Areas in air border gates in Vietnam

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

In this regard, Lawnet would like to answer as follows:

1. What are air border gates?

According to Clause 1, Article 3 of Decree 93/2022/ND-CP, air border gates refer to areas in airports and aerodromes where entry, exit, transit, export, and import take place and where international flights are allowed by competent authorities as per the Law on Civil Aviation of Vietnam 2016 (amended in 2014).

2. Areas in air border gates in Vietnam

Specifically, Article 4 of Decree 93/2022/ND-CP stipulates the areas in air border gates as follows:

- Air border gate areas include areas where exit, entry, transit of people and vehicles, export, import, transit of commodities take place, area clearly defined, and are notified using signs as per the law, including:

+ Passenger terminal: areas where exit, entry, transit procedures for people and transport vehicles are completed; areas where customs procedures are completed; baggage carousel; storage of luggage, checked luggage, and lost luggage;

+ Cargo terminal for export, import, transit; export storage; import storage;

+ Aircraft aprons: sections for entry, exit, transit aircrafts; sections for unloading, transshipment, storage of import, export, and transshipped goods;

+ Other sections relating to entry, exit, transit, of people; export, import, and transit of goods and transport in case international flights are granted access to locations that are other than airports.

- Immigration sterile areas within air border gates start from check-in desks to aircraft doors and vice versa.

If aircrafts park in aprons, the space inside passenger transport from departure gate to doors of aircrafts and from doors of aircrafts to entrances to areas for entry procedures is considered an immigration sterile area.

- Border gate areas under Clause 1 and Clause 2 of Article 4 of Decree 93/2022/ND-CP shall be installed with signs according to Appendix attached to Decree 93/2022/ND-CP.

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

Measures fpr maintaining security and order in air border gates are specified in Clauses 1 and 2, Article 6 of Decree 93/2022/ND-CP including:

- 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.

4. Entitlement to adopt measures for maintaining security and order in air border gates and immigration sterile areas in Vietnam

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

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

Tran Thanh Rin

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