Circular No. 31/2025/TT-BCA dated April 21, 2025 on regulations on aviation security cards, permits, certificates
|
MINISTRY OF
PUBLIC SECURITY OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
|
No. 31/2025/TT-BCA |
Hanoi, April 21, 2025 |
CIRCULAR
ON REGULATIONS ON AVIATION SECURITY CARDS, PERMITS, CERTIFICATES
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling some issues related to the reorganization of organizational structure of the State;
Pursuant to Decree No. 02/2025/ND-CP dated February 18, 2025 of the Government on functions, responsibilities, jurisdiction and organizational structure of the Ministry of Public Security;
At the request of the Director General of the Vietnam Immigration Department;
The Minister of Public Security promulgates the Circular on regulations on aviation security cards, permits, certificates.
Chapter I
GENERAL REGULATIONS
Article 1. Scope
This Circular regulates entities, requirements, jurisdiction, procedures for issuance and responsibilities for management and use of aviation security cards, permits, certificates.
Article 2. Regulated entities
This Circular applies to authorities, organizations, individuals engaging in civil aviation in Vietnam or civil aviation activities in the flight information region under the management of Vietnam; authorities responsible for state management and relevant authorities, organizations and individuals.
Article 3. Application of law
Regulations on aviation security cards, permits, certificates shall comply with this Circular and regulations in legislative documents issued before the effective date of this Circular without conflicting with regulations in this Circular.
Chapter II
AVIATION SECURITY CONTROL CARDS AND PERMITS
Article 4. Aviation security control cards and permits
1. Aviation security control cards and permits include:
a) Airport/aerodrome security control cards/permits with long-term and short-term use in accordance with Forms 6, 7, 8 and 9 in Appendix I attached to this Circular;
b) Internal security control cards/permits with long-term and short-term;
c) Crew identification cards.
2. Aviation security control cards and permits shall be kept confidential and counterfeiting shall be prevented.
3. Regulations on airport/aerodrome security control permits issued to vehicles in accordance with this Circular shall only apply to self-propelled vehicles and road vehicles.
4. The designs of crew identification cards; Internal security control cards/permits must not be identical with those of airport/aerodrome security control cards and permits and must be notified to the Vietnam Immigration Department of Police Departments of provinces and central-affiliated cities (hereinafter referred to as "province-level”) managing airports/aerodromes where the airlines or enterprises operates for supervision and management.
Article 5. Validity period of aviation security control cards and permits
1. Airport/aerodrome security control cards/permits with long-term use shall be valid for up to 02 years from the effective date of the cards.
2. Airport/aerodrome security control cards/permits with short-term use shall be valid for up to 30 days from the effective date of the cards.
3. Crew identification cards for Vietnamese airlines and Internal security control cards/permits with long-term-use shall be valid for up to 02 years from the effective date of the cards.
4. Internal security control cards/permits with short-term use shall be valid for up to 30 days from the effective date of the cards.
Article 6. Applicants, requirements for issuance of airport/aerodrome aviation security control cards
1. The following persons may obtain an airport/aerodrome security control card with long-term use:
a) Officials and staff of airlines, airport/aerodrome enterprises, service providers and tourism enterprises in airport/aerodrome restricted areas that sign a definite term employment contract or indefinite term employment contract in accordance with regulations of law on labor;
b) Staff of enterprises delivering cargoes and mails by air;
c) Staff of enterprises carrying out survey, construction, repair and maintenance of facilities and equipment at airport/aerodromes;
d) Officials and staff of State authorities, political organizations and socio-political organizations;
dd) Staff of foreign diplomatic missions, foreign consular missions and representative bodies of international organizations in Vietnam.
2. The persons prescribed in point a clause 1 of this Article shall be issued with an airport/aerodrome security control card with long-term use if they satisfy the following requirements:
a) They do not have criminal records in accordance with regulations of law;
b) They are assigned by airlines, supervisory enterprises to work shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome restricted areas within at least 03 consecutive months or carry out aviation inspection within restricted areas.
3. The persons prescribed in points b and c, clause 1 of this Article shall be issued with an airport/aerodrome security control card with long-term use if they satisfy the following requirements:
a) They do not have criminal records in accordance with regulations of law;
b) They are assigned by supervisory enterprises to work shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome restricted areas within at least 03 consecutive months.
4. The persons prescribed in point d clause 1 of this Article shall be issued with an airport/aerodrome security control card with long-term use if they do not have criminal records in accordance with regulations of law and satisfy one of the following requirements:
a) They perform security and national defense tasks related to civil aviation;
b) They serve VVIP flights and commercial flights in accordance with regulations of the law on VVIP flights and commercial flights;
c) They perform the task of welcoming and seeing off international guests of central-level political organizations and socio-political organizations; central- or province-level of State authorities;
d) They are regularly in charge of seeing off and welcoming important leaders, senior leaders of the Communist Party of Vietnam, the Socialist Republic of Vietnam, the Central Committee of the Vietnam Fatherland Front as prescribed in clause 1 Article 10 of the Law on Guard Forces; members of the Party Central Committee, alternate members of the Party Central Committee, Ministers and the equivalent or higher positions; former members of the Politburo, former Secretaries of the Party Central Committee, former Vice Presidents of the Socialist Republic of Vietnam, former Vice Presidents of the National Assembly, former Deputy Ministers; Secretaries and Deputy Secretaries of Party Committees of provinces and central-affiliated cities; province-level Presidents of People’s Councils, Presidents of People’s Committees; Deputy Ministers of Public Security; Deputy Ministers of Construction; Deputy Ministers of National Defense, Deputy Chiefs of the General Staff, Director of Operations of General Staff, Chief and Deputy Chiefs of General Political Department of Vietnam People's Army; vehicle operators prescribed in points b and c, clause 7 of this Article;
dd) They are assigned by the supervisory organization to work shifts or on a daily basis or on a weekly/monthly basis within airport/aerodrome restricted areas within at least 03 consecutive months or carry out aviation inspection within restricted areas;
e) The head of the issuing authority shall consider, decide and take responsibility for special cases.
5. The persons prescribed in point dd clause 1 of this Article shall be issued with an airport/aerodrome security control card with long-term use to enter international airport if they regularly perform tasks in diplomatic and consular matters within airport/aerodrome restricted areas.
6. Eligible applicants and requirements for issuance of the airport/aerodrome security control card with short-term use include:
a) The persons who perform unexpected tasks within airport/aerodrome restricted areas or the persons prescribed in Clause 1 of this Article may obtain an airport/aerodrome security control card with short-term use if they have not yet obtained an airport/aerodrome security control card with long-term use;
b) Any person who receives an airport/aerodrome security control card with short-term use must read and understand card regulations prescribed in this Circular and undertake to disseminate card regulations to the card holder. The card holder shall make contact himself/herself so that he/she is escorted to the restricted area as prescribed by law;
c) The head of the issuing authority shall consider, decide and take responsibility for special cases.
Article 7. Entities, requirements for issuance of airport/aerodrome aviation security control permits
1. The following entities are eligible for an airport/aerodrome security control permit with long-term use:
a) Vehicles that regularly operate within airport restricted areas;
b) Vehicles that are under the management of the Communist Party and the State, and are used to serve VVIP flights, commercial flights;
c) Vehicles that are under the management of the Communist Party and the State, and are used to serve leaders of the Communist Party and the State prescribed in point d clause 4 Article 6 of this Article.
2. The following entities are eligible for an airport/aerodrome security control permit with short-term use:
a) Vehicles that are used to transport international guests from the ministerial rank or higher;
b) Vehicles that perform unexpected tasks to perform state management, national defense and security, health, foreign affairs tasks; serve activities of airports/aerodromes within restricted areas;
c) Vehicles prescribed in clause 1 of this Article but yet to be with the permit with long-term use;
d) The head of the issuing authority shall consider, decide and take responsibility for special cases.
3. Any person who receives an airport/aerodrome security control permit with short-term use must read and understand permit regulations prescribed in this Circular and undertake to disseminate permit regulations to the operator of vehicle issued with a permit. The operator of vehicle issued with a permit shall make contact himself/herself so that he/she is escorted to the restricted area as prescribed by law;
Article 8. Scope of issuance of airport/aerodrome aviation security control cards and permits
1. Scope of issuance of airport/aerodrome aviation security control cards:
a) The person who works at only one airport/aerodrome shall only be issued with an airport/aerodrome security control card with long-term use that is only accepted at the airport/aerodrome where he/she is working;
b) The person who works at multiple airports shall be issued with an airport/aerodrome security control card with long-term use that is only accepted at the airport/aerodrome where he/she is working;
c) The person that works or operates in a restricted area shall be only issued with an airport/aerodrome security control card that is only accepted in such restricted area; the person that works or operates in a restricted area shall be only issued with an airport/aerodrome security control card that is only accepted at such restricted area for the working/operating period;
d) The airport/aerodrome security control card with short-term use shall be only accepted at one airport/aerodrome.
2. Scope of issuance of airport/aerodrome aviation security control permits:
a) The vehicle that works or operates in a restricted area shall be only issued with an airport/aerodrome security control card that is only accepted in such restricted area; the vehicle that works or operates in a restricted area shall be only issued with an airport/aerodrome security control card that is only accepted at such restricted area for the working/operating period;
b) The airport/aerodrome security control card with long-term/short-term use shall be only accepted at one airport/aerodrome.
Article 9. Authority for issuance of airport/aerodrome aviation security control cards and permits
1. The Vietnam Immigration Department shall:
a) Issue airport/aerodrome security control cards with long-term use within at least 02 airports/aerodromes to eligible applicants and applicants operating at airports/aerodromes of which aviation security is in charge by the Vietnam Immigration Department;
b) Issue airport/aerodrome security control cards with short-term use and airport/aerodrome security control permits with long-term/short-term use to entities operating at airports/aerodromes of which aviation security is in charge by the Vietnam Immigration Department;
2. Province-level Police Departments shall issue airport/aerodrome security control cards and permits with long-term/short-term use to entities operating at airports/aerodromes of which aviation security is in charge by province-level Police Departments.
3. Airlines shall issue crew identification cards to crews operating in restricted areas related to crews’ tasks.
4. Enterprises in charge of exclusive-use restricted areas shall issue Internal security control cards and permits to entities operating within their exclusive restricted areas.
Article 10. Procedures for issuance, re-issuance of airport/aerodrome aviation security control cards and permits
1. Procedures for issuance, re-issuance of airport/aerodrome aviation security control cards and permits with long-term use are as follows:
a) The applicant shall submit an application to the issuing authority in person, by post or via electronic means in accordance with Appendix I attached to this Circular;
b) Within 01 working day from the receipt of the application, the issuing authority shall notify and request for additional documents if the application is invalid.
Within 07 working days from the receipt of the satisfactory application and the fulfillment of fee obligation, the issuing authority shall issue cards and permits if the applicant is eligible; the issuing authority shall notify the applicant in writing or via electronic means stating the reasons if the applicant is ineligible;
c) The applicant may receive the results in person or by post. The applicant shall pay postage fee in case of receiving by post.
2. Procedures for issuance, re-issuance of airport/aerodrome aviation security control cards and permits with short-term use are as follows:
a) The applicant shall submit an application to the issuing authority in person, by post or via website in accordance with Appendix I attached to this Circular;
b) Within 60 minutes from the receipt of the satisfactory application and the fulfillment of fee obligation, the issuing authority shall issue cards and permits if the applicant is eligible; the issuing authority shall notify the applicant in person or via electronic means stating the reasons if the applicant is ineligible;
c) The applicant shall receive cards or permits in person.
3. Appraisal, explanation of issuance of airport/aerodrome aviation security control cards and permits
a) The issuing authority shall appraise the application and other details related to entities, requirements, scope and validity period of cards and permits;
b) The applicant shall explain and provide proofs to the issuing authority to make clear contents prescribed in point a clause 3 of this Article during the appraisal of the application;
c) The issuing authority may refuse to issue cards and permits if the applicant fails to explain and provide proofs, or violates regulations on management and use of cards and permits, or provide false information in the application.
Article 11. Management and use of airport/aerodrome aviation security control cards and permits
1. The card holder and operator of the vehicle issued with the permit shall store their card/permit and not allow another person to use them in any circumstance. If card holder/ vehicle issued with the permit no longer performs tasks within restricted areas, the card/permit shall be returned to the authority applying for the card/permit, which will return it to the issuing authority. If the card/permit is lost, immediately inform the issuing authority and supervisory authority.
2. Airport/aerodrome aviation security control cards and permits shall be revoked in one of the following cases:
a) The card holder and operator of the vehicle issued with the permit violate regulations on aviation security;
b) The card holder and operator of the vehicle issued with the permit disturb order at the airport/aerodrome;
c) The card holder and operator of the vehicle issued with the permit violate regulations on use of cards and permits;
d) That person is not eligible for issuance of the card;
dd) That vehicle is not eligible for issuance of the permit;
3. The head of the authority/unit managing the card holder/ vehicle issued with the permit shall:
a) Ensure the card /permit is issued to the entities as prescribed in Articles 6 and 7 of this Circular;
b) Ensure the accuracy of the application for issuance of the card /permit;
c) Explain and provide proofs to the issuing authority during the appraisal of the application;
d) Impose regulations on management and use of cards and permits; revoke and transfer to the issuing authority the revoked cards and permits as prescribed in clause 2 of this Article, and invalid cards and permits as prescribed in point a clause 1 Article 13 of this Article. The cases of card/permit loss shall be immediately notified to the issuing authority in writing. Within 15 days from expiry date of the card/permit, it shall be destroyed.
4. Persons entering, leaving, working in restricted areas shall wear airport/aerodrome aviation security control cards and permits except for officials and staff of immigration authorities who use badge models as prescribed by the Ministry of Public Security.
Article 12. Posting and archive of airport/aerodrome aviation security control cards and permits
1. At issuing authorities, regulations on applications and procedures for issuance of cards and permits shall be posted. Card and permit delivery logbook shall be available.
2. Applications for issuance of cards and permits shall be archived and destroyed in accordance with regulations of the law on archiving.
Article 13. Cases of invalid aviation security control cards and permits, and re-issuance of aviation security control cards and permits
1. An aviation security control card/permit shall be invalid in the following cases:
a) The card or permit is damaged or blurred or no longer bears the security symbol;
b) The card or permit is revoked as prescribed in clause 2 Article 11 of this Circular;
c) The card or permit is lost;
d) The card or permit has to be revoked but the holder fails to return the card or permit to the issuing authority.
2. The issuing authority shall update the cases of lost cards/permits to the database or notify in writing to the aviation security control forces to promptly prevent the use of the lost cards/permits. Within 15 days from the receipt of the invalid card/permit, the issuing authority shall destroy it.
3. Airport/aerodrome aviation security control cards and permits shall be re-issued in the following cases:
a) The card or permit is still valid but is blurred, damaged or no longer bears the security symbol;
b) The card or permit is expired or lost, or the card /permit holder is reassigned to another authority/task, or the name of the authority applying for the card /permit is changed.
Chapter III
AVIATION SECURITY INSPECTOR AND INTERNAL SECURITY INSPECTOR CARDS
Article 14. Aviation security inspector and internal security inspector cards
1. Aviation security inspector card is prescribed in Appendix II attached to this Circular.
2. Internal security inspector card shall be issued by an airline, enterprise having an aviation security program (hereinafter referred to as “ASP”), aviation security regulation (hereinafter referred to as “ASR”). Its model shall be not the same as aviation security inspector cards and notified to the Vietnam Immigration Department, province-level Police Department managing the airport/aerodrome where the airline, enterprise operates for supervision and management.
3. Aviation security inspector and internal security inspector cards shall be kept confidential and counterfeiting shall be prevented.
Article 15. Entities, requirements for issuance of aviation security inspector and internal security inspector cards
1. Officials and officers of the Vietnam Immigration Department, Immigration Office, province-level Police Department of provinces where an airport/aerodrome is located are eligible for aviation security inspector cards when they satisfy the following requirements:
a) He/she must have profound knowledge and experience in aviation security;
b) He/she has at least 03 years’ experience of working in aviation security or at least 02 years if he/she has worked for the police;
c) He/she has completed a training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on aviation security training.
2. Officials, staff of airlines, enterprises having ASR, ASP are eligible for internal security inspector cards when they satisfy the following requirements:
a) He/she has at least 02 years’ experience of working in aviation security or at least 01 years if he/she has worked for the police or the army;
b) He/she has completed a training course offered to aviation security inspector and been issued with a certificate in accordance with regulations on aviation security training.
3. Aviation security inspectors and internal security inspectors shall be trained in accordance with aviation security training regulations of the Ministry of Public Security.
Article 16. Authority for issuance of aviation security inspector and internal security inspector cards
1. The Director General of the Vietnam Immigration Department shall issue aviation security inspector cards.
2. Airlines, enterprises having ASR, ASP shall issue internal security inspector cards.
Chapter IV
AVIATION SECURITY CONTROL STAFF PERMITS AND AVIATION SECURITY CONTROL STAFF RATINGS
Article 17. Aviation security control staff permits and aviation security control staff ratings
1. Aviation security control staff permit is prescribed in Appendix III attached to this Circular.
2. An aviation security control staff permit is valid for 08 years from the date of issuance. The security screener rating shall be valid for 12 months from the date of issuance. Mobile security staff and security controller ratings shall be valid for 24 months. In case of failure to perform the task prescribed in the rating for more than 06 consecutive months, the rating shall be invalid. An examination for the rating shall be taken upon returning to work.
Article 18. Entities, requirements for issuance of aviation security control staff permits and aviation security control staff ratings
1. Upon performing their tasks, the aviation security control staff shall hold an valid license and rating issued by the Vietnam Immigration Department.
2. Requirements for issuance of aviation security control staff permits and aviation security control staff ratings are as follows:
a) A person holds an appropriate professional certificate; has at least 01 month internship certified by the supervisory authority;
b) A person takes an examination for the aviation security permit and rating organized by the examination council of the Vietnam Immigration Department, gets at least 85 scores and does not have a 0 (zero) score.
Article 19. Authority for issuance of aviation security control staff permits and aviation security control staff ratings
The Vietnam Immigration Department shall issue aviation security control staff permits and aviation security control staff ratings for the aviation security control staff.
Article 20. Procedures for issuance of aviation security control staff permits and aviation security control staff ratings
1. The authority and unit applying for initial issuance of, re-issuance of aviation security control staff permits, and extension, supplementation and restoration of aviation security control staff ratings shall apply 01 set of application in person, by post or via electronic means as prescribed in Appendix III attached to this Circular to the Vietnam Immigration Department and take responsibility for the accuracy of information in the application.
2. The Vietnam Immigration Department shall appraise the application as follows:
a) Within 02 working days from the receipt of the application, the Vietnam Immigration Department shall notify and request for additional documents if the application is invalid or the applicant has not pay the fee as prescribed by law.
b) The Vietnam Immigration Department shall appraise the application, carry out inspection and issue/re-issue the permit or extend, add or restore validity of the rating within 20 working days in the case of issuance or re-issuance of the permit when expired, extension, addition or restoration of validity of the rating; within 07 working days in the case of re-issuance of the permit when lost or damaged, from the receipt of the satisfactory application. Issued, re-issued, extended, supplemented, restored permits and ratings shall be sent in person, by post or via electronic means to the applicants. A written or electronic notification stating the reason shall be sent if the application for issuance, re-issuance, extension, supplementation, restoration of permits and ratings is not valid.
Article 21. Suspension and revocation of aviation security control staff permits and aviation security control staff ratings
1. The Vietnam Immigration Department shall suspend or revoke aviation security control staff permits (except in the case the aviation security control staff has his/her permit suspended as prescribed by the Government regarding administrative penalties for violations against civil aviation regulations) in the following cases:
a) The permit will be revoked if its holder is no longer eligible to be issued with the permit as prescribed in clause 2 Article 18 of this Article;
b) The permit will be suspended within 01 month if its holder is issued with a reprimand or make professional mistakes but does not threaten the security;
c) The permit will be suspended within 03 months if its holder is issued with a reprimand for a second time or a warning;
d) The permit will be suspended within 06 months if its holder fails to perform the task inappropriate to his/her qualification specified in the permit or rating;
dd) The permit will be revoked if its holder makes professional mistakes, thereby threatening the security at an airport/aerodrome or conceals violations against regulations on aviation security.
2. Upon returning to work, the person whose aviation security control staff permit is revoked as prescribed in clause 1 of this Article shall take an examination for the aviation staff permit and rating.
Chapter V
AVIATION SECURITY CONTROL CARDS AND PERMITS FOR SERVING VVIP FLIGHTS AND COMMERCIAL FLIGHTS
Article 22. Airport/aerodrome security control cards/permits for staff serving VVIP flights and commercial flights
1. The issuance, management and use of airport/aerodrome security control cards/permits for staff serving VVIP flights and commercial flights shall comply with regulations in Chapter II of this Circular.
2. The model of airport/aerodrome security control cards/permits for staff serving VVIP flights and commercial flights shall comply with regulations in Chapter I attached to this Circular.
3. The head of the unit serving VVIP flights and commercial flights shall formulate the list of staff, vehicles that regularly serve VVIP flights and commercial flights including specific regular tasks of staff and vehicles to request the issuing authority to issue airport/aerodrome security control cards/permits with long-term use for above staff and vehicles.
4. The head of the unit serving VVIP flights and commercial flights shall formulate the list of staff, vehicles including specific tasks of staff and vehicles to request the issuing authority to issue airport/aerodrome security control cards/permits with short-term use for above staff and vehicles.
5. Upon assurance of security and safety of VIP, the guard force of People’s Public Security shall use cards, car badges, security PIN issued by the Commander of VIP Protection Command to operate in restricted areas and shall notify card/badge models, security PIN to the Vietnam Immigration Department for cooperation.
Chapter VI
IMPLEMENTATION CLAUSE
Article 23. Responsibilities of the Vietnam Immigration Department
1. Take charge, advise the leaders of the Ministry of Public Security to direct the issuance, management, supervision, instruction on use of aviation security cards, permits, certificates.
2. Inspect, instruct province-level Police Departments, relevant authorities, organizations and individuals to implement the issuance, management, use of aviation security cards, permits, certificates
3. Decide on restricting individuals and vehicles issued with airport/aerodrome security control cards/permits to enter restricted areas, and immediately cooperate with the Civil Aviation Authority of Vietnam and relevant airport authorities in case of application of enhanced security measures, emergencies at the airport, or for security reasons.
4. Take charge, cooperate with the Department of Industry and Security to produce the templates of aviation security cards, permits, certificates; ensure the confidentiality and prevent counterfeiting, promptly meet the requirements of competent issuing authorities.
Article 24. Responsibilities of the VIP Protection Command
Take charge, advise the leaders of the Ministry of Public Security to issue instructions on entities, procedures for issuance, management and use of cards, badges, security PIN to operate in restricted areas of airports/aerodromes serving VVIP flights in accordance with clause 5 Article 22 of this Circular.
Article 25. Responsibilities of province-level People’s Committees of provinces of provinces where airports/aerodromes are located
1. Take charge in issuance, management, supervision, instruction on use of airport/aerodrome security control cards/permits at airports/aerodromes managed by the province-level People’s Committees of provinces.
2. Decide on restricting individuals and vehicles issued with airport/aerodrome security control cards/permits to enter restricted areas, and immediately cooperate with the Vietnam Immigration Department and relevant airport authorities in case of application of enhanced security measures, emergencies at the airport, or for security reasons.
Article 26. Effect and transitional provision
1. This Circular comes into force from April 21, 2025.
2. Aviation security cards, permits, certificates issued before the effective date of this Circular shall be valid until the expiration date prescribed in the cards, permits, certificates.
Article 27. Implementation
1. The Vietnam Immigration Department is responsible for cooperating with relevant units to supervise, inspect, and instruct the implementation of this Circular.
2. The heads of units affiliated to Ministry of Public Security, Directors of province-level Police Departments are responsible for implementation of this Circular.
If there are any difficulties or obstacles during the implementation of this Circular, police authorities of units, provinces; relevant authorities, organizations, individuals shall report to the Ministry of Public Security (through the Vietnam Immigration Department) for instructions./.
|
|
MINISTER |
Ý kiến bạn đọc
