Nghị định 03/2009/ND-CP

DECREE

ON THE GOVERNING OF FLIGHTS FOR DIGNATRIES

THE GOVERNMENT

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Vietnam Law on Civil Aviation dated June 29, 2006;

Upon request of the Minister of Transport,

DECREE

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and subject of application

1. This Decree stipulates the operation and governing of flights for Vietnam and foreign dignitaries within Vietnam’s airspace and defines the responsibilities of entities concerning governing flights for dignitaries for Dignitary flights.

2. This Decree applies to entities engaging in the governing of flights for Vietnamese and foreign dignitaries within Vietnam’s airspace (hereinafter referred to as “dignitaries ‘flight governing activities”).

Article 2. Interpretation

For the purpose of this Decree, terms herein shall be construed as follows:

1. Dignitary flight is a flight operated exclusively or in combination with a commercial flight as endorsed and announced by the competent Government authority in accordance with this Decree.

2. Vietnamese dignitary flight is a dignitary flight operated by a Vietnamese airline or a body of the Ministry of National Defense within or beyond Vietnam’s airspace.

3. Foreign dignitary flight is a dignitary flight operated by a foreign airline or foreign entity into/through/out of Vietnam’s territories.

4. Welcoming and farewell courtesies for dignitary flights herein refer to the protocol in an airport or apron for welcoming and bidding farewell to Vietnamese or foreign dignitaries arriving, transiting or leaving Vietnam.

Article 3. Principles of dignitary flight governing

1. Maintain absolute security and safety

2. Conform to regulatory dignitary’s aircraft standards.

3. Keep confidentiality under regulations of laws.

4. Provide punctual and proper dignitary flight governing services

5. Assure welcoming and welfare courtesies for dignitary flights

Article 4. Detail regulations on dignitary flight governing

1. The Minister of Transport shall set standards of aircraft, aircrew and aviation staff, procedures for management, implementation, operation and other governing activities for the governing of dignitary flights operated by Vietnamese airline.

2. The Minister of National Defense shall set standards of aircraft, aircrew and relevant entities, procedures for welcoming and farewell courtesies; procedures for management and implementation of dignitary flight governing activities for Vietnam military dignitary flights and shall specify regulations on cooperation in management and protection of dignitary flights within Vietnam’s airspace.

3. The Ministry of Public Security shall take charge of and cooperate with the Ministry of Transport in giving instructions on implementation of security measures applicable to Vietnamese and foreign dignitary flights.

4. The Ministry of National Defense shall take charge of and cooperate with the Ministry of Foreign Affairs, Ministry of Public Security and local authorities in implementing security measures for dignitary flights operated by the Ministry of National Defense.

5. The Ministry of Foreign Affairs shall cooperate with relevant agencies in specifying welcoming and farewell courtesies to Vietnamese and foreign dignitary flights.

6. The Ministry of Finance shall give instructions on estimation, finalization and settlement of expenses for Vietnamese dignitary flight security and safety.

Chapter 2.

 IMPLEMENTATION OF DIGNITARY FLIGHT GOVERNING

Article 5. Individuals granted Vietnamese dignitary flights

1. Senior officials of the Communist Party of Vietnam and the Government of the Socialist Republic of Vietnam including:

a.The General Secretary of the Central Committee of the Communist Party;

b. The President

c. The Prime Minister;

d. The Chairperson of the National Assembly of Vietnam.

2. Other special persons notified by The Office of the Central Committee of the Communist Party, the Office of the President, the Office of the National Assembly of Socialist Republic of Vietnam and the Office of the Government.

Article 6. Entities designated to operate Vietnamese dignitary flights

Vietnamese airlines that meet eligibility criteria set by the Minister of Transport and flight insurance service providers affiliated to the Ministry of National Defense that meet eligibility criteria set by the Minister of National Defense shall operate Vietnamese dignitary flights when notified in writing of such flights as stipulated in clause 1 Article 8 hereof.

Article 7. Authority to notify Vietnamese dignitary flights

1. The Office of the Central Committee of the Communist Party of Vietnam

2. The Office of the President;

3. The Office of the National Assembly;

4. The office of the Government.

Article 8. Delivery of Vietnamese dignitary flight notices

1. The written notice of a Vietnamese dignitary flight shall indicate:

a. Passengers and their quantity;

b. The flight’s itinerary;

c. The Vietnamese airlines or divisions of the Ministry of National Defense designated to operate the dignitary flight

d. Requirements for welcoming/farewell courtesies;

dd. Requirements for national defense and security, and others.

2. The written notification of Vietnamese dignitary flights shall be sent to the following entities:

a.For domestic dignitary flights operated by Vietnamese airlines: The Guard High Command, Civil Aviation Authority of Vietnam, Operations Bureau, Air and Air Defense Force and Vietnamese airlines designated to operate dignitary flights;

b. For international dignitary flights operated by Vietnamese airlines: The Consular Department, Directorate of State Protocol – Ministry of Foreign Affairs , Guard High Command, Civil Aviation Authority of Vietnam, Operations Bureau, the Air and Air Defense Force and Vietnamese airlines designated to operate dignitary flights;

c. For domestic Dignitary flights by the Ministry of National Defense: The General Staff of the Vietnam People’s Army, Operations Bureau, Consular Department. Directorate of State Protocol, Guard High Command, the Air and Air Defense Force and relevant agencies;

d. For international Dignitary flights by the Ministry of National Defense: The Consular Department, Directorate of State Protocol – Ministry of Foreign Affairs , Guard High Command, Civil Aviation Authority of Vietnam – Ministry of Transport , Vietnamese Air Navigation Service Corporation;

3. Deadline for notification of Vietnamese dignitary flights is as follows:
a. For dignitary flights on exclusive aircraft: at least 05 days ahead of the expected date of departure of a domestic flight; or at least10 days prior to the expected date of departure of an international flight;

b. For dignitary flights on commercial aircraft: at least 24 hours ahead of the expected date of departure of a domestic flight; or at least 05 days prior to the expected date of departure of an international flight.                                          

c. Military dignitary flights shall be operated by the Ministry of National Defense upon requests

4. The competent authority that has the power to notify Vietnamese dignitary flights shall punctually inform relevant entities of changes to dignitary flights.

5. Entities notified of Vietnamese dignitary flights shall implement their tasks, record and retain full information on implementation of assigned tasks as per regulations of laws.

Article 9. Authority to notify foreign dignitary flights

1. All authorities specified in Article 7 hereof.

2. The Operations Bureau – Ministry of National Defense.

3. Consular Departments – Ministry of Foreign Affairs

4. The Civil Aviation Authority of Vietnam – Ministry of Transport.

Article 10. Delivery of notification of foreign dignitary flights

1. The notification of foreign dignitary flights shall be made in writing or issued as flight permit. A notification shall contain information specified in clause 1 Article 8 hereof.

2. The written notification of foreign dignitary flights shall be delivered to the following entities:

a. For dignitary flights from/to Vietnam: The Consular Departments, Directorate of State Protocol – Ministry of Foreign Affairs , Guard High Command, Civil Aviation Authority of Vietnam – Ministry of Transport , Operations Bureau, Air and Air Defense Force and Vietnamese Air Navigation Service Corporation;

b. For Dignitary flights transiting Vietnam: The Civil Aviation Authority of Vietnam, Operations Bureau, Air and Air Defense Force and Vietnamese Air Navigation Service Corporation;

3. A notification of a foreign dignitary flight shall be delivered at least 07 days prior to the expected date of the flight, unless otherwise under special circumstances.

4. The competent authorities notifying foreign dignitary flights shall punctually inform relevant entities of flight suspension or changes in the flight’s schedule of landing, takeoff and transit in Vietnam.

5. Entities notified of foreign dignitary flights shall implement their tasks, record and retain full information on implementation of assigned tasks as per regulations of laws.

Chapter 3.

RESPONSIBILITIES OF RELEVANT ENTITIES

Article 11. Responsibilities of divisions of the Ministry of Transport

1. The Civil Aviation Authority of Vietnam shall:

a. Take charge of and carry out tasks concerning the governing of Vietnamese dignitary flights operated by Vietnam airlines and of foreign dignitary flights;

b. Supervise the compliance with technical standards, aviation security and safety of Vietnamese dignitary flights operated by Vietnamese airlines;

c. Grant flight permits to dignitary flights within the authority.

2. Airport authorities shall cooperate with relevant agencies in the governing of dignitary flights, supervision of the compliance with technical standards and aviation security and safety of dignitary flights at airports within the authority.

Article 12. Responsibilities of Ministry of National Defense

The Operations Bureau and Air and Air Defense Force shall take charge of airspace management, cooperate with air traffic control service providers to operate Dignitary flights in the flight information region under the administration of Vietnam; cooperate with relevant authorities to service dignitary flights from/to aerodromes under the administration of the Ministry of National Defense; directly take charge of the operation and management of Vietnamese dignitary flights operated by the Ministry of National Defense.

Article 13. Responsibilities of affiliates of Ministry of Foreign Affairs

1. Consular Departments shall cooperate with Vietnamese Airlines or divisions of the Ministry of National Defense designated to operate Vietnamese dignitary flights to apply for the permits of flights to foreign countries where Vietnamese dignitary flights will fly into/through/out of through diplomatic channels; issue flight permits to foreign Dignitary flights within the authority.

2. The Directorate of State Protocol shall take charge of welcoming and farewell courtesies to Vietnamese dignitary flights at foreign airports; cooperate in performing welcoming and farewell courtesies for international Vietnamese dignitary flights at airports of Vietnam; perform welcoming and farewell courtesies for foreign dignitary flights at the airports of Vietnam.

Article 14. Responsibilitie of divisions of the Ministry of Public Security

The Guard High Command shall cooperate with the General Department of Security and relevant authorities to provide aviation security for Vietnamese dignitary flights and monitor the security foreign Dignitary flights.

Article 15. Responsibilities of Office of the Central Committee of Communist Party of Vietnam, Office of the President, the Office of the National Assembly of Socialist Republic of Vietnam and Office of the Government

Every Office shall:

1. Organize and provide information on advance parties or convoys of Vietnamese dignitary flights, carry out welcoming and farewell courtesies for Vietnamese dignitary flights at airports of Vietnam; cooperate with the Ministry of Foreign Affairs in implementation of welcoming and farewell courtesies to Vietnamese dignitary flights at foreign airports.

2. Take charge of and cooperate with the Vietnam Chamber of Commerce and Industry and Vietnam Journalist Association in arranging, managing and providing information on enterprises’ representatives and journalists on Vietnamese dignitary flights.

Article 16. Responsibilities of airport enterprises and dignitary flight assurance service providers

1. Airport enterprises shall participate in organizing the welcoming and farewell courtesies for Vietnamese dignitary flights operated by Vietnamese airlines, conform to technical standards, provide aviation security and safety at airports within the authority.

2. Flight assurance service providers shall provide flight assurance services for Vietnamese dignitary flights operated by Vietnamese airlines within the flight information regions under the administration of Vietnam

Article 17. Responsibilities of Vietnamese airlines designated to provide Dignitary flights
Every Vietnamese airline designated to operate Dignitary flights shall:

1. Operate flights according to regulatory requirements stipulated by the Ministry of Transport, apply for foreign flight permits, organize flight services at foreign and domestic aerodromes and maintain aviation security and safety.

2. Prepare and send flight itineraries for outbound Vietnamese dignitary flights and submit the flight itinerary to the Consular Department at least 15 days ahead of the expected date of departure.

3. In case a notification of a Vietnamese dignitary flight is delivered after the deadline specified in clause 3 Article 8 hereof, the Vietnamese airline shall promptly inform relevant agencies of the difficulties or issues ensuing for punctual settlement.

Article 18. Responsibilities of People’s Committees of provinces and direct-controlled municipalities (hereinafter referred to as “province”)

Every People’s Committee of provinces shall:

1. Cooperate with the Ministry of Public Security and relevant agencies in providing aviation security, safety, participate in organizing welcoming and farewell courtesies for Vietnamese and foreign dignitary flights at airports and aprons.

2. Cooperate with the Ministry of Foreign Affairs in implementing welcoming and farewell courtesies for Vietnamese and foreign dignitary flights at local airports.

Chapter 4.

IMPLEMENTATION

Article 19. Effect

1. This Decree enters into force after 45 days from the date on which it is signed. Existing regulations which are in conflict with this Decree shall be abrogated.

2. The Chief of Office of the Communist Party of Vietnam, Chairman/Chairwoman of the Office of the President, Chairman of the Office of the National Assembly, Ministers, Heads of ministerial-level agencies, heads of governmental agencies, Presidents of People’s Committees of provinces and heads of relevant entities shall be responsible for the implementation of this Decree.