Article 106. General regulations on aviation security inspection, survey, test, assessment and investigation
1. The CAAV shall carry out inspections, surveys, assessments and public or confidential tests, and investigations at all airports, aerodromes, aviation service providers and airlines and of vehicles and equipment involved in civil aviation nationwide. Airports authorities shall carry out inspections, public or confidential tests, and investigations at airports, airlines and aviation service providers and of vehicles and equipment involved in civil aviation under their management. Airport/aerodrome operators shall carry out inspections, surveys, public or confidential tests, and internal investigations at airports and aerodromes under their management. Enterprises having ASPs and ASRs shall carry out inspections, surveys, public or confidential tests, internal investigations, and assessments as prescribed.
2. The aviation security inspections, surveys, tests, assessments and investigations shall be carried out according to the annual or unexpected quality control plan. Tests shall not be conducted on aircrafts in flight or VVIP flights.
3. An annual aviation security quality control plan shall include the inspection, test and assessment, be prepared according to the assessment of aviation security risks, resources of authorities and units and ensure uniformity and consistency among aviation-related authorities and units, and confidentiality of confidential tests. The plan shall be prepared as follows:
a) By October 15, the airports authority shall prepare an aviation security quality control plan for the next year and submit it to the CAAV;
b) By October 30, the CAAV shall promulgate aviation security quality control plans for the next year of the CAAV and airports authority, and send them to units and enterprises having ASPs and ASRs;
c) By November 30, according to the aviation security quality control plans of the CAAV and airports authority, airport/aerodrome operators, airlines and enterprises having ASPs and ASRs shall prepare and promulgate internal aviation security quality control plans and notify the CAAV and airports authority.
4. The inspection, test and assessment, and unexpected survey and investigation shall be decided by a competent person if deemed necessary.
5. The CAAV shall issue an aviation security control quality manual to ensure uniform and effective implementation among aviation-related authorities and units.
6. Any authority or unit that manages persons committing violations or equipment that fails to satisfy aviation security standards shall suspend such persons and equipment at the request of the head of the inspection, test, survey and investigation team.
Article 107. Requirements for aviation security inspection, survey, test, assessment and investigation
1. Requirements for aviation security inspection, survey, test, assessment and investigation by the CAAV and airports authorities:
a) There must a decision on team establishment issued by the competent person. The inspection, survey, test, assessment or investigation plan shall be approved by the person issuing the decision on team establishment;
b) The head shall prepare an inspection, survey, test, assessment or investigation plan and submit a report on implementation thereof to the person issuing the decision on team establishment within 10 working days from the end of the inspection, survey, test, assessment or investigation;
2. Requirements for inspection, survey, test, assessment and investigation by the airport/aerodrome operators, airlines and other enterprises having ASPs and ASRs:
a) There must be an inspection, survey, test, assessment or investigation plan approved by the head of the organization in charge of aviation security assurance;
b) The assessment by Vietnamese airlines at foreign airports shall be paid for by the airlines and the CAAV and require CAAV's involvement. The assessment in Vietnam by foreign airlines and aviation authorities shall be permitted by the CAAV and assessment results shall be sent to the CAAV.
3. Every airports authority, airport/aerodrome operator, airline and enterprise having ASPs and ASRs shall submit a report on aviation security quality control to the CAAV by December 10.
4. Documents about aviation security inspection, survey, test, assessment and investigation shall be managed and archived as prescribed by the law on archives.
Article 108. Aviation security tests
1. In the case of a confidential test, the contents, date, place, plan and process of the test shall be kept confidential and disclosed to team members only. In the case of a public test, contents, date and place of the test shall be notified in advance to the unit which is the subject required to undergo the test (hereinafter referred to as “the tested subject”). According to the approved test plan, the head of the test team shall prepare a plan for conducting each test.
2. Security and safety of people, property and activities of the tester and tested subject shall be ensured during the process of conducting the test. When the confidential test is discovered, the tester shall immediately present the test decision together with his/her aviation security inspector card or identity document to which his/her photo is attached to the tested subject. The tested subject shall facilitate the cooperation and ensure security and safety of people, vehicles and items during the test.
3. After the test is done, the tester shall immediately prepare a test report and request the tested subject to sign it. Also, the head of the test team shall hold a meeting with persons concerned at the unit required to undergo the test to draw on experience, make comments and notify preliminary test results to the head or authorized representative of the unit.
4. The confidential test is allowed to employ persons of the police or the army or passengers that have good backgrounds and are reliable enough to ensure confidentiality and effectiveness of the test.
Article 109. Corrective actions against deficiencies found through inspection, survey, test, assessment and investigation
1. During the inspection, survey, test, assessment or investigation, if it is considered that deficiencies need remedying immediately otherwise they will threaten security and safety, the head of the inspection, survey, test, assessment or investigation team shall request immediate remedial actions or transfer them to a competent authority for the suspension to be imposed to ensure security and safety.
2. After receiving a conclusion, which includes recommended corrective actions against deficiencies, the unit undergoing the inspection, survey, test, assessment or investigation shall prepare a corrective action plan and submit it to the unit in charge of quality control. If there is any inaccurate conclusion or recommendation, the unit undergoing the assessment shall send a written response to the organization carrying out the assessment and the CAAV.
3. Time limit and contents of corrective actions against deficiencies found through the quality control by the CAAV and airports authorities
a) Within 15 working days from the end of the inspection, survey, test, assessment or investigation, the person issuing the decision on team establishment shall give a written conclusion, specifying deficiencies and recommended corrective actions, if any;
b) Within 10 working days from the receipt of the conclusion on inspection, survey, test, assessment or investigation, the unit undergoing the inspection, survey, test, assessment or investigation shall submit a corrective action plan, specifying corrective actions, individuals and organizations responsible for corrective actions and time limit for completing corrective actions;
c) Within 05 working days from the end of the corrective action plan, inspection, survey, test, assessment or investigation, the person issuing the decision on team establishment shall give a written response to the unit, specifying his/her approval or disapproval of each content;
4. Time limit and contents of corrective actions against deficiencies found through the quality control by units having ASPs and ASRs
a) Within 10 working days from the end of the inspection, survey, internal test, assessment or investigation, it is required to issue a conclusion and plan on actions against deficiencies detected through inspection, survey or investigation, specifying corrective actions, individuals and organizations responsible for corrective actions and time limit for completing corrective actions, if any;
b) Within 15 days, the inspection, survey, investigation or test conclusion and corrective action plan shall be submitted to the CAAV and supervisory airports authority. The assessment conclusion shall be sent to the unit undergoing assessment, supervisory airports authority and CAAV.
5. The aviation security quality control department of the authority in charge of quality control shall carry out supervision and site inspection of the implementation of the corrective action plan and notify result thereof to the head of the authority/unit.
6. In case of failure to correct deficiencies according to the approved plan, the aviation security quality control department of the authority in charge of quality control shall recommend appropriate measures to facilitate corrective actions.
Article 110. Regulations on aviation security inspectors, internal security inspectors and holders of cards and permits issued by the National Civil Aviation Security Committee
1. An aviation security inspector is the person who is employed by an airports authority and CAAV to control aviation security quality and carry out aviation security inspections, appointed by the CAAV and issued with the aviation security inspector card. The design of the aviation security inspector card is provided in the Appendix XXI hereof. The appointment of an aviation security inspector card shall satisfy the following requirements:
a) The aviation security inspector shall be appointed according to the specialized field or area or unit where he/she is assigned to carry out inspection;
b) The appointment decision shall be notified to the inspected subject;
c) The appointment decision shall define tasks, rights and responsibilities of inspectors according to the principle: the inspector is only allowed to exercise the rights specified in Clause 2 of this Article to perform his/her duties regarding his/her specialized field or area or unit where he/she is assigned to carry out inspection;
d) An aviation security inspector shall serve a term of office of no more than 03 years.
2. Tasks and rights of an aviation security inspector:
a) The aviation security inspector shall control aviation security quality as prescribed in this Circular and shall not conduct any confidential test upon performing his/her tasks independently;
b) The aviation security inspector is entitled to access, board aircrafts, enter any restricted areas at airports, aerodromes, aviation service providers, works, equipment and vehicles;
c) The aviation security inspector is entitled to request organizations and individuals to provide documents or relevant items; confiscate aviation security control badges and permits of staff committing violations; suspend violating equipment and vehicles threatening aviation security;
d) The aviation security inspector shall request responsible persons to take possible remedial actions; make a violation record and transfer it to a competent person as prescribed by law;
dd) Upon performing the task of quality control independently, if any deficiency or mistake is found during aviation security assurance, the aviation security inspector is entitled to directly issue a warning to the violating unit or person in order to prevent the violation and request relevant authorities or units to take remedial actions to reduce risks to aviation security; after issuing the warning, notify his/her supervisory authority/unit; the aviation security inspector is entitled to issue and shall take full responsibility for assessments, conclusions and warnings upon performing his/her tasks independently;
e) Upon performing the task of quality control in a team, the aviation security inspector shall take on the assignment given by the competent authority, the proposed assessments, conclusions and warnings shall be sent to the head of the quality control team; the head of the quality control team shall take ultimate responsibility for the team’s performance; if the conclusion given by the head of the team is different from comments of the aviation security inspector, the aviation security inspector is entitled to have his/her comments recorded.
3. An internal security inspector is employed by an enterprise or unit having ASP and ASR, appointed and issued with a card by the enterprise, which defines his/her rights and responsibilities. The design of the internal security inspector shall be notified to the CAAV and relevant airports authority.
4. Rights and tasks of the National Civil Aviation Security Committee’s members that are issued with cards, and vehicles of authorities and units that directly serve such members:
a) Inspect, supervise and assess aviation service providers' compliance with regulations on national aviation security assurance;
b) Access and enter restricted areas, vehicles, equipment and aircrafts subject to aviation security inspection in accordance with regulations of Vietnam civil aviation security program and aviation security quality control program; enter and leave emergency operations center and scenes where acts of unlawful interference with civil aviation occur;
c) Use cards and permits to serve right purposes and perform tasks related to aviation security assurance; present effective cards when performing tasks within restricted areas in civil aviation sector;
d) Vehicles issued with permits by the National Civil Aviation Security Committee shall be exempted from fees when entering and leaving airport/aerodrome public areas to perform tasks.
5. Aviation security inspectors, internal security inspectors and holders of cards issued by the National Civil Aviation Security Committee shall, upon performing their tasks, take responsibility for their activities and use cards as prescribed by law.
6. Standards to be satisfied by an aviation security inspector:
a) He/she must have profound knowledge and experience in the assigned field;
b) He/she has at least 03 years’ experience of working in the aviation security field or at least 02 years if he/she has worked for the police or the army;
c) He/she has completed a training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on aviation security training.
7. Standards to be satisfied by an internal security inspector:
a) He/she has at least 02 years’ experience of working in the aviation security field or at least 01 year if he/she has worked for the police or the army;
b) He/she has completed a training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on aviation security training.
8. Aviation security inspectors and internal security inspectors shall be trained in accordance with aviation training regulations of the Minister of Transport.
Article 111. Aviation security reporting and statistics
1. The CAAV shall establish and provide guidance on operation of the aviation security reporting and statistic system for aviation-related authorities and units as prescribed by law.
2. The following organizations shall submit reports to the CAAV as prescribed in Clause 1 of this Article:
a) Airports authorities;
b) Airlines;
c) Airport/aerodrome operators;
d) ATS providers; aircraft and aircraft equipment maintenance and repair enterprises;
dd) Aviation security assurance service providers;
e) Aviation service providers.
3. When serious violations or violations that potentially threaten aviation security and safety or adversely affect social order and safety occur, the organizations specified in Clause 2 of this Article shall report such violations to the CAAV as follows: immediately report them by telephone, by fax or other media and report them in writing within 24 hours using the form in the Appendix XXIV hereof. The organizations specified in Points a, b, c, d and dd Clause 2 of this Article shall submit monthly reports on aviation security violations recorded in the aviation security management system to the CAAV.
4. Emergency cases and responses to acts of unlawful interference shall be reported as prescribed in Article 89 of this Circular.
5. Reports shall be made through the aviation security database system, by phone or other media or by post.
Article 112. Organizing establishment of aviation security database
1. The CAAV shall carry out carry out statistical production and establish aviation security database uniformly among civil aviation-related authorities and units. Aviation security database shall be protected from unauthorized access; only organizations and individuals that are permitted by the CAAV are entitled to access and operate it. Aviation security database includes:
a) Acts of unlawful interference and cases of aviation security violations.
b) Subjects required to undergo compulsory manual checks, denied transport for security reasons or prohibited from air transport;
c) Deficiencies found through aviation security inspection and aviation security inspections, tests, surveys, assessments and investigation;
d) Aviation security control badges and permits;
dd) Infrastructure, equipment, weapons, support tools;
e) Aviation security control organizations and forces, aviation security control staff permits.
2. The CAAV shall organize the management of aviation security database; airports authorities and enterprises having ASPs and ASRs shall regularly consolidate and update the contents specified in Clause 1 of this Article to the database.
3. The CAAV provide guidelines for statistical production, reporting, update, operation, management and use of aviation security database.
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Thông tư 13/2019/TT-BGTVT hướng dẫn Chương trình an ninh hàng không và kiểm soát chất lượng an ninh hàng không Việt Nam do Bộ trưởng Bộ Giao thông vận tải ban hành (Bản Word)
