Vietnam: Is the baggage of passengers entering the country at the air border gate subject to aviation security screening?
Is the baggage of passengers entering the country at the air border gate subject to aviation security screening in Vietnam?
In Article 5 of Decree 93/2022/ND-CP, there are regulations on the flow of goods and baggage at the air border gate as follows:
Article 5. Passenger, cargo, and luggage flow in air border gates
1. Passenger flow:
a) For inbound passengers, passengers upon disembarking from aircrafts must adopt health inspection, animal and plant health inspection (if any), entry procedures, and customs procedures;
b) For outbound passengers, passengers shall adopt air travel procedures, exit procedures, customs procedures, and security screening;
c) For passengers in transit, passengers disembarking aircrafts shall adopt health inspection and security screening procedures;
d) At times of epidemic, passenger flow can be adjusted depending on regulations on prevention and control of infectious diseases of the Ministry of Health.
2. Cargo and luggage flow:
a) With respect to import goods and luggage of inbound passengers that are not accompanied by passengers upon disembarkation, adopt health inspection (for animals and plants) and customs procedures;
b) With respect to export goods and luggage of transit passengers that are not accompanied by passengers, adopt health inspection (for animals and plants), customs procedures, and security screening.
Accordingly, the aviation security screening procedure only applies to the luggage of passengers leaving the country who are not accompanying the passenger, not to passengers entering the country.
Vietnam: Is the baggage of passengers entering the country at the air border gate subject to aviation security screening?
At the air border gate, who can enter the immigration quarantine area in Vietnam?
Pursuant to Article 7 of Decree 93/2022/ND-CP stipulating as follows:
Article 7. Security and order control for people entering, exiting, and operating in immigration sterile areas
1. Public officials, public employees, and employees of field-specific authorities, air operators, airport enterprises, aerodrome enterprises, service providers in immigration sterile areas, employees of enterprises surveying, constructing, repairing, maintaining constructions and equipment in airports and aerodromes, upon entering and exiting immigration sterile areas, must possess aviation security control cards or license or aviation security and safety supervisor card issued by aviation authorities, enterprises under the Law on Civil Aviation of Vietnam or badge of border gate police tasked to station in immigration sterile areas. Border gate police forces are responsible for supervising, inspecting, and controlling in order to prevent, detect, and promptly take actions against violations of the law pertaining to security and order of people entering, exiting, and operating in immigration sterile areas as per the law.
2. Inbound, outbound, and transit passengers are allowed to enter and exit immigration sterile areas depending on their entry, exit, and transit route.
3. People not mentioned under Clause 1 and Clause 2 of this Article are not allowed to enter immigration sterile areas. Any entry for the purpose of humanitarian activities or diplomacy of the Communist Party or the Government or other special occasions, people entering or exiting immigration sterile areas must possess aviation security card or license issued by aviation authorities, enterprises under the Law on Civil Aviation of Vietnam, obtain consent of chief of border gate police, comply with guidance, supervision, and control of border gate police.
According to the above regulations, persons allowed to enter the immigration quarantine area include:
- Public officials, public employees, and employees of field-specific authorities, air operators, airport enterprises, aerodrome enterprises, service providers in immigration sterile areas, employees of enterprises surveying, constructing, repairing, maintaining constructions and equipment in airports and aerodromes, upon entering and exiting immigration sterile areas, must possess aviation security control cards or license or aviation security and safety supervisor card issued by aviation authorities, enterprises under the Law on Civil Aviation of Vietnam or badge of border gate police tasked to station in immigration sterile areas. Border gate police forces are responsible for supervising, inspecting, and controlling in order to prevent, detect, and promptly take actions against violations of the law pertaining to security and order of people entering, exiting, and operating in immigration sterile areas as per the law.
- Inbound, outbound, and transit passengers are allowed to enter and exit immigration sterile areas depending on their entry, exit, and transit route.
How are violations of entry and exit to the immigration quarantine area handled in Vietnam?
In case of violation of the entry and exit of the immigration isolation area, the violation of the law on security and order at the air border gate shall be handled according to the provisions of Article 8 of Decree 93/2022/ND-CP as follows:
Article 8. Actions against violations of the law pertaining to security and order in air border gates
1. Upon discovering violations of the law in air border gates, authorities governing fields of the violations shall take actions against such violations. If multiple authorities are entitled to take actions against violations, the authorities that first discover the violations shall decide.
2. If entitled authorities of a violation cannot be identified, border gate police shall take charge, take initial actions against the violation, and later transfer to competent agencies, entities as per the law.
3. Upon acknowledging information pertaining to violations of the law in air border gates, all agencies, organizations, and individuals are responsible for providing said information to competent authorities under Clause 1 and Clause 2 of this Article.
4. Agencies assigned to take actions against violations of the law in air border gates are responsible for notifying border gate police and relevant state authorities, enterprises of the taking of actions in order to cooperate in taking actions against the violations and performing tasks, functions as per the law. If the violations are listed as state secret, the exchanging of information shall conform to regulations and law on protection of state secret.
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