03:44 | 19/10/2023

What should be done if passengers refuse to be screened at aviation security in Vietnam? What are the case of exemption from aviation security inspection?

What should be done if passengers refuse to be screened at aviation security in Vietnam? What are the case of exemption from aviation security inspection? Ms. T - Hanoi.

What should be done if passengers refuse to be screened at aviation security in Vietnam?

Aviation security screening is understood as the use of equipment, technical equipment or other measures to detect weapons, explosives or other dangerous items that can be used to commit acts of unlawful intervention in civil aviation activities.

The issue of security inspection and supervision for departing passengers and hand luggage is specified in Clause 25, Article 1 of Circular 41/2020/TT-BGTVT amending Clause 5, Article 41 of Circular 13/2019/TT-BGTVT as follows:

Aviation security inspection of passengers and their carry-on baggage on departure
...
5. 100% of passengers and their carry-on baggage shall undergo screening before entering the restricted area, except for the case of exemption from aviation security check; passengers who refuse to undergo screening will be refused permission to fly.

Thus, aviation security screening is a mandatory procedure and passengers who refuse to undergo screening will be refused permission to fly. In cases of exemption from aviation security check, screening is not required.

Aviation security screening (Image from the Internet)

What are the case of exemption from aviation security inspection in Vietnam?

Cases exempt from aviation security screening specified in Article 33 of Circular 25/2022/TT-BGTVT are as follows:

Exemption from aviation security inspection
1. Exemption from aviation security checks for people and carry-on luggage of subjects allowed to serve specialized flights and specialized cabins specified in Article 4, Decree No. 96/2021/ND-CP dated November 2 /2021 of the Government on ensuring special aircraft and cabin flights.
2. The aviation security control force is responsible for coordinating with units under the Guard Command - Ministry of Public Security in checking the list of subjects exempt from aviation security inspection.

Thus, cases exempt from aviation security screening include:

+ General Secretary of the Central Committee of the Communist Party of Vietnam.

+ President of the Socialist Republic of Vietnam.

+ Prime Minister of the Socialist Republic of Vietnam.

+ Chairman of the National Assembly of the Socialist Republic of Vietnam

+ Heads of State, legislatures, and Governments of countries make state visits, official visits, working visits, and personal visits to Vietnam.

What are the regulations on aviation security inspection of checked baggage in Vietnam?

Aviation security checks for checked baggage are specified in Article 44 of Circular 13/2019/TT-BGTVT amended by Clause 29, Article 1 of Circular 41/2020/TT-BGTVT as follows:

- Check-in agents shall request each passenger to determine whether the checked baggage belongs to him/her so that he/she is allowed to follow check-in procedures. It is not allowed check in baggage in group, except in the case specified in Clause 3 Article 41 of Circular 13/2019/TT-BGTVT. In the case of suspicion, notify the aviation security control staff for additional check.

- Checked baggage of transit and departure passengers shall undergo aviation security inspection with X-ray machine. In the case of suspicion, conduct a manual check or a check using an explosive detection device or other appropriate measures. In case of suspicion or information about threats to flight security and safety, it is required to search checked baggage.

- At each aviation checkpoint, there must be sufficient aviation security control staff to sufficiently and effectively perform the following tasks:

+ Monitor the screen of X-ray machine continuously for no more than 30 minutes with a minimum interval of 15 minutes;

+ Conduct manual checks or searches.

+ The chief of the shift shall direct, manage and monitor all tasks performed at aviation security checkpoints.

- Procedures for check of checked baggage shall be elaborated in ASRs of aviation security assurance service providers.

- A manual check of checked baggage shall be conducted in the presence of the baggage owner or his/her legal representative or representative of the airline, except in the case of contingency.

- If checked baggage of transit passengers, transfer passengers and passengers having a domestic stop has been unloaded from the aircraft, it shall undergo security check as the checked baggage on departure, except in the cases where the following requirements are satisfied:

+ The baggage is not moved out of the apron or subject to continuous aviation security inspection from the time that it is moved out of the aircraft until it is carried on board the aircraft;

+ A transit, transfer or domestic stop tag is attached to the baggage.

What are the regulations on passenger and baggage reconciliation in Vietnam?

- Baggage of each passenger shall be transported together with him/her on the same flight, except in the case specified in Clause 2 Article 149 of the Law on Vietnam Civil Aviation.

- Airlines or aircraft operators shall ensure that:

+ A baggage tag specifying the flight number, date and code of the piece of baggage must be attached to each piece of checked baggage.

+ Before a flight, make a list of checked baggage and compare it with the list of passengers.

+ The list of checked baggage loaded onto the aircraft is signed.

In addition, Article 46 of Circular 13/2019/TT-BGTVT stipulates as follows:

- In the cases where a passenger has been issued with the boarding pass but is not present to take the flight, the airline shall ensure that all pieces of baggage of such passenger is offloaded from the aircraft prior to departure.

- Except diplomatic pouches and consular pouches, one of the following security check measures shall be applied to the checked baggage not transported together with passengers as prescribed by the Law on Vietnam Civil Aviation and made into a record:

+ Security screening of items in different positions using X-ray machine;

+ Security check with explosive detection devices.

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