When is it necessary to apply special control measures at air border gates in Vietnam?
When is it necessary to apply special control measures at air border gates in Vietnam?
Pursuant to Article 9 of Decree 93/2022/ND-CP, there are regulations on cases where it is necessary to apply special control measures at air border gates as follows:
In case of threat to national security which does not warrant declaration of the state of emergency but warrants special control in air border gates in accordance with decision of the Prime Minister, Ministry of Public Security shall take charge and adjust passenger flow to meet security and order requirements, arrange patrol forces, establish security checkpoints where needed, supervise all air border gate areas, and erect signs according to Appendix attached to Decree 93/2022/ND-CP.
When is it necessary to apply special control measures at air border gates in Vietnam?
Who is not allowed to enter immigration sterile areas in Vietnam?
According to Clause 4, Article 3 of Decree 93/2022/ND-CP, it states about immigration quarantine areas as follows:
“immigration sterile areas” refer to areas within air border gates dedicated for persons who have completed exit procedures but have not boarded aircrafts and persons who have disembarked from aircrafts but have not completed entry procedures.
At the same time, Article 7 of Decree 93/2022/ND-CP has the following content:
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.
Thus, in addition to the following subjects, other people are 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.
(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.
What are the actions against violations of the law pertaining to security and order in air border gates in Vietnam?
Pursuant to Article 8 of Decree 93/2022/ND-CP stipulates:
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.
Accordingly, upon discovering violations of the law in air border gates, authorities governing fields of the violations shall take actions against such violations as follows:
- 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.
- 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.
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