Regulations on the areas in air border gates in Vietnam

Regulations on the areas in air border gates in Vietnam
Lê Trương Quốc Đạt

The regulations on the areas in air border gates in Vietnam are covered in Decree 93/2022/ND-CP.

Scope  of  Areas  at  the  Air  Border  Gate

Regulations on the areas in air border gates in Vietnam (Image from the Internet)

1. Regulations on the areas in air border gates in Vietnam

The areas in air border gates in Vietnam according to Article 4 of Decree 93/2022/ND-CP is as follows:

- The scope of the air border gate area includes the areas for carrying out entry, exit, and transit activities of people, vehicles, export, import, and transit of goods, with clear boundaries and signage as stipulated, including:

+ Passenger terminal area: the area for carrying out entry, exit, and transit procedures for people, means of transport; the area for customs procedures; the baggage reclaim area; the storage area for goods, checked luggage, lost luggage;

+ Export, import, transit cargo terminal area; export cargo warehouse; import cargo warehouse;

+ Aircraft apron area: the area for aircraft entry, exit, and transit; the loading, unloading, transshipment area, the storage yard for export, import, and transit goods;

+ Other areas related to entry, exit, and transit activities of people; export, import, and transit of goods and means of transport in cases where international flights are permitted to locations other than airports.

- The scope of the quarantine area at the air border gate is calculated from the exit control desk to the aircraft door and from the aircraft door to the entry control desk. In cases where the aircraft is parked at the apron, the interior space of the passenger transport vehicle from the departure gate to the aircraft's exit door and from the entry aircraft down to the entry procedure area is considered a quarantine area.

- The scope of the border gate areas stipulated in Clause 1, Clause 2 of Article 4 of Decree 93/2022/ND-CP is marked with signs as per the template in the Appendix issued with Decree 93/2022/ND-CP.

2. Guidelines for actions against violations of the law pertaining to security and order in air border gates in Vietnam

The actions against violations of the law pertaining to security and order in air border gates according to Article 8 of Decree 93/2022/ND-CP are as follows:

- When detecting a legal violation at the air border gate, the agency with jurisdiction shall preside over the handling. In case multiple agencies have jurisdiction, the agency detecting the violation first shall preside over the handling.

- In case the agency with jurisdiction is not identified, the Border Gate Police shall preside, receive initial handling of legal violations, and transfer the case to the competent authority for resolution as prescribed.

- When detecting information related to law violations at the air border gate, agencies, organizations, and individuals are responsible for providing the information promptly to the competent state agencies as stipulated in Clauses 1, 2 of Article 8 Decree 93/2022/ND-CP.

- Agencies tasked with handling legal violations at the air border gate are responsible for informing the handling of the case to the Border Gate Police and related state management agencies and enterprises for coordination in handling the case and performing their functions and duties as prescribed. In cases where the handling of the case falls under state secrets, the exchange of information shall be carried out according to the law on state secrets protection.

3. Regulations on the passenger, cargo, and luggage flow in air border gates in Vietnam

Regulations on the passenger, cargo, and luggage flow in air border gates in Vietnam according to Article 5 of Decree 93/2022/ND-CP are as follows:

- Passenger flow:

+ For arriving passengers, upon disembarking from the aircraft, passengers shall follow the sequential order of health quarantine procedures, animal and plant quarantine (if any), immigration control procedures, customs procedures;

+ For departing passengers, passengers shall follow the sequential order of aviation procedures, exit control procedures, customs procedures, and aviation security screening;

+ For transit passengers, upon disembarking from the aircraft, passengers shall follow the sequential order of quarantine procedures, aviation security screening;

+ During a disease outbreak, the passenger flow may be adjusted according to the infectious disease prevention and control regulations of the Ministry of Health.

- Flow of goods and passenger luggage:

+ For imported goods and luggage of arriving passengers not traveling with the passenger upon aircraft arrival, the sequential order of procedures is health quarantine (medical, animal, plant), customs procedures;

+ For exported goods and luggage of departing passengers not traveling with the passenger, the sequential order of procedures is health quarantine (medical, animal, plant), customs procedures, and aviation security screening.

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