Section 1. ACTIONS AGAINST AVIATION SECURITY VIOLATIONS
Article 83. Rules for taking actions against violations
1. Actions against all aviation security violations shall be promptly and rapidly taken to prevent them from spreading and minimize their effects.
Actions against violations shall be taken according to their nature, degree and effects, and applicable regulations of law. The boarding of the aviation security control force to suppress, coerce and escort violators is carried out at the request of the pilot-in-command or the airports authority except the case of responding to acts of unlawful interference with civil aviation.
2. All aviation security control forces shall designate an area for taking actions against violations, make sure actions against violations are taken in a quick, safe and convenient manner and minimize effects on normal operation of airports, aerodromes and flights.
3. Airports authorities shall preside over and cooperate with relevant authorities and units operating at airports and aerodromes in reaching an agreement on issues concerning cooperation in taking actions against violations of aviation security and public order at airports and aerodromes and resolution of difficulties that arise from the cooperation process. Aviation service providers shall cooperate with police authorities and local authorities in taking actions against aviation security violations committed within areas outside airports and aerodromes under their management.
4. Airports authorities, units and enterprises that have aviation security control forces shall assign their staff to be on duty 24/7, and publish hotline to promptly take actions against violations of aviation security and public order.
5. Documents, procedures, records and decisions on actions against violations shall be prepared and retained as prescribed by law.
Article 84. Responsibilities and procedures for taking actions against aviation security violations
1. The aviation security control force shall take initial actions against to violations of aviation security and pubic order committed at the airports or aerodromes under its management. Procedures for taking initial actions shall be completed as follows:
a) Prevent the violation; hold the violator in custody;
b) Conduct a check or search and collect exhibits and evidences;
c) Transfer the violator and exhibits involved in the violation to the designated area;
d) Immediately notify the airports authority or police authority (in the violation is suspected as a criminal offence) and relevant authorities and units at airports and aerodromes;
dd) Protect the scene if necessary;
e) Make preliminary records (including a violation record made using the form in the Appendix XXIV hereof) and transfer records, proof, exhibits and violator to the competent authority at the request of the airports authority.
2. Relevant authorities, units and individuals shall closely cooperate with the aviation security control force in taking actions against aviation security violations.
3. Regarding aircrafts in operation and aircrafts in flight, procedures for taking actions against violations are specified in Clauses 2, 3, 4 and 5 Article 59 of this Circular. In-flight undercover security staff shall not engage in taking actions against aviation security violations.
4. The aviation security control force performing its tasks at the facility outside an airport/aerodrome shall take initial actions against aviation security violations committed at the facility under its management; procedures for taking initial actions are specified in Points a, b, c and dd Clause 1 of this Article; make preliminary records (including a violation record made using the form in the Appendix XXIV hereof), transfer records, evidences, exhibits and violator to the local competent authority and cooperate in further taking actions against aviation security violations.
5. The airports authority shall assign a person to be present in the area where actions against a violation is being taken after receiving the notification specified in Point d Clause 1 of this Article to supervise the initial actions, and assess the nature and seriousness of the violation. The power to take actions against the violation and decide to further take actions against the violation:
a) If it is considered that the violation is not so serious to impose administrative penalties, the aviation authority shall receive the case and request the authority employing the violator in writing to consider taking disciplinary actions against the violator and notify results thereof to the airports authority;
b) If the violation is within the power to impose administrative penalties of the airports authority, aviation inspecting authority, CAAV and inspectorate of the Ministry of Transport, the aviation authority shall receive the transferred violation case and perform necessary tasks in accordance with regulations of law to impose administrative penalties within its power or transfer the case to a competent person or authority;
c) If the violation that is within the police authority's power to impose administrative penalties is suspected as a criminal offence, the aviation authority shall request the aviation security control force to transfer the violation case to the police authority. The airports authority shall keep monitoring and cooperating with the police authority in the process of taking actions against the violation to make sure that those actions are effectively taken;
d) If the violation that is within the customs authority or another competent authority's power to impose administrative penalties, the aviation authority shall request the aviation security control force to transfer the violation case to a competent authority. The airports authority shall keep monitoring and cooperating with the authority accepting the case in the process of taking actions against the violation to make sure that those actions are effectively taken;
dd) If the administrative violation is within the power to impose penalties of multiple authorities, the director of the airports authority shall cooperate with authorities that have the power to impose penalties as prescribed by law.
6. When transferring the case to the airports authority, the police authority, customs authority or competent authority, the aviation security control force shall make a transfer record using the Form in the Appendix XXIV hereof and cooperate in taking measures to escort and seize the violator, vehicles or exhibits involved in the violation upon request.
7. Airports authorities, airport enterprises, airlines, ATS providers, aircraft and aircraft equipment maintenance and repair enterprises and other aviation service providers shall provide their aviation security control forces with video recorders, voice recorders, cameras, binoculars and other auxiliary devices to promptly prevent violations, record and collect all information relating to the violation cases in an accurate and sufficient manner so that they are handled rapidly and satisfactorily in accordance with applicable regulations.
8. Airports authorities, aviation security control forces at airports and aerodromes, airlines, ATS providers, aircraft maintenance and repair enterprises and other enterprises operating at airports and aerodromes shall equip telephones that are able to display and save telephone numbers of incoming and outgoing calls and record such calls for at least 03 hours. There must be emergency telephone number and hotline. The aforementioned units shall use a service that allows quick notification of telephone numbers of outgoing calls and incoming calls made to their telephone numbers to trace telephone threats; create mailboxes to receive information about violations and acts of unlawful interference.
Article 85. Making comments and drawing on experience in taking actions against violations
1. It is required to make comments and draw on experience in taking actions against violations with a view to correcting deficiencies. To be specific:
a) According to the nature and seriousness of each violation committed at an airport/aerodrome, the aviation authority shall decide to assign an appropriate internal authority or unit to preside over making comments and drawing on experience or the airports authority shall preside over making comments and drawing on experience at the authority or request the CAAV to do so;
b) The unit in charge of the facility outside an airport shall preside over making comments and drawing on experience in taking actions against violations committed at its facility;
c) The CAAV shall preside over providing explanation and drawing on experience in taking actions against serious and complex violations at the civil aviation authority level or at the request of the Ministry of Transport or National Civil Aviation Security Committee.
2. It is required to make comments and draw on experience as soon as possible, within 05 working days regarding internal level, 07 working days regarding aviation authority level and 10 working days regarding civil aviation authority level from the date on which the violation is committed or reported.
3. Making comments and drawing on experience shall contain at least the following contents:
a) Measures and procedures for taking actions against the violation of the unit or individual involved in the process of taking actions against the violation: correct, incorrect, reasons;
b) Cooperation by relevant unit and individual in taking actions against the violation: correct, incorrect, reasons;
c) Loopholes in regulations of law, ASPs, ASRs and relevant documents that need amending;
d) Deficiencies of each relevant unit and individual, reasons and remedial measures.
SECTION 2. RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE
Article 86. General provisions
1. Response to acts of unlawful interference with civil aviation shall comply with regulations of law and contingency plans against acts of unlawful interference with civil aviation that is introduced by the competent authority.
2. When informed of an act of unlawful interference with civil aviation, the airport/aerodrome operator, airline, aviation security assurance service provider or ATS provider concerned shall analyze and preliminarily assess the nature of the information to consider implementing an appropriate contingency plan; immediately notify information and assessment result, and recommend a responsive measure to the competent authority as prescribed. Mobilize their forces and vehicles to provide initial responses as prescribed; where necessary, the CAAV shall directly direct aviation forces to implement an initial contingency plan.
3. All measures taken to respond to acts of unlawful interference with civil aviation shall give priority to assurance of aircraft safety and human life. Regarding the aircraft in flight which is subjected to an act of unlawful interference, the relevant ATS provider shall give top priority to assurance of aircraft safety within airspace of Vietnam and flight information regions under the management of Vietnam.
4. After responding to an act of unlawful interference at an airport/aerodrome, responsible authorities and units shall rapidly take necessary measures to ensure normal operation of the airport/aerodrome; make arrangements so that passengers can continue their journey as soon as possible.
Article 87. Contingency plans
1. The contingency plan against acts of unlawful interference at an airport/aerodrome shall be prepared by the airport/aerodrome operator and submitted to the CAAV for approval, and conform to the general contingency plan against acts of unlawful interference promulgated by the Prime Minister and contingency plans of aviation emergency steering committees of provinces, cities and island districts.
2. The enterprise in charge of the air traffic management service provider shall tailor its own contingency plan; the enterprise in charge of the ATS provider shall prepare an ATS contingency plan, submit it to the CAAV for approval and organize the implementation thereof. The contingency plan and ATS contingency plan shall conform to the general contingency plan against acts of unlawful interference promulgated by the Prime Minister and contingency plans of aviation emergency steering committees of provinces, cities and island districts.
3. Contingency plans and ATS contingency plans against acts of unlawful interference shall be kept confidential.
4. The CAAV shall provide guidelines for designing and implementing contingency plans and ATS contingency plans.
Article 88. Management of information and press conferences
The provision of information, statement and organization of press conferences pertaining to acts of unlawful interference and response thereto shall comply with the general contingency plan against acts of unlawful interference with civil aviation promulgated by the Prime Minister.
Article 89. Reporting of acts of unlawful interference
1. Airport/aerodrome operators, airlines, ATS providers, units in charge of restricted areas outside airports/aerodromes shall submit an initial written report to the CAAV within 24 hours from the time the acts of unlawful interference occur; make reports twice a day during the process of responding to acts of unlawful interference and make a preliminary report within 24 hours from the time the response is completed.
2. The CAAV shall submit a written report to the Ministry of Transport within 24 hours from the receipt of the report on response to acts of unlawful interference.
Article 90. Reporting information to relevant countries and acts of unlawful interference to ICAO
1. If an aircraft which is subjected to an act of unlawful interference has landed within the territory of Vietnam, the CAAV shall transmit information about that aircraft to the aviation authority of relevant state as soon as practicable.
Information includes: type of aircraft, flight number, flight route, number of passengers and crewmembers on the flight and requests for assistance from the relevant state. Such information shall be provided to:
a) the state where the aircraft is registered;
b) the state of the aircraft operator;
c) the state whose citizens are dead, injured or detained due to the act of unlawful interference;
d) the state whose citizens are passengers on the aircraft subjected to the act of unlawful interference;
dd) ICAO.
2. Reports on acts of unlawful interference submitted by the CAAV to ICAO include:
a) A preliminary report made using the Form in the Appendix XXII hereof within 30 days from the act of unlawful interference occurs;
b) An official report made using the Form in the Appendix XXIII hereof within 60 days from the act of unlawful interference occurs.
Article 91. Organizing drills aimed at responding to acts of unlawful interference
1. The CAAV shall cooperate with relevant aviation-related authorities and units and other authorities and units in organizing a drill aimed at responding to acts of unlawful interference among aviation-related authorities at least every 03 years at 01 airport or 01 ATS provider.
2. The CAAV shall direct airport/aerodrome operators, Vietnamese airlines, enterprises in charge of air traffic management service providers and enterprises in charge of ATS providers to cooperate with relevant authorities and units in organizing an internal drill at each airport or ATS provider at least every 02 years.
3. Foreign organizations may be invited to take part in drills aimed at responding to acts of unlawful interference with civil aviation.
4. The CAAV shall report a plan for organizing drills among aviation-related authorities to the Ministry of Transport.
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