Who has the authority to decide the aviation security search in Vietnam? In what cases is aviation security search performed?
What is aviation security search?
According to the provisions of Clause 5, Article 4 of Decree No. 92/2015/ND-CP, aviation security search means the detailed check of each object, position of subject or person who is searched in order to detect and stop the weapon, explosive or other dangerous equipment or items to eliminate the factors of threat to the aviation security. The aviation security search shall be decided by the competent person.
Thus, aviation security search is the paid services pertaining to the application of measures of aviation security control as prescribed in Clause 6, Article 4 of Decree No. 92/2015/ND-CP:
Interpretation of terms
Aviation security assurance services are the paid services pertaining to the application of measures of aviation security control, including: Aviation security control; aviation security check; aviation security scanning; aviation security supervision; aviation security search; aircraft guarding and protection, escorting of people, vehicle, objects which are stored and moved in the restricted areas at the airports or aerodromes.
Who has the authority to decide the aviation security search in Vietnam? In what cases is aviation security search performed?
Who has the authority to decide the aviation security search in Vietnam?
Pursuant to Clause 1, Article 10 of Decree No. 92/2015/ND-CP stipulating as follows:
Provisions on aviation security search
1. The persons having the authority to decide the aviation security search, subjects and scope of aviation security search consist of:
a) The head of aviation security control forces at the airports or aerodromes for the cases specified in Article 9 of this Decree;
b) The head of aviation security scanning and check division at the airports or aerodromes for the cases specified in Paragraph 3 and 4, Article 9 of this Decree;
c) The head of mobile security and control security division at the airports or aerodromes for the cases specified in Paragraph 5, Article 9 of this Decree;
2. The aviation security search to the aircraft must be notified to the aircraft operators and relevant aviation Authority and must be supervised by the aviation Authority.
3. The aviation security control forces at the airports or aerodromes shall directly carry out the aviation security search. The relevant airline shall send the aircraft technicians to participate and give advice during the aviation security search.
4. In case of searching people, arrange male officer to search male passenger and female officer to search female passenger.
5. The aviation security search must be recorded.
Thus, the person competent to decide on the aviation security search is the head of aviation security control forces at the airports or aerodromes.
In what cases is aviation security search performed?
Pursuant to Article 9 of Decree No. 92/2015/ND-CP stipulating as follows:
- The aviation security control forces in the management areas of airports or aerodromes must carry out the aviation security search in case of necessity as stipulated by law.
- The aviation security search is done to the aircraft, passengers, crew members, luggage, cargo and postal items on aircraft in the event of information on dangerous items on aircraft not yet detected and identified during the scanning and check before carried on board of aircraft.
- Where there is a person verbally threatening the safety of the flight, the aviation security search is done to the aircraft and person who has verbal threats and his luggage.
- The aviation security search is done upon check, scanning and supervision for aviation security to the passengers, crew members, flight attendants and relevant persons, luggage, cargo, postal items and means with detection of signs or information of threat to the security and safety of flights.
- Where there is a person at the scanning point or in the restricted areas verbally threatening the safety of the flights, this person and his luggage and objects must be searched for aviation security.
- In case of detecting the luggage and objects without their owner or manager, use at the airports, aerodromes and other restricted areas, these luggage and objects must be searched for aviation security.
- Do not carry out the aviation security search for the case of right to inviolability of the body in accordance with regulations of law.
Thus, the aviation security search for passengers is carried out in the event of information on dangerous items on aircraft not yet detected and identified during the scanning and check before carried on board of aircraft.
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