch, mace, bows, crossbows and clubs.
37. ICAO is the abbreviation of the International Civil Aviation Organization.
Article 4. Security Program and Aviation security Regulation
1. The aviation security program of the airport or aerodrome operator shall be assumed by the enterprise issued with the certificate of airport operation in coordination with the aviation Authority and the relevant bodies and units at the airport to develop and submit it to the Civil Aviation Authority of Vietnam for approval.
2. The aviation security Program of the airline and the Aviation security Regulation of the facilities providing the air traffic services, the facilities manufacturing, maintaining, repairing aircrafts and aircraft equipment; the facilities providing the aviation services at the airport or aerodrome and the facilities processing cargo and postal items to carry on the aircraft which are developed by the airline, aircraft operator or managing enterprise of facilities and submitted to the Civil Aviation Authority of Vietnam for approval.
3. The contents of security Program and the Aviation security Regulation of the airport or aerodrome operators; the aviation service providers and the Vietnamese airlines must be developed according to the outline specified in the Appendices I, II, III and IV issued with this Circular.
Article 5. Procedures for approving the aviation security Program of the airport or aerodrome operators
1. The airport or aerodrome operators shall send 03 dossiers in Vietnamese language directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:
a) The written request prepared under the form specified in Appendix V issued with this Circular;
b) The aviation security Program of airport or aerodrome.
2. In case of receiving the complete dossier as specified in Paragraph 1 of this Article, within 10 working days from the date of dossier receipt, the Civil Aviation Authority of Vietnam shall verify it, carry out the actual inspection and issue the approval decision if the aviation security Program of airport or aerodrome meets all the provisions of this Circular or require in writing the airport operator to add or amend aviation security Program of airport if it fails to comply with the provisions in this Circular.
3. Where the dossier is not complete as stipulated in Paragraph 1 of this Article, within 03 working days, the Civil Aviation Authority of Vietnam shall require in writing the airport or aerodrome operator to add or amend it.
Article 6. Procedures for approving the aviation security Program of Vietnamese airlines
1. The airlines shall send 03 dossiers in Vietnamese language directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:
a) The written request prepared under the form specified in Appendix V issued with this Circular;
b) The aviation security Program of the airlines.
2. The time and procedures for appraisal and approval for the Aviation security Program of the Vietnamese airlines are like the provisions specified in Paragraph 2 and 3, Article 5 of this Circular.
Article 7. Procedures for approving the aviation security Program of the foreign airlines
1. The airlines shall send 03 dossiers in English language directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:
a) The written request prepared under the form specified in Appendix V issued with this Circular;
b) The aviation security Program of the airlines.
c) The assessment of difference of contents of the aviation security Program of the airline from the regulations of law of Vietnam and measures to overcome these differences.
2. The time and procedures for appraisal and approval for the Aviation security Program of the airlines are like the provisions specified in Paragraph 2 and 3, Article 5 of this Circular.
Article 8. Procedures for approving the Aviation security Regulation of the aviation service provider
1. The air traffic service provider; enterprises manufacturing, maintaining and repairing aircrafts and aircraft equipment; aviation service providers at the airport or aerodrome; enterprise processing the cargo and postal items to carry on the aircrafts shall send 03 dossiers in Vietnamese directly or by post or in other appropriate forms to the Civil Aviation Authority of Vietnam. The dossier consists of:
a) The written request prepared under the form specified in Appendix V issued with this Circular;
b) The Aviation security Regulation of the enterprises.
2. The time and procedures for appraisal and approval for the Aviation security Regulation of the enterprises are like the provisions specified in Paragraph 2 and 3, Article 5 of this Circular.
Article 9. Amendment or addition of aviation security Program and Regulation
1. The aviation security Program and the Aviation security Regulation shall be amended or added when they no longer consist with the current regulations or fail to meet the requirements during implementation as required by the enterprise or by written proposal from the Civil Aviation Authority of Vietnam.
2. The procedures for approving the amendment or addition of the aviation security Program and the Aviation security Regulation shall comply with the provisions in Articles 5, 6, 7 and 8 of this Circular.
Article 10. Control of aviation security documents
1. The determination of confidentiality of aviation security documents shall comply with the laws on protection of state secrets.
2. The aviation security documents are the restricted documents, including:
a) The aviation security Programs and the Aviation security Regulations which have been approved by the Civil Aviation Authority of Vietnam;
b) The recommendations, notices, conclusions of inspection, check, testing, investigation, survey, assessment of risks of aviation security and dossiers on violation of aviation security;
c) The regulations on coordination and coordination documents on aviation security between the bodies and units of aviation sector with the relevant bodies and units;
d) The aviation security documents of ICAO or provided by foreign countries are determined as restricted documents by the ICAO and foreign countries;
dd) Other aviation security documents which the Director of Civil Aviation Authority of Vietnam determines as the restricted documents.
3. The bodies and units are responsible for directing the management and use of restricted aviation security documents for the right purposes.
4. The restricted aviation security documents are only provided for the place of receipt specified in the documents. The provision of documents to the focal points other than the list of places of document receipt must be approved in writing by the Head of unit issuing the documents with signature upon receipt. For the aviation security documents specified under Point a, Paragraph 2 of this Article, there must be the words “restricted documents” on all pages of documents.
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Thông tư 01/2016/TT-BGTVT (Bản Word)
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