Chapter VII
RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS IN AVIATION SECURITY ASSURANCE
Article 110. Responsibility of the Civil Aviation Authority of Vietnam
1. Performs the duties and powers of the aviation Authorities for the aviation security assurance according to regulations of law; gives advices to the Minister of Transport to perform the state management to ensure the security assurance for the civil aviation; submit the policies and legal normative documents to the Minister or the levels of authority for issue; Vietnamese aviation security Program, Vietnamese aviation security training Program, Program for quality control of Vietnamese aviation security; technical standards and regulations in the field of aviation security assurance.
2. Approves and supervises the implementation of aviation security Program and Regulation of the operators of airport or aerodrome, airlines, air traffic service providers, facilities manufacturing, maintaining, repairing aircrafts and aircraft equipment, aviation service providers at the airport or aerodrome, facilities processing cargo and postal items to carry them on board the aircraft.
3. Issues, recognizes and monitors the implementation of:
a) The basic standards, procedures, directives, guidelines, professional documents and recommendations for aviation security;
b) The directions and emergency measures including the temporary stop of flight activities at the aerodrome, suspension of flights and activities of the means, equipment, aviation officers, operators of aircraft operator, air traffic service providers, facilities manufacturing, maintaining, repairing aircrafts and aircraft equipment, aviation service provider at the airport or aerodrome and facilities processing cargo and postal items to carry them on board the aircraft to ensure the aviation security;
c) The form of card and permit of aviation security control; card of aviation security supervisors; permit and professional certificate for the aviation security staff and aviation security controllers;
d) The list of dangerous items banned or restricted to carry along or put in the luggage on board the aircraft must comply with the technical instructions and requirements of ICAO.
4. Issues and monitors the issue of cards or permits of aviation security control;
5. Requires the bodies and units to change the form, contents of card or permit of aviation security control when the assessment indicates the risks of aviation security.
6. Participates in appraisal and assessment on the application of standards and requirements for aviation security in constructional design and renovation of airports or aerodromes.
7. Organizes the investigation, verification and directs the handling of violations and threats of aviation security; monitors the implementation of emergency measures including the suspension of flights and activities of means, equipment and aviation officers to ensure the aviation security.
8. Directs the units in the civil aviation sector to take measures to initially deal with the illegal acts of interference in the civil aviation activities, take emergency measures in service of security, national defense, national emergency; re-assess the security measures and procedures upon occurrence of illegal acts of interference and set forth the remedial measures to prevent the recurrence of the similar acts.
9. Directs the units in the civil aviation sector on the aviation security assurance, including:
a) Taking the measures of prevention and dealing with the illegal acts of interference in the civil aviation activities; emergency measures in service of security, national defense and national emergency;
b) Carrying out the emergency exercise of aviation security and quality control of aviation security;
c) The organizational system of specialized force ensures the aviation security in the civil aviation sector to meet the standards of ICAO.
d) Controlling the internal security, information security; handling, drawing on experience, explaining and commenting the cases of violation of aviation security.
10. Directs the aviation Authorities to perform the functions of inspection and supervision of compliance with the civil aviation security at the airports or aerodromes.
11. Carries out the examination, testing, issue, suspension and revocation of permit and professional capacity certificate to the aviation security controller; issues or revokes the card or permit of security control of airport or aerodrome as stipulated in this Circular; appoints, suspends, issues and revokes the card of aviation security control.
12. Carries out the inspection, examination, testing, investigation and survey of compliance with the regulations of law on aviation security of the bodies, organizations and individuals involved in the civil aviation activities; issues the necessary recommendations and directives to prevent and stop the aviation security incidents; sanctions the administrative violation for the violations of aviation security; inspects and supervises the handling, remedy, explanation and comment about the violations of aviation security.
13. Sets up the system of report, information collection, analysis and assessment of risks of threat to the aviation security; decides on application of measures, procedures for prevention of aviation security in line with the risks of threat.
14. Assesses and decides not to permit the implementation of civil flights in the following cases:
a) The failure to ensure the requirements of law on aviation security assurance at airports and aerodromes of Vietnam;
b) The flights of airlines fail to comply with the regulations on aviation security assurance;
c) The flights departing from the foreign airports or aerodromes fail to ensure the compliance with the standards of ICAO on aviation security.
15. Is the focal point of international relationship and cooperation on aviation security of Vietnam with ICAO, the relevant international organizations and the countries and shall:
a) Coordinate with the relevant bodies and units of Vietnam in the international cooperation activities on aviation security;
b) Receive, provide and exchange information, documents and experiences in aviation security with ICAO and foreign nations, organizations and airlines;
c) Decide to take measures of aviation security as required by the foreign nations and airlines, including the survey and assessment of aviation security;
d) Inform ICAO of difference between the law of Vietnam on aviation security with the standards of ICAO.
16. Controls the application of regulations of law on the price of aviation security assurance services to ensure the application of service prices in line with the regulations and reality.
17. Agrees to exempt the aviation security check for the passengers, luggage and cargo and take responsibility in the cases required by the competent authorities of the Office of the Central Committee of the Communist Party, Office of the President, Office of the National Assembly, Office of the Government, the Commission for Foreign Relations of the Party Central Committee, Ministry of Foreign Affairs, Ministry of Public Security and the Ministry of Defense.
Article 111. Coordination responsibility of the Civil Aviation Authority of Vietnam
1. Coordinates with the bodies and units of the Ministry of Public Security and the Ministry of Defense to:
a) Provide the professional training, direction and instructions for the aviation security control forces;
b) Receive, exchange and process information on the reality of security, politics, social order and safety; conspiracy, method and tricks of terrorists, types of crime and illegal interference conspiracy; assessment of risks and threats to the civil aviation activities;
c) Ensure the security for commercial flights with the subjects of special aircraft in accordance with the regulations on special aircraft flights;
d) Coordinate with the relevant competent bodies of the Ministry of Public Security and the Ministry of Defense to comply with the regulations of law on national security, defense, people’s police, terrorism prevention and control and other relevant laws pertaining to the aviation security;
dd) Sign and implement the Regulation on coordination with the relevant competent authorities of the Ministry of Public Security and the Ministry of Defense in aviation security assurance;
e) Coordinate with the competent security bodies of the Ministry of Public Security to control the identity of the aviation officers in order to detect the acts of law violation and threat to aviation security and safety.
2. Coordinate with the bodies and units of the Ministry of Foreign Affairs to:
a) Deal with the relevant issues where the aircraft bearing the Vietnamese nationality is illegally interfered in foreign country and the aircraft bearing the foreign nationality is illegally interfered in Vietnam;
b) Exchange and process information with foreign elements pertaining to the illegal interference in the civil aviation activities.
3. Coordinate with the aviation emergency command Committee at level of province, city and island district to organize the exercises to deal with the illegal acts of interference at prescribed sectoral level and national level.
4. Coordinate with the General Department of Customs in aviation security assurance and prevent and control of smuggling and illegal transportation on the international flights; directs the arrangement of general scanning equipment between the aviation security control force and customs.
Article 112. Responsibility of aviation Authority
1. Inspects and supervises the compliance with regulations of law on aviation security assurance; the aviation security Program and Regulation; application of measures of aviation security assurance and provision of aviation security assurance services at the airports and aerodromes; handling of violation of aviation security, public order at the airports and aerodromes. Deals with the illegal acts of interference at the airports and aerodromes according to regulations.
2. Decides on suspension of flights and requires the aircraft to land where the flight violates the regulations on aviation security, detects the flight has signs of threat to the aviation security and safety; allows the suspended aircrafts to continue their flights; temporarily seizes aircraft in case of failure to remedy the violations on aviation security; suspends the duty performance and collects the card of aviation security control and the aviation work permit of those who violate the regulations of law on aviation security assurance.
3. Imposes sanction for administrative violations which occur at the airports or aerodromes under its authority in the field of aviation security; transfers the cases of violation beyond its authority to the relevant competent authorities.
4. Issues and manages the card and permit of security control of airports or aerodromes under the management of the aviation Authority.
5. Coordinates with the state management bodies operating at the airports or aerodromes to deal with the arising difficulties and problems, ensure the security, order and normal activities of the airports or aerodromes; assesses the issues of aviation security assurance at the airports or aerodromes in the regular or irregular meetings between the state management bodies and the organizations operating at the airports or aerodromes. The Director of aviation Authority shall decide and take responsibility for the arising issues on aviation security assurance which the relevant state management bodies at the airports or aerodromes fail to agree with each other the way to handle and make report to the Civil Aviation Authority of Vietnam.
6. Coordinates with the relevant bodies and units to exchange and grasp the reality of security, order, crime and other violations pertaining to the airports or aerodromes.
7. Receives, transmits, use and process the API information and data (advance passenger information) according to regulations; sends notice to the airlines and private flight operators of the provision of API data as prescribed by law.
Article 113. Responsibility of the operators of airports or aerodromes
1. Organize the system of aviation security assurance as stipulated in this Circular; ensure the human resources, infrastructure system, facilities and funding for the implementation of aviation security Program of airports; provide the aviation security assurance services at the airports or aerodromes.
2. Coordinate with the aviation Authorities and relevant units and bodies at the airports to develop the aviation security Program of the operators of airports or aerodromes and implement it after it is approved; provide the approved security Program of the operators of airports or aerodromes to the relevant aviation Authorities; provide the appropriate parts of the Program for the relevant airports, bodies and enterprises operating at the airports or aerodromes as required; are subject to the security inspection, examination, testing and investigation of the Civil Aviation Authority of Vietnam and the aviation Authorities according to regulations.
3. Build the infrastructure, arrange the means and equipment of aviation security and other necessary conditions for the aviation security assurance; protect the airports or aerodromes and maintain the public order at the airports or aerodromes.
4. Coordinate with the aviation Authorities to determine the boundary of the restricted areas at the airports or aerodromes; issue and manage the card and permit of internal security control according to regulations;
5. Coordinate with the competent authorities to the collect information, reality and assess the risks at the airports or aerodromes; give advice to the Civil Aviation Authority of Vietnam, the aviation emergency command Committee at level of province, city and island district on strengthening the appropriate measures of aviation security control.
6. Build the emergency Center of airports or aerodromes, head office to command and operate the dealing with the illegal acts of interference at the airports or aerodromes; develop the emergency scheme for initially dealing with the illegal acts of interference; hand over the chief command right to the representative of police or army authorities depending on each case as stipulated by law when this representative is ready for receiving and accepting the command of the chief commander after handover; organize the exercises to deal with the illegal acts of interference at grassroots level and participate in the exercise at sectoral level and national level according to regulations.
7. Ensure the requirements and standards of aviation security are applied upon design, building or renovation of works of the airports or aerodromes.
8. Develop and maintain the specific standards and procedures for the aviation security check and monitoring to fully comply with the provisions of the approved security Program of the operators of airports or aerodromes; organize the internal check and monitoring in the compliance with the aviation security standards and procedures to promptly remedy the loopholes and shortcomings in the aviation security assurance.
9. Sign the Regulations on coordinated aviation security assurance, security, order and social safety with the local authorities, police and army authorities in the areas of airports or aerodromes and the relevant bodies and units.
10. Provide the professional training, retraining and provision of knowledge about aviation security for the relevant staff according to regulations of law.
11. Coordinate with the relevant aviation Authorities, police and army authorities and local authorities in dealing and handling the cases of violation of aviation security and public order at the airports or aerodromes.
12. Issue and manage the card or permit of aviation security of airports or aerodromes according to regulations.
13. Develop the regulations on internal security control which shall be implemented in all procedures for recruitment, training, management, monitoring, violation handling, assessment, commenting, appointment, transfer of the units; request the issue of permit, professional capacity certificate and make periodical assessment towards the aviation officers.
14. Develop the regulations on protection of information and aviation information technology system used in the civil aviation activities in order to fight against the unauthorized access and interference causing the unsafety to the civil aviation activities and theft of information which must be kept confidential.
15. Propagate, disseminate and educate their staff to have the consciousness of compliance with and abidance by the regulations on aviation security; propagate the regulations on aviation security on the mass media except the restricted aviation documents
16. Are subject to the professional directions and guidance on aviation security of the Civil Aviation Authority of Vietnam.
Article 114. Responsibility of the aviation service providers
1. Develop the aviation security Regulation including the emergency scheme to deal with the illegal acts of interference and implement it after it is approved; provide the approved aviation security Regulation to the relevant aviation Authorities and the operators of airports or aerodromes; be subject to the inspection, examination, assessment, testing and survey of aviation security of the competent authorities according to the provisions in this Circular.
2. Organize the system of aviation security assurance according to the provisions in this Circular: the air traffic service providers shall organize the aviation security control forces in their restricted areas; enterprises maintaining and repairing aircrafts shall organize the aviation security control forces to carry out the activities of aviation security in the facilities maintaining and repairing aircrafts.
3. Exercise the powers and responsibilities for initially dealing with the illegal interference in the civil aviation activities at the service providers outside the airport according to the regulations of law.
4. Coordinate with the relevant aviation Authorities, aviation security control forces, police, army authorities, local government in dealing with the cases and acts of violation of aviation security in the restricted areas of the enterprises.
5. Collect information, reality, assess and determine the seriousness of the potential threats to the aviation security assurance at the facilities to give advice to the Civil Aviation Authority of Vietnam and the aviation emergency command Committee at level of province, city and island district on strengthening the appropriate measures of aviation security.
6. Be subject to the inspection, examination, supervision, testing, survey and investigation of aviation security of the Civil Aviation Authority of Vietnam and the aviation Authorities according to the provisions of law and this Circular.
7. Within the internal scope under their management, they are responsible for
a) Determining the restricted areas of the enterprises outside the airports or aerodromes; issuing and managing the cards and permits of internal security control according to regulations;
b) Controlling the internal security for the aviation officers; organizing the internal security check and monitoring system;
c) Protecting the information and civil aviation information technology system under their management in order to fight against the unauthorized access and interference causing the unsafety to the civil aviation activities and theft of information which must be kept confidential according to regulations of law;
d) Controlling the prescribed quality of internal security;
dd) Providing the professional training and re-training and provision of knowledge about aviation security for the relevant staff according to regulations of law;
e) Propagating, disseminating and educating their staff to have the consciousness of compliance with and abidance by the regulations on aviation security; propagate the regulations on aviation security on the mass media except the restricted aviation documents
8. Signing the coordination documents on ensuring the aviation security, order security, social safety with the local government and the relevant police and army authorities where the service provider is located.
9. Organizing the exercise to deal with the illegal acts of interference at grassroots level and participating in the exercise at sectoral level and national level according to regulations.
10. Being subject to the professional directions and guidance on aviation security of the Civil Aviation Authority of Vietnam
Article 115. Responsibility of airlines and aircraft operators
1. Develop the aviation security Program of the airlines and submit it to the Civil Aviation Authority of Vietnam and implement it after it is approved; providing the whole approved aviation security Program for the relevant aviation Authorities for examination and monitoring of compliance.
2. Providing the professional training and re-training and provision of knowledge about aviation security for the relevant staff according to regulations of law
3. Coordinating with the aviation Authorities, operators of airports or aerodromes and relevant bodies and units to deal with the cases of violation of aviation security and other violations pertaining to the aircrafts while they are under operation or not.
4. Checking the aviation security of aircraft before flight and coordinating to search the aircraft for security when there is threatening information according to regulations of law; ensuring the security and maintenance of order and discipline on the flying aircraft;
5. The Vietnamese airlines and aircraft operators shall:
a) Organize the aviation security control forces to take measures of aviation security control, maintenance of security, order and discipline on aircraft and ensure the security for aircraft operation outside the airports or aerodromes;
b) Organize the independent aviation security system with the head who shall take responsibility for all approved aviation security assurance activities of the airlines;
c) Survey and assess the aviation security assurance for the activities of the airlines at the airports or aerodromes domestically and internationally; ensure the funding for the Civil Aviation Authority of Vietnam to participate in the survey and assessment of the airlines at the foreign airports;
d) Coordinate to implement the emergency Scheme to deal with the illegal acts of interference in the civil aviation activities within their prescribed responsibility; organize the exercises to deal with the illegal acts of interference at grassroots level and participating in the exercise at sectoral level and national level according to regulations.
dd) Determine the boundaries of restricted areas under their management outside the airports or aerodromes; issuing and manage the cards or permits of internal security and crew identification cards according to regulations;
e) Arrange seat on the flights for the air security officer on duty on the flights as required by the competent authorities;
g) Control the internal security for the aviation officers according to regulations;
h) Protect the aviation information and information technology system of the airlines against the unauthorized access and interference which cause the unsafety for the civil aviation activities and theft of information which must be kept confidential including the personal information of passengers
i) Propagate and educate their staff to have the consciousness of compliance with and abidance by the regulations on aviation security; propagate the regulations on aviation security by appropriate ways to the aircraft passengers.
k) Are subject to the professional directions and guidance on aviation security of the Civil Aviation Authority of Vietnam.
6. The foreign airlines must fully comply with the law of Vietnam on aviation security of their operation in Vietnam; appoint and inform the Civil Aviation Authority of Vietnam and the persons who take direct and comprehensive responsibility for the aviation security of their operation in Vietnam.
7. Where the foreign airports or aerodromes do not follow the standards of ICAO on aviation security, the Civil Aviation Authority of Vietnam shall make assessment and decide not to permit the operation of civil flights which depart from those airports or aerodromes to Vietnam.
Article 116. Responsibility of relevant organizations and individuals
1. Fully comply with the provisions of this Circular and the aviation security Program of the operators of airports or aerodromes when operating at the airports or aerodromes; are subject to the inspection, examination, supervision, investigation, testing, survey and assessment of aviation security of the Civil Aviation Authority of Vietnam, the relevant aviation Authorities and the aviation security control forces.
2. For the organizations and individuals carrying on the non-aviation business at the airports or aerodromes:
a) Protect the facilities, assets, equipment, ensure the aviation security and order for their activities through the signing of security assurance service contract with the operators of airports or aerodromes;
b) Coordinate with the aviation Authorities, the aviation security control forces and the relevant bodies and units to handle the violations of aviation security and order which occur within their scope of management;
c) Ensure the relevant staff are provided with the aviation security training according to regulations of law.
d) Propagate, disseminate and educate their staff to have the consciousness of compliance with and abidance by the regulations on aviation security;
3. The passengers and the cargo senders must follow the regulations on aviation security assurance as stipulated in this Circular and the regulations of law on aviation security. The passengers must absolutely comply with the instructions on security and order of the aviation security controllers and order of the flight crew. In case of failure of compliance, they shall be handled according to regulations of law depending on the nature and seriousness of violation.
4. The aviation officers must follow the regulations on aviation security assurance as stipulated in this Circular and the regulations of law on aviation security; the drinking of alcohol and beer while on duty is absolutely prohibited. In case of violation, their duties shall be suspended and their Card of aviation security control and aviation work permit.
Article 117. Funding for aviation security assurance
1. The standing office of the Security Committee of the National Civil Aviation and the Civil Aviation Authority of Vietnam shall, based on the assigned tasks, make the annual estimate of funding from the state budget and submit it to the Ministry of Transport and implement it after its approval.
2. The enterprises should ensure the whole funding for the aviation security assurance within their responsibilities specified in this Circular and other regulations of law, including the funding for infrastructure, equipment and means to ensure the aviation security of the enterprises.
Tìm kiếm
Thông tư 01/2016/TT-BGTVT (Bản Word)
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