Nghị định 29-CP

DECREE

PROMULGATING THE REGULATION ON THE COORDINATION OF ACTIVITIES OF THE STATE MANAGEMENT AGENCIES AT CIVIL AIRPORTS AND AIRFIELDS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Vietnam Civil Aviation of December 26, 1991 and the Law on the amendment and supplementation of a number of articles of the Law on Vietnam Civil Aviation of April 20, 1995;
At the proposal of the Director of the Department of Vietnam Civil Aviation,

DECREES:

Article 1.- To promulgate together with this Decree the Regulation on the coordination of activities of the State management agencies at civil airports and airfields.

Article 2.- This Decree takes effect from the date of its signing. All stipulations issued earlier are now annulled.

Article 3.- The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

REGULATION ON THE COORDINATION OF ACTIVITIES OF THE STATE MANAGEMENT AGENCIES AT CIVIL AIRPORTS AND AIRFIELDS
(issued together with Decree No.29-CP of April 2, 1997 of the Government)

Article 1.- This Regulation stipulate the tasks and principles on the coordination of activities of the agencies exercising the function of State management at civil airports and airfields.

Article 2.- The agencies mentioned in Article 1 of this Regulation are those agencies exercising the specialized function of State management in the operation of civil airports and airfields, border gate security and border gate customs check; border gate control of cultural products; border gate control of plant and animal epidemics; border gate quarantine control and other activities at civil airports and airfields as provided for by law.

Article 3.-

1. The agencies exercising the function of State management at civil airports and airfields shall conduct their professional activities on the principle of independence without affecting the normal operation of airports and airfields.

2. The agencies exercising the function of State management at civil airports and airfields shall have to closely cooperate with one another to fulfil the task assigned and settle any problem that may arise on the principle of respect for each other�s function, power and task. In case the agencies concerned cannot reach agreement on the way of settling a problem that has cropped up which must be promptly solved to ensure a regular, continuous and safe operation of an airport or airfield, the Director of the airport administration is allowed to decide it and shall bear responsibility for his decision, and at the same time, he must report it immediately to the higher level agency.

Article 4.-

1. The airport administration shall exercise the function of managing the civil airports and airfields and ensuring security and safety for all activities at airports and airfields; directing the coordination of activities among the agencies that exercise the function of State management and the professional and business units at airports and airfields with a view to ensuring that the airports and airfields operate and are used in accordance with law.

2. In case there are breaches of airport law or threats to the security and safety of civil aviation, emergency cases or accidents at civil airports or airfields, the Director of the airport administration shall have to direct the units concerned to take suitable measures to cope with it; decide administrative sanctions within his jurisdiction, or transfer the matter to the authorized State agencies to study and settle in accordance with law.

3. In case a dangerous epidemic is announced at an airport or airfield, the Director of the airport administration shall have to direct the units concerned to immediately take necessary measures to prevent the spread of the epidemic and stamp it out under the professional guidance of the authorized State agencies.

Article 5.- The border gate police office shall have to manage and check the exit and entry visas of passengers and the crew on international flights via international civil airports and airfields; supervise, detect and cooperate with the specialized agencies to promptly handle the acts that threaten national security at border gates as provided for by law.

Article 6.- The border gate customs office shall have to conduct customs supervision and control of the export and import of commodities, luggage, post, postal packages, belongings and other property (foreign and Vietnamese currencies), the departure, arrival or transit of airliners through the international civil airports or airfields; handle the smuggling of those commodities and things that are banned from being imported and exported and the breaches of customs regulations in accordance with law.

Article 7.- The border gate cultural products control office shall have to supervise and check the contents of the cultural products that are exported or imported at the international civil airports and airfields; and cooperate with the border gate customs office to handle the violations as stipulated by law.

Article 8.- The border gate quarantine office shall have to conduct quarantine control at the international civil airports and airfields; cooperate with the airport medical center and the local medical service to prevent the spread of contagious diseases through passengers entering Vietnam or departuring from Vietnam; and handle the violations of quarantine control at the border gates in accordance with law.

Article 9.- The border gate animal and plant epidemics control office shall have to conduct epidemic control of the animals and plants that are exported, imported or in transit through the international civil airports and airfields, prevent the spread of dangerous epidemics through the animals and plants entering Vietnam or departuring from Vietnam; and cooperate with the border gate customs office to handle violations of the epidemic control of animals and plants at border gates in accordance with law.

Article 10.- The agencies and units operating at civil airports and airfields shall have to hold regular inter-unit meetings every month to draw experiences from the coordination of their activities, and when necessary, they can hold an irregular meeting. The Director of the airport administration shall convene and preside over these meetings.

Article 11.-

1. The agencies exercising the function of State management at civil airports and airfields shall have their separate workplace in the terminal area suitable to perform their task. These agencies shall have to discuss with the Director of the airport administration the installation of their specialized equipment.

2. While doing their duty the officers and personnel of the agencies exercising the function of State management at civil airports and airfields must wear the uniform of their branch and an ID card with portrait issued by the specialized agency for State management of airports, and can do their duty only within the stipulated area. In a special case when they find it necessary to do their duty outside the stipulated area, they must obtain the consent of the Director of the airport administration.

Article 12.-

1. The border gate police office shall supervise the transit passengers on international flights that are allowed to stay back on board, or in a reserved area at the terminal, or in transit hotels. Those transit passengers who wish to pass the border gate must go through the procedure of temporary entry and re-exit, and the same procedure of customs control as that of other passengers on entry and exit.

2. The transit commodities, luggage, post and postal packages must be left on board or can be unloaded from the plane if it is so allowed by the Director of the airport administration, and must be subject to the supervision of the border gate customs office till their departure from Vietnam.

Article 13.-

1. The control and supervision by the agencies exercising the function of State management over the activities of a foreign airliner, its crew and personnel must be exercised by professional measures as provided for by law.

2. In a special case when the airport authority, police and customs, the cultural products control office, the quarantine control office, and the animal and plant epidemic control office want to directly check inside a foreign airliner parking in an international civil airport or airfield, they must get the consent of the captain of the airliner. If they fail to get such consent, they must report it to the Director of the Department of Civil Aviation of Vietnam for decision.

Article 14.- The Department of Civil Aviation of Vietnam shall reach agreement with the agencies concerned on the departure and arrival procedure for passengers, luggage, commodities, post and postal packages at civil airports and airfields in order to give convenience and fast service to passengers and to ensure that the supervision and control of the specialized State management agencies conform to Vietnam�s laws, to the international Treaties which Vietnam has signed or acceded to, and to international practice.

Article 15.- The Director of the Department of Civil Aviation of Vietnam shall cooperate with the Minister of Defense to issue concrete stipulations concerning the management and regulation of flights at those airports and airfields used by both the civil aviation service and the defense service.

Article 16.- The Director of the Department of Civil Aviation of Vietnam shall have to direct, organize the coordination of activities in, and check the implementation of this Regulation.