Decree 93/2022/ND-CP assurance of security and order at air border gates

DECREE

On management of, and assurance of security and order at,
air border gates^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 17, 2003 Law on National Border;

Pursuant to the December 3, 2004 Law on National Security;

Pursuant to the November 21, 2007 Law on Prevention and Control of Infectious Diseases;

Pursuant to the June 29, 2006 Vietnam Civil Aviation Law; and the November 21, 2014 Law Amending and Supplementing a Number of Articles of the Vietnam Civil Aviation Law;

Pursuant to the June 23, 2014 Law on Customs;

Pursuant to the November 20, 2018 Law on the People’s Public Security Forces;           

Pursuant to the June 16, 2014 Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam; and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam; 

Pursuant to the November 22, 2019 Law on Exit and Entry of Vietnamese Citizens;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree on management of, and assurance of security and order at, air border gates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the management of, and assurance of national security and social order and safety at, air border gates; air border gate areas; responsibilities of ministries, sectors and provincial-level People’s Committees of localities having air border gates; and responsibilities of specialized state management agencies at air border gates.

2. The activities of exit, entry, and export and import of goods serving national defense and security tasks are not regulated by this Decree.

3. The response to acts of illegally interfering in civil aviation activities must comply with the General Emergency Plan promulgated by the Prime Minister.

Article 2. Subjects of application

1. Agencies, organizations and individuals operating at air border gates; agencies, organizations and individuals with functions and tasks of managing, and ensuring security and order at, air border gates, and other related agencies, organizations and individuals.

2. This Decree does not apply to persons who leave or enter the Vietnamese territory on national defense and security vehicles to perform national defense and security tasks.

3. Officers and men of the People’s Public Security Forces and persons tasked to carry out procedures and ensure security for special flights and special-cabin flights shall comply with regulations on assurance of security for special flights and special-cabin flights.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Air border gate means a place of an airport or aerodrome where exit, entry, transit, export and import activities are carried out and where the operation of international flights is permitted by competent authorities in accordance with the Vietnam Civil Aviation Law.

2. Border gate police office means a specialized unit under the Ministry of Public Security that performs the tasks of controlling entry and exit, and managing, and ensuring security and order at, air border gates in accordance with law.

3. Specialized state management agencies at air border gates include airports authorities, border gate police offices, customs offices, border health quarantine agencies, and animal and plant quarantine agencies.

4. Immigration sterile area means an area of an air border gate which is reserved for persons who have completed exit procedures but not yet boarded the aircraft and persons who have left the aircraft but not yet completed entry procedures.

Chapter II

SPECIFIC PROVISIONS

Article 4. Scope of areas at air border gates

1. The scope of areas of an air border gate includes areas for carrying out exit, entry and transit of persons and vehicles, and for export, import and transit of goods, with delimited boundaries and placed signboards under regulations, including:

a/ Passenger terminal: area for carrying out procedures for exit, entry and transit of persons and vehicles; area for carrying out customs procedures; the baggage claim area; and storage area for check-in baggage and lost baggage;

b/ Terminal for exported, imported or transited goods; warehouse for exported goods; and warehouse for imported goods;

c/ Aircraft parking area: area used for aircraft on exit and entry and in transit; area for loading, unloading and transshipping goods, and storage area for exported, imported and transited goods;

d/ Other areas related to exit, entry and transit of persons; or export, import and transit of goods and vehicles in case international flights are licensed to land in places other than airports.

2. The scope of an immigration sterile area within an air border gate area shall be counted from a check-out counter to an aircraft door and from an aircraft door to a check-in counter. In case an aircraft is parked at an aircraft parking area, the space area inside the bus transporting passengers from the departure gate to the entrance door of the aircraft on exit and from the exit door of the aircraft on entry to the entrance gate of the area for carrying out entry procedures is considered an immigration sterile area.

3. The scope of the border gate areas specified in Clauses 1 and 2 of this Article shall be identified by placing signboards made according to the forms provided in the Appendix to this Decree.

Article 5. Flow of passengers, goods and baggage at air border gates

1. Passenger flow:

a/ Upon disembarking the aircraft, passengers on entry shall follow the procedures below in order: health quarantine procedures, procedures for quarantine of accompanying animals and plants (if any), entry control procedures, and customs procedures;

b/ Passengers on exit shall follow the procedures below in order: aviation procedures, exit control procedures, customs procedures and security screening procedures;

c/ Upon disembarking the aircraft, passengers in transit shall follow the procedures below in order: quarantine procedures and security screening procedures;

d/ During an epidemic, the passenger flow may be adjusted under the Ministry of Health’s regulations on prevention and control of infectious diseases.

2. Flow of goods and baggage of passengers:

a/ For imported goods and baggage of passengers on entry not accompanying passengers when disembarking the aircraft, the procedures below shall be carried out in order: procedures for quarantine (health, animal, plant) and customs procedures;

b/ For exported goods and baggage of passengers on exit not accompanying passengers, the procedures below shall be carried out in order: procedures for quarantine (medical, animal, plant), customs procedures and security screening procedures.

Article 6. Assurance of security and order in air border gate areas

1. Measures to ensure security and order in air border gate areas:

a/ To patrol, control, prevent, detect and handle violations;

b/ To supervise activities of persons and vehicles in air border gate areas by technical means and equipment;

c/ To take other measures in accordance with the Law on the People’s Public Security Forces, the Law on National Security and other relevant laws.

2. Measures to ensure security and order in immigration sterile areas:

a/ To control persons entering and leaving immigration sterile areas;

b/ To patrol, control, prevent, detect and handle violations in immigration sterile areas;

c/ To supervise activities of persons and vehicles in immigration sterile areas by technical means and equipment;

d/ To take other measures in accordance with the Law on the People’s Public Security Forces, the Law on National Security and other relevant laws.

3. Competence to take measures to ensure security and order in air border gate areas and immigration sterile areas:

a/ The border gate police offices shall assume the prime responsibility for taking measures to ensure security and order in accordance with the Law on the People’s Public Security Forces and the Law on National Security;

b/ The aviation security control force shall take measures to patrol and supervise activities of persons and vehicles in accordance with the Vietnam Civil Aviation Law;

c/ The customs force shall take measures to carry out customs inspection, supervision and control of vehicles and baggage of persons on exit and entry and in transit, and exported, imported or transited goods in accordance with the Law on Customs;

d/ Other specialized state management agencies shall coordinate in taking measures to ensure security and order in accordance with relevant laws.

4. Specialized state management agencies and agencies and organizations involved in assurance of security and order in air border gate areas may install technical equipment and means to meet their work requirements without affecting the normal operation of agencies, organizations and enterprises.

5. Border-gate police officers and men who perform their tasks in border gate areas and immigration sterile areas shall wear border-gate police number signs under the Ministry of Public Security’s regulations.

Article 7. Security and order control for persons entering, exiting and operating in immigration sterile areas

1. Civil servants, public employees and staff members of specialized state management agencies, aircraft operators, airport and aerodrome enterprises, service providing enterprises in immigration sterile areas, and employees of enterprises conducting survey, construction, repair and maintenance of works and equipment at airports and aerodromes, who enter and leave immigration sterile areas must have aviation security control cards or permits or aviation security supervisor’s cards issued by aviation agencies or enterprises in accordance with the Vietnam Civil Aviation Law, or must have border-gate police number signs showing that they are assigned to perform tasks in immigration sterile areas. The border gate police offices  shall supervise, inspect and control in order to prevent, detect and promptly handle violations of the regulations on security and order that are committed by persons entering, leaving and operating in immigration sterile areas in accordance with law.

2. Persons on exit and entry and in transit may enter and leave immigration sterile areas in conformity with their exit, entry and transit itinerary.

3. Persons other than those specified in Clauses 1 and 2 of this Article may not enter immigration sterile areas. For humanitarian purposes or the Party’s or State’s external affairs or in other special cases, persons entering and leaving immigration sterile areas must have aviation security control cards or permits issued by aviation agencies or enterprises in accordance with the Vietnam Civil Aviation Law, obtain the consent of chiefs of border police offices, and observe the border police offices’ guidance, supervision and management.

Article 8. Handling of violations of the regulations on security and order at air border gates

1. When detecting a violation at an air border gate, the specialized agency competent to handle such violation shall assume the prime responsibility for handling it. In case the violation falls within the competence of multiple agencies, the agency detecting the violation first shall assume the prime responsibility for handling it.

2. In case it is not yet possible to identify the agency competent to handle the violation, the border-gate police office shall assume the prime responsibility for, and receive the information on the violation for initial handling, and transfer the violation to a competent agency or unit for handling under regulations.

3. When detecting information on violations at air border gates, agencies, organizations and individuals shall promptly provide such information to the competent state agencies specified in Clauses 1 and 2 of this Article.

4. Agencies assigned to handle violations at air border gates shall notify the handling of violations to border-gate police offices and related state management agencies and enterprises for coordinated handling of the violations and perform their functions and tasks under regulations. In case the violations involve information on the list of state secrets, the exchange of information must comply with regulations on protection of state secrets.

Article 9. Special control

In case there occurs a risk threatening national security but it is not serious enough to declare a state of emergency, it is necessary to apply a special control measure at the concerned air border gate under the Prime Minister’s decision. The Ministry of Public Security shall assume the prime responsibility for adjusting the passenger flow to meet security and order assurance requirements; arrange the patrol force, set up security checkpoints at necessary positions, supervise the whole air border gate area, place restricted-area signboards, made according to the forms provided in the Appendix to this Decree.

Chapter III

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 10. Effect

This Decree takes effect on December 22, 2022.

Article 11. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with related ministries and sectors and provincial-level People’s Committees of localities having air border gates in, taking measures to ensure security and order at air border gates as specified in this Decree.

2. To direct border-gate police offices to assume the prime responsibility for, and coordinate with related agencies and organizations in, ensuring security and order in air border gate areas; to carry out exit and entry control; to assume the prime responsibility for, and coordinate with related agencies and units in, identifying the scope of areas at air border gates; to strictly manage immigration sterile areas.

Article 12. Responsibilities of the Ministry of Transport

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security, related ministries and sectors and provincial-level People’s Committees in, guiding and organizing the implementation of measures to ensure civil aviation security and safety in air border gate areas.

2. To direct aviation agencies and enterprises to coordinate with the Ministry of Public Security and related agencies in implementing this Decree.

Article 13. Responsibilities of the Ministry of Finance

To direct customs offices to carry out customs inspection, supervision and control of vehicles on exit or entry, imported and exported goods, and baggage of persons on exit or entry, and coordinate with others in ensuring security and order at air border gates.

Article 14. Responsibilities of provincial-level People’s Committees of localities having air border gates and related ministries and sectors

1. Provincial-level People’s Committees of localities having air border gates shall, within the ambit of their functions, tasks and powers, direct functional agencies and units to coordinate with specialized state management agencies in managing, and ensuring security and order at, air border gates.

2. Related ministries and sectors shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Public Security in managing, and ensuring security and order at, air border gates; and direct agencies, units and forces under their management to closely coordinate with border-gate police offices in ensuring security and order at air border gates.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH

* The Appendix to this Decree is not translated.