Chapter III
HANDLING CASES OF AVIATION SECURITY VIOLATION AND DEALING WITH ILLEGAL ACTS OF INTERFERENCE
Section 1. HANDLING CASES OF AVIATION SECURITY VIOLATION
Article 84. Principles of handling the violations
1. All cases of aviation security violation must be handled promptly and in a timely manner and must not allow the violation to spread and limit to the lowest extent of consequence.
The handling is based on the nature and seriousness, consequence due to acts of violation and compliance with the current regulations of law. The boarding of the aviation security control forces to suppress, coerce and escort the violating subjects is carried out as required by the aircraft commander or the aviation Authority except the case of dealing with the illegal acts of interference into the civil aviation activities.
2. The aviation security control forces shall arrange the place to handle and deal with the case of violation to ensure the handling of violation quickly, safely, conveniently and limit to the minimum extent of congestion which affects the normal activities of the airports, aerodromes and flights.
3. The aviation Authority shall coordinate with the relevant bodies and units operating at the airport or aerodrome to agree upon the specific issues in coordinated handling of violation of aviation security and public order at the airports or aerodromes and deal with the problems arising during the process of coordination in accordance with regulations of law. The aviation service providers shall coordinate with the police and local authorities in handling of violations of aviation security which occur in the areas outside the airport or aerodrome under the management of enterprise.
4. The aviation Authorities, the units and enterprises having the aviation security control forces and the aviation service providers having the security guard forces must be on duty 24/7 and provide the telephone number to receive the information and handle the violation of aviation security and public order at the airport or aerodrome.
5. The dossier, procedures, records and decision on violation handling must be made and kept according to regulations of law.
Article 85. Responsibilities and procedures for handling the violation of aviation security
1. The aviation security control forces and security guards of the enterprises at the airport or aerodrome are responsible for initial handling of violation of aviation security and public order which occur at the airport or aerodrome under their management. The handling procedures are as follows:
a) Stop the acts of violation and temporarily seize the violating subjects;
b) Check, search and seize the exhibits and evidences;
c) Take the violating persons and exhibits to the designated place to deal with or handle the violation;
d) Inform the cases immediately to the Civil Aviation Authority of Vietnam and police authorities (if the cases have the criminal signs) and the relevant bodies and units at the airport or aerodrome;
dd) Protect the crime signs if deemed necessary;
e) Prepare the initial dossier ( Record of violation, Record of handover prepared under the form specified in Appendix XXIV of this Circular) and hand over the dossier, evidences, exhibits to the competent state authorities as required by the Civil Aviation Authority of Vietnam.
2. The relevant bodies, units and individuals must coordinate closely with the aviation security control forces during the process of handling of violations of aviation security.
3. The aircraft commander is responsible for handling the violations of aviation security on the flying aircraft. The air security officer shall act secretly and are not involved in handling the violation of aviation security.
4. The aviation security control forces of the air traffic service providers, enterprises repairing and maintaining aircraft, airlines and the security guard forces of the other aviation service providers are responsible for initial handling of violations of aviation security which occur at the facilities outside the airport or aerodrome under their management; the handling procedures are stipulated under Points a, b, c and dd, Paragraph 1 of this Article; prepare the initial dossier (Record of violation, Record of handover prepared under the form specified in Appendix XXIV of this Circular) and hand over the dossier, evidences, exhibits and violating persons to the local authorities and coordinate to further handle the violations of aviation security.
5. The aviation Authority shall send staff to the location where the violation is being handled right after being informed as stipulated under Point Article, Paragraph 1 of this Article to monitor the initial handling, assess the nature, seriousness, authority to handle the case and decide on the subsequent handling as follows:
a) Where the case of violation is deemed not to the extent of administrative sanction, receive the case and require in writing the body of the violating person to discipline the violating person and inform the result to the aviation Authority.
b) Where the violation is under the authority of administrative sanction of the aviation Authority, the aviation Inspector, the Civil Aviation Authority of Vietnam and the inspector of the Ministry of Transport, the aviation Authority shall take over the case and carry out the necessary activities according to regulations of law for administrative sanction under their authority or transfer the case to the competent person or body;
c) Where the violation is under the authority of administrative sanction of the police authorities, the violation with criminal signs, the aviation security control forces and security guards are required to hand over the police authorities for handling and investigation. The aviation Authority shall follow up and coordinate with the police authorities during the handling to ensure the effectiveness.
d) Where the violation is under the authority of administrative sanction of the customs authorities or other competent state bodies, the aviation security control forces and security guards are required to hand over the case to the competent authorities for handling; The aviation Authority shall follow up and coordinate with the body handling the case to ensure the effectiveness.
dd) Where the administrative violation is under the sanctioning authority of some bodies, the Director of aviation Authority shall coordinate with the competent authorities to make decision according to regulations of law.
6. When handing over the case to the aviation Authority, police, customs authorities or other competent state authorities, the aviation security control forces shall make a record of handover under the form specified in Appendix XXIV of this Circular and coordinate to the take measures to escort, seize the violating person, vehicle or exhibits as required.
7. The aviation Authorities, airport enterprises, airlines, air traffic service providers, enterprises maintaining and repairing aircrafts and aircraft equipment must equip the aviation security control forces and other aviation service providers must equip their security guard forces with the video recorder, voice recorder, camera, binoculars and other support devices to promptly stop the acts of violation and record the entire development of the violation correctly, completely in service of quick handling, right subjects, nature, seriousness and in accordance with the current regulations of law.
8. The aviation Authority, aviation security control forces of airports, aerodromes, airlines, air traffic service providers, enterprises maintaining and repairing aircrafts and other enterprises operating at the airport or aerodrome must equip the telephone with functions of display and saving of incoming and outcoming call number and voice recording with the minimum time of 03 hours for the telephone number on duty, emergency duty, hotline and provision of information to passenger. The units must use the rapid notification service of incoming and outcoming telephone numbers called to their units to promptly look up and record the threatening information via phone; set up the mailbox to receive information on cases of violation and illegal acts of interference.
Article 86. Explain, comment and draw on experience for violation
1. It is required to draw on experience, explain and comment from the case of violation to remedy the loopholes and shortcomings:
a) Based on the nature and seriousness of each case of violation at the airport or aerodrome, the aviation Authority shall assign the appropriate unit or body to hold meeting to draw on experience, explain and comment at the grassroots level or the aviation Authority shall hold meeting to draw on experience, explain and comment at the level of aviation Authority or request the Civil Aviation Authority of Vietnam to hold meeting to draw on experience, explain and comment;
b) The managing units outside the airport shall hold meeting to draw on experience, explain and comment on case of violation which has occurred at their units.
c) The Civil Aviation Authority of Vietnam shall hold meeting to draw on experience, explain and comment at level of Department for the complex and serious cases or as required by the Ministry of Transport or the Security Committee of the National Civil Aviation.
2. The time to hold meeting to draw on experience, explain and comment must be conducted as soon as possible, within 05 working days for the grassroots level, 07 working days for the level of aviation Authority and 10 working days for the level of Department from the date of occurrence of violation.
3. The minimum contents of drawing on experience, explanation and comment must consist of:
a) Measures and procedures for handling of the relevant units and individuals during the handling of violation: right, wrong and cause;
b) Coordinated handling of violation of the relevant units and individuals: right, wrong and cause;
c) The shortcomings of regulations of law, aviation security Program and Regulation, regulations and the relevant documents that should be added or amended;
d) The loopholes and shortcomings of each relevant unit and individual, causes and remedial measures.
SECTION 2. DEALING WITH ILLEGAL ACTS OF INTERFERENCE
Article 87. General provisions
1. Dealing with illegal acts of interference in the civil aviation activities must comply with the regulations of law and follow the emergency schemes to deal with the illegal acts of interference in the civil aviation activities issued by the competent level.
2. When receiving information on an illegal act of interference in the civil aviation activities, the relevant operators of airport or aerodrome, airlines and the air traffic service providers must analyze and assess on a preliminary basis to consider and carry out the appropriate emergency scheme; report immediately the information and result of assessment and recommend the measures of handling by appropriate ways to the Civil Aviation Authority of Vietnam; mobilize their forces and means to carry out the initial handling as prescribed; in case of necessity, the Civil Aviation Authority of Vietnam shall directly steer the aviation forces to carry out the initial schemes.
3. Any measure to deal with the illegal acts of interference into the civil aviation must ensure the safety with priority for the aircraft and human life. For the flying aircraft which is illegally interfered, the relevant air traffic service provider shall prioritize the maximum assistance to ensure the safety for the aircraft in the airspace of Vietnam and the flight information region under management of Vietnam.
4. After the completion of dealing with the illegal acts at the airport or aerodrome, the bodies or units in charge must quickly take the necessary measures to put the airport or aerodrome back to normal operation and arrange for passengers to continue their journey as soon as possible.
Article 88. Emergency plan
1. The emergency plan for initial handling to the illegal acts of interference of the airport or aerodrome shall be made by the operators of airport or aerodrome and submitted to the Civil Aviation Authority of Vietnam for approval must be consistent with the overall emergency Scheme for dealing with the illegal acts of interference issued by the Prime Minister and the emergency Scheme of the aviation emergency command Committee at level of province, city and island district.
2. The managing enterprise of the flight assurance service provider shall make the emergency plan for the provider; the managing enterprise of the air traffic service provider must make the aviation response Plan and submit it to the Civil Aviation Authority of Vietnam for approval and implementation. The emergency Plan and the air traffic response Plan must be consistent with the overall emergency Scheme for dealing with the illegal acts of interference issued by the Prime Minister and the emergency Scheme of the aviation emergency command Committee at level of province, city and island district.
3. The emergency Plan and the air traffic response Plan for dealing with the illegal acts of interference are managed in accordance with privacy mode.
4. The standing office of the Security Committee of the National Civil Aviation shall coordinate with the Civil Aviation Authority of Vietnam to guide the development and implementation of emergency Plans and air traffic response Plans.
Article 89. Information management and press conference
The provision of information, statements and press conference pertaining to the illegal acts of interference and the handling shall comply with the provisions in the overall emergency Scheme for dealing with the illegal acts of interference into the civil aviation activities issued by the Prime Minister.
Article 90. Reporting regulation on dealing with illegal acts of interference
1. The operators of airport or aerodrome, airlines, air traffic service provider, managing unit of the restricted areas outside the airport or aerodrome must make the initial written report to the Civil Aviation Authority of Vietnam within 24 hour from the time of occurrence of illegal acts of interference; make reports twice a day during the time of dealing with the illegal acts of interference; make preliminary report within 24 hour from the time of completion of handling.
2. The Civil Aviation Authority of Vietnam shall report in writing to the Ministry of Transport within 24 hour from the time of receiving the report of the unit on dealing with the illegal acts of interference.
Article 91. Inform the relevant country and report to ICAO
1. The Civil Aviation Authority of Vietnam shall send the notice of information on the illegal acts of interference to the aircraft which has landed in the territory of Vietnam for the aviation authorities of the relevant country as soon as possible.
The information consists of: type of aircraft, flight number, itinerary, number of passengers and crew on the flight and requests to the relevant countries for assistance. The notice is sent to following addresses by fax:
a) The aircraft registration country;
b) The country of the aircraft operator;
c) The country whose citizens were dead, injured or seized due to the illegal acts of interference;
d) The country which has citizens as the passengers on the aircraft undergoing the illegal acts of interference
dd) ICAO.
2. The Civil Aviation Authority of Vietnam shall report to ICAO on the illegal acts of interference as follows:
a) Make preliminary report under the form specified in Appendix XXII issued with this Circular within 30 days after the case;
b) Make official report under the form specified in Appendix XXIII issued with this Circular within 60 days after the case;
Article 92. Exercise to deal with the illegal acts of interference
1. The Civil Aviation Authority of Vietnam shall coordinate with the relevant bodies and units within and outside the aviation sector to organize the exercises to deal with the illegal acts of interference at sectoral level at least every 03 years at 01 airport or 01 air traffic service provider.
2. The Civil Aviation Authority of Vietnam shall direct the operators of airport or aerodrome, Vietnamese airlines, managing enterprises of the flight assurance operation service providers, managing enterprises of the air traffic service providers to coordinate with the relevant bodies and units to organize the exercise at grassroots level at each airport and each air traffic service provider at least once for every 02 years.
3. The foreign bodies and organizations can be invited to participate in the exercise to deal with the illegal acts of interference into the civil aviation activities.
4. The Civil Aviation Authority of Vietnam shall make report to the Ministry of Transport on the organization of exercise at sectoral level.
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