What are regulations on aviation security program and aviation security regulation in Vietnam?

1. What are regulations on aviation security program and aviation security regulation in Vietnam?

In Article 4 of Circular 13/2019/TT-BGTVT, there are regulations on aviation security program and aviation security regulation in Vietnam are prescribed as follows:

1. Airport/aerodrome operators shall preside over and cooperate with airports authorities and relevant authorities and units at the airport/aerodrome in designing an aviation security program (hereinafter referred to as “ASP”) and submit it to the CAAV for approval; provide the conformity part of the ASP according to the list provided in the approved ASP.

2. The specialized aerodrome operator design an ASP and submit it to the CAAV for approval; provide the conformity part of the ASP according to the list provided in the approved ASP.

3. Vietnamese airlines shall design an ASP; aviation security assurance service providers, ATS providers; aircraft and aircraft equipment maintenance, repair and manufacturing enterprises; aviation service providers at airports/aerodromes; and cargo and mail handling facilities shall make aviation security regulation (hereinafter referred to as “ASR”) and submit it to the CAAV for approval; provide the conformity part of the ASP and ASR according to the list provided in the approved ASP and ASR.

4. Foreign airlines engaged in scheduled airlines that operate inbound and outbound flights shall submit a civil aviation security program for their operation in Vietnam to the CAAV for approval; provide the conformity part of the ASP to airports authorities, airport/aerodrome operators and aviation security inspection department at airports/aerodromes at which the schedule airlines operate.

5. ASPs and ASRs of units and enterprises specified in Clauses 1, 2, 3 and 4 of this Article shall define responsibilities of relevant collective and individuals for aviation security assurance, aviation security assurance procedures and measures specified in this Circular. Contents of ASPs and ASRs of Vietnamese airlines, Vietnamese aircraft operators, ATS providers, aviation security assurance service providers and aviation service providers pertaining to operations at airports shall comply with regulations of law and conform to the ASP and contingency plans of airport/aerodrome operators.

6. Contents of ASPs and ASRs of units and enterprises specified in Clauses 1, 2, 3 and 4 of this Article shall be developed according to the outline specified in the Appendices I, II, III, IV and V hereof.

2. What are procedures for approving ASPs and ASRs and ASPs of foreign airlines in Vietnam?

In Article 5 of Circular 13/2019/TT-BGTVT as amended by Article 1 of Circular 41/2020/TT-BGTVT stipulating procedures for approving ASPs and ASRs and ASPs of foreign airlines in Vietnam as follows:

1. The applicant having the ASP or ASR shall submit 03 applications (if the applicant is a Vietnamese enterprise, the application shall be made in Vietnamese language; if the applicant is a foreign airline, the application shall be made in English language, enclosed with a Vietnamese translation) to the CAAV, whether directly or by post or another appropriate manner. The application includes:

a) An application form, which is made using the form in the Appendix VI hereof;

b) ASP/ASR;

c) An assessment of differences of the airline’s ASP from regulations of Vietnamese law and measures for remedying differences (if the application for approval for ASP is submitted by the foreign airline).

2. If the application is not completed as prescribed in Clause 1 of this Article, within 03 working days, the CAAV shall request the applicant in writing to complete it.

3. If the application is completed as prescribed in Clause 1 of this Article, within 10 working days from the receipt of the application, the CAAV shall appraise it and carry out a site inspection.

a) If the ASP or ASR complies with all regulations of this Circular, issue an approval decision (in the case of the foreign airline's ASP);

b) If the ASP or ASR fails to comply with all regulations of this Circular, request the applicant in writing to make amendments to the ASP/ASR.

Best Regards!