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THE MINISTRY OF PUBLIC SECURITY |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 14/2026/TT-BCA |
Hanoi, February 03, 2026 |
ELABORATION OF VIETNAM’S AVIATION SECURITY PROGRAM AND AVIATION SECURITY QUALITY CONTROL
Pursuant to the National Assembly’s Resolution No. 190/2025/QH15 dated February 19, 2025 providing for handling of certain issues related to the reorganization of the state apparatus;
Pursuant to the Law on Management and Use of Weapons, Explosive Materials and Support Instruments No. 42/2024/QH15 dated June 29, 2024;
Pursuant to the Anti-terrorism Law dated June 12, 2013;
Pursuant to the Ordinance on Protection of Important Works related to national security No. 32/2007/PL-UBTVQH11 dated April 20, 2007;
Pursuant to the Government’s Decree No. 92/2015/ND-CP dated October 13, 2015 on aviation security; Government’s Decree No. 184/2025/ND-CP dated July 01, 2025 providing for distinction of powers upon organizing 02-tier local government and amending and supplementing some Articles of the Government’s Decree in the field of security and order;
Pursuant to the Government’s Decree No. 02/2025/ND-CP dated February 18, 2025 defining the functions, duties, powers and organizational structure of the Ministry of Public Security amended and supplemented by the Government’s Decree No. 11/2025/ND-CP dated July 01, 2025;
Pursuant to the Government’s Decree No. 93/2022/ND-CP dated November 07, 2022 on management and maintenance of security and order at air border gates;
Pursuant to the Government’s Decree No. 96/2021/ND-CP dated November 02, 2021 on assurance of VIP flights on private planes and VIP flights on commercial planes;
Pursuant to the Prime Minister’s Decision No. 16/2017/QD-TTg dated May 16, 2017 on general contingency plan against acts of unlawful interference with civil aviation activities and Prime Minister’s Decision No. 01/2019/QD-TTg dated September 05, 2019 on amendments to some Articles of the general contingency plan against acts of unlawful interference with civil aviation activities promulgated together with the Prime Minister’s Decision No. 16/2017/QD-TTg dated May 16, 2017;
Pursuant to the Government’s Decree No. 66/2015/ND-CP dated August 12, 2015 providing for aviation authorities;
At the request of the Director General of the Immigration Department;
The Minister of Public Security hereby promulgates a Circular on elaboration of Vietnam’s aviation security program and aviation security quality control.
This Circular provides for preventive security control measures; handling of occurrences involving violation of aviation security regulations and response to acts of unlawful interference; system of organizations responsible for aviation security assurance; structures, equipment, vehicles, weapons and support tools serving aviation security assurance; aviation security risk management; aviation security quality control; responsibilities of units, organizations and individuals for aviation security assurance.
Article 2. Application of laws
The application of regulations on aviation security program and aviation security quality control shall comply with the provisions of this Circular and provisions of legislative documents promulgated before the effective date of this Circular which are not contrary to the provisions of this Circular.
For the purposes of this Circular, the terms below shall be construed as follows:
1. “mail” means correspondence, package or cargo that is accepted, transported and delivered legally via the postal network.
2. “aviation security checkpoint” means a work location of aviation security control officers and personnel. It is set up at gates, doors and passageways between restricted areas or between restricted areas and other areas in order to perform aviation security checks of persons, vehicles and objects, and maintain security and order at the aviation checkpoint area.
3. “aviation security control point” means a work location of aviation security control officers and personnel. It is set up in public or restricted areas in order to control activities of persons and vehicles, and maintain security and order around the control point.
4. “aircraft stores and supplies” means stores and supplies intended for consumption by passengers and the crew or sold on board an aircraft, except for meals; and consumable supplies serving aircraft operation, maintenance and repair.
5. “unattended item or baggage” means any item or baggage left at an airport or aerodrome for which there is no ground to identify its owner.
6. “aviation security oversight” means the use of persons, animals and technical equipment, solely or in combination, to manage and monitor with a view to detecting and preventing violations or suspected violations of aviation security.
7. “aviation security control license” means a document granted by the Immigration Department to a qualified individual as prescribed by law so that he/she can perform aviation security control duties.
8. “cargo” means any property carried on board an aircraft other than mail, baggage, aircraft stores and supplies and meals.
9. “interline cargo and mail” mean cargo and mail taking part directly in two or more different flights or being transported by two or more modes of transportation, including air transport.
10. “baggage” means personal property of passengers or crew carried on board an aircraft.
11. “carry-on baggage” means baggage that is carried on board an aircraft by passengers or crew members and kept by themselves during transport.
12. “checked baggage” means baggage that is carried on board an aircraft by passengers or crew members and themselves kept during transport.
13. “unclaimed baggage” means baggage that arrives at an airport or aerodrome but is not picked up or received by any passenger or crew.
14. “lost baggage” means the passengers’ or crew’s baggage separated from them during transport.
15. “transit or domestic stopover passengers, baggage, cargo or mail” means passengers, baggage, cargo or mail departing from an airport on the same aircraft as that on which the passengers, baggage and cargo arrived.
16. “transfer passengers or baggage” mean passengers or baggage taking part directly in two or more different flights in the same journey.
17. “aviation security quality control” means the implementation of professional techniques and oversight measures to assess the status of aviation security assurance and remedy detected limitations to aviation security assurance. Aviation security quality control includes regular oversight, aviation security quality inspection, aviation security testing, assessment and investigation, statistical production, data analysis and other measures.
a) Aviation security quality inspection means the inspection of compliance by units performing aviation security control duties, airport and aerodrome operators, airlines and aviation service enterprises with regulations specified in the aviation security program approved and accepted by the Immigration Department;
b) Aviation security testing means a simulated interference with civil aviation activities which is done publicly or secretly in order to test the effectiveness of aviation security assurance measures;
c) Aviation security investigation means an activity carried out by a competent agency or competent person to clarify acts of unlawful interference, violations or suspected violations of aviation security regulations;
d) Aviation security assessment means an assessment of compliance with some or all of standards and regulations on aviation security which is carried out by the International Civil Aviation Organization, an aviation authority or airline.
18. “aircraft maintenance and repair area” means an area where the maintenance and repair of aircraft are performed, including: aprons, structures, factories, vehicle parks and internal roads.
19. “sterile area” means part of a restricted area from the passenger and carry-on luggage security checkpoint of the terminal to the boarding gate.
20. “exclusive use restricted area” means a restricted area with one of the following characteristics:
a) Restricted area outside a terminal or aerodrome;
b) Restricted area within a terminal or aerodrome, where survey, construction, repair and maintenance are carried out and no aviation service is provided during the survey, construction, repair and maintenance and fences or architectures are available within the boundary of the survey, construction, repair and maintenance area to ensure that the area is separated from other restricted areas, and to prevent unauthorized entry of persons and vehicles within the construction area into other restricted areas;
c) Restricted area within a terminal or aerodrome, which is managed and operated by a unit only and does not directly serve passengers, baggage, cargo and mail. Fences or architectures are available to ensure the area is separated from other restricted areas.
21. “public area” of an airport or aerodrome means an area which is specified by an entity holding the right to organize operation of that area in the aviation security program and to which air passengers, vehicles and persons picking up and seeing off passengers, and sending and receiving goods and mail may have access without aviation security check. Public areas include:
a) Areas of passenger terminals or cargo terminals other than restricted areas and exclusive use areas of agencies and units;
b) Roads and parking lots intended for air passengers;
c) Shops, shopping malls and public recreation areas for passengers, persons picking up and seeing off passengers, sending and receiving goods which are adjacent to aerodromes, terminals, roads and parking lots for air passengers.
22. “baggage storage area” means a space in which checked baggage is stored pending transport to aircraft or in which lost or unclaimed baggage is hold.
23. “internal security control” means a preventive security measure aimed at eliminating the causes and conditions that terrorists and criminals can take advantage of, coordinate or persuade aviation personnel to support or directly perform acts of terrorism, crime and other violations.
24. “aircraft aviation security check” means a check of the interior and exterior of an aircraft according to a list for the purpose of discovering any suspicious or dangerous article or stowaway on board the aircraft.
25. “manual check” means the aviation security control officer or personnel using his/her hands, eyes and other senses to check persons, vehicles and objects for the purpose of identifying and discovering suspicious or dangerous articles.
26. “background check” means the verification of a person’s identity for the purpose of assessing that person’s suitability for being aviation person and being granted an airport/aerodrome security control permit with long-term use.
27. “in-flight security officer” means a person that is authorized by the Government of the State of the aircraft operator and Government of the State of Registry to perform his/her duties on board an aircraft for the purpose of protecting the aircraft and passengers from acts of unlawful interference.
28. “security sealing” means a confirmation that cargo, objects and vehicles have undergone a security check or a confirmation that cargo, objects and vehicles remain intact or a confirmation that cargo, objects and vehicles have undergone a security check, and cargo, objects and vehicles to be sealed remain intact. Aviation security sealing shall be performed by the use of security stamps or wire seals.
29. “apron” means a defined area, within an air operations area, intended to accommodate aircraft for the purpose of loading or unloading passengers, baggage, mail and cargo, refueling or maintenance.
30. “catering supplies” mean food, beverages and tools used for meals on board an aircraft.
31. “aircraft in service” means an aircraft bearing Vietnamese or foreign nationality which is parked on an apron for flight operation and subject to continuous aviation security oversight by suitable methods in order to discover unauthorized approach or access.
32. “aircraft not in service” means an aircraft bearing Vietnamese or foreign nationality which is either parked on an apron for a period of more than 12 hours or is not subject to continuous aviation security oversight.
33. “X-ray” means an electromagnetic wave having wavelengths in the range of 0.01 to 10 nm, corresponding to frequencies in the range of 30 pHz to 30 eHz and energies in the range of 120 eV to 120 keV.
34. “security tamper-evident bag” means a specialized and transparent plastic bag in which the bill can be easily seen and read without opening the bag and which is used for containing liquid or thick substance or spraying solution purchased in duty-free shops in international sterile areas or on international flights, and has specifications provided in the Appendix XIX to this Circular.
35. “isolated aircraft parking position” means an area on an aerodrome intended to be used for parking an aircraft in case of occurrence of an act of unlawful interference for the purpose of separating the affected aircraft from other ones and from structures at the airport or aerodrome, including underground structures or equipment, in order to implement a contingency plan.
36. “guard booth” means an architecture that serves aviation security control at aviation security checkpoints and aviation security control points.
37. “occurrence involving violation of aviation security regulations” (hereinafter referred to as “aviation security violation occurrence”) means an act of violating aviation security regulations but does not constitute an act of unlawful interference.
38. “ICAO” stands for International Civil Aviation Organization.
39. “high-risk cargo or mail” means cargo or mail falling into one of the following cases:
a) Specific intelligence indicates that the cargo or mail poses a threat to civil aviation at a level higher than normal, requiring the application of enhanced or supplementary aviation security control measures;
b) The cargo or mail shows anomalies that threaten aviation security;
c) The nature of the cargo or mail is such that baseline security measures alone are unlikely to detect dangerous items that could endanger the aircraft.
40. “aviation security control units” comprise immigration offices affiliated to the Immigration Department and immigration offices affiliated to public security departments of provinces having airports and aerodromes.
Article 4. Responsibility for formulating aviation security programs
1. An aviation security control unit shall preside over and cooperate with an airport or aerodrome operator in formulating an aviation security program (hereinafter referred to as “ASP”) appropriate to its functions and duties, and submit it to the Immigration Department for approval; provide the relevant parts of the ASP according to the list provided in the approved ASP.
2. An airport or aerodrome operator shall preside over and cooperate with an aviation security control unit and relevant agencies and units at the airport or aerodrome in formulating an ASP, and submit it to the Immigration Department for approval; provide the relevant parts of the ASP according to the list provided in the approved ASP. Contents related to aviation security assurance under the ASP are those specified in the ASP of the aviation security control unit at the airport or aerodrome specified in clause 1 of this Article.
3. A specialized aerodrome operator shall formulate an ASP and submit it to the Immigration Department for approval; provide the relevant parts of the ASP according to the list provided in the approved ASP.
4. Each Vietnamese airline shall formulate an ASP; each air traffic service enterprise; aircraft and aircraft equipment maintenance, repair and manufacturing enterprise; aviation service provider at an airport or aerodrome; cargo and mail handling facility shall formulate an ASP and submit it to the Immigration Department for approval as prescribed; provide the relevant parts of the ASP according to the list provided in the approved ASP.
5. A foreign airline conducting conduct scheduled international air transport to and from Vietnam shall submit its effective ASP and supplementary station procedures for its operation in Vietnam to the Immigration Department for approval as prescribed; provide the relevant parts of the ASP to the airport or aerodrome operator and aviation security control unit at the at the airport or aerodrome to and from which the airline operates flights.
6. Any organization that is preparing and completing a dossier for submission to a competent state management agency in order to obtain an airport or aerodrome operator’s certificate; air operator’s certificate; license for provision of aviation services is permitted to formulate and submit its ASP to the Immigration Department for approval. Where the ASP is approved by the Immigration Department, the approval decision shall explicitly state the validity period of the decision in conformity with the certificate or license granted.
7. ASPs of the units and enterprises specified in clauses 1, 2, 3, 4, 5 and 6 of this Article shall define responsibilities of relevant collectives and individuals for aviation security assurance, aviation security assurance procedures and measures specified in this Circular. Contents of ASPs of Vietnamese airlines, Vietnamese aircraft operators, ATS enterprises, aviation security assurance service providers and aviation service enterprises pertaining to operations at airports shall comply with provisions of law and conform to ASPs and contingency plans of aviation security control units.
8. ASPs of the units and enterprises specified in clauses 1, 2, 3, 4, 5 and 6 of this Article shall must be formulated containing the contents set out under Appendices I, II, III, IV and V to this Circular.
Article 5. Procedures for approving ASPs and accepting ASPs of foreign airlines
1. Any enterprise or unit having the ASP shall submit 01 application dossier (in the case of a Vietnamese enterprise, the application dossier shall be made in Vietnamese language) to the Immigration Department, whether in person or via postal service or online. The application dossier includes:
a) An application, which is made using the form in the Appendix VI hereto;
b) The draft ASP.
2. A foreign airline operating commercial flights to and from Vietnam shall submit 01 application dossier (in the Vietnamese or English language) to the Immigration Department, whether in person or via postal service or online. The application dossier includes:
a) An application, which is made using the form in the Appendix VI hereto;
b) Its ASP approved by the aviation authority where it is headquartered;
c) Supplementary station procedures with respect to its operation in Vietnam, which are formulated according to the outline stipulated in the Appendix XXIV hereto.
3. If the application dossier is not sufficient as prescribed in clause 1 of this Article, within 01 working day, the Immigration Department shall send a document requesting the supplementation, whether in person or via postal service or online.
4. If the application dossier received is sufficient as prescribed in clause 1 of this Article, within 10 working days (regarding procedures for approving or accepting ASP) or 05 working days (regarding procedures for approving or accepting amendments to ASP) from the receipt of a sufficient application, the Immigration Department shall appraise it and carry out a site inspection if necessary. If eligible for approval or acceptance, the Immigration Department shall issue an approval or acceptance decision; the approval or acceptance decision shall be sent in person or via postal service or online; if ineligible for approval or acceptance, the Immigration Department shall send a document stating the reason(s) for its failure to approve or accept the ASP in person or via postal service or online.
a) If a site inspection is needed, the Immigration Department shall send a written notification of reasons for inspection to the enterprise or unit. The inspection period shall not exceed 03 working days and not be included in the time limit for handling administrative procedures;
b) If the dossier contain any detail that needs clarifying or modifying, the Immigration Department shall send a written notification of detail(s) that need(s) clarifying or modifying to the applicant, whether in person or via postal service or online. The time needed to supplement the application dossier shall not be included in the time for implementing administrative procedures. Within a maximum of 02 working days from the receipt of the Immigration Department’s notification of detail(s) that need(s) clarifying or modifying, the applicant must complete and fully update its application dossier. If, within a maximum of 02 working days from the receipt of the notification, the applicant fails to complete the application dossier, it will be deemed invalid. The Immigration Department shall send a written notification of its rejection of the application dossier and reasons therefor, whether in person or via postal service or online.
Article 6. Amending and supplementing ASPs
1. Every unit or enterprise having an ASP shall regularly review and assess its ASP to promptly amend or supplement it when it no longer conforms to applicable regulations or fails to the requirements laid down during its implementation.
2. Procedures for approving or accepting amendments or supplements to ASPs shall be implemented as prescribed in Article 5 of this Circular.
Article 7. Control of aviation security documents
1. The determination of state secrets and level classification of aviation security documents shall be carried out as prescribed by the law on protection of state’s secrets.
2. List of restricted aviation security documents includes:
a) ASPs approved and accepted by the Immigration Department;
b) Recommendations, notifications, inspections, tests, surveys, investigations, assessments of aviation security risks and files on aviation security occurrences that have not yet been made publicly available;
c) Regulations and documents on cooperation in aviation security between agencies and units;
d) Aviation security documents of ICAO or provided by foreign countries and classified as restricted documents by ICAO and such foreign countries;
dd) Other aviation security documents classified by the Director General of the Immigration Department as restricted documents.
3. Agencies and units shall manage and use restricted aviation security documents for their intended purposes.
4. Restricted aviation security documents shall only be provided to the recipients specified in such documents. Provision of restricted aviation security documents to the recipients other than those specified in such documents is subject to written consent of the head of the unit promulgating documents and signatures are required upon receipt. Containers of restricted aviation security documents shall be marked “restricted documents” in a noticeable position. The drafting, issuance, management, use and destruction of restricted aviation security documents shall be elaborated in ASPs of agencies and units having ASPs.
5. The Immigration Department shall provide guidelines on the management, use, sharing and destruction of restricted aviation security documents.
Article 8. Airport or Aerodrome Security Committee
1. An Airport or Aerodrome Security Committee is the Airport or Aerodrome Emergency Steering Committee, comprising representatives of state management agencies, public security units, military units and enterprises regularly operating at the airport or aerodrome. The establishment and operating regulations of the Airport or Aerodrome Security Committee are elaborated in the ASP of an aviation security control unit.
2. Duties of an Airport or Aerodrome Security Committee:
a) Consider threats and risks to airport or aerodrome aviation security;
b) Cooperate with relevant parties in ensuring airport or aerodrome aviation security; exchange information about aviation security issues;
c) Participate in expressing opinions when formulating aviation security program, aviation security assurance plans and measures;
d) Consider results of internal quality control and quality control by competent agencies at the airport or aerodrome or assessments by international airlines and organizations.
dd) Assess the continuity and effectiveness of the ASP.
PREVENTIVE SECURITY CONTROL MEASURES
Section 1. RESTRICTED AREA AND PUBLIC AREA SECURITY CONTROL
Article 9. Establishment of restricted areas
1. According to current infra and civil aviation activities, the following restricted areas must be established:
a) Sterile area for passengers and their carry-on baggage that have undergone screening for boarding purpose, area from the point where internal personnel must undergo a security check before entering a restricted area to the terminal;
b) Aircraft apron area, runways, taxiways and other areas within an aerodrome (aerodrome);
c) Baggage sorting and loading area;
d) Transit/transfer area;
dd) Cargo and mail sorting and loading area;
e) Lounges for VIP flights on private planes, VIP flights on commercial planes and priority flights;
g) Baggage reclaim area at arrival terminal;
h) Aircraft maintenance, repair and installation area;
i) Catering area;
k) Fuel farm;
l) Airport Emergency Center; National Airport Emergency Center;
m) Area at Area Control Center, Approach Control Unit, Air Traffic Flow Management Center;
n) Area at Aerodrome Control Tower, air surveillance radar, air navigation communication station;
o) Airport/aerodrome water and electricity supply area (outside the airport/aerodrome restricted area);
p) Area from the baggage screening point to the terminal;
q) Area from the cargo and mail screening point to the terminal/warehouse;
r) Area where central control units of technical system of the terminal and aerodrome are installed, airport/aerodrome entrance gate control area, terminal and warehouse management area; camera security surveillance room; area where airport/aerodrome radio and television broadcasting system control equipment is installed; area where servers serving operation of the airport/aerodrome are located.
2. Each aviation security control unit shall, pursuant to clause 1 of this Article, preside over and cooperate with an airport or aerodrome operator and relevant agencies and units in determining restricted areas and specific boundary of each restricted area of the terminal/aerodrome. The airport or aerodrome operator shall preside over and cooperate with the aviation security control unit and relevant agencies and units at the airport or aerodrome in determining restricted areas which the airport or aerodrome operator has the exclusive right to manage and operate when formulating an ASP based on aviation security risks.
3. Each aviation service enterprise at an airport or aerodrome shall, pursuant to clause 1 of this Article, preside over and cooperate with the aviation security control unit (at the airport or aerodrome) relevant agencies and units in determining restricted areas and specific boundary of each restricted area which it has the right to manage and operate with regard to areas outside the terminal or aerodrome when formulating an ASP; each ATS enterprise or cargo and mail handling facility shall determine and establish restricted areas and specific boundary of each restricted area with regard to areas outside the airport or aerodrome when formulating an ASP based on aviation security risks.
4. In the cases where it is required to take strengthened airport or aerodrome security assurance measures or to protect the scene or to serve civil aviation activities and it is deemed necessary to temporarily establish a new restricted area, the airport or aerodrome security control unit shall preside over and cooperate with the airport or aerodrome operator to establish it and immediately notify the agencies and units regularly operating in such area. The establishment of a temporary restricted area shall satisfy the following requirements:
a) The restriction only lasts for a limited period of time;
b) Hard or soft fences are built to form the boundary; appropriate warning signs and signals are available;
c) Aviation security checkpoints and aviation security control officers and personnel are available to carry out checks and oversight during the establishment;
d) Appropriate aviation security assurance measures are in place;
dd) If the restriction lasts for more than 24 hours, it is required to obtain written consent of the Immigration Department.
5. The establishment of restricted areas and application of aviation security check and oversight measures to each restricted area must serve the purpose of aviation security assurance and not hinder persons and vehicles that enter, leave and normally operate within restricted areas. The agency or unit establishing restricted areas must put up a warning sign that reads “KHU VỰC HẠN CHẾ – RESTRICTED AREA” in appropriate and noticeable locations adjacent to restricted areas and public areas.
Article 10. Regulations on exit from, entry into and operation within restricted areas
1. When entering, leaving and operating within restricted areas, persons and vehicles are required to have an airport security permit or license or aviation security inspector card issued by a competent agency or unit permitted to enter or leave such restricted areas.
2. The permit shall be worn at the chest level to ensure that the front side of the permit is visible during the operation in a restricted area; the license must be placed at the front of the cockpit or where it is noticeable.
3. Persons, carry-on items and vehicles must enter and leave a restricted area through the designated gate or door, comply with instructions and regulations on security and operation within restricted areas; be subject to aviation security checks and oversight.
4. The user of the airport security permit with short-term use must be escorted when entering and operating within a restricted area. The escort must have an appropriate airport or aerodrome security control badge with long-term use and must:
a) regularly work within the restricted area of the authority applying for the permit with short-term use; or
b) be personnel of the authority in charge of the restricted area; authority managing the restricted area; unit regularly working within the restricted area; or
c) be personnel of an aviation security control unit or airports authority.
5. The escort specified in clause 4 of this Article shall register the following information with the work shift of the aviation security control unit at the security checkpoint before taking the escortee to a restricted area: full name and number of the airport security permit of the escort and the escortee. The escort must accompany the escortee and regularly supervise his/her activities; promptly instruct the escortee in security regulations; take preventive measures or notify the aviation security control unit or competent agency’s person performing his/her duties nearby if any violation committed by the escortee is discovered. After completing the escort, the escort must confirm with the work shift of the aviation security control unit that the escortee has been escorted out of the restricted area. Such registration of entry and confirmation of exit must be done at the same security checkpoint.
6. A vehicle entering and operating within an aerodrome’s restricted area must be supervised by the aviation security control force (person regularly operating within the aerodrome) or personnel having a ground vehicle operation license or escorted by the escort vehicle service provider’s or airport or aerodrome operator’s vehicle in the following cases:
a) The vehicle operator is only issued with a security permit with short-term use;
b) The vehicle operator does not have the certificate of training in operation of vehicle on apron which is issued by a competent agency as prescribed;
c) The vehicle does not regularly operate in the air operations area.
7. The escort or operator of the escort vehicle specified in clause 6 of this Article shall register the following information in with the work shift of the aviation security control unit at the security checkpoint before escorting and guiding the vehicle to the restricted area: full names and number of the airport security permit of the escort and vehicle operator; full name and number of the airport security permit of the escorted and guided vehicle operator; number of the airport security license of the escorted and guided vehicle. The escort and guiding shall satisfy the following requirements:
a) The escort must regularly supervise activities of the escorted vehicle; promptly instruct the escorted vehicle operator in security and safety regulations; take preventive measures or notify the aviation security control unit or competent agency’s person performing his/her duties nearby if any violation committed by the escorted vehicle operator is discovered;
b) The guiding vehicle must take the leading position and keep a safe distance from the guided vehicle, ensuring that its movement, stopping, and parking comply with safety regulations, especially when operating in the air operations area. Promptly instruct the guided vehicle operator in security and safety regulations; take preventive measures or notify the aviation security control force or competent agency’s person performing his/her duties nearby if any violation committed by the guided vehicle operator is discovered.
8. Vehicles operating within restricted areas shall travel in the proper lane and at permissible speed, stop and are parked at the designated location; be subject to checks and oversight, and vehicle operators shall follow the instructions of aviation security control forces in performance of their duties.
9. The audio and video recording in restricted areas as prescribed in clause 1 Article 9 of this Circular or at aviation security checkpoints or working places of state management agencies at an airport or aerodrome must be subject to written permission by the supervisory authority, except the following cases:
a) The audio and video recording of information and documents classified as state secrets shall comply with regulations on protection of state secrets;
b) The audio and video recording is made at lounges and baggage reclaim areas other than aviation security checkpoints;
c) State management agencies or aviation security control forces make audio and video recordings for official duty purposes within their jurisdiction.
10. Noticeable warning signs must be put up at locations where audio and video recording are prohibited but to which passengers and people may have access.
11. In case of performing emergency and rescue duties, the head of the agency or unit managing the persons and vehicles participating in performing emergency and rescue duties shall cooperate with the aviation security control force of the unit managing the restricted area in controlling activities of persons and vehicles without the airport security permit/license.
12. In a restricted area, the integrity of checked baggage, cargo and mail must be ensured:
a) Heads of agencies and units operating at airports and aerodromes shall organize the implementation of measures against baggage, cargo and mail theft within their jurisdiction. The aviation security control unit shall supervise the adherence to this provision by agencies and units;
b) Airport and aerodrome operators, cargo service enterprises and ground service enterprises shall inspect and supervise the compliance with procedures and standards for baggage and cargo handling;
c) Airport and aerodrome operators shall preside over and cooperate with aviation security control units at airports and aerodromes in promulgating specific provisions on lists of persons and vehicles allowed to enter and leave each specific gate, door and passageway; aviation security control units shall stipulate lists of carry-on items that have to be registered or declared at aviation security checkpoints before entering restricted areas; items prohibited from being carried on one’s person into restricted areas;
d) Airlines shall communicate and propagate regulations on the carriage of valuable items in checked baggage; procedures for filing complaints and lawsuits and claiming compensation in the case of loss of baggage during carriage;
dd) Measures for property theft prevention shall be elaborated in enterprises’ ASPs.
Article 11. Regulations on introduction of dangerous articles into restricted areas
1. The introduction, management and use of dangerous articles into and in a restricted area shall be elaborated in ASPs of aviation security control units according to the list of dangerous articles prohibited or restricted from being carried on one’s person or either in or as baggage into restricted areas or on board aircraft promulgated by the Immigration Department.
2. Any unit using dangerous articles for the performance of duties of agencies and units in restricted areas of an airport or aerodrome shall register with an aviation security control force. The aviation security control force shall inspect and supervise the introduction of dangerous articles into and out of restricted areas
3. The unit using dangerous articles for the performance of duties of agencies and units in restricted areas shall organize management of and take responsibility for the management and use of, and assurance of security and safety of dangerous articles as prescribed in clause 2 of this Article.
Article 12. Aviation security checkpoints at gates, doors and passageways
1. Aviation security checkpoints shall be established at the following locations:
a) Gates, doors and passageways from restricted areas to other areas;
b) Gates, doors and passageways from restricted areas designated for exclusive use that provide access from public areas to other restricted areas.
2. At each aviation security checkpoint (except the aviation security checkpoint from a public area to a temporarily established restricted area), the following documents or electronic data must be available:
a) Procedures for checking persons, items and vehicles entering and leaving restricted areas;
b) Template of airport security permit/license used to enter restricted areas; template of aviation security inspector card;
c) List of persons and vehicles whose permit/license is lost or revoked but is not returned;
d) Directory, templates, records and forms of registration of dangerous articles, vehicles and objects brought to restricted areas; list of carry-on items that have to be registered or declared at aviation security checkpoints before entering restricted areas; items prohibited from being carried on one’s person into restricted areas;
dd) Shift handover logbook or electronic document that records security checks and oversight and results thereof.
3. Appropriate signs, security officers and personnel and equipment must be available at each aviation security checkpoint to ensure the continuity of aviation security checks. Gates, doors and movable fences at aviation security checkpoints shall be always kept locked and only opened for entry of checked and eligible persons and vehicles.
Article 13. Security oversight, patrol and guard in restricted areas
1. An aviation security control force shall conduct continuous oversight of passengers, persons and vehicles operating in restricted areas by adopting appropriate measures to discover suspicious behaviors and promptly prevent violations; check and handle unattended baggage and items and take other aviation security measures.
2. The aviation security control force shall carry out patrol and guard to promptly prevent persons, vehicles and livestock from entering restricted areas or violating aviation security and safety regulations; is entitled to employ enlistees to perform duties to carry out patrols and protect targets, gates, and guard posts at an airport or aerodrome.
3. At a military and civil joint use airport or aerodrome, the aviation security control force shall agree in writing with the military unit based at the airport or aerodrome about patrolling, guarding and protecting the area between the area used for civil aviation activities and the area used for military activities.
4. The organization of oversight, patrol and guard shall be elaborated in ASPs of aviation security assurance units and aviation service enterprises.
Article 14. Security checks and oversight of persons, vehicles and items upon entry into, exit from and operation in restricted areas, except passengers, baggage, cargo, mail and items carried on board aircraft
1. Every aviation security control force shall conduct security checks and oversight of persons, vehicles and items introduced into and taken out of and operating in restricted areas.
2. When persons, vehicles and items introduced into a restricted area undergo aviation security check, the following must be checked:
a) Airport security permit/license;
b) Persons, carry-on items; cargo and items used in restricted areas and necessary documents (if any);
c) Vehicles and items on vehicles.
3. When persons, vehicles, cargo and items taken out of a restricted area shall undergo aviation security checks by the aviation security control force if they are suspected of property theft, smuggling and trade fraud or in the case of applying strengthened aviation security assurance measures or under the direction of a competent state agency. The following shall be checked:
a) Airport security permit/license;
b) Persons, carry-on items and necessary documents (if any);
c) Vehicles and items on vehicles.
4. Persons must be checked as follows:
a) Visually check their airport security permits;
b) Check persons through the door-frame metal detector and hand-held metal detector at checkpoints equipped with door-frame and hand-held metal detectors. In case the door-frame metal detector or hand-held metal detector triggers an alarm, conduct a manual check. It is required to manually check at least 5% of persons walking through the door-frame metal detector in case the door-frame metal detector or hand-held metal detector does not trigger any alarm. A manual check shall be such that it is conducted continuously during operating hours of a security checkpoint in a day;
c) Conduct manual checks at checkpoints not equipped with door-frame and hand-held metal detectors;
d) Sequence and ways of permit check, procedures for manual check and use of door-frame and hand-held metal detectors and procedures for door-frame metal detector check shall be elaborated in ASPs of aviation service enterprises.
5. Items must be checked as follows:
a) Check items using a scanner at locations where it is available. In the case of suspicion, conduct a manual check;
b) Conduct manual checks of items at points where scanners are not available;
c) Sequence and ways of manual check and scanner check shall be elaborated in ASPs of units and enterprises providing aviation services.
6. A vehicle must be checked as follows:
a) Request the vehicle operator and persons on the vehicle to leave the vehicle;
b) Check the vehicle license;
c) Physically check the exterior of the vehicle;
d) Use a mirror to check the undercarriage and the upper surface of the vehicle;
dd) Manually check the inside of the vehicle’s cockpit and engine compartment;
e) Check the passenger and cargo compartments of the vehicle (unless the cargo compartment is sealed as prescribed);
g) Check seals of the vehicle and the cargo transported on it;
h) Sequence and ways of manual check and use of mirror for checking of undercarriage and upper surface of the vehicle shall be elaborated in ASPs of units and enterprises providing aviation services.
7. Regulations on control of items carried into and out of a restricted area:
a) A declaration made using the form in the Appendix XX hereto shall be retained at the aviation security checkpoint. The aviation security control force shall check items carried into and out of the restricted areas at the aviation security checkpoint and conduct a random or spot check when suspicion exists;
b) In case a person carrying items on the list of items that have to be registered or declared at aviation security checkpoints regularly enters or leaves restricted areas of an airport or aerodrome, the authority, unit or enterprise managing him/her shall send a list of personnel and carry-on items regularly entering and leaving restricted areas to the aviation security control force for comparison and control;
c) In case a person not included or included in the list in point b of this clause carries any item which is not included in the registered list or exceeds the registered quantity through the aviation security checkpoint, he/she is required to declare the item carried into and out of the restricted area according to the form in Appendix XXVI hereto. Entry and exit must be carried out through the same door. At the aviation security checkpoint, the aviation security control force must collect the declaration and compare it against the items carried into and out of the restricted area and record the change to quantity of the items used in the restricted area (if any);
d) The aviation security control force shall stipulate a specific list and procedures for registering and controlling items carried into and out of airport/aerodrome restricted areas;
dd) Books or electronic documents about control of items carried into and out of restricted areas must be managed and archived in accordance with regulations on archives.
8. Procedures for aviation security checks and oversight of each restricted area shall be outlined in ASPs of enterprises and units.
Article 15. Regulatory and directional signs in public areas of airports and aerodromes
Airport and aerodrome operators shall preside over and cooperate with aviation security control forces, aviation service enterprises, public security authorities and traffic authorities in diverting traffic and putting up regulatory and directional signs on internal public roads and in parking lots, passenger pickup areas and other public areas which the airport and aerodrome operators have the responsibility to manage and operate.
Article 16. Security checks and oversight in public areas of airports and aerodromes and structures adjacent to terminals, aerodromes, aviation structures
1. Persons and vehicles traveling and operating in public areas shall comply with regulations of the law on road traffic, regulations of airports and aerodromes, instructions given by aviation security control forces and regulations on aviation security and safety assurance, social order and safety, and ensure politeness and civilization.
2. Aviation security control units shall preside over and cooperate with relevant units in deciding the number, locations and operating hours of aviation security checkpoints. Aviation security control units shall preside over and cooperate with airport and aerodrome operators in diverting traffic and prescribe stopping and parking time in passenger pickup areas and service areas of service enterprises in public areas of airports.
3. Aviation security control units shall deploy personnel to control aviation security, give traffic instructions to persons and vehicles; regulate the number of persons and vehicles entering and operating in the car parking areas, internal traffic areas, check-in areas and other public areas of airports and aerodromes; cooperate with related forces in maintaining order in public areas of airports and aerodromes; cooperate with public security and army forces and local governments in the cases where it is necessary to strengthen assurance of aviation security and public order, and handle violations.
4. The deployment of patrol and oversight forces and specialized equipment, and establishment of security check and oversight sequence shall ensure that unattended items, baggage, cargo and vehicles, and acts of disruption and violation of law committed in public areas of airports and aerodromes are promptly discovered and handled, and must be outlined in ASPs of aviation security control units.
5. Air passengers’ or visitors’ items, baggage and property sent at the air cargo center in a public area of a passenger terminal shall undergo aviation security check using appropriate measures before being accepted.
6. Regarding cargo terminals and cargo warehouses, units managing and operating such cargo terminals and cargo warehouses shall divert traffic; prescribe stopping and parking time, regulate the number of persons and vehicles entering and operating in cargo terminals and cargo warehouses; designate areas for loading, unloading and parking, service areas of service enterprises, check-in areas and other public areas for which they have responsibility; cooperate with aviation security control units, public security and police forces, and local governments in maintaining public order at airports and aerodromes if it is necessary to strengthen assurance of aviation security and public order, and handle violations.
7. Aviation security control units shall preside over and cooperate with airport and aerodrome operators, related units and enterprises shall provide and install appropriate barriers or carry out security controls using measures suitable for aviation security risk assessment so as to prevent persons and vehicles from unauthorized access or prevent the illegal introduction or throwing of items to restricted areas.
8. Control points must be established along roads in front of doors of passenger terminals and cargo terminals, and in motorcycle and automobile parking lots in front of passenger terminals and cargo terminals in order to regulate the flow of motorcycles and automobiles entering and exiting and conduct aviation security checks if necessary. A short-term motorcycle and automobile parking lot (allowing parking of motorcycles and automobiles for less than 24 hours) must not be located adjacent to terminals (except for parking lots intended for cargo and mail vehicles approaching cargo terminals and cargo warehouses for cargo and mail loading and unloading), air traffic control tower, station supplying power to terminals and station supplying power to air traffic control towers.
9. The road in front of doors of a terminal serving arriving passengers or road near the air traffic control tower must be at least 30 meters from the terminal or air traffic control tower (except roads designated for internal vehicles, priority vehicles, official-duty vehicles, emergency service vehicles). Fixed or mobile barriers must be erected adjacent to the road in front of doors of the passenger terminal or cargo terminal to prevent vehicles from attacking the terminal or aerodrome. This provision applies to terminals and air traffic control towers for which the design is approved after the effective date of this Circular.
Article 17. Assurance of security in the vicinity of airports and aerodromes
1. An aviation security control unit and airport or aerodrome operator shall preside over and cooperate with the related People’s Committee and local public security force in propagating regulations on aviation security to the people living in the vicinity of the airport or aerodrome.
2. The local public security force shall cooperate with relevant People’s Committee and aviation security control unit in complying with aviation security regulations, formulating and implementing plans to prevent acts of unlawful interference and preventing violations against the law in the vicinity of the airport or aerodrome.
3. Professional units under the Ministry of Public Security and provincial Public Security Departments shall cooperate with the competent agency under the Ministry of National Defense, provincial Military Commands and relevant local agencies and units in assessing locations where aircraft are potentially vulnerable to attack by man-portable air-defense systems or unmanned aerial vehicles and other types of weapons during take-off and landing phases, in order to organize the formulation and implementation of prevention and interdiction plans.
4. Aviation security control forces of agencies and units shall cooperate with relevant local public security authorities in patrolling in the vicinity of airports and aerodromes, restricted areas outside airports and aerodromes upon request in order to promptly discover and handle violations of law.
Section 2. PRE-FLIGHT SECURITY CHECKS AND OVERSIGHT FOR COMMERCIAL AIR TRANSPORT
1. Cases in which aviation security sealing is required after check:
a) Cargo and mail containers, pallets for handling bulk cargo, lost baggage and unclaimed baggage, catering carts and stores;
b) Containers of aircraft stores and supplies, except those serving aircraft maintenance and repair;
c) For a vehicle used to fill aircraft, its inlet and exhaust ports must be sealed after receiving fuel. The doors of aircraft not in service must be sealed.
2. Security sealing shall be such that security seals cannot be removed after being affixed or they will be damaged if they are removed; the size and type of security stamp or wire seal must be appropriate to the item to be sealed. The Immigration Department shall provide detailed guidelines on the control and use of aviation security seals.
3. Templates of security stamps and security wires, and regime for management, inventorying, issuance and use of security stamps and wires must be elaborated in ASPs of aviation enterprises. Requirements for security sealing are provided in the Appendix VIII hereto.
Article 19. Security checks and oversight of departing passengers and their carry-on baggage
1. An airline shall only be allowed to agree to carry a passenger and let him/her board an aircraft if he/she satisfies the following requirements:
a) The passenger has a boarding pass and identification documents (or his/her biometric authentication data or electronic personal identification information legally equivalent to identification documents) as prescribed in Appendix IX to this Circular; verification and comparison have been carried out to ensure the consistency between the passenger and the documents (or electronic personal identification information legally equivalent to identification documents or biometric authentication data) and the flight;
b) The passenger and his/her baggage has undergone an aviation security check;
2. Any passenger with checked baggage, except for the cases specified in clauses 3 and 4 of this Article, must be present at the check-in counter to complete check-in procedures. A check-in agent must check and compare the passenger against his/her boarding pass or ticket and identification documents as prescribed in point a clause 1 of this Article, and ask them about his/her baggage. In case of any suspicion, notify the person in charge of security at the aviation security checkpoint.
3. A passenger may authorize another person to follow check-in procedures on his/her behalf in the following cases:
a) The mission is composed of a member of the Political Bureau, member of the Central Committee of the Communist Party of Vietnam (CPV), alternate member of CPV Central Committee, Minister and the equivalent or higher positions; former member of the Politburo, former Secretary of CPV Central Committee, former Vice State President, former Vice Chairperson of the National Assembly, former Deputy Prime Minister; Secretary or Deputy Secretary of the Party Committee of a province or central-affiliated city; Chairperson of the People’s Council, Chairperson of the People’s Committee of a province or central-affiliated city; Deputy Minister of Public Security; Deputy Minister of Construction; Deputy Minister of National Defense, Deputy Chief of the General Staff, Director General of Operations Department of the General Staff, Chief or Vice Chief of General Political Department of Vietnam People’s Army;
b) Emergency cases which the Director General of the Immigration Department decides and takes responsibility for.
4. Passengers without checked baggage may check in themselves through the online check-in system or self check-in kiosks permitted by airlines and relevant competent agencies.
5. 100% of passengers and their carry-on baggage must undergo security screening before entering a restricted area, except for the case of exemption from aviation security check as prescribed; any passenger who refuses to undergo security screening will be refused carriage.
6. Every aviation security control unit shall deploy sufficient personnel to check and compare identification documents (or biometric authentication data or electronic personal identification information legally equivalent to identification documents) of passengers against their tickets and boarding passes, whether in paper form or on their electronic devices.
7. At each aviation security checkpoint, there must be rooms for aviation security search; scanners, door-frame metal detectors (or full-body scanners), hand-held metal detectors, explosive detection tools and devices, communication devices and other necessary devices and tools.
8. At each aviation security checkpoint, adequate aviation security control personnel must be deployed to fully and effectively perform the following duties:
a) Instruct passengers to place their personal belongings, baggage and items on the conveyor belt of the scanner;
b) Check passengers using hand-held metal detectors, explosive detection tools or devices, conduct manual checks and search of passengers;
c) Monitor the scanner monitor; this duty shall be performed continuously for no more than 30 minutes, and may only be resumed after a minimum interval of 15 minutes;
d) Receive baggage and items to be screened at the request of the officer monitoring the screen of the scanner and transfer them to the officer conducting manual checks and searches;
dd) Conduct manual checks or searches of carry-on baggage and items;
e) The shift chief shall direct, manage and supervise all duties performed at the aviation security checkpoint; rotate duties of officers during each shift; resolve difficulties and handle violations reported.
9. Each passenger must comply with all instructions and requests of the aviation security control force, and follow passenger and carry-on baggage screening procedures as follows:
a) The passenger produces his/her identification documents (or his/her biometric authentication data or electronic personal identification information legally equivalent to identification documents); takes off his/her coat, hat, shoes and belt, and removes his/her personal belongings and other carry-on items; puts items, liquids and electronic devices on a tray to be passed through the scanner before walking through the door-frame metal detector;
b) When the passenger walks through the hand-held metal detector or full-body scanner (if available) and the hand-held metal detector or full-body scanner triggers alarms or the passenger shows any suspicious sign, the aviation security control officer uses a hand-held metal detector and conduct a manual check of the passenger;
c) The passenger puts his/her carry-on baggage on the conveyor belt to be passed through the scanner. In the case of suspicion, the aviation security control officer conducts a manual check or security search as prescribed.
10. Passengers and their carry-on baggage that have completed aviation security procedures shall be under continuous surveillance by CCTV cameras or under direct surveillance by the aviation security control officer or by the two aforementioned methods until they board the aircraft.
11. An aviation security check of disabled passengers, war invalids, patients on wheelchairs or stretchers and with medical aids implanted on them shall be conducted manually or by other appropriate methods at appropriate locations.
12. Manual checks of passengers and their carry-on baggage shall be conducted at aviation security checkpoints or in security search rooms. The manual check of a passenger at the aviation security checkpoint must be conducted by an officer of the same gender. Where necessary, a female officer may check a male passenger. The manual check in the search room must be conducted by an officer of the same gender, witnessed by a third person of the same gender, and documented in a record.
13. In case of discovering any dangerous article not allowed to be carried on one’s person or either as or in carry-on baggage on board the aircraft, the aviation security control officer shall comply with the regulations specified in Article 40 of this Circular.
14. A random check (including a manual check or check using an explosive detection tool or device or explosive detection animal) of passengers and their carry-on baggage shall be additionally conducted with a percentage of at least 10% after the first aviation security check. The random manual check shall be conducted at an aviation security checkpoint or the passenger shall be taken to a security search room upon request (of the passenger or competent agency). The manual check shall be such that it is conducted continuously during operating hours of a security checkpoint in a day. Methods and procedures for manual checks of passengers and their carry-on baggage shall be elaborated in ASPs of aviation security control units.
15. Procedures for security checks and oversight of passengers and their carry-on baggage shall be elaborated in ASPs of aviation security control units.
Article 20. Aviation security checks and oversight of transit, transfer and domestic stopover passengers and their carry-on baggage
1. In case transit passengers and passengers having a domestic stop are retained on board an aircraft, such aircraft must be under continuous surveillance by CCTV cameras or under direct surveillance by the aviation security control officer or by the two aforementioned methods until the departure and passengers are not permitted to disembark.
2. Transit, transfer or domestic stopover passengers who disembark from an aircraft must carry all their personal belongings and carry-on baggage with them and must not leave any item on board the aircraft.
3. The aircraft operator shall conduct checks to ensure that, transfer, transit or domestic stopover passengers who disembark from the aircraft take all their personal belongings and carry-on baggage with them and do not leave any item on board the aircraft.
4. Transfer, transit or domestic stopover passengers must undergo aviation security screening before boarding as the departing passengers, unless the following requirements are satisfied:
a) A transfer, transit or domestic stopover tag is attached to passengers;
b) Since the disembarkation, passengers do not leave the restricted area or are subject to continuous security oversight; at the same time, they must be separated from their checked baggage and the baggage claim area;
c) There is an agreement between Vietnam and the State from which the aircraft departs for Vietnam on the recognition of equivalence of security measures or a one-stop security agreement.
5. Procedures for security checks and oversight of transit, transfer and domestic stopover passengers and their carry-on baggage shall be elaborated in ASPs of aviation security control units.
6. The Director General of the Immigration Department shall decide the application of aviation security screening measures for passengers, crew, their baggage and cargo on inbound flights based on the assessment and determination of aviation security risks or at the request of a competent agency; the screening procedures are specified in Article 19 of this Circular.
Article 21. Security checks and oversight of crew members
1. An aircraft operator shall send a crew list to the aviation security control force before the crew undergo aviation security check. The crew must wear uniform, pack their baggage themselves and be only allowed to carry baggage as prescribed in clause 4 of this Article.
2. All crew members shall present their crew identification badges at the aviation security checkpoint. The aviation security control officer shall check and compare the crew list provided by the aircraft operator against the crew identification badges.
3. Departing crew members and their baggage must undergo aviation security checks and oversight in accordance with the same regulations as those applicable to departing passengers; transit or transfer crew members and their baggage must be subject to aviation security control in accordance with the same regulations as those applicable to transit or transfer passengers and their baggage, except the case specified in clause 6 of this Article.
4. Every airline shall elaborate the control of baggage and items of crew upon their embarkation in its ASP.
5. Procedures for security checks and oversight of crew and their carry-on baggage shall be elaborated in ASPs of aviation security control units.
6. In case a crew member on a domestic flight and his/her baggage, after completing a flight from one airport, joins the subsequent domestic flight as a crew member to another airport:
a) If the crew member has left the restricted area, upon re-entering it to taking the flight, the crew member and his/her carry-on baggage are required to undergo aviation security check and screening at the designated crew security checkpoint;
b) If the crew member has not left the restricted area, the crew member and his/her carry-on baggage are not required to undergo a re-check, unless the re-check is required due to an emergency reason or aviation security risk in accordance with regulations;
c) In both cases, airlines are required to closely coordinate with aviation security control units to implement measures for the prevention of smuggling and trade fraud in accordance with regulations.
Article 22. Aviation security checks of checked baggage
1. The check-in agent shall request each passenger to determine whether the checked baggage belongs to him/her before accepting it for carriage, and the group check-in is not permitted, except the case specified in clause 3 Article 19 of this Circular; where any suspicious sign is detected, notify the aviation security control officer for a strengthened check.
2. Checked baggage of departing or transfer passengers shall undergo an aviation security check by a scanner. In the case of suspicion, conduct a manual check or a check using an explosive detection tool or device or other appropriate methods. Where there are signs of, or intelligence concerning, threats to the security and safety of a flight, checked baggage must be subject to an aviation security search.
3. At each aviation security checkpoint, adequate aviation security control personnel must be deployed to fully and effectively perform the following duties:
a) Monitor the scanner monitor; this duty shall be performed continuously for no more than 30 minutes, and may only be resumed after a minimum interval of 15 minutes;
b) Conduct manual checks or searches;
c) The shift chief shall direct, manage and supervise all duties performed at the aviation security checkpoint.
4. Sequence and procedures for security checks and oversight of checked baggage shall be elaborated in ASPs of aviation security control units.
5. A manual check of checked baggage shall be conducted in the presence of the baggage owner or his/her legal representative or representative of the airline, except in the case of emergency.
6. Transfer, transit or domestic stopover checked baggage that has been offloaded from the aircraft shall, prior to being reloaded, undergo an aviation security check as applicable to departing checked baggage, unless the following requirements are met:
a) The baggage does not leave the apron or is subject to continuous aviation security oversight from the time it is offloaded from the aircraft until it is reloaded;
b) The baggage bears a transit, transfer or domestic stopover tag;
c) The baggage is reconciled with the passenger or with the crew (if the baggage belongs to the crew);
d) There is an agreement between Vietnam and the State from which the aircraft departs for Vietnam on the recognition of equivalence of security measures or a one-stop security agreement.
7. Each airline shall provide for specific methods for passenger and baggage reconciliation in the case specified in point c clause 6 of this Article in its ASP.
Article 23. Aviation security oversight of checked baggage
1. After completing carriage acceptance and security check procedures, checked baggage of departing, transfer or transit passengers shall under continuous surveillance by CCTV cameras or under direct surveillance by the aviation security control officer or by the two aforementioned methods until it is loaded onto the aircraft; shall be protected by appropriate methods until the aircraft departs; access by unauthorized persons to checked baggage is prohibited.
2. Checked baggage carousel area and checked baggage sorting area shall be kept under continuous control and surveillance by CCTV cameras or under direct surveillance by the aviation security control officer or by the two aforementioned methods; access to these areas by unauthorized persons is prohibited.
3. Enterprises providing services for the transport of checked baggage between the terminal and the aircraft, and vice versa, shall implement measures to prevent loss of property in checked baggage that is denied transport from being put on carousels or baggage trucks.
4. If checked baggage is torn or broken, zippers on it come apart, it no longer remains intact before being loaded onto the aircraft or is suspected of being subjected to unlawful interference, it must be subject to an aviation security re-check. The security re-check must be documented in a record. Specific responsibilities of organizations and individuals for ensuring integrity of baggage, and specific procedures for managing, controlling and handling baggage that is no longer intact before being loaded onto aircraft or is suspected of being subjected to unlawful interference shall be defined in ASPs of enterprises and aviation security control units.
Article 24. Passenger and baggage reconciliation
1. Checked baggage shall be carried on the same flight as the passenger, except the following cases:
a) The baggage is carried as lost baggage;
b) The baggage is retained by reason of flight security or safety;
c) The baggage is carried as a diplomatic pouch or consular pouch;
d) A passenger dies on board the aircraft and his/her corpse is removed from the aircraft;
dd) The baggage is transported as cargo;
e) Force majeure cases.
2. An airline or aircraft operator shall ensure that:
a) Each piece of checked baggage shall bear a baggage tag indicating the flight number, date and identification number of the piece;
b) Prior to aircraft departure, a checked baggage manifest shall be prepared and checked baggage shall be reconciled against the passenger and crew lists;
c) The manifest of checked baggage loaded onto the aircraft shall be signed.
3. In the cases where a passenger has been issued with a boarding pass but is not present to take the flight or a crew member does not join the flight, the airline shall ensure that all pieces of baggage of such passenger or crew member is offloaded from the aircraft prior to departure.
4. Except diplomatic pouches and consular pouches, one of the following security check measures shall apply to the checked baggage not transported together as the passenger as prescribed in clause 1 of this Article and the application of a measure must be documented in a record:
a) Screening by a scanner with items positioned in different orientations;
b) Check by an explosive detection tool or device.
5. Each aircraft operator shall provide for specific methods for passenger and baggage reconciliation in its ASP.
6. The airline shall notify an aviation security control force of cases where checked baggage is not carried on the same flight as the passenger as follows:
a) For a transit or transfer flight: a notification shall be made at the time of check-in for the onward flight segment in respect of such baggage;
b) For a departing flight: a notification shall be made at the time of acceptance of the baggage for carriage.
Article 25. Storage of lost baggage, unclaimed baggage; unattended items and baggage
1. Each passenger terminal operation service enterprise shall designate an area for storage of lost baggage, unclaimed baggage, and unattended items and baggage until such baggage and items moved away. The item and baggage storage area shall be protected, and unauthorized entry to this area is prohibited. Protection measures shall be elaborated in ASPs of aviation service providers.
2. Airlines and passenger and baggage service enterprises shall retain and prepare a lost and unclaimed baggage logbook, which specifies the quantity, weight, flight, flight route and handling measures. Lost and unclaimed baggage shall undergo aviation security screening and be security sealed before being moved to the storage area and loaded onto aircraft.
3. Where there are signs of, or intelligence concerning, threats to the security and safety of a flight, lost or unclaimed baggage must be subject to an aviation security search.
4. When finding any unattended item or baggage, the agency or unit is required to immediately inform the aviation security control force for initial actions. If the unattended item or baggage is stored in the lost and unclaimed baggage storage area, it shall be stored in accordance with the same regulations as those applicable to the lost baggage or unclaimed baggage.
Article 26. Security checks and oversight of diplomatic pouches and consular pouches
1. Diplomatic pouches and consular pouches shall be exempt from screening, manual checks and searches, except for the case specified in clause 5 of this Article.
2. A check of diplomatic pouches or consular pouches shall be conducted by the aviation security control force as follows:
a) Check the security seals and visible external signs of the diplomatic pouches or consular pouches as prescribed by the law on diplomatic and consular affairs;
b) Check the passport, diplomatic pouch or consular pouch authorization letter and written confirmation of number of pieces of diplomatic pouches or consular pouches provided by the diplomatic mission or consular office.
3. If there are reasonable grounds to believe that a diplomatic pouch/consular pouch contains dangerous articles prohibited from being carried on board aircraft, the pouch shall be refused carriage. Upon refusal, it is required to make a record specifying reasons thereof and confirmation from the diplomatic or consular liaison officer and aviation security control force. The record shall be sent to the diplomatic mission or consular office.
4. Diplomatic passport holders, diplomatic liaison officers, consular liaison officers or representatives of diplomatic missions or consular offices, diplomatic missions and items carried with them, when entering restricted areas to send or travelling with diplomatic pouches or consular pouches, shall undergo an aviation security check as prescribed in Articles 14 and 19 of this Circular.
5. Diplomatic pouches or consular pouches will undergo screening if the airline submits a written request to the head of the aviation security control unit at the airport or aerodrome and obtains consent of the diplomatic or consular liaison officer. Such screening shall be documented in a record which bears confirmations of the airline, the diplomatic or consular liaison officer, and the aviation security control force; the record must be sent to the diplomatic mission or consular office.
6. Procedures for security check of diplomatic pouches and consular pouches must be elaborated in ASPs of aviation security control units.
Article 27. Security checks and oversight of crew members, passengers, baggage and cargo on VIP flights on private planes and VIP flights on commercial planes
1. Security checks and oversight of crew members, passengers, baggage and cargo on VIP flights on private planes and VIP flights on commercial planes shall be carried out by an aviation security control force and comply with the provisions set forth under Articles 19, 21, 22, 23 and 28 of this Circular, unless the VIP Protection Command under the Ministry of Public Security carries out checks and oversight.
2. The Immigration Department shall cooperate with the VIP Protection Command under the Ministry of Public Security and relevant authorities in security checks and oversight of crew members, passengers, baggage and cargo on VIP flights on private planes and VIP flights on commercial planes.
3. Exemption from security checks regarding VIP flights on private planes and VIP flights on commercial planes shall comply with regulations on assurance of VIP flights on private planes and VIP flights on commercial planes.
Article 28. Security checks and oversight of cargo and mail
1. 100% of departing cargo and mail shall be subject to aviation security check by screening method, except the case mentioned in clause 7 of this Article and cases of exempting special items from screening as prescribed in Article 30 of this Circular. Where suspicion exists, it is required to conduct a manual check or adopt other appropriate methods. The screening method must be appropriate to the nature and type of cargo. The manual check shall be conducted in the presence of the owner or legal representative or representative of the airline. Where there are signs of, or intelligence concerning, threats to the security and safety of a flight, the cargo or mail must be subject to an aviation security search. Sequence and procedures for security checks and oversight of cargo and mail shall be elaborated in ASPs of aviation enterprises and aviation security control units.
2. High-risk cargo or mail shall be subject to supplementary or enhanced aviation security check measures as appropriate. The determination of high-risk cargo or mail and the application of supplementary and enhanced aviation security check measures shall be elaborated in ASPs of airlines, aviation security control units and relevant enterprises.
3. In the case of aviation security screening of cargo and mail by scanners at an airport or aerodrome or aviation warehouse, at each aviation security checkpoint for cargo and mail, sufficient aviation security control personnel must be adequately deployed to fully and effectively perform the following duties:
a) Check documents (consignor’s declaration, customs clearance for consignments carried on international flights), document each checked consignment of cargo; conduct manual security checks and searches; conduct checks using explosive detection tools or devices;
b) Monitor the scanner monitor; this duty shall be performed continuously for no more than 30 minutes, and may only be resumed after a minimum interval of 15 minutes;
c) Carry out security sealing;
d) The shift chief shall direct, manage and supervise all duties performed at the aviation security checkpoint.
4. After undergoing an aviation security check, cargo or mail shall be subject to continuous security oversight by an appropriate method until loaded onto an aircraft. When the cargo or mail is found to be tampered with or lacking security seals before being loaded on to the aircraft, the cargo and mail handling personnel shall promptly inform the aviation security control force. The aviation security control force shall take appropriate security re-check measures in order to discover or prevent dangerous articles as prescribed. The aircraft operator shall control cargo and mail carried on board the aircraft as prescribed.
5. Where departing cargo or mail has undergone an aviation security check buts has to be transported through non-restricted areas to the aircraft, the vehicle transporting such cargo or mail must be escorted or subject to continuous oversight by an appropriate method during its transport to prevent unauthorized introduction of dangerous articles into the cargo or mail.
6. Transit and transfer cargo and mail shall be subject to aviation security screening and oversight as departing cargo and mail, except the provision set out in clause 7 of this Article.
7. Transfer or transit cargo or mail is not required to undergo any security check if there is a security declaration proving that 100% of the transfer or transit cargo or mail have undergone a security check at the point of departure and fall into one of the following cases:
a) The transit or transfer cargo or mail does not leave the aircraft, apron or restricted area and is subject to continuous and appropriate aviation security oversight;
b) The cargo or mail that is transported from the apron to the cargo storage area through a non-restricted area and vice versa is sealed and subject to continuous security oversight by an appropriate method during its transport to prevent unauthorized introduction of dangerous articles into the cargo or mail.
8. Departing cargo or mail must have its security status recorded in a paper or electronic document. Such document shall accompany the cargo or mail throughout the air transport journey. The airline carrying transfer or transit cargo or mail shall provide the security declaration to the aviation security control force at the transfer or transit airport and to the onward airline. The Immigration Department shall issue guidance on recording security status of cargo and mail and sending documents on security status of cargo and mail along with cargo and mail.
9. Operations dossiers on cargo, mail, weapons, explosives and support tools and records shall be archived as prescribed by the law on archives.
Article 29. Security checks and oversight of cargo and mail at off-airport facilities
1. Only a cargo and mail handling facility with a great volume of cargo and mail transported by air which satisfies all conditions regarding infrastructure and human resource for aviation security assurance and have its ASP approved by the Immigration Department is permitted to establish a security checkpoint for cargo and mail at an off-airport or off-aerodrome facility.
2. On the basis of ensuring aviation security and protecting interests of relevant parties, the Immigration Department shall permit aviation security control units to provide security check and oversight services for cargo and mail at off-airport and -aerodrome facilities.
3. An enterprise managing the cargo and mail handling facility shall ensure security and protect the facility in accordance with the approved ASP; implement appropriate aviation security control and oversight measures for cargo and mail upon acceptance, storage, and transport of cargo and mail after aviation security checks to an airport or aerodrome.
4. An enterprise that manufactures or assembles and packages cargo of that enterprise to be transported by air will have its ASP appraised and approved by the Immigration Department if:
a) The cargo transported by air are standardized products with stable and precise structures; the manufacturing and assembly process undergo multiple stages of strict quality control for safety assurance;
b) The provisions laid down under clauses 1, 2 and 3 of this Article and Article 96 of this Circular are satisfied.
Article 30. Aviation security check of special articles
1. Corpse contained in a hermetically sealed zinc inner coffin transported by aircraft shall be exempt from screening and manual checks. The process of packaging and sealing the zinc inner coffin shall be supervised by a competent health authority. The zinc inner coffin shall remain sealed and be accompanied by a written confirmation provided by the competent health facility together with a death certificate..
2. Products made from blood, human organs for transplantation, vaccine and pharmaceutical products that must remain sealed shall be exempt from screening and manual checks. Containers shall be sealed and accompanied by a written confirmation provided by a competent health facility.
3. The exemption from screening and manual checks shall apply to dangerous cargo of which screening or manual checks will endanger the life and health of aviation security control personnel, such as materials for nuclear research and radioactive materials. The containers shall be sealed and accompanied by a written confirmation of status of safe packaging and written request of a competent agency.
4. Regarding bones and ashes, an aviation security check thereof shall be conducted as the normal cargo and baggage, unless an exemption from screening is requested by a relevant state agency or foreign diplomatic mission and the approval for the exemption from the head of the aviation security control unit at the airport/aerodrome must be obtained.
5. Live animals and perishable articles that cannot be checked using a scanner shall be manually checked or checked using by an appropriate method.
6. The carriage of dangerous cargo shall comply with regulations on air carriage of dangerous cargo. Dangerous cargo must be packaged and labeled as prescribed by law and declared before being accepted for carriage. Every airline shall inspect and confirm the compliance with regulations on air carriage of dangerous cargo before accepting it for transport. If any dangerous cargo is found during security check, the aviation security control force shall notify the carrier for its consideration and decision.
7. The carriage of medical devices classified as dangerous articles on board an aircraft for the care of patients and VVIPs must be requested in writing and approved by the airline representative and the head of the aviation security control unit at the airport or aerodrome.
8. The special articles mentioned in clauses 1, 2, 4, 5 and 7 of this Article must be checked using explosive detection tools and devices.
9. Procedures for security check of special articles must be elaborated in ASPs of aviation security control units.
Article 31. Security checks and oversight of meals
1. Enterprises manufacturing, processing and supplying airline meals (hereinafter referred to as “catering enterprises”) shall ensure aviation security of meals in accordance with their approved ASPs.
2. Catering areas must be protected; supplies, tools and objects brought into these areas must be kept under aviation security control and protection to prevent acts of unlawful interference; the entry into and operation in these areas require airport security permits and licenses. Appropriate security assurance measures for vehicles transporting meals from the supplying area through a non-restricted area to an aircraft must be implemented.
3. Samples of meals shall be retained for at least 24 hours from the time they are loaded onto an aircraft for service.
4. After undergoing a security check, carts and bags containing meals served on the aircraft must be security sealed. Only carts and bags containing meals which still have the original security seals affixed by the catering enterprise are permitted to enter airport/aerodrome restricted areas by the aviation security control unit and are accepted by the crew to be served on the aircraft.
5. If carts and bags containing meals are transported from another area to a restricted area without being security sealed or the security seals or the carts and bags containing meals are no longer intact, they must undergo security screening or manual check before being transported to the airport restricted area to be carried on board the aircraft and must be subject to continuous aviation security oversight.
6. Procedures for aviation security checks and oversight of meals shall be elaborated in ASPs of aviation security control units.
Article 32. Security checks and oversight of aircraft stores and supplies
1. Aircraft stores and supplies must be packed in containers or bags and undergo screening. Containers and bags of aircraft stores and supplies must be security sealed after undergoing aviation security screening (except items serving aircraft maintenance and repair) and be under continuous surveillance by CCTV cameras or under direct surveillance by the aviation security control force or by the two aforementioned methods until they are loaded onto the aircraft.
2. Areas for storage of aircraft stores and supplies must be protected; the entry into and operation in these areas require appropriate airport security permits and licenses.
3. Persons in charge of aircraft operation, maintenance and repair shall check and compare the number and type of items serving aircraft operation, maintenance and repair when loaded onto or unloaded from the aircraft. The check and comparison shall be documented in a record, which will be presented to the aviation security control force upon entering and leaving a restricted area.
4. Procedures for security checks and oversight of aircraft stores and supplies must be elaborated in ASPs of aviation security control units.
Article 33. Assurance of aviation security of aircraft fuel
1. Every fuel supplier shall ensure aviation security of fuel in accordance with its ASP approved by the Immigration Department.
2. Fuel farms and vehicles must be protected; the entry into and operation in these areas require appropriate airport security permits and licenses.
3. After receiving fuel to fill the aircraft, inlet and exhaust ports of aircraft refueling vehicles must be security sealed; the vehicles must be escorted and protected or subject to other appropriate security measures when traveling in non-restricted areas.
4. Aviation security control forces at airports and aerodromes shall check and oversee aircraft refueling vehicles before they enter aerodromes, and ensure that security seals attached to inlet and exhaust ports of aircraft refueling vehicles remain intact.
5. Procedures for security checks and oversight of aircraft fuel must be elaborated in ASPs of aviation security control units.
Article 34. Security checks and oversight of passengers who are suspects, defendants, prisoners, deported persons, extradited persons and persons arrested under wanted notices
1. When following aviation procedures, an escort shall present the escort order or escort decision issued by a competent agency.
2. The airline representative shall cooperate with the escort in assessing the risks to the transport of escortees and deciding to take appropriate measures to ensure security and safety; notify the aviation security control force at the airport or aerodrome of departure.
3. The escort and escortee may undergo a security check in a separate area. The escortee and his/her baggage and items shall undergo a manual check.
4. The aviation security control force shall cooperate with the escort in closely managing and supervising the process of loading and unloading the escortee from the aircraft.
5. The airline representative shall notify the pilot-in-command of the seat of the passenger who is a suspect, defendant, prisoner, deported person, extradited person or person arrested under a wanted notice as well as his/her escort and any support tools carried by him/her. The pilot-in-command shall notify the aviation security control force in the area where the aircraft is expected to land of necessary assistance (if any).
Article 35. Security checks and oversight of passengers refused entry and transit
1. Every airline shall be responsible for its passengers who are refused entry or transit by Vietnam and is obliged to:
a) Arrange the passengers’ departure out of Vietnam as soon as practicable;
b) Cooperate with the immigration control unit in impounding passengers’ identification documents and initiate procedures to get other documents issued by competent agencies for the purpose of transporting such passengers in case they do not have valid identification documents;
c) Notify the immigration control unit of the list of passengers, time and place where passengers refused entry or transit are managed. and the flight transporting the passengers out of Vietnam;
d) Keep identification documents or other documents issued by competent agencies and return them to passengers only when they have been transferred to the competent agency of the State of destination.
2. If an airline transports a passenger refused entry to a foreign country back to Vietnam, the airline shall cooperate with the competent agency of the home country to obtain the passenger’s identification documents or other documents issued by the competent agency of the home country for the purpose of transporting such passenger.
3. If a passenger refused entry or transit is managed and supervised at an airport or aerodrome, the aviation security control force shall manage and supervise him/her as prescribed by law. If a passenger refused entry or transit does not voluntarily return home, the airline shall request a security officer to escort him/her during flight, with a minimum of 01 security officer per 01 passenger.
4. The airline shall incur all costs in connection with passengers refused entry, except the case specified in clause 6 of this Article.
5. The airline representative shall notify the pilot-in-command of the seat of the passenger who is refused entry as well as his/her escort and any support tools carried by him/her. The pilot-in-command shall notify the aviation security control force at the airport or aerodrome or foreign authority in the area where the aircraft is expected to land of necessary assistance.
6. If a passenger holding foreign nationality has entered Vietnam and then left Vietnam for a third country but is refused entry and forced to return to Vietnam, the airline shall transport such passenger back to Vietnam and transfer him/her to the immigration control unit and shall cooperate with the immigration control unit in verifying his/her itinerary, personal identification information and nationality so as for competent agencies to take actions and provide assistance to the passenger until he or she departs from Vietnam.
Article 36. Security checks and oversight of passengers who are unable to control their behavior
1. A passenger who is unable to control his/her behavior is a passenger who loses consciousness or his/her ability to control his/her behavior due to his/her mental disorder or use of alcoholic beverages or stimulants.
2. The acceptance for carriage of a passenger with mental illness shall be assessed and decided by the airline representative. In case the airline accepts the carriage, the following requirements must be satisfied:
a) The passenger with mental illness shall be accompanied by his/her doctor or relative who is able to control his/her abnormal behavior. Where necessary, the passenger with mental illness should be anaesthetized before embarking the aircraft, and the duration of the medication’s effect must be longer than the flight duration;
b) The passenger with mental illness and his/her baggage and items shall undergo a manual check; the manual check may be conducted in a separate area;
c) Where necessary, the aviation security control force shall, at the request of the airline representative, escort the passenger with mental illness to the aircraft and vice versa;
d) The airline representative shall inform the pilot-in-command of the seat of the passenger with mental illness. The pilot-in-command shall notify the airport or aerodrome operator and the aviation security control force in the area where the aircraft is expected to land of any assistance required, if deemed necessary.
3. The airline representative shall consider and decide the acceptance for carriage of passengers having used alcoholic beverages or stimulants but not to such an extent that they are unable to control their behavior. When transporting such passengers, the airline must apply appropriate aviation security control measures.
Article 37. Procedures for handling unruly passengers
1. If a passenger has yet to embark the aircraft, the aviation security control force shall prevent him/her from embarking the aircraft, temporarily detain him/her and his/her identification documents. The subsequent steps shall be taken as prescribed in Articles 61 and 62 of this Circular. The handling must ensure that any impact on the normal operation of the airport or aerodrome is minimized.
2. If the passenger has embarked the aircraft and the aircraft is on the ground, the pilot-in-command shall apply appropriate handling measures under his/her authority; decide to suspend the flight if deemed necessary for flight safety and security reasons; notify the airline representative; the airline representative shall notify the occurrence to the aviation security control force so that it presides over and cooperates with relevant forces at the airport or aerodrome in handling it.
3. If the aircraft is in flight, the pilot-in-command shall apply appropriate handling measures under his/her authority; decide to land the aircraft if deemed necessary for flight safety and security reasons; notify the occurrence to the airline representative or aviation authority at the airport (if there is no airline representative) where the aircraft lands; depending on the nature and severity of the occurrence, the pilot-in-command shall make an administrative violation record or report the occurrence as prescribed by the law on handling of administrative violations in the field of civil aviation or make a record according to regulations of the home country and transfer the occurrence to the aviation authority at the airport where the aircraft lands or the aviation security control force.
4. Upon receiving the notification, the aviation security control force at the airport/aerodrome shall immediately board the aircraft to cooperate with the crew in applying necessary coercive measures to escort the passenger off the aircraft, impound his/her identification documents and violating items; the crew shall prepare a report on the occurrence and transfer it to the aviation security control unit so that it presides over and cooperates with relevant forces in handling it; the airline representative shall be present to witness and cooperate in the process of handling the occurrence.
5. Upon receiving the notification, the aviation security control unit shall preside over and cooperate with relevant forces to immediately arrive at the place where the occurrence is handled to directly assess and decide to handle it, and apply necessary security measures under its authority; supervise the entire process of handling the occurrence, even on board the aircraft; request the transfer of the occurrence file; suspend or permit the resumption of the flight; make a record and impose penalties for administrative violations; if the occurrence is beyond its authority, transfer it to a competent agency.
Article 38. Refusing and prohibiting carriage of carriage for aviation security reasons; conducting mandatory manual checks of passengers
1. Airlines are entitled to refuse carriage of passengers for aviation security reasons in the cases prescribed by law.
2. Process and procedures for deciding and authority to decide to refuse carriage of passengers for aviation security reasons shall be explicitly stipulated in ASPs of airlines. The refusal shall be immediately notified to the aviation security control force for implementation.
3. The Immigration Department shall issue decisions on temporary or permanent prohibition against air carriage of passengers that commit acts of violation as prescribed by law; the Immigration Department shall, depending on the nature and severity of violations, consider and decide the conduct of mandatory manual checks of persons that violate regulations on security and order on board aircraft at airports and aerodromes.
4. The Immigration Department shall regularly update and notify the list of passengers prohibited from carriage and passengers required to undergo mandatory manual check to the Civil Aviation Authority of Vietnam, airlines and aviation security control units.
5. Airlines shall take appropriate and effective measures to issue warnings about or immediately discover persons prohibited from carriage and subject to mandatory manual checks when they make reservations or follow check-in procedures in order to ensure timely and effective prevention.
Article 39. Aviation security re-check
1. An aviation security re-check of restricted areas, persons, vehicles or items must be conducted in the following cases:
a) Passengers and their carry-on baggage that have undergone aviation security check but exit a restricted area are required to undergo a re-check upon their return;
b) The restricted area, persons, vehicles or items therein come into contact or are mixed with persons or items that have not undergone an aviation security check;
c) The restricted area, persons, vehicles or items therein come into contact or are mixed with persons suspected of carrying dangerous articles or vehicles or items suspected of containing dangerous articles.
2. An aviation security re-check of passengers and their carry-on baggage specified in points b and c clause 1 of this Article shall be conducted as follows:
a) All passengers and their carry-on baggage must be transferred to another area and the entire related restricted area shall be re-checked;
b) All passengers and their carry-on baggage shall be re-checked before being boarding the aircraft;
c) If any passenger has boarded the aircraft, all passengers, their carry-on baggage and passenger cabin of the aircraft must undergo an aviation security re-check.
3. If the security seal does not remain intact or checked baggage, cargo, mail, aircraft stores and supplies or carts and bags containing meals are torn or broken, they must undergo an aviation security re-check being loaded onto the aircraft.
4. The aviation security re-checks specified in points b and c clause 1 and clause 3 of this Article must be documented in a record.
Article 40. Measures for handling dangerous articles during security check of passengers, baggage, cargo and mail
1. If any bomb, mine, explosive material, explosive precursor, combustible matter, biological or chemical agent, toxic substance or radioactive material that may pose a danger is found or suspected, the aviation security control force shall immediately assess the risk to take appropriate measures. Regarding mines, bombs or explosive materials, if the explosion mechanism is not clearly known, leave them as they are and rapidly blockade the area, evacuate passengers to a safe area and immediately inform the mine and bomb disposal force of the police or army force.
2. If a dangerous article without a license as prescribed by law is found, the aviation security control force at the airport or aerodrome shall make a record using the Form in the Appendix XVIII hereto and transfer the person, files and dangerous item to a competent agency and inform the airline for appropriate handling measures.
3. If it is found that a dangerous item fails to adhere to conditions for safe air carriage, the aviation security control force at the airport/aerodrome shall instruct the passenger to leave it or instruct him/her to follow carriage procedures as prescribed or refuse to complete aviation security procedures and request the airline or legal representative of the consignor or passenger to adhere to carriage conditions.
4. When detecting a weapon or explosive material hidden on a passenger, appropriate measures must be quickly taken to restrain such passenger; when detecting a weapon or explosive hidden in the passenger’s carry-on baggage, the passenger must be immediately separated from the baggage, and be restrained for handling.
Article 41. Aviation security checks and oversight of sterile areas
1. Sterile areas shall undergo security checks before being put into operation and be subject to close and continuous security oversight during their operation.
2. When a sterile area is not in service, its entrance and exit doors must be locked or guarded and protected by the aviation security control force.
3. Sequence and procedures for aviation security checks and oversight of sterile areas must be elaborated in ASPs of aviation security control units.
Section 3. ASSURANCE OF SECURITY OF COMMERCIAL AIR TRANSPORT AIRCRAFT
Article 42. Protection of aircraft parked on aprons
1. Aircraft parked on aprons shall be protected using appropriate measures in order to detect or prevent persons or vehicles from illegally approaching, loading or unloading items or leaving them on the aircraft.
2. Regarding an aircraft not in service, the measures specified in clause 1 of this Article must be implemented and the following requirements must be satisfied:
a) Its stair, jet bridge and conveyor, and other vehicles shall be evacuated from the aircraft;
b) The aircraft operator shall close and lock the aircraft; seal the aircraft doors; the aircraft parked at night shall be illuminated.
3. Regarding an aircraft in service, the measures specified in clause 1 of this Article must be implemented and the following requirements must be satisfied:
a) The aircraft operator shall organize the control of persons and items upon their embarkation and disembarkation;
b) The aircraft operator shall organize the oversight to prevent acts of unlawful interference with the aircraft, persons, baggage, cargo and mail on board the aircraft from the time the aircraft undergoes aviation security check and search until take-off.
Article 43. Aviation security check and search of aircraft
1. Aviation security check of an aircraft
a) In case the aircraft is in service and operates a flight without transit passengers: before the acceptance of passengers, baggage, cargo and mail on board the aircraft, the aircraft operator shall conduct an aviation security check of the aircraft according to the checklist for each aircraft type; after the check, the aircraft operator must organize continuous oversight and protection of the aircraft until its take-off;
b) In case the aircraft is in service and operates a flight with transit passengers: the aircraft operator must ensure that passengers disembarking from the aircraft (who do not take the transit flight) take all of their baggage with them, transit passengers must be required by the airline to clearly identify their baggage before leaving the aircraft; before the acceptance of the passengers, baggage, cargo and mail on board the aircraft, the aircraft operator must conduct an aviation security check of the aircraft according to the checklist for each aircraft type; after the check, the aircraft operator must organize continuous oversight and protection of the aircraft until its take-off;
c) In case the aircraft has its status changed from “in service” to “not in service”: before closing and sealing the aircraft doors, the aircraft operator must conduct an aviation security check of the aircraft according to the checklist for each aircraft type; after the check, the aircraft operator must organize continuous oversight and protection of the aircraft until its status is changed to “protected”, applicable to the aircraft not in service;
d) Regarding the aircraft not in service, when put into operation, prior to the acceptance of passengers, baggage, cargo and mail on board the aircraft, the aircraft operator shall conduct an aviation security check of the aircraft according to the checklist for each aircraft type in order to detect dangerous articles that may be hidden on the aircraft or detect stowaways;
dd) Any person assigned to conduct aviation security checks of aircraft must be knowledgeable about of the compartments and the checklist of the type of the aircraft that needs checking; unauthorized persons must be requested to leave the aircraft during the check (except transit passengers remaining on board); authorized persons other than persons in charge of aircraft security checks must not obstruct or interfere with the aircraft check;
e) In addition to the provisions in points a, b, c and d of this clause, the aircraft operator must conduct an aviation security re-check of the aircraft when the aviation security risk level requires a re-check or when requested to strengthen aviation security control by a competent agency; conduct a random check of life jacket pouches;
g) An aircraft aviation security checklist (in paper or electronic form) must be available on each aircraft. The checklist must at least include: areas accessible to passengers in the passenger cabin and cockpit; areas accessible to passengers without the use of technical equipment in cargo and baggage compartments, and technical compartments containing aircraft control panels;
h) The pilot-in-command must be informed of the results after the aircraft has undergone a check; aircraft security check documents must be retained in accordance with the airline’s regulations but for at least 24 hours after the aircraft has taken off;
i) The aircraft operator must elaborate the checklist, process and procedures for aviation security check of aircraft in the airline’s ASP based on aviation security risks.
2. Aviation security search of aircraft:
a) An aviation security search of aircraft shall be conducted by an aviation security control force in accordance with decision of the competent agency; the searches must be conducted according to a checklist;
b) The relevant airline shall assign aircraft technicians to participate in and provide advice during the aviation security search of the aircraft. An appropriate aircraft security search list must be available on each aircraft as prescribed;
c) The aviation security search of aircraft must be stipulated in ASPs of airlines and aviation security control units in conformity with regulations.
Article 44. Cockpit protection
1. During flight, the cockpit door must be lockable from inside and there must be means by which cabin crew can discreetly notify the flight crew when suspicion arises or when signs of unlawful interference with aviation security are detected in the passenger cabin. The procedures for entering and exiting cockpit during flight must be elaborated in ASPs of airlines.
2. An aircraft with a maximum certificated take-off mass of over 45,500 kg or more or with a seating capacity greater than 60 must meet the following requirements:
a) The aircraft cockpit door must be capable of resisting penetration by small arms fire and grenade fragments or resisting forcible intrusions by unauthorized persons;
b) Equipment shall be provided so that the flight crew can monitor entire area outside the cockpit door to identify persons requesting entry to the cockpit and to detect suspicious behavior or potential threats.
3. The aircraft operator shall ensure that the aircraft doors are closed following embarkation, no person is permitted to enter the cockpit until such doors are opened for disembarkation, except the following persons with the consent of the pilot-in-command:
a) Crew members in the performance of their duties;
b) Persons permitted by the aircraft operator;
c) Persons permitted to enter the cockpit as prescribed by law.
4. Flight crew members are not allowed to leave the cockpit without the permission from the pilot-in-command. 02 crew members are required to be present in the cockpit at all times of the flight. If, in the event of force majeure, there is only 01 crew member in the cockpit, 01 flight attendant should be present therein.
Article 45. In-flight security assurance
1. As a passenger embarks the aircraft, the airline shall check and compare his/her identification documents (or his/her biometric authentication data or electronic personal identification information legally equivalent to identity documents) against his/her boarding pass to ensure that he/she boards the correct flight. The checking measures must be elaborated in the airline’s ASP.
2. Before allowing the departure of the aircraft, the pilot-in-command shall compare the total number of passengers issued with boarding passes with the actual number of passengers on the aircraft using an appropriate measure. If there is no match, the reasons therefor have to be explained so that the aircraft is allowed to depart.
3. When the aircraft is in flight, the pilot-in-command shall ensure aviation security, and maintain order and discipline on the aircraft; is entitled to take measures to prevent and respond to acts of unlawful interference and violations of regulations on aviation security assurance, breaches of order and discipline, failure to comply with the requests and instructions of the crew as stipulated by law; transfer violators, exhibits and records or report on violations to competent state agencies when the aircraft lands at an airport or aerodrome. The pilot-in-command shall carry out aviation security oversight, and maintain order and discipline throughout the flight.
4. Crew members shall obey orders, commands and directions of the pilot-in-command; regularly observe the passenger cabin to promptly detect abnormal behavior of passengers and notify the pilot-in-command thereof; cooperate with the in-flight security officer in responding to and handling acts of unlawful interference whilst the aircraft is in flight.
5. The Immigration Department shall act as a conduit to cooperate with relevant agencies and units, foreign competent agencies and airlines in deploying in-flight aviation security officers to perform in-flight duties.
Article 46. Carriage of passengers who are suspects, defendants, prisoners, deported persons, extradited persons and persons arrested under wanted notices
1. The carriage of a person who is a suspect, defendant, prisoner, deported person, extradited person or person arrested under a wanted notice must comply with the provisions of law and be accompanied by an escort. Up to 05 subjects may be carried on a single flight, except the case specified in clause 7 of this Article. VIP flights on commercial planes shall not carry passengers who are suspects, defendants, prisoners, deported persons, extradited persons and persons arrested under wanted notices. When booking a ticket for the escort and carriage of a suspect, defendant, prisoner, deported person, extradited person or person arrested under a wanted notice, the escorting authority must notify the airline of the following information (in addition to the information normally required for passengers): the number of escorted subjects; the danger of the escorted subject (suspect or defendant or prisoner or deported person or extradited person or person arrested under a wanted notice); the number of escorts, the proposed measures for managing the subjects during escort and carriage, risk assessment and any special notes (if any).
2. For flights from foreign countries to Viet Nam, where the provisions of the home country’s law differ from the provisions in clause 1 of this Article, the Immigration Department shall make an assessment and decide the carriage limit.
3. The seating positions of the escorted subjects shall be designated at rows of seats far from the entrance doors and exit door. The escorts shall be seated by the aisle, the escorted subjects shall be seated next to the escorts. In case the number of escorts is twice as many as the number of escorted subjects, the escorted subjects shall be seated between the two escorts.
4. The escorted subjects shall be supervised by the escorts during flight even when they use the lavatory, meals may be served to the escorted subjects on board the aircraft with the consent of the escorts. Escorts and escorted subjects shall not use stimulants or alcoholic beverages.
5. Escorted subjects must not be handcuffed or legcuffed to any part of the aircraft.
6. The airline shall make sure escorts and escorted subjects embark before other passengers and disembark after other passengers.
7. The carriage of deported passengers who volunteer to return home with a quantity greater than that or without escorts specified in clause 1 of this Article shall only be performed if capable of ensuring security. The airline shall make assessment and decision.
8. The airline representative shall cooperate with the escort in assessing the risks to the carriage of escorted subjects and deciding to take appropriate measures to ensure security; notify the aviation security control force at the airport or aerodrome of departure.
Article 47. Carriage of weapons, tools of war, radioactive materials and other dangerous articles on aircraft
1. The carriage of weapons, tools of war, radioactive materials and other dangerous articles on aircraft flying to or over the territory of Vietnam shall comply with regulations of Vietnamese law.
2. The list of dangerous articles which passengers and crew are not allowed to be carried on their person, either as or in carry-on baggage and checked baggage to be on board the aircraft shall be promulgated by the Immigration Department.
3. Upon their carriage, dangerous articles classified as dangerous cargo must be accepted for carriage on board the aircraft by the airline representative in accordance with regulations on carriage of dangerous cargo.
4. Each aviation security control unit shall post the list of dangerous articles not allowed to be carried on one’s person, either as or in carry-on baggage and checked baggage at aviation security checkpoints; cooperate with the airport or aerodrome operator in notifying the list of dangerous articles not allowed to be carried on board aircraft at terminals in an appropriate manner.
5. Each airline shall post the list of dangerous articles not allowed to be carried on one’s person, either as or in carry-on baggage and checked baggage at aviation security checkpoints at ticket offices and check-in counters.
6. The carriage of weapons in the passenger cabin of an aircraft, even on VIP flights on commercial planes (this provision does not apply to VIP flights on private planes) regarding international flights arriving in or transiting through Vietnam must be approved by the Immigration Department. The airline must inform the person carrying the weapons of aviation safety regulations and the regulations of Vietnam regarding the carriage of weapons in passenger cabin of aircraft.
7. The carriage of weapons in the passenger cabin of an aircraft, even on VIP flights on commercial planes (this provision does not apply to VIP flights on private planes) departing from Viet Nam regarding international flights, must be approved by the State of destination and the intermediate State (in case of a transit flight). The airline must inform the person carrying the weapons of aviation safety regulations and the regulations of State of destination and the intermediate State regarding the carriage of weapons in passenger cabin of aircraft.
Article 48. Procedures for acceptance, management, carriage and transfer of weapons and support tools
1. Any person carrying weapons or support tools, except the case specified in clause 3 of this Article, must follow check-in procedures at the check-in counter as follows:
a) Present the weapons or support tools and relevant licenses to the aviation personnel for the checking when following the check-in procedures;
b) In case of carrying pistol on board the aircraft, complete the declaration using the form in the Appendix V hereto. In case of checking in pistol or ammunition, complete the declaration using the form in the Appendix XI hereto.
2. The airline’s check-in agent shall inform the aviation security control personnel to check licenses related to weapons or support tools. In case of pistol or ammunition, the aviation security control personnel shall check the declaration contents and sign a confirmation on the declaration form.
3. In case the passenger is an officer or a bodyguard accompanying the client or an in-flight security officer or mobile police performing his/her missions, he/she is required to complete the declaration using the form in the Appendix X hereto and deliver it to the check-in agent before boarding the aircraft and take responsibility for safety of pistol, ammunition or weapons carried.
4. Regulations on acceptance and carriage of weapons or support tools:
a) The pistol owner must disassemble the magazine from the pistol; disassemble or disconnect the power source of support tools; make sure weapons or support tools are in a safe state;
b) Ammunition must be packaged and loaded in accordance with regulations on carriage of dangerous cargo. The airline representative shall sign a confirmation on the declaration made using the form in the Appendix XI hereto;
c) The ground service personnel that transports the pistol or ammunition from the check-in counter to the aircraft must be supervised and escorted by the aviation security force;
d) Weapons or support tools must be stored in a place inaccessible to passengers throughout the flight.
5. The pilot-in-command must be informed of the number of weapons and ammunition carried on the flight.
6. At the arrival airport or aerodrome, the procedures for transferring weapons or support tools are as follows:
a) The airline must inform its representative at the arrival airport or aerodrome in an appropriate manner in order for the representative to accept, supervise and provide the information concerning the flight carrying checked weapons or support tools (flight number, landing time, landing position) to the aviation security control force at the airport;
b) The ground service personnel shall transport weapons or support tools from the aircraft to the baggage claim area; compare identification documents and boarding passes with the checked baggage tag; transfer weapons or support tools to passengers in the baggage claim area;
c) The aviation security control force shall supervise the transport, transfer and registration, and supervise the passengers’ transport of weapons or support tools out of airport or aerodrome restricted areas.
7. Process and procedures for acceptance, management, carriage and transfer of weapons and support tools must be elaborated in civil ASPs of airlines and aviation security control units.
Article 49. Carrying liquids, aerosols and gels on one’s person and in or as carry-on baggage on international flights
1. When passing through an aviation security checkpoint to an international sterile area, each passenger or crew member is only allowed to carry on no more than 01 liter of liquids, aerosols, and gels (LAGs). All LAGs must be carried in containers with a capacity no larger than 100 ml each and completely closed.
2. Clause 1 of this Article shall not apply to liquids which are medications or milk and food for infants if the following conditions are met:
a) Regarding medications, it is required to present a copy of the prescription clearly stating full name and address of the prescriber and full name of the medication user which must correspond to the full name on the passenger’s boarding pass;
b) Milk and food for infants or newborn babies are permitted for passengers travelling with an infant or newborn baby.
3. LAGs purchased at duty-free shops within an international sterile area or on an international flight are allowed to be carried on without any restriction on capacity provided that they are kept in a sealed tamper-evident transparent plastic bag.
Section 4. ASSURANCE OF SECURITY OF GENERAL AVIATION ACTIVITIES
Article 50. Assurance of security of aircraft engaged in general aviation activities
1. Security of an aircraft engaged in general aviation activities (hereinafter referred to as “general aviation aircraft”) shall be ensured as a commercial air transport aircraft.
2. Security of general aviation aircraft parked outside an airport or aerodrome shall be ensured as follows:
a) Aircraft operators shall formulate regulations on aircraft protection relevant to their operation; cooperate with local authorities in aircraft protection; deploy forces to continuously guard aircraft in order to promptly discover and prevent persons and vehicles from gaining unauthorized access to the aircraft; establish fence and night lighting systems around aircraft parking area;
b) The aircraft doors must be locked or sealed.
3. Each general aviation aircraft operator shall conduct aviation security checks of the aircraft before acceptance of persons and items on board the aircraft and ensure security during flight.
4. Security of a general aviation aircraft with a maximum certificated take-off mass of over 5,700 kg shall be ensured as a commercial air transport aircraft.
5. Every airline involved in general aviation activities for commercial purpose shall develop its own ASP. The ASP shall elaborate measures to ensure aviation security and protect the airline’s aircraft inside and outside airports and aerodromes; to establish and maintain its own aviation security department and assign persons to be in charge of its aviation security assurance under an independent and non-concurrent system.
Article 51. Security checks and oversight of persons and items carried on board general aviation flights
1. The security checks and oversight of persons and items carried on board general aviation aircraft shall be conducted using appropriate measures and elaborated in ASPs of airlines.
2. Regarding an aircraft that departs from an airport or aerodrome, the aircraft operator shall send a list of persons and items carried on board the aircraft to the airport or aerodrome operator to conduct pre-flight security oversight and check.
3. Regarding an aircraft that departs from an area outside an airport or aerodrome, the aircraft operator shall conduct aviation security checks and oversight of persons and items carried on board the aircraft.
Section 5. ASSURANCE OF AVIATION SECURITY AT SPECIALIZED AERODROMES INVOLVED IN GENERAL AVIATION ACTIVITIES
Article 52. Assurance of aviation security at specialized aerodromes managed and operated by the Ministry of Public Security and Ministry of National Defense
1. The Immigration Department shall preside over and cooperate with related units in ensuring security and order at specialized aerodromes managed and operated by the Ministry of Public Security.
2. Regarding specialized aerodromes managed and operated by the Ministry of National Defense:
a) The Immigration Department shall preside over and cooperate with specialized agencies affiliated to the Ministry of National Defense in providing guidelines for ensuring security of specialized aerodromes; comply with regulations on cooperation in examination, inspection and supervision of operation of specialized aerodromes.
b) Regarding occurrences involving violation of aviation security regulations at specialized aerodromes, the forces in charge of ensuring and maintaining security and order at aerodromes shall take initial actions, notify and transfer them to local authorities for handling as prescribed.
Article 53. Specialized aerodromes not managed and operated by the Ministry of Public Security and Ministry of National Defense
Regarding occurrences involving violation of aviation security regulations at specialized aerodromes, the forces in charge of ensuring and maintaining security and order at aerodromes shall take initial actions, notify and transfer them to local authorities for handling as prescribed.
Section 6. STRENGTHENED AVIATION SECURITY CONTROL MEASURES
Article 54. Collection of information about threats to aviation security
1. The Immigration Department shall preside over and cooperate with affiliates of the Ministry of Public Security, Ministry of National Defense, relevant ministries and central authorities in collecting and assessing information about political security and social order and safety; conspiracies, methods and tricks of terrorists, reactionary organizations and criminals, and acts of unlawful interference with civil aviation activities to decide to take strengthened aviation security control measures at each level according to regulations of law.
2. The Immigration Department, Civil Aviation Authority of Vietnam, airports authorities, airport and aerodrome operators, airlines and aviation security control units shall publish their hotlines that receive information relating to assault and acts of unlawful interference with civil aviation activities.
Article 55. Scope of application of strengthened aviation security control measures
1. Based on the state of aviation security, and aviation security threats and risks, the Director of the Immigration Department shall decide the application or cancellation of enhanced aviation security control measures by level, or the application or cancellation of specific enhanced aviation security control measures appropriate to particular threats.
2. The Immigration Department shall consider granting approval for application of other countries’ similar strengthened aviation security control measures to international flights and flight routes to Vietnam.
3. The Immigration Department shall consider applying strengthened aviation security control measures at the request of foreign authorities in conformity with the treaty to which the Socialist Republic of Vietnam is a signatory.
Article 56. Strengthened aviation security control measures
1. Procedures for adopting strengthened aviation security control measures applied to each level must be elaborated in ASPs of aviation security control units, airport and aircraft operators, airlines and aviation service enterprises and units according to the regulations set out in the Appendix XII hereto.
2. Decisions on application of enhanced aviation security control measures must be implemented immediately by the Immigration Department and the relevant agencies and units and simultaneously reported to the Minister of Public Security.
Section 7. PROVISION AND USE OF INFORMATION ABOUT PASSENGERS AND CARGO, AND AVIATION INFORMATION SYSTEM SECURITY
Article 57. Principles of using and providing information about identity of passengers, consignors and consignees
1. Only airlines involved in carriage of passengers and cargo are permitted to extract and use information about identity of passengers, shippers and consignees, except for the case specified in clause 2 of this Article.
2. Every airline shall protect confidentiality of personal information of passengers; only provide information about identity of passengers, shippers and consignees to competent agencies upon request for the purpose of serving state management of civil aviation security and safety, ensuring political security, maintaining social order, preventing and fighting against smuggling, trade fraud and other criminals.
Article 58. Protection of aviation information system
1. The unit managing the aviation information system must formulate and promulgate regulations on protection, management and use thereof to prevent unlawful access and interference that threatens civil aviation safety, and theft and falsification of information and data in accordance with regulations of law.
2. The aviation information system shall be protected from the time a supplier is selected, and during the process of its building, design, installation, use and operation, it is required to comply with regulations of law on cybersecurity and cyberinformation security. Protection measures include:
a) Managing the system by issuing security standards, processes and procedures; selecting and training officials, especially those granted system privilege; assessing threats and risks to highlight system vulnerabilities and possibility of being attacked; conducting inspections and tests; ensuring supply chain security;
b) Implementing firewall controls; encrypting data; using network intrusion detection system and anti-virus system;
c) Protecting the system, especially servers which must be placed in an area where entry, exit and activities are controlled and restricted; only allowing authorized persons to access the system using biometric method or password; restricting the number of persons granted access; continuously controlling and monitoring access to the system; using a backup system in the case of failure of the main system; logging activities to serve the inspection, assessment and warning in the case of any unusual activity.
3. ASPs, contingency plans and ATS contingency plans of aviation enterprises shall specify the protection of information and information technology system, precautions, information security assurance plans and responsive plans in the event of attacks or unlawful interference by using electronic techniques.
4. The unit managing the aviation information system shall assess the threats to aviation security and safety and level of damage in case of any attack on or unlawful interference with its information equipment and system in order to take appropriate protection measures. The assessment shall be made according to the following criteria:
a) The level of direct threat to air navigation and in-flight aircraft;
b) The level of direct threat to life of passengers and personnel at an airport or aerodrome;
c) The level of direct threat to normal operation of air navigation equipment, infrastructure and equipment serving aviation security assurance.
5. The unit managing the aviation information system must cooperate with specialized agencies of the Ministry of Public Security and Ministry of National Defense in preventing acts of unlawful access and interference that threatens civil aviation safety, and theft and falsification of information and data; comply with regulations of law on information security.
Section 8. INTERNAL SECURITY CONTROL
Article 59. Principles of internal security control applicable to aviation personnel
1. Internal security control shall be implemented by way of establishment, maintenance and application of employment standards; rules and disciplinary regulations of agencies and units and cooperation with competent agencies in preventing and fighting against violations of law and identity verification.
2. Internal security control must be included in each agency or unit’s procedures for recruitment, training, management, supervision, handling of violations, evaluation, remarking, appointment and reassignment; must be closely associated with internal political protection.
3.
Upon recruitment, a prequalification application dossier shall include a criminal record or comments of the police authority or local authority at the applicant’s place of residence about his/her compliance with laws; where necessary, the recruiting agency or unit shall verify his/her background and identity at his/her place of residence and previous workplace. Every unit managing and employing employees shall annually assess employees on their compliance with labor regulations, maintenance of labor discipline and state’s laws. If an employee has any unusual signs regarding his/her credentials, morals, activities of daily living, financial situation and compliance with discipline and regulations of the agency or unit, the matter must be verified and clarified.
Article 60. Responsibilities of agencies and units for internal security control
1. The Economic Security Department shall preside over, provide guidelines on and inspect internal political security protection and internal security control by aviation agencies and units; the Immigration Department shall cooperate with the Economic Security Department in the internal security control with regard to aviation personnel while they are working in airport areas and on board aircraft, suspend activities of aviation personnel who are suspected of violating the law on aviation security or at the request of state agencies.
2. Agencies and enterprises that manage and employ aviation personnel shall cooperate with the Economic Security Department in the internal political security protection and internal security control; cooperate with the Immigration Department and other relevant public security authorities in implementing internal security control; promulgate regulations on internal security control including the following contents:
a) Verifying and conducting annual identity assessments of aviation personnel in accordance with clause 3 Article 59 of this Circular, and supervising the performance of duties by their personnel;
b) Raising awareness of their personnel about maintaining discipline, morals and credentials;
c) Closely controlling the movement of persons and items entering or leaving restricted areas and embarkation or disembarkation in or from aircraft; performance of duties by personnel in restricted areas;
d) Assigning persons or department operating on a full-time or part-time basis to effectively perform internal security control, keep personnel records; closely cooperating with the Immigration Department, public security authorities and local authorities to exchange and obtain information about employees; promptly discovering and handling violations of labor discipline and laws and remedying deficiencies;
dd) Establishing criteria for recruitment and assignment appropriate to each type of aviation personnel; cooperating with competent security agencies to check background of foreign aviation personnel.
3. Agencies and units managing and employing employees entering and operating in restricted areas and important works related to national security and important objectives regarding politics, economy, diplomacy, science – technology, culture and society in accordance with law and bear responsibility if the employees under their management commit violations against the law during performance of their duties.
HANDLING OF AVIATION SECURITY VIOLATION OCCURRENCES AND RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE
Section 1. HANDLING OF AVIATION SECURITY VIOLATION OCCURRENCES
Article 61. Principles of handling violations
1. All aviation security violation occurrences must be handled promptly and rapidly, ensuring that the violations do not spread and the consequences are minimized. The handling of a violation must depend on its nature and severity, and comply with the provisions of applicable laws. The boarding an aircraft by the aviation security control force to suppress, coerce and escort violators shall be carried out at the request of the pilot-in-command or the head of the aviation security control force, except the case of responding to acts of unlawful interference with civil aviation activities.
2. Aviation security control forces shall designate an area for handling violation occurrences; make sure violations are handled in a quick, safe and convenient manner and effects on normal operation of airports, aerodromes and flights are minimized.
3. Every aviation security control force shall preside over and cooperate with related agencies and units operating at the airport or aerodrome to agree to specific issues concerning the cooperation in handling violations of regulations on aviation security and public order at an airport or aerodrome and resolving difficulties arising during the cooperation process in accordance with law. Every aviation service enterprise shall cooperate with the public security force and local authorities in handling aviation security violations occurring outside an airport or aerodrome under its management, and shall discuss with the aviation security control unit.
4. Aviation security control units and enterprises having aviation security control forces must organize 24-hour shifts and publish their hotlines to receive information and promptly handle aviation security and public order violation occurrences.
5. Dossiers, procedures, records and decisions on violation handling shall be prepared and retained as prescribed by law.
Article 62. Responsibility for handling of aviation security violation occurrences
1. An aviation security control force shall take initial actions against occurrences of aviation security violation and pubic order violations committed at the airport or aerodrome under its management 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 area designated violation handling;
d) Immediately report to the commanding officer of the unit on duty and make a violation record according to the form specified in Appendix XVIII hereto;
dd) Protect the scene and discuss with relevant agencies and units at the airport or aerodrome when deemed necessary;
2. Relevant agencies, units and individuals shall closely cooperate with the aviation security control force in the process of handling aviation security violation occurrences.
3. Regarding aircraft in service and aircraft in flight, procedures for handling violations are specified in clauses 2, 3, 4 and 5 Article 37 of this Circular. In-flight security officers must be discreet and not participate in the handling of aviation security violation occurrences.
4. The aviation security control force performing its duties at a facility outside an airport or aerodrome shall take initial actions against occurrences of aviation security violations committed at the facility under its management; follow the handling procedures specified in points a, b, c and dd clause 1 of this Article; compile a preliminary file (including a violation record made using the form in the Appendix XVIII hereto), hand over records, evidences, exhibits and violator to the local competent agency and cooperate with in further handling the aviation security violation occurrences.
5. The aviation security control unit shall assign a person to be present in the area where the violation is being handled after receiving the notification specified in point d clause 1 of this Article to supervise the initial actions, and assess the nature and severity of the violation. The authority to handle the occurrence and decide to further handle it is as follows:
a) If it is considered that the violation is not so serious to impose administrative penalties, he/she shall accept the occurrence, request the agency employing the violator in writing to consider taking disciplinary actions against the violator and notify results thereof to the aviation security control unit;
b) If the violation falls under the aviation security control unit’s authority to impose administrative penalties, necessary duties shall be undertaken to impose administrative penalties as prescribed;
c) If the violation falls under the Immigration Department’s or provincial public security department’s authority to impose administrative penalties, the aviation security control unit shall transfer it to the former for imposition of administrative penalties as prescribed;
d) If the violation is suspected as a criminal offence, the aviation security control unit shall transfer it to a competent public security authority;
dd) If the violation falls under another competent state agency’s authority to impose administrative penalties, the aviation security control unit shall transfer it to a competent agency for handling;
e) If the administrative violation falls under multiple agencies’ authority to impose administrative penalties, the law on handling of administrative violations shall be complied with.
6. When transferring an occurrence to another competent agency, the aviation security control unit shall make a transfer record using the form in the Appendix XVIII hereto and cooperate in taking measures to escort and seize the violator, vehicles or exhibits involved in the violation upon request.
7. Aviation security control units and enterprises having internal aviation security control forces shall equip video recorders, audio recorders, cameras, binoculars and other appropriate supporting devices to promptly prevent violations, record and collect all developments of violation occurrences in an accurate and sufficient manner, facilitating the quick and proper handling of violations according to their nature and severity and the provisions of applicable laws.
8. Aviation security control units, internal aviation security control forces of airlines, ATS enterprises, aircraft maintenance and repair enterprises and other enterprises operating at airports and aerodromes shall equip telephones having functions of caller identification, call logging and call recording with a minimum recording time of 03 hours for duty phones, emergency phones, hotlines and passenger information service lines. The aforementioned units must use a service that allows quick notification of outgoing and incoming telephone numbers to enable timely tracing when receiving threatening calls; create mailboxes to receive information about violations and acts of unlawful interference.
Article 63. Conducting reviews of and learning lessons from violation occurrences
1. It is required to conduct reviews of and learn lessons from violation occurrences to correct deficiencies:
a) According to the nature and severity of each occurrence of violation committed at an airport or aerodrome, a unit having the function of aviation security control shall decide to assign an appropriate agency or unit to preside over conducting reviews and learning lessons at the grassroots level or the aviation security control unit to preside over conducting reviews and learning lessons;
b) The unit managing the facility outside an airport shall preside over conducting reviews of and learning lessons from occurrences of violations committed at its facility;
c) The Immigration Department shall preside over reviewing, and learning lessons from, serious and complicated occurrences of violations at the industry level or at the request of the Ministry of Public Security or National Civil Aviation Security Committee.
2. It is required to conduct a review of and learn lessons from a violation occurrence as soon as practicable, no later than 05 working days at the grassroots level, 07 working days in case the unit having the function of aviation security control directly conducts review and learns lessons, violation occurrences and 10 working days at the industry level from the date on which the violation is committed or a report on the violation occurrence is received.
3. Details of a review, and learning lessons include at least:
a) Identifying the causes and assessing the advantages and shortcomings in the implementation of measures and procedures by relevant units and individuals during the handling of a violation occurrence;
b) Identifying the causes and assessing the advantages and shortcomings in the cooperation by relevant units and individuals in handling of a violation occurrence;
c) Inadequacies in regulations of law, ASPs and relevant documents that need supplementing or amending;
d) Loopholes and shortcomings of each relevant unit or individual, causes thereof, and remedial measures.
SECTION 2. RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE
Article 64. Principles of response to acts of unlawful interference
1. Response to acts of unlawful interference with civil aviation activities shall comply with regulations of law and contingency plans promulgated by a competent agency.
2. When informed of an act of unlawful interference with civil aviation activities, the aviation security control unit shall preside over and cooperate with the airport or aerodrome operator, airlines and ATS enterprise concerned in analyzing and preliminarily assessing the nature of the information and immediately reporting to the competent agency for consideration of an appropriate contingency plan to be implemented. In the first place, the unit shall mobilize its own personnel and equipment to organize the initial response in accordance with regulations; where necessary, the Immigration Department or the provincial public security department shall directly direct forces to implement the initial contingency plan.
3. All measures taken to respond to acts of unlawful interference with civil aviation activities shall give priority to assurance of aircraft safety and human life. Regarding an 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 the response to an act of unlawful interference at an airport or aerodrome is finished, responsible agencies and units shall rapidly take necessary measures to ensure normal operation of the airport or aerodrome; make arrangements so that passengers can continue their journey as soon as practicable.
1. An aviation security control force shall preside over and cooperate with the airport or aerodrome operator in preparing a contingency plan for initial response to acts of unlawful interference, and submit it to the Immigration Department for approval; the plan must conform to the general contingency plan for response to acts of unlawful interference promulgated by the Prime Minister and contingency plans of anti-terrorism steering committees of provinces and cities.
2. The enterprise managing an air navigation service provider shall prepare a contingency plan for the air navigation service provider. The contingency plan shall conform to the general contingency plan for response to acts of unlawful interference promulgated by the Prime Minister contingency plans of anti-terrorism steering committees of provinces and cities.
Article 66. Regime for reporting response to acts of unlawful interference
1. An aviation security control unit shall preside over and cooperate with the airport or aerodrome operator, airlines, ATS enterprise, unit managing restricted areas outside the airport or aerodrome shall submit an initial written report to the Immigration Department within 24 hours from the time the act of unlawful interference occurs; make reports twice a day during the response to the act of unlawful interference; make a preliminary report within 24 hours from the time the response is completed.
2. The Immigration Department shall submit a written report to the Ministry of Public Security within 24 hours from the receipt of the unit’s report on response to acts of unlawful interference.
Article 67. 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 for response to acts of unlawful interference with civil aviation activities promulgated by the Prime Minister.
Article 68. Notification to relevant States and ICAO
1. If an aircraft which is subjected to an act of unlawful interference has landed within the territory of Vietnam, the Immigration Department shall transmit information about that aircraft to the aviation authority of relevant State as soon as practicable.
Information shall comprise: 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 of Registry of the aircraft;
b) the State of the aircraft operator;
c) each State whose citizens suffered fatalities or injuries or were detained due to the act of unlawful interference;
d) each State whose citizens are passengers on the aircraft subjected to the act of unlawful interference;
dd) the ICAO.
2. The Immigration Department shall notify ICAO of an act of unlawful interference as follows:
a) Issue a preliminary notification according to the form specified in Appendix XVI hereto within 30 days from the date the unlawful interference occurs;
b) Issue an official notification according to the form specified in Appendix XVII hereto within 60 days from the date the unlawful interference occurs.
Article 69. Organizing drills for response to acts of unlawful interference
1. The Immigration Department shall preside over and cooperate with relevant agencies and units within and outside the aviation industry in organizing an industry-level drill for response to acts of unlawful interference at least every 03 years at 01 airport or 01 ATS provider. The Immigration Department shall report the plan to organize industry-level drill to the Ministry of Public Security.
2. The aviation security control unit, Vietnamese airlines and enterprises managing air navigation service providers shall preside over and cooperate with relevant agencies and units in organizing a grassroots-level drill at least every 02 years at each airport or aerodrome, each airline or each ATS provider.
3. Foreign agencies and organizations may be invited to take part in drills for response to acts of unlawful interference with civil aviation activities.
SYSTEM OF ORGANIZATIONS RESPONSIBLE FOR AVIATION SECURITY ASSURANCE
Article 70. Agencies and units responsible for performing aviation security assurance duties
1. Agencies and units advising on and assisting in aviation security assurance include:
a) The Immigration Department, which performs state management duties and carries out aviation security assurance duties; serves as the standing office of the National Civil Aviation Security Committee;
b) The National Aviation Security Center, which assists the Immigration Department in performing its duty to perform state management of aviation security; performs the functions of inspection and supervision of, and provision of guidance on aviation security assurance nationwide;
c) Immigration offices affiliated to the Immigration Department and immigration offices affiliated to public security departments of provinces, which perform state management of aviation security and conduct inspection and supervision of aviation security assurance within their assigned scope of management;
d) Aviation enterprises’ agencies and units advising on and assisting in aviation security.
2. Agencies and units responsible for performing aviation security control duties include:
a) Immigration offices, which perform functions of aviation security control at airports and aerodromes at which the Immigration Department presides over ensuring aviation security;
b) Immigration offices affiliated to public security departments of provinces having airports and aerodromes, which are assigned to preside over ensuring aviation security;
c) Internal aviation security control units of aviation enterprises.
Article 71. Aviation security control forces
1. Aviation security control forces are specialized forces which are responsible for ensuring aviation security and have the function of implementing measures to ensure aviation security and providing aviation security assurance services as prescribed by law. Aviation security control forces directly perform their oversight duties and implement measures to control aviation security, prevent and respond to acts of unlawful interference and aviation security violation occurrences according to regulations, and include:
a) Aviation security control forces of the Immigration Department and provincial public security departments;
b) Aviation security control forces of ATS enterprises;
c) Aviation security control forces of Vietnamese airlines and general aviation enterprises;
d) Aviation security control forces of aircraft and aircraft equipment maintenance, repair and manufacturing enterprises; aviation fuel service enterprises; air catering service enterprises.
2. Aviation security control forces shall have duties and powers prescribed by the Government’s regulations on aviation security.
3. Organizational structures of aviation security control forces under the Immigration Department and provincial public security departments shall be decided by the Minister of Public Security; organizational structures of aviation security control forces of enterprises shall be specified in enterprises’ ASPs. The Immigration Department shall provide guidance on the deployment of aviation security control forces for implementation of aviation security assurance measures, handling of violations and response to acts of unlawful interference with civil aviation activities.
4. Aviation security control forces must receive professional training appropriate to their titles and assigned duties in accordance with the regulations on aviation security training laid down by the Minister of Public Security.
Article 72. Aviation security control officers and personnel
1. Aviation security control officers and personnel:
a) Aviation security control officers include officers of the Immigration Department and immigration offices affiliated to provincial public security departments;
b) Aviation security control officers are persons who directly implement aviation security control measures, prevent and respond to acts of unlawful interference, and handle aviation security violation occurrences;
c) Officers performing aviation security control duties and mobile security duties must receive aviation security training in accordance with regulations issued by the Ministry of Public Security. Officers performing screening duties must hold valid licenses and ratings issued by the Immigration Department.
2. Aviation security control personnel of enterprises:
a) Aviation security control personnel include employees of aviation service providers, Vietnamese airlines, and general aviation enterprises, organized and operating according to the functions and duties of the enterprises;
b) Aviation security control personnel of enterprises are persons who directly implement aviation security control measures, prevent and respond to acts of unlawful interference, and handle aviation security violation occurrences; must meet the standards and conditions prescribed by the Ministry of Public Security and be granted aviation security control personnel licenses by the Immigration Department in accordance with regulations.
Article 73. Aviation security control forces of Vietnamese airlines; aviation service enterprises; general aviation enterprises
1. Duties, powers
a) Aviation security control forces of Vietnamese airlines and general aviation enterprises shall implement measures to control aviation security on board aircraft and aircraft operations outside airports and aerodromes;
b) Aviation security control forces of ATS enterprises shall ensure aviation security within the restricted areas managed by the enterprises;
c) Aviation security control forces of aircraft and aircraft equipment maintenance, repair and manufacturing enterprises shall ensure aviation security at the aircraft and aircraft equipment maintenance, repair and manufacturing enterprises;
d) Aviation security control forces of aviation fuel service enterprises and air catering service enterprises shall ensure aviation security within the restricted areas managed by the enterprises.
2. The head and the deputy head assuming professional responsibility for aviation security of an aviation security control force must meet the following standards:
a) Be Vietnamese citizens, have knowledge of aviation and aviation security and at least 02 consecutive years of experience in the field of aviation security;
b) Obtain a bachelor’s degree in security or in another major and receive training in one of the majors related to aviation security, law or state administrative management or a bachelor’s degree in security or national defense in which training is provided by the Ministry of Public Security or Ministry of National Defense;
c) Obtain a certificate of completion of a domestic or international professional course on aviation security management.
3. Duties and powers of heads of aviation security control forces and aviation security control forces must be stipulated in ASPs of Vietnamese airlines, ATS enterprises, aircraft and aircraft equipment maintenance, repair and manufacturing enterprises and general aviation enterprises.
Article 74. Aviation security management systems of aviation enterprises
1. An aviation security management system of a Vietnamese airline, ATS enterprise, aircraft and aircraft equipment maintenance, repair and manufacturing enterprise or general aviation enterprise must satisfy the following requirements:
a) The system shall be independent of its functions and duties; the agency advising on and assisting in aviation security shall not concurrently assume other duties and shall have administrative responsibility and authority equivalent to those of other advisory and assisting agencies within the same enterprise;
b) The head of the aviation security management system shall bear primary responsibility to the enterprise’s executive management for aviation security;
c) The Vietnamese airline that operates scheduled flights in a foreign country must designate a person primarily responsible for its aviation security assurance in such country and such designation must be specified in the aircraft operator’s ASP;
d) The person primarily responsible for aviation security, his/her deputy, aviation security officials and inspectors of the aviation security management system must adhere to conditions for business in aviation services and receive professional training appropriate to his/her title and assigned duties in accordance with regulations specified in the Vietnam aviation training program promulgated by the Minister of Public Security;
dd) The person primarily responsible for aviation security must have full authority, responsibilities and resources to effectively implement ASP, and this must be stipulated in writing by the enterprise;
e) The head of an agency or unit having ASP shall define specific functions and duties of the aviation security management system, ensuring that he/she has sufficient authority, responsibilities and resources to effectively implement the ASP.
2. Any foreign airline that operates scheduled flights to and from Vietnam must designate a person who is mainly responsible for its aviation security in Vietnam and notify the Immigration Department in writing.
Article 75. Annual assessment and rating of aviation security control officers and personnel
1. Aviation security control officers of the Immigration Department and provincial public security departments shall be assessed and rated as per regulations laid down by the Ministry of Public Security.
2. Aviation security control personnel of enterprises shall be assessed in writing by the head of the managing unit regarding the following:
a) Professional competence and expertise;
b) Compliance with the rules and regulations of the agency or unit;
c) Responsibility and attitude at work.
3. The assessment specified in clause 2 of this Article shall serve as the basis for an enterprise to rate aviation security control personnel at 04 levels: excellent, good, satisfactory, poor. The rating results shall serve as the basis for personnel arrangement and additional training of aviation security control personnel. If a person is rated “poor”, it is required to adopt a correction measure and set a deadline for correction. Otherwise, he/she must be removed from the aviation security control force.
4. The document about evaluation and rating of aviation security control personnel must be retained by the managing unit.
5. The unit managing aviation security control personnel shall develop detailed guidelines for assessment of aviation security control personnel to be included in its ASP.
STRUCTURES, EQUIPMENT, VEHICLES, WEAPONS AND SUPPORT TOOLS SERVING AVIATION SECURITY ASSURANCE
Article 76. Security requirements for design and construction of airports, aerodromes and aviation structures
1. Investors in the construction, renovation, upgradation or repair of aviation structures and airport infrastructure shall, upon estimate making, construction survey and design, comply with the aviation security requirements and standards specified in this Circular.
2. Any agency competent to appraise and approve technical designs, construction drawings and estimates of costs of construction, renovation, upgradation or repair of aviation structures and airport or aerodrome infrastructure shall appraise aviation security requirements and standards to ensure their compliance with the provisions of this Circular.
Article 77. Structures and equipment serving aviation security assurance
1. Structures and equipment serving aviation security assurance at terminals and aerodromes consist of:
a) Structures in service of aviation security assurance at aerodromes: aviation security fences separating restricted areas from other areas, patrol roads, intrusion alarm systems, lighting systems, guard booths, gates, doors, aviation security checkpoints, lighting systems for aircraft parking positions at night;
b) Gates, doors and aviation security checkpoints at the passageways between exclusive use restricted areas and non-exclusive use restricted areas; entrance from other areas to restricted areas;
c) Emergency centers; isolated aircraft parking positions; bomb, mine and dangerous items disposal trenches; assembly areas for passengers, baggage and cargo in case the aircraft is subjected to an act of unlawful interference;
d) Systems of CCTV cameras that allow monitoring of entire terminals, aprons, roads adjacent to terminals and camera system control and monitoring rooms;
dd) Aviation security checkpoints (check areas) for passengers, baggage and cargo, including manual check and search rooms at terminals;
e) Duty rooms designated for aviation security control units at terminals; rooms designated for management of passengers refused entry at international terminals.
2. Structures and equipment serving aviation security assurance outside terminals and aerodromes consist of:
a) Peripheral lighting systems; systems of CCTV cameras that allow monitoring of entire restricted areas; aviation security fences separating restricted areas from other areas;
b) Guard booths, gates, doors, aviation security checkpoints at entrance to restricted areas from other areas.
3. Requirements for structures serving aviation security assurance:
a) Structures serving aviation security assurance must be inspected, serviced and maintained according to standards, technical regulations and provisions of law and have sufficient documents; promptly repaired when damaged;
b) Aviation security fences between restricted areas and other areas must be capable of preventing and giving warnings about intrusion through fences;
c) The number of doors and gates to restricted areas from other areas must be limited to the minimum necessary;
d) Passengers, baggage, cargo and mail that have undergone an aviation security check must be separated from passengers, baggage, cargo and mail that have not undergone an aviation security check;
dd) The location of the emergency center; isolated aircraft parking position; bomb, mine and dangerous items disposal trench; assembly area for passengers, baggage and cargo in case the aircraft is subjected to acts of unlawful interference must facilitate emergency response and implementation of contingency plans;
e) The separation of flows of departing, arriving, transfer and transit passengers; flows of international and domestic passengers and cargo must be ensured;
g) The area designated for a passenger and cargo checkpoint shall be wide enough to avoid congestion and facilitate passenger and baggage checks and screening;
h) The sterile area must be separated from the non-restricted area using durable materials; from the restricted area using appropriate materials;
i) Appropriate materials must be used to minimize loss of lives and damage to equipment of terminals and aerodromes in the event of fire or explosion;
k) The construction of structures serving aviation security assurance at airports and aerodromes must comply with all regulations set out in clause 1 of this Article.
4. Requirements and standards for aviation security fences, gates, doors, barriers, lighting systems, CCTV camera systems, guard booths and patrol roads at airports, aerodromes and aviation service providers are specified in the Appendix VII hereto.
Article 78. Equipment and vehicles for aviation security assurance
1. Equipment and vehicles for aviation security assurance (hereinafter referred to as “aviation security equipment and vehicles”) include:
a) Scanners, door-frame metal detectors, full-body scanners, CCTV cameras, intrusion alarm devices, hand-held metal detectors; explosive, weapon and dangerous article detection devices;
b) Vehicles used for patrol; voice and video recorders, specialized equipment used for observation and detection of forged documents; equipment used for issuance of airport security permits and licenses;
c) Vehicles and communications equipment used for serving command, control, and response to acts of unlawful interference; helmets, armor and specialized equipment and tools for response to acts of unlawful interference; bomb, mine and dangerous items disposal trenches; locations for handling of chemical, radioactive, and biological substances.
d) Tools and equipment used for aviation testing and training; weapons and support tools.
2. Requirements for aviation security equipment and vehicles:
a) Vehicles and equipment specified in clause 1 of this Article shall comply with technical regulations and standards as prescribed by law;
b) Scanners, door-frame metal detectors, full-body scanners and hand-held metal detectors must have the combined test piece in accordance with specifications and instructions of the manufacturer;
c) Equipment for issuance of airport security permits and licenses must be used uniformly and synchronously within the entire industry;
d) Equipment and vehicles specified in clause 1 of this Article must have sufficient documents and records; scanners must be issued with the radiation safety license by a competent agency;
dd) Upon purchasing new aviation security equipment, the equipment must apply the world’s most advanced technology. Aviation security checkpoints that need to have full-body scanners must be sufficiently equipped as prescribed.
3. The Immigration Department must provide specific guidance on requirements for and list of aviation security equipment, vehicles and tools. Aviation security control forces under the Immigration Department and provincial public security departments are responsible for managing and using aviation security equipment and vehicles at airports and aerodromes.
Article 79. Regulations on operation and maintenance of aviation security equipment and vehicles
1. Operation, management and maintenance of aviation security equipment and vehicles shall comply with regulations of the manufacturer and unit operating and using equipment and vehicles; a logbook or electronic document should be in place to record damage to and repair and maintenance of equipment and vehicles.
2. Image data from scanners and CCTV cameras must be stored for at least 45 days.
3. Scanners, door-frame metal detectors, full-body scanners and hand-held metal detectors must be tested using a combined test piece in accordance with specifications and instructions of the manufacturer.
a) Regarding scanners, test requirements, test procedures and recording of test results shall comply with the form specified in the Appendix XIII hereto;
b) Regarding door-frame metal detectors and full-body scanners, test requirements, test methods and recording of test results shall comply with the form specified in the Appendix XIII hereto or manufacturer’s instructions;
c) Regarding hand-held metal detectors, test requirements, test methods and recording of test results shall comply with the Appendix XV hereto;
4. Scanners, door-frame metal detectors, full-body scanners, hand-held metal detectors, explosive detection devices, CCTV cameras and intrusion alarm systems must be periodically maintained in accordance with the manufacturer’s regulations to ensure their smooth operation. Aviation security equipment that fails the test shall be discontinued. Logbooks of or electronic documents about periodic test and maintenance and unexpected repair must be written and updated in a clear and accurate manner and contain the following information:
a) Name of the equipment, location and time of installation, installer;
b) Date of test and maintenance; details and results of test and maintenance; names of technicians responsible for test and maintenance.
5. Every authority or unit managing and operating aviation security equipment shall submit a report on management of aviation security equipment to the Immigration Department according to the provisions laid down under the Appendix XXI hereto.
6. Every unit managing and operating aviation security equipment shall promulgate procedures for management, operation, testing and maintenance of aviation security equipment.
Article 80. Management, equipment and use of weapons and support tools
1. The following entities are permitted to be equipped with military weapons upon performance of their duties:
a) Aviation security control forces upon their response to acts of unlawful interference occurring at airports, aerodromes or on board aircraft;
b) Aviation security control forces upon their performance of duties while level 1, level 2 and level 3 strengthened aviation security assurance measures are being taken;
c) Mobile security forces and security control forces performing their duties to carry out patrols and stand guard at night; enlistees performing their duties to carry out patrols and protect targets, gates and guard booths at airports and aerodromes;
dd) In-flight security officers equipped with appropriate weapons and ammunition upon performing their duties on board aircraft.
2. The following entities are permitted to be equipped with support tools:
a) The entities specified in points a, b, c and dd clause 1 of this Article shall be equipped with one or more of the following support tools: bulletproof helmets, bulletproof vests; shields, electric gloves; tear gas grenades; tear gas guns, rubber bullet guns and plastic bullet guns; devices used for spraying tear gas and anesthetics; stun batons, rubber batons, figure-8 handcuffs;
b) Upon performing their duties to carry out patrols and stand guard in areas surrounding runways and taxiways, doors and gates adjacent to the aerodromes, restricted areas and public areas (terminals, parking lots), aviation security control forces and enlistees must be equipped with one or more of the following combat gears: tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8 handcuffs;
c) Upon performing their duties to strengthen flight security, coerce and escort unruly passengers and passengers refused entry, aviation security control forces must be equipped with one or more of the following combat gears: tear gas guns, plastic bullet guns and rubber bullet guns; stun batons, rubber batons, figure-8 handcuffs;
c) Upon performing their duties at passenger, baggage and cargo checkpoints, chiefs of shifts must be equipped with one or more of the following combat gears: tear gas guns; stun batons, rubber batons;
dd) Upon performing their duties to check, supervise and escort cargo outside airports and aerodromes, aviation security control forces must be equipped with one or more of the following combat gears: stun batons and rubber batons.
3. Weapons and support tools must be stored as follows:
a) Upon performing their duties, aviation security control officers and personnel equipped with weapons and support tools must strictly comply with the regime for inspection and storage of such weapons and support tools. When their duties are completed or the shift is over, they must hand weapons and support tools over to the person responsible for management thereof or the person doing the next shift. The handover of weapons and support tools shall be carried out strictly and updated in a logbook or electronic document which bears signatures of the person handing over them and the recipient;
b) Regarding frequently used weapons and support tools, the unit equipped with weapons and support tools must have a separate cabinet to keep them, carry out routine maintenance and storage inspection at the end of every week;
c) Regarding infrequently used weapons and support tools, it is required to deploy a person in charge of storage and have a separate storage cabinet or warehouse. The weapon and support tool warehouse shall comply with fire safety requirements and regulations governing entry into and exit from the warehouse must be available; weapons and support tools stored in the warehouse must be arranged logically and separated by type and brand. Agencies and units must carry out technical inspection and maintenance on a periodic basis and in accordance with maintenance procedures established by the manufacturer;
d) The person assigned responsibility to store weapons and support tools must have good moral character and a sense of responsibility; has joined a basic training course on storage and use of weapons and support tools; must strictly comply with the inspection and storage regime and a logbook or electronic data must be in place to record the storage of weapons and support tools.
4. Any person equipped with weapons and support tools must have a certificate of management and use of weapons, explosive materials and support tools issued by a competent agency.
5. Every authority or unit equipped with weapons and support tools shall submit a report on management of weapons and support tools, and training in storage and use of weapons and support tools to the Immigration Department; details of the report are specified in the Appendix XXIII hereto;
6. Entities equipped with weapons and support tools must comply with specialized regulations on management, use, storage, inspection and maintenance of weapons and support tools. Agencies and units managing and using weapons and support tools shall specify regulations on management, use, storage, inspection and maintenance of weapons and support tools in their ASPs.
AVIATION SECURITY RISK MANAGEMENT
Article 81. Aviation security risk management
1. Aviation security risk means the probability of an act of unlawful interference with civil aviation activities being successfully carried out on a specific target, based on an assessment of threat, consequence, and vulnerability.
2. Aviation security risk management refers to comprehensive solutions within the aviation system aimed at minimizing risks, including risk assessment, implementation of preventive security measures, and adjustment of applied measures.
3. The formulation and application of regulations, solutions, processes, procedures, technical regulations and standards on aviation security, ASPs, contingency plans or the formulation of plans and schemes for assurance of aviation security and response to acts of unlawful interference with civil aviation activities as well as aviation security quality control activities, must be based on aviation security risks.
4. Agencies, units, and enterprises that are legally assigned responsibilities for ensuring aviation security must perform aviation security risk management within the bounds of their responsibilities in accordance with the law and guidance of the Immigration Department; prepare aviation security risk assessment reports periodically every 06 months or on an ad hoc basis (when threats are detected, weaknesses or deficiencies in aviation security assurance potentially pose high risks or security control measures need to be reviewed or adjusted), review, amend, and supplement risk assessment reports, and notify the agencies and units mentioned in the reports so as for them to apply appropriate risk mitigation measures.
5. The Immigration Department shall provide directions for organizing aviation security risk management by relevant agencies and units; cooperate with relevant agencies in collecting information, preparing assessment reports and performing aviation security risk management. The results of aviation security risk assessments must be reported to the Ministry of Public Security and the National Civil Aviation Security Committee as per regulations.
6. Each aviation security control unit shall preside over and cooperate with relevant agencies and units in assessing and determining the level of aviation security risks at airports and aerodromes every 06 months or on an ad hoc basis.
7. The National Aviation Security Risk Assessment Council shall be established by the National Civil Aviation Security Committee. Aviation security risk assessment councils at airports and aerodromes shall be established by aviation security control units. Members of aviation security risk assessment councils shall serve on a part-time basis.
AVIATION SECURITY QUALITY CONTROL
Article 82. Principles of aviation security quality control
1. The Immigration Department shall carry out frequent supervisions, inspections, assessments and overt and covert tests, and investigations at all airports, aerodromes, aviation service providers and airlines and of vehicles and equipment involved in civil aviation nationwide. Immigration offices affiliated to the Immigration Department and immigration offices affiliated to public security departments of provinces having airports and aerodromes shall carry out frequent supervisions, inspections, assessments and overt and covert tests, and investigations at all airports, aerodromes, aviation service providers and airlines and of vehicles and equipment involved in civil aviation under their management. Enterprises having ASPs (except airport and aerodrome operators) shall carry out inspections, overt and covert tests, internal investigations, and assessments in accordance with regulations. Units implementing aviation security quality control measures must be independent from the entities applying those measures.
2. Continuous aviation security supervision, inspection, testing, assessment and investigation activities shall be conducted in accordance with the annual or ad hoc aviation security quality control plan. Tests shall not be conducted on aircraft in flight, on VIP flights on private planes or VIP flights on commercial planes.
3. An annual aviation security quality control plan, including frequent supervision, inspection, test, and assessment activities shall be prepared based on an aviation security risk assessment and resources of agencies and units, and ensure consistency without any overlap, and confidentiality of confidential tests. The plan shall be formulated as follows:
a) Before October 30 every year, the Immigration Department shall issue an aviation security quality control plan for the following year and send it to the units and enterprises having ASPs.
b) Before November 30 every year, according to the aviation security quality control plan of the Immigration Department, airlines, agencies, units and enterprises having ASPs shall prepare and promulgate internal aviation security quality control plans, and send them the Immigration Department for supervision.
4. Inspections, tests, assessments, and ad hoc investigations shall be decided by competent persons if deemed necessary.
5. The Immigration Department shall issue an aviation security control quality manual to ensure uniform and effective implementation.
6. Any agency 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 or investigation team.
7. Units and enterprises shall produce statistics on, aggregate, and analyze aviation security quality control data to update it to the aviation security database system in accordance with Articles 87 and 88 of this Circular.
Article 83. Requirements for aviation security inspection, test, assessment and investigation activities
1. Requirements for aviation security inspection, testing, assessment and investigation activities of by the Immigration Department, immigration offices affiliated to the Immigration Department and immigration offices affiliated to public security departments of provinces having airports and aerodromes:
a) There must a decision on team establishment issued by the competent person. The inspection, assessment, testing or investigation plan must be approved by the person issuing the decision on team establishment;
b) The team’s head shall prepare an inspection, assessment, testing 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, assessment, test or investigation;
c) The Immigration Department shall conduct inspection and assessment of aviation security control units at airports, airlines and aviation service enterprises at least once a year; conduct tests and assessments of aviation security control units at airports at least once a year; of Vietnamese airlines at least once every two years, except in ad hoc cases.
2. Requirements for inspection, testing, assessment and investigation activities of airport/aerodrome operators, airlines and other enterprises having ASPs:
a) There must be an inspection, assessment, testing or investigation plan approved by the head of the unit or organization. The contents of inspections, evaluations, tests, and investigations must be focused, targeted, and consistent with aviation security risks.
b) The assessment by Vietnamese airlines at foreign airports shall be paid for by the airlines and require Immigration Department’s involvement. Assessment activities in Vietnam of Vietnamese and foreign aviation authorities and airlines must be permitted by the Immigration Department upon completion, the assessment results must be submitted to the Immigration Department;
c) Every aviation security control unit shall carry out an inspection and test at least once a quarter, except in ad hoc cases;
d) Other enterprises having aviation security control forces shall carry out an internal inspection and test at least once a year, except in ad hoc cases.
3. Aviation security control units, airlines and enterprises having ASPs shall submit a report on results of aviation security quality control to the Immigration Department according to the provisions laid down under the Appendix XXIII hereto.
4. Documents about aviation security inspection, survey, testing, assessment and investigation activities must be managed and archived as prescribed by the law on archives.
Article 84. Aviation security tests
1. In the case of a covert test, the testing details, date, location, plan and method, and the entire testing process must be covert and disclosed to team members only. In the case of an overt test, the testing details, date and location shall be notified in advance to the unit which is subject to the test (hereinafter referred to as “the tested subject”). According to the approved testing plan, the head of the testing team shall prepare a plan to conduct each test.
2. Security and safety of persons, property and activities of the tester and tested subject shall be ensured during the process of conducting the test. If a covert test is detected, the tester must immediately present the testing decision together with his/her aviation security inspector card or identification document or level-2 electronic identification account to the tested subject, the tested subject must cooperate and ensure security and safety of persons, vehicles and items during the test.
3. After the test is done, the tester must immediately make a record of testing results and request the tested subject to sign it. Also, the head of the testing team must hold a meeting with persons concerned at the unit subject to the test to learn lessons, conduct a review and notify preliminary test results to the head or authorized representative of the tested subject.
4. The covert test may involve persons who have good personal backgrounds and are sufficiently reliable in order to ensure the confidentiality and effectiveness of the testing activity.
Article 85. Remedying loopholes and deficiencies detected through inspection, assessment, testing and investigation
1. During the inspection, survey, test, assessment or investigation, if it is considered that loopholes or deficiencies need remedying immediately otherwise they will compromise security and safety, the head of the inspection, survey, testing, assessment or investigation team shall make a record requesting immediate remediation or transfer the case to a competent person for the suspension of operations to ensure security and safety.
2. After receiving a conclusion, which includes recommendations for remedying loopholes or deficiencies, the unit subject to the inspection, assessment, testing or investigation shall prepare a remediation plan and submit it to the presiding unit for implementation; if there is any inaccurate conclusion or recommendation, the unit shall send a written response to the presiding unit and the Immigration Department.
3. Time limit for and details of remediation of loopholes or deficiencies detected through the quality control by the Immigration Department.
a) Within 15 working days from the end of the inspection, assessment, test or investigation, the person issuing the decision on team establishment shall give a written conclusion, specifying loopholes or deficiencies, and required or recommended remedial actions, if any;
b) Within 10 working days from the receipt of the conclusion on inspection, assessment, testing or investigation, the unit subject to the assessment, testing or investigation shall submit a remediation plan, specifying remedial measures, individuals and organizations responsible for remediation and time limit for completing remedial measures;
c) Within 05 working days from the receipt of the remediation plan, the person issuing the decision on team establishment shall give the unit a written response to the remediation plan, specifying his/her approval or disapproval of each content.
4. Time limit for and details of remediation of loopholes or deficiencies detected through the quality control by a unit having ASP
a) Within 10 days from the end of the inspection, investigation, internal test or assessment, it is required to issue a conclusion and plan for remediation of loopholes or deficiencies after the inspection or investigation, specifying remedial measures, individuals and organizations responsible for remediation and time limit for completing remedial measures (if any);
b) Within 15 days, the inspection, investigation or testing conclusion and plan for remediation of loopholes or deficiencies shall be submitted to the Immigration Department. The assessment conclusion must be sent to the units subject to the assessment and the Immigration Department.
5. Every aviation security quality control unit shall carry out supervision and site inspection of the implementation of the remediation plan and report the results thereof to the head of the agency or unit.
6. In cases where the unit subject to quality control fails to remedy the loopholes or deficiencies in accordance with the requirements imposed by the head of the inspection, testing, assessment or investigation team, or fails to implement the approved remediation plan, the quality control unit shall consider recommending the application of appropriate remedial measures to ensure the remediation is carried out. The recommended remedial measures must correspond to the nature and severity of the violation and conform to the law, and m one or more of the following measures may be applied:
a) Request the agency or unit managing the violating individual or organization to suspend or temporarily suspend their duties; request the agency or unit managing the violating individual or organization to provide retraining, additional training, or recovery training (if a license or rating has been revoked) for individuals;
b) Revoke or suspend of personnel licenses or ratings; revoke airport security permits of individuals;
c) Revoke licenses or suspend equipment; suspend structures;
d) Revoke licenses of organizations;
dd) Suspend flights; impose flight bans or refuse carriage;
e) Close an airport, temporarily close an airport in part or in whole;
g) Request relevant agencies or units to apply enhanced or supplementary aviation security control measures; request relevant agencies or units to apply emergency response measures;
h) Recommend that competent agencies handle cases in accordance with law.
Article 86. Regulations on aviation security inspectors, internal security inspectors
1. An aviation security inspector is personnel of the Immigration Department and provincial public security department who performs aviation security quality control activities and aviation security oversight activities, is appointed by the Immigration Department and issued with an aviation security inspector card. The appointment of an aviation security inspector shall satisfy the following requirements:
a) The aviation security inspector shall be appointed according to each field or area or unit where he/she is assigned to carry out oversight;.
b) The appointment decision must be notified to the overseen subject;
c) The appointment decision shall explicitly state duties, powers and responsibilities of the inspector according to the principle: the inspector is only allowed to exercise the powers specified in clause 2 of this Article to fulfill his/her responsibilities to his/her specialized field or area or unit where he/she is assigned to carry out oversight;
d) An aviation security inspector shall serve a term of office of no more than 03 years.
2. Duties and powers of an aviation security inspector:
a) Control aviation security quality as prescribed in this Circular and shall not conduct any covert test upon performing his/her duties independently;
b) Be permitted to access, board aircraft, enter any restricted areas at airports, aerodromes, aviation service providers, structures, equipment and vehicles;
c) Be entitled to request organizations and individuals to provide documents or relevant items; confiscate relevant aviation security licenses and permits of officers and personnel committing violations; suspend violating equipment and vehicles threatening aviation security;
d) Request responsible persons to take possible remedial measures; make violation records, transfer violation occurrences to competent persons for handling as prescribed by law;
dd) Upon performing his/her quality control duties independently, if any deficiency or mistake is found during aviation security assurance, the aviation security inspector is entitled to directly submit a recommendation 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 putting forward the recommendation, notify the authority or unit directly managing him/her; the aviation security inspector is entitled to issue and shall take full responsibility for assessments, conclusions and recommendations upon performing his/her duties independently;
e) Upon performing his/her quality control duties in a team, the aviation security inspector shall take on the assignment given by the competent agency, the proposed assessments, conclusions and recommendations 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 the aviation security inspector’s comments, the aviation security inspector is entitled to have his/her comments recorded in the report submitted to the authority that established the team.
3. An internal security inspector is personnel of an enterprise or unit having ASP, appointed and issued with a card by the enterprise, which also defines his/her powers and responsibilities. The template of the internal security inspector card shall be notified to the Immigration Department.
4. Aviation security inspectors and internal security inspectors must, in the performance of their duties, take responsibility for their activities; use cards within the bounds of their duties and powers prescribed by law.
5. Standards to be satisfied by an internal security inspector:
a) He/she has at least 02 years’ experience in the aviation security field or at least 01 year if he/she previously served in the public security or army force;
b) He/she has completed a professional training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on professional and refresher training in aviation security.
6. Aviation security inspectors and internal security inspectors shall be trained in accordance with aviation training regulations laid down by the Minister of Public Security.
Article 87. Aviation security reporting and statistics
1. The Immigration Department shall develop and provide guidance on the reporting and statistical system for aviation security assurance for relevant agencies and units in accordance with law.
2. The following organizations shall submit reports to the Immigration Department as prescribed in clause 1 of this Article:
a) Immigration offices affiliated to the Immigration Department and immigration offices affiliated to public security departments of provinces having airports and aerodromes;
b) Airlines;
c) Airport and aerodrome operators;
d) ATS enterprises; aircraft and aircraft equipment maintenance, repair and manufacturing enterprises; air catering service enterprises; aviation fuel service enterprises;
dd) Aviation service enterprises.
3. In the event of a serious aviation security violation occurrence that is likely to threaten aviation security or adversely affect national security, social order and safety, the organizations specified in clause 2 of this Article shall report such occurrence to the Immigration Department as follows: make an initial report on the occurrence immediately by telephone, by fax or other media and in writing within 24 hours using the form in the Appendix XVIII hereto. The organizations specified in points a, b, c, d and dd clause 2 of this Article shall submit monthly reports on aviation security violation occurrences recorded in the aviation security management system to the Immigration Department.
4. Emergency occurrences and response to acts of unlawful interference shall be reported as prescribed in Article 66 of this Circular.
5. Reports may be submitted in writing, through the aviation security database system, by telephone or other communication means, or via postal services.
Article 88. Organizing establishment of aviation security database
1. The Immigration Department shall organize the production of statistics on aviation security and establish an aviation security database for uniform implementation. The aviation security database must be protected from unauthorized access; only organizations and individuals that are permitted by the Immigration Department are permitted to access and operate it.
2. The aviation security database includes:
a) Acts of unlawful interference and aviation security violation occurrences;
b) Subjects required to undergo compulsory manual checks, refused transport for security reasons or prohibited from air carriage;
c) Aviation security quality control activities;
dd) Airport security permits and licenses;
dd) Infrastructure, equipment, weapons, support tools;
e) Systems of aviation security control organizations and forces, aviation security control personnel licenses.
3. The Immigration Department shall organize the management of aviation security database; enterprises having ASPs shall regularly produce statistics on the details specified in clause 2 of this Article and update them to the database.
4. The Immigration Department shall provide guidelines for statistical production, reporting, updating, extraction, management and use of aviation security database.
RESPONSIBILITIES OF UNITS, ORGANIZATIONS AND INDIVIDUALS FOR AVIATION SECURITY ASSURANCE
Article 89. Responsibilities of the Immigration Department
1. Assume duties and powers of aviation authorities regarding aviation security assurance as prescribed by law.
2. Approve, accept and supervise the implementation of ASPs of aviation security control units, aircraft and aerodrome operators, airlines, ATS enterprises, aircraft and aircraft equipment maintenance, repair and manufacturing enterprises, air catering service enterprises, fuel aviation service enterprises, aviation service enterprises at airports and aerodromes and cargo and mail handling enterprises.
3. Promulgate, issue, recognize and supervise the implementation of:
a) Standards, processes, directives, guidelines, professional documents, books or electronic documents and recommendations about aviation security;
b) Emergency measures including temporary suspension of operations at aerodromes, flights, vehicles, equipment, aviation personnel, aircraft operators, ATS enterprises, aircraft and aircraft equipment maintenance, repair and manufacturing enterprises, air catering service enterprises, fuel aviation service enterprises, aviation service enterprises at airports and aerodromes and cargo and mail handling enterprises for aviation security assurance;
c) Licenses and professional certificates issued to aviation security officers and aviation security control forces;
d) List of dangerous articles prohibited or restricted from being carried on one’s person or either in or as baggage on board aircraft in compliance with technical instructions and requirements of ICAO.
4. Request airlines and enterprises to change templates and contents of crew identification cards and internal aviation security licenses when assessments indicate risks to aviation security.
5. Participate in appraising and assessing the application of aviation security standards and requirements to design, construction and renovation of airports and aerodromes.
6. Organize investigation and verification of and direct the response to aviation security violation occurrences and threats; supervise the implementation of emergency measures including the suspension of flights, vehicles, equipment and aviation personnel to ensure aviation security.
7. Preside over and cooperate with related units to implement measures for initial response to acts of unlawful interference with civil aviation activities and implement emergency measures in service of security, defense and national emergency; re-assess security measures and procedures after the occurrence of acts of unlawful interference and recommend remedial measures to prevent recurrence.
8. Direct, provide professional guidance on and inspect aviation security assurance by units, including:
a) Implementing measures to prevent and respond to acts of unlawful interference with civil aviation activities; implementing emergency measures in service of aviation security and national aviation emergency;
b) Conduct emergency drills pertaining to aviation security and aviation security quality control;
c) Form specialized forces responsible for civil aviation security assurance in accordance with ICAO’s standards;
d) Implementing internal security control and information security for agencies, organizations, enterprises, and individuals working at airports and on board aircraft; handling, learning lessons from, and conducting reviews of aviation security violation occurrences.
9. Direct units having the function of aviation security control to fulfill the functions of inspecting and supervising the compliance with regulations on civil aviation security at airports and aerodromes.
10. Conduct tests, issue, suspend and revoke licenses and ratings of aviation security control personnel; issue and revoke airport security permits and licenses as prescribed; appoint aviation security inspectors, suspend, issue and revoke aviation security inspector cards.
11. Inspect, examine, test and survey the compliance with regulations of law on aviation security by agencies, organizations and individuals involved in civil aviation activities; issue recommendations and documents necessary to prevent aviation security incidents; impose administrative penalties for aviation security violation occurrences; examine and supervise handling, rectification and review of aviation security violation occurrences.
12. Establish a system for reporting, collecting information, analyzing and assessing potential threats to aviation security; decide to apply measures, processes and procedures for preventing aviation security appropriate to potential threats.
13. Carry out an assessment and decide not to permit a civil flight in the following cases:
a) At a Vietnamese airport or aerodrome, the flight fails to comply with regulations on aviation security assurance;
b) The flight operated by an airline fails to comply with regulations on aviation security assurance;
c) The flight from a foreign airport or aerodrome fails to comply with ICAO’s aviation security standards.
14. Act as a conduit for the relationship and international cooperation in aviation security between Vietnam and ICAO, relevant international organizations and countries:
a) Preside over and cooperate with Vietnam’s relevant authorities and units in international cooperation in aviation security;
b) Participate in the ICAO’s Aviation Security Point of Contact Network, organize the exchange of aviation security information; advise on the application of strengthened aviation security control measures to relevant international organizations, countries and airlines; receive, manage, use, and destroy aviation security information obtained from ICAO, countries, foreign organizations and airlines in accordance with ICAO’s standards and guidance;
c) Decide to take aviation assurance measures at the request of foreign countries and airlines, including aviation security assessments;
d) Propose the incorporation of ICAO’s aviation security standards, recommendations, and guidance into laws, national technical regulations and standards or into guidance issued by the Immigration Department. Notify ICAO of differences between Vietnam’s law on aviation security and ICAO’s standards;
dd) Approve or reject requests from relevant countries for the carriage of weapons in the passenger cabin of aircraft on international flights arriving in or transiting through Vietnam (including VIP flights on commercial planes, except VIP flights on private planes).
15. Approve exemptions from aviation checks of passengers, baggage and cargo and take responsibility for the cases requested by competent agencies affiliated to the Office of the Party Central Committee, Office of the President, Office of the National Assembly, Office of the Government, Ministry of Foreign Affairs, Ministry of Public Security and Ministry of National Defense.
16. Assess and consider the decision on suspension of civil flights from foreign airports and aerodromes to Vietnam if they fail to comply with ICAO’s aviation security standards.
17. Preside over and cooperate with agencies and units under the Ministry of Public Security and Ministry of National Defense in:
a) Providing training, directing and providing professional guidelines to aviation security control forces;
b) Receiving, exchanging and processing information about political security and social order and safety; conspiracies, methods and tricks of terrorists and criminals; acts of unlawful interference; assessing risks and threats to civil aviation activities;
c) Ensuring security of commercial flights with the presence of persons served on VIP flights on private planes and VIP flights on commercial planes as prescribed;
d) Complying with regulations on national security, defense, prevention and combating of terrorism and other regulations on aviation security assurance;
dd) Signing and organizing the implementation of regulations on cooperation in aviation security assurance;
e) Cooperating with professional units under the Ministry of Public Security in controlling background information of aviation personnel to promptly discover violations that may threaten aviation security and safety.
18. Cooperate with agencies and units under the Ministry of Foreign Affairs and Ministry of Construction in:
a) Addressing relevant issues in case aircraft bearing Vietnamese nationality are subjected to acts of unlawful interference in foreign countries; aircraft bearing foreign nationality are subjected to acts of unlawful interference in Vietnam;
b) Exchanging and processing information involving foreign elements, which relates to unlawful interference with civil aviation activities.
19. Cooperate with anti-terrorism steering committees of provinces and cities in conducting drills for response to acts of unlawful interference at the industry and national level as prescribed.
20. Cooperate with the Department of Customs in ensuring aviation security and preventing and combating smuggling and illegal transport on international flights; direct the deployment of screening equipment shared between aviation security control forces and customs.
21. Cooperate with competent agencies in implementing regulations on important structures relating to national security.
22. Direct the signature of mechanisms for cooperation in assurance of aviation security, security, social order and safety with local authorities, units in the vicinity of airports and aerodromes, and other relevant agencies and units.
Article 90. Responsibilities of provincial public security departments
1. Carry out aviation security quality control under their authority. Inspect and supervise the compliance with regulations of law on aviation security assurance and ASPs, the implementation of measures to ensure aviation security and provide aviation security, cybersecurity and cyberinformation security assurance and personal data protection services at airports and aerodromes, and the handling of aviation security and public order violation occurrences at airports and aerodromes under the management of provincial public security departments. Take part in appraising ASPs at the request of the Immigration Department.
2. Preside over and advising anti-terrorism steering committees of provinces and cities on the conduct of aviation security risk assessments, issuing and implementing general contingency plans for response to acts of unlawful interference with civil aviation activities within provinces and cities. Participate in responding to acts of unlawful interference at airports and aerodromes as prescribed.
3. Report and propose to competent agencies for decision on suspension of flights or request for aircraft landing in cases where flights violate aviation security regulations or are suspected of being under aviation security threats; allow suspended aircraft to resume their flight; temporarily seize aircraft in case of failure to rectify aviation security violations; according to the nature and severity of the violations, suspend duties, revoke or recommend issuing authorities and units to revoke airport security permits and licenses of aviation personnel that violate regulations on aviation security assurance.
4. Impose penalties for administrative violations committed at airports and aerodromes under their authority in the aviation security field; transfer violations that are beyond their authority to relevant competent agencies.
5. Organize the issuance and management of airport security control permits and licenses under their management.
6. Preside over and cooperate with state management agencies operating at airports and aerodromes in addressing issues concerning security and order at airports and aerodromes. Preside over assessing issues concerning assurance of aviation security at airports and aerodromes at periodic or unscheduled meetings. Directors of provincial public security provinces shall consider deciding and take responsibility for aviation security assurance issues that arise, and immediately report them to the Immigration Department.
7. Direct grassroots-level public security forces to cooperate in implementing aviation security regulations and preventing violations of law in the vicinity of airports and aerodromes.
8. Coordinate with relevant agencies and units to exchange information and grasp the situation of security, order, crime, and other legal violations related to airports and aerodromes.
Article 91. Responsibilities of airport and aerodrome operators
1. Design their ASPs and organize the implementation thereof after obtaining approval. Provide their approved ASPs to aviation security control units at airports, provide the relevant parts of the ASPs to related airlines, agencies and enterprises operating at airports and aerodromes upon request. Be subject to aviation security inspections, tests, assessments and investigations by the Immigration Department and provincial public security departments as prescribed.
2. Build infrastructure and provide equipment necessary to ensure aviation security, protect airports and aerodromes and cooperate in maintaining public order at airports and aerodromes within the bounds of their responsibilities.
3. Provide information relating to aviation security assurance as requested by aviation security control units to support risk assessments at airports and aerodromes.
4. Build emergency centers at airports and aerodromes to serve command over prevention of and response to acts of unlawful interference at airports and aerodromes. Cooperate in formulating contingency plans for response to acts of unlawful interference at airports and aerodromes. Conduct internal drills for response to acts of unlawful interference at grassroots level and take part in drills at industry, provincial and national levels as prescribed.
5. Ensure aviation security requirements and standards are applied to design, construct and renovate structures of airports and aerodromes.
6. Provide professional and refresher training in aviation security to officials and personnel concerned as prescribed by law or at the request of the Immigration Department and provincial public security departments.
7. Comply with regulations on issuance and management of internal aviation security control permits and licenses.
8. Make regulations on internal security control and implement them in all procedures for recruitment, training, management, supervision, handling of violations, assessment, remarking, appointment and reassignment.
9. Make regulations on protection of aviation information and aviation information technology system used in civil aviation activities, combat unlawful access and interference that result in threat to civil aviation security and safety and theft of information that need to be kept confidential; cooperate in ensuring aviation security, cybersecurity, aviation network information security, and protecting personal data regarding activities under their management.
10. Propagate and disseminate regulations on aviation security to their officials and personnel and educate them in the compliance with such regulations; propagate regulations on aviation security, except restricted documents about aviation security through mass media at airports and aerodromes.
11. Follow the directions and professional guidelines for aviation security provided by the Immigration Department and provincial public security departments.
12. Implement measures to protect important structures relating to national security as prescribed by law.
Article 92. Responsibilities of aviation security control units
1. Implement aviation security control measures, participate in handling aviation security violation occurrences and respond to acts of unlawful interference with civil aviation activities at airports and aerodromes.
2. Ensure aviation security as prescribed by law.
3. Formulate and submit ASPs and contingency plans for response to acts of unlawful interference at airports and aerodromes to the Immigration Department for approval, and implement them after approval.
4. Establish mechanisms for cooperation with airports authorities, airport and aerodrome operators, local authorities, public security units, military units stationed in the vicinity of airports and aerodromes, and relevant agencies and units in ensuring aviation security, security, social order and safety.
5. Cooperate with airport and aerodrome operators in formulating ASPs and aerodrome contingency plans of airport and aerodrome operators; perform the duties within the bounds of their responsibilities after such ASPs and airport and aerodrome contingency plans are approved.
6. Carry out assessment and give recommendations to airport and aerodrome operators with regard to investment in, construction and renovation of structures serving aviation security assurance to ensure effectiveness and uniformity.
7. Implement internal security control and protect their aviation information systems.
8. Form aviation security control forces to implement measures to ensure security and maintain order at airports and aerodromes. Check, screen and supervise persons, baggage, cargo, mail, vehicles, fuel, meals and other articles before their introduction into restricted areas and aircraft; control and supervise persons, vehicles and items entering, leaving and operating within restricted areas. Organize supervision and protection of aircraft parked at airports; conduct aviation security searches.
9. Escort persons and special vehicles that may threaten aviation security as prescribed or upon request. Manage and supervise passengers refused entry as prescribed by law.
10. Propose to the Immigration Department, provincial public security departments and anti-terrorism steering committees of provinces and cities the implementation of enhanced aviation security control measures where appropriate. Implement enhanced aviation security control measures when appropriate levels of enhancement are applied as per regulations. Implement measures to respond to acts of unlawful interference according to approved plans and schemes.
11. Implement aviation security control measures on VIP flights on private planes, VIP flights on commercial planes and general aviation flights as prescribed by law.
12. Proactively review, report, and propose the organization of training, drills, and refresher courses on aviation security for aviation security control officers and personnel.
13. Propagate and disseminate regulations on aviation security to their officials and officers and educate them in the compliance with such regulations; provide information on and propagate regulations on aviation security assurance to air passengers.
14. Perform consolidation, reporting, production of statistics, management and archiving of documents in the field of aviation security; learn lessons from and review aviation security-related occurrences in their localities as prescribed; update and archive all domestic and foreign documents and regulations on aviation security for research and implementation.
15. Perform internal aviation security quality control duties in accordance with the law.
16. Where necessary, protect the scene in the event of civil aviation security and safety and public order violation occurrences and acts of unlawful interference with civil aviation activities occurring at airports and aerodromes.
17. Take part in appraising aviation security standards and requirements for planning, designing, constructing, renovating and upgrading infrastructure and equipment serving aviation security assurance by airports and aerodromes.
18. Effectively operate security infrastructure, equipment and machinery that have been invested in and equipped. Closely and promptly coordinate with airport operators in maintenance, servicing, and repair during operation.
19. Cooperate with relevant agencies and units to:
a) Manage, store, operate, and use structures, machinery and equipment serving aviation security assurance;
b) Coordinate with airport and aerodrome operators and relevant agencies and units in the conduct of aviation security risk assessments as prescribed; detect, prevent, and handle aviation security violation occurrences and respond to acts of unlawful interference;
c) Coordinate in the suspension of flights to prevent potential aviation security threats to flights;
d) Cooperate in the implementation of measures to protect important structures related to national security in accordance with law;
dd) Cooperate with public security authorities in escorting criminals.
20. Exchange information with airport and aerodrome operators on occurrences that disrupt operations, cause aviation security or public order disturbances, damage property, structures and vehicles at airports or on acts of unlawful interference with civil aviation activities.
21. Escort passengers who are unable to control their behavior upon request.
22. Conduct drills for response to acts of unlawful interference at grassroots level at airports and aerodromes as prescribed by law.
Article 93. Responsibilities of aviation service enterprises
1. Formulate ASPs, including contingency plans for response to acts of unlawful interference and organize the implementation thereof after obtaining approval; provide the approved ASP to units having the function of aviation security control and airport and aerodrome operators. Be subject to security inspections, examinations, oversight, assessments and tests by competent agencies in accordance with law and this Circular.
2. Organize the assurance of aviation security as prescribed in this Circular; ATS enterprises, air catering service enterprises, aviation fuel service enterprises and aircraft maintenance and repair enterprises shall form aviation security control forces responsible for aviation security assurance in areas within the bounds of aviation service enterprises’ responsibilities.
3. Assume their powers and responsibilities for initial response to acts of unlawful interference with civil aviation activities at service providers outside airports as prescribed by law.
4. Cooperate with aviation security control units, public security authorities, army authorities and relevant local authorities in handling aviation security violation occurrences in restricted areas of enterprises.
5. Collect information, grasp situation, assess and determine level of potential threats to aviation security to counsel the Immigration Department and anti-terrorism steering committees of provinces and cities on strengthening appropriate aviation security control measures.
6. Be subject to aviation security checks, oversight, testing, and investigation by competent agencies. Provide information and documents related to aviation security assurance to competent state agencies upon request.
7. Within the scope of their management, take responsibility for:
a) Identifying restricted areas of enterprises outside airports and aerodromes. Issuing and managing internal security permits and licenses as prescribed;
b) Conducting internal security control for aviation personnel. Organizing internal examination and oversight systems;
c) Protecting civil aviation information and civil aviation information technology systems under their management to combat unlawful access and interference that result in threat to civil aviation safety and theft of information that needs to be kept confidential as prescribed by law;
d) Implementing internal security quality control as prescribed;
dd) Providing professional and refresher training in aviation security to officials and personnel concerned as prescribed by law;
e) Propagate and disseminate regulations on aviation security to their officials and personnel and educate them in the compliance with such regulations; propagate regulations on aviation security, except restricted documents about aviation security through mass media.
8. Organize the signature of documents about cooperation in assurance of aviation security, security, social order and safety with local authorities, local public security units and military units in areas where service providers are available.
9. Conduct internal drills for response to acts of unlawful interference at grassroots level and take part in drills at industry and national levels as prescribed.
10. Follow the directions and professional guidelines for aviation security provided by the Immigration Department.
11. Regarding ATS enterprises having important structures relating to national security, take protection measures as prescribed by law.
12. Cooperate with aviation security assurance units in aviation security assurance in accordance the law.
13. Enterprises providing aviation services in terms of passenger services shall cooperate with immigration offices when implementing automatic immigration control, and cooperate with relevant agencies, units, and enterprises in establishing, operating and sharing passenger biometric and information authentication systems.
14. Enterprises providing passenger terminal operation services shall:
a) For domestic flights: preside over and cooperate with relevant enterprises in establishing, operating, and sharing passenger biometric and information authentication systems at terminals;
b) For international flights: Cooperate with immigration offices when implementing automatic immigration control and cooperate with relevant agencies, units, and enterprises in establishing, operating and sharing passenger biometric and information authentication systems at terminals.
Article 94. Responsibilities of airlines and aircraft operators
1. Formulate ASPs of the airlines and submit them to the Immigration Department and organize the implementation thereof after they are approved or accepted; provide the entire approved or accepted ASPs to units having the function of aviation security control and aviation security control units for inspection and surveillance of their compliance.
2. Organize professional training and refresher training in aviation security to their officials and personnel in accordance with law.
3. Cooperate with aviation security control units, airport and aerodrome operators and relevant agencies and units in handling aviation security violation occurrences and other aircraft-related violations during the periods of time over which aircraft are in service and not in service. Provide information and documents related to aviation security assurance upon request of the Immigration Department and aviation security control units at airports in relation to operations of airlines and aircraft operators.
4. Conduct pre-flight aviation security checks of aircraft and cooperate in aircraft security searches when there is intelligence indicating threats as prescribed by law. Ensure security and maintain order and discipline on board aircraft in flight.
5. Vietnamese airlines and aircraft operators shall:
a) Form aviation security control forces to take measures to control aviation security, maintain security, order and discipline on board aircraft and ensure security upon operation of aircraft outside airports and aerodromes;
b) Organize management of aviation security assurance in accordance with Articles 70, 71, 73, and 74 of this Circular;
c) Conduct assessments of aviation security assurance for the airlines’ operations at domestic and foreign airports and aerodromes; provide funding for the Immigration Department for its participation in security assessment activities of airlines at foreign airports;
d) Cooperate in implementing contingency plans for response to acts of unlawful interference with civil aviation activities within the bounds of their responsibilities as prescribed. Conduct drills for response to acts of unlawful interference at grassroots level; take part in drills at industry and national levels as prescribed;
dd) Identify boundaries of restricted areas under their management outside airports and aerodromes. Issue and manage internal security permits and crew identification cards as prescribed;
e) Arrange seats for in-flight security officers performing duties on flights at the request of the Immigration Department and competent agencies;
g) Implement internal security control applied to aviation personnel as prescribed;
h) Protecting their civil aviation information and civil aviation information technology systems to combat unlawful access and interference that result in threat to civil aviation safety and theft of information that needs to be kept confidential, including passenger’s personal information;
i) Disseminate regulations on aviation security to their officials and personnel and educate them in the compliance with such regulations; propagate and disseminate regulations on aviation security by appropriate methods to air passengers;
k) Report to the Immigration Department the differences of the airlines’ ASPs submitted to foreign aviation authorities from Vietnamese law. Follow the directions and professional guidelines for aviation security provided by the Immigration Department.
6. Foreign airlines must comply with all regulations of Vietnamese law on aviation security during their operation in Vietnam; designate and notify persons who are directly and totally for ensuring aviation security during their operation in Vietnam to the Immigration Department.
7. When selling air tickets, every airline must request passengers to provide their personal information according to the Appendix IX hereto. When accepting cargo or mail for carriage, every airline must notify passengers of their policies on carriage of special articles specified in Article 30 of this Circular or carriage of dangerous articles such as diplomatic pouches and consular pouches (if any).
8. Cooperate with aviation security assurance units in aviation security assurance in accordance the law.
9. Cooperate with immigration offices when implementing automatic immigration control and cooperate with relevant agencies, units, and enterprises in establishing, operating and sharing passenger biometric and information authentication systems at terminals.
Article 95. Responsibilities of relevant organizations and individuals
1. Comply with all regulations of this Circular and ASPs of airport and aerodrome operators when conducting activities at airports and aerodromes. Be subject to aviation security inspections, examinations, investigations, tests and assessments by the Immigration Department and provincial public security departments.
2. Regarding organizations and individuals providing non-aviation services at airports and aerodromes:
a) Protect their infrastructure, assets and equipment, ensure aviation security and maintain order for their activities through mechanisms for cooperation with airport and aerodrome operators;
b) Cooperate with aviation security control forces and relevant agencies and units in handling aviation security and order violation occurrences in areas under their management;
c) Ensure officials and personnel concerned are provided with training in aviation security as prescribed by law;
d) Propagate and disseminate regulations on aviation security to their officials and personnel and educate them in the compliance with such regulations;
dd) Enterprises that trade in products that contain LAGs and airlines must provide security tamper-evident bags to contain such LAGs (accompanied by purchase receipts) when selling such products to passengers at shops in international sterile areas and on international flights. The receipt shall contain: date of sale (day/month/year); international code of the selling place (country, airport, airline); flight number; name of the passenger (if any); quantity and list of items in the bag.
3. Passengers and consignors shall comply with regulations on aviation security assurance as prescribed in this Circular. Passengers must strictly follow security and order instructions of aviation security control forces and orders of crew members. In the case of non-compliance, they shall be handled depending on the nature and severity of the violation in accordance with regulations of law. Passengers are required to know contents of and take legal responsibility for their carry-on or checked baggage; cargo and mail consignors are required to know contents of and take legal responsibility for cargo and mail carried by aircraft.
4. Aviation personnel must comply with regulations on aviation security assurance in accordance with this Circular and regulations of law on aviation security; must not consume alcoholic beverages or other stimulants; if any violation is committed, he/she shall be suspended from performing duties and have his/her airport security permit and aviation personnel license revoked depending on the nature and severity of the violation.
Article 96. Funding for aviation security assurance
1. The Immigration Department shall, according to its assigned duties, make an annual estimate of funding derived from the state budget and other legal funding sources, and submit it to the Ministry of Public Security for approval.
2. Enterprises shall themselves provide funding for their aviation security assurance within the bounds of their responsibilities specified in this Circular and other regulations of law.
1. This Circular comes into force from the date on which it is signed for promulgation.
2. The Appendix I to the Circular No. 31/2025/TT-BCA dated May 21, 2025 is replaced with the Appendix IA to this Circular.
3. The Immigration Department, heads of agencies affiliated to the Ministry of Public Security, Directors of provincial public security departments, and relevant organizations and individuals are responsible for the implementation of this Circular./.
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THE MINISTER General Luong Tam Quang |
