07 Measures for maintaining security and order in air border gates in Vietnam

07 Measures for maintaining security and order in air border gates in Vietnam (Internet image)

The Government of Vietnam issued Decree 93/2022/ND-CP dated November 7, 2022 on management and assurance of security and order at the airport border gate.

1. Measures for maintaining security and order in air border gates in Vietnam

According to Clauses 1 and 2, Article 6 of Decree 93/2022/ND-CP, measures to ensure security and order at the airport border gate area are prescribed as follows:

- Measures for maintaining security and order in air border gates:

+ Patrol, control, prevention, detection, and penalties for violations of the law;

+ Supervision of activities of people and vehicles in air border gates via technical devices and equipment;

+ Other measures according to the Law on People’s Public Security, the Law on National Security, and relevant law provisions.

- Measures for maintaining security and order in immigration sterile areas:

+ Control of people entering and exiting immigration sterile areas;

+ Patrol, control, prevention, detection, and penalties for violations of the law that occur in immigration sterile areas;

+ Supervision of activities of people and vehicles in immigration sterile areas via technical devices and equipment;

+ Other measures according to the Law on People’s Public Security, the Law on National Security, and relevant law provisions.

2. Entitlement to adopt measures for maintaining security and order in Vietnam

Clause 3, Article 6 of Decree 93/2022/ND-CP stipulates the entitlement to adopt measures for maintaining security and order in air border gates and immigration sterile areas as follows:

- Border gate police shall take charge and implement measures for maintaining security and order in accordance with the Law on People’s Public Security, the Law on National Security;

- Aviation security control forces shall patrol and supervise activities of people and vehicles in accordance with the Law on Civil Aviation of Vietnam;

- Customs authorities shall inspect, supervise, and implement customs control with respect to transport and luggage of inbound, outbound, transit individuals, import, export, transit cargoes in accordance with the Law on Customs;

- Other field-specific authorities shall cooperate in implementing measures for maintaining security and order in accordance with relevant law provisions.

Note:

Field-specific authorities and agencies, organizations related to the task of maintaining security and order in air border gates are allowed to install technical devices and equipment for the purpose of task performance without interfering in normal operation of agencies, organizations, and enterprises.

Officers of border gate police performing their duties in border gate areas and immigration sterile areas must wear border police badge according to regulations of Ministry of Public Security.

3. Actions against violations of the law pertaining to security and order in air border gates in Vietnam

Actions against violations of the law pertaining to security and order in air border gates specified in Article 8 of Decree 93/2022/ND-CP, specifically:

- 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.

- 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 Article 8 of Decree 93/2022/ND-CP.

- 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.

More details can be found in Decree 93/2022/ND-CP effective from December 22, 2022.

Nhu Mai

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