Procedures for handling disruptive passengers in aviation in Vietnam

Procedures for handling disruptive passengers in aviation in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for handling disruptive passengers in Vietnam

According to Article 59 of Circular 13/2019/TT-BGTVT, the process of handling disruptive passengers in the aviation field is as follows:

- If the disruptive passenger has yet to embark the aircraft, the aviation security control force shall prevent him/her from embarking the aircraft, temporarily seize him/her and his/her identity documents.

The next steps shall be taken as prescribed in Articles 83 and 84 of Circular 13/2019/TT-BGTVT. The handling shall minimize effects on normal operation of airports and aerodromes.

- If the passenger has embarked the aircraft and the aircraft is on the ground, the pilot-in-command shall apply appropriate measures within his/her power; decide to land off if necessary for security and safety reasons;

Notify the airline representative; the airline representative shall notify the aviation security control force and airports authority at the airport/aerodrome for cooperation in handling.

- If the aircraft is in flight, the pilot-in-command shall apply appropriate measures within his/her power; decide to land off if necessary for security and safety reasons; notify the airline representative or aviation authority at the airport (if there is no airline representative) where the aircraft lands;

The pilot-in-command shall, on a case by case basis, make an administrative violation record or report the case as prescribed by the law on administrative penalties for violations against civil aviation regulations or make a record according to regulations of the home country and transfer the case to the aviation authority at the airport where the aircraft lands.

- Upon receiving the notification, the aviation security control force at the airport/aerodrome shall immediately board the aircraft to cooperate with the crew in taking necessary coercive measures to escort the disruptive passenger off the aircraft, temporarily seize his/her identity documents and items;

The crew shall prepare a report on the case and transfer it to the airports authority and the airline representative shall be present to witness and cooperate in handling the case.

- When informed, the relevant airports authority shall be immediately present at the place where the case is handled to directly assess and decide to handle it within its power; supervise the entire process of handling the case, even on board the aircraft;

Preside over and cooperate with the aviation security control force at the airport/aerodrome and airline in assessing the case and deciding to take necessary security measures;

Request the transfer of the case file; suspend or allow to resume the flight; make records and impose penalties for administrative violations; if the case is beyond its power, transfer it to the competent authority.

2. Rules for taking actions against violations in Vietnam

 Rules for taking actions against violations according to Article 83 of Circular 13/2019/TT-BGTVT are as follows:

- Actions against all aviation security violations shall be promptly and rapidly taken to prevent them from spreading and minimize their effects.

Actions against violations shall be taken according to their nature, degree and effects, and applicable regulations of law. The boarding of the aviation security control force to suppress, coerce and escort violators is carried out at the request of the pilot-in-command or the airports authority except the case of responding to acts of unlawful interference with civil aviation.

- All aviation security control forces shall designate an area for taking actions against violations, make sure actions against violations are taken in a quick, safe and convenient manner and minimize effects on normal operation of airports, aerodromes and flights.

- Airports authorities shall preside over and cooperate with relevant authorities and units operating at airports and aerodromes in reaching an agreement on issues concerning cooperation in taking actions against violations of aviation security and public order at airports and aerodromes and resolution of difficulties that arise from the cooperation process.

Aviation service providers shall cooperate with police authorities and local authorities in taking actions against aviation security violations committed within areas outside airports and aerodromes under their management.

- Airports authorities, units and enterprises that have aviation security control forces shall assign their staff to be on duty 24/7, and publish hotline to promptly take actions against violations of aviation security and public order.

- Documents, procedures, records and decisions on actions against violations shall be prepared and retained as prescribed by law.

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