Regulations on exit from, entry into and operation within restricted areas in Vietnam

Regulations on exit from, entry into and operation within restricted areas in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on establishment of restricted areas in Vietnam

Regulations on setting up restricted areas in aviation in Vietnam according to Article 31 of Circular 13/2019/TT-BGTVT are as follows:

- According to current infrastructure and civil aviation activities, the following restricted areas shall be established:

+ Sterile area for passengers and their carry-on baggage that have undergone screening for boarding purpose, area from the point where internal staff must undergo security check before entering a restricted area to the terminal;

+ Aircraft parking area, runways, taxiways and other areas within the aerodrome (aerodrome);

+ Baggage sorting and loading area;

+ Transit/transfer area;

+ Cargo and mail sorting and loading area;

+ VVIP flight lounges;

+ Baggage reclaim area at arrival terminal;

+ Aircraft maintenance, repair and installation area;

+ Catering area;

+ Fuel farm;

+ Airport Emergency Center; National Airport Emergency Center;

+ Area Control Center, Approach Control Unit, Air Traffic Flow Management Center;

+ Aerodrome Control Tower, air traffic control radar station, flight monitoring and communication station;

+ Airport/aerodrome water and electricity supply area (outside the airport/aerodrome restricted area);

+ Area from the baggage screening point to the terminal;

+ Area from the cargo and mail screening point to the terminal/warehouse;

+ Area where multipoint control units of technical system of the terminal and aerodrome are installed, airport/aerodrome entrance gate control area, building management area; camera security control room;

Area where airport/aerodrome radio and television broadcasting system control equipment is installed; area where server serving operation of the airport/aerodrome is located.

- When designing an ASP, the airport/aerodrome operator shall, according to the regulations above, preside over and cooperate with the airports authority, airport security control department of the aviation security assurance service provider and relevant authorities and units in determining restricted areas and specific boundary of each restricted area of the terminal/aerodrome and restricted area under the management of the airport/aerodrome operator.

- When making ASR, the aviation service provider at the airport/aerodrome shall, according to the regulations above, preside over and cooperate with the airports authority and relevant authorities and units in determining restricted areas and specific boundary of each restricted area under its management with respect to the areas outside the terminal/airport;

When making ASR, the air traffic service provider and cargo and mail handling facility shall determine and establish restricted areas and specific boundary of each restricted area with respect to the areas of the airport/aerodrome.

- In the cases where it is required to take strengthened airport/aerodrome security assurance measures or to protect the scene or to serve civil aviation activities and it is considered that it is necessary to temporarily establish a new restricted area, the airport/aerodrome security control department shall recommend the airport/aerodrome operator to establish it and immediately notify the airports authority, authorities and units regularly working within such area.

The establishment of a temporary restricted area shall satisfy the following requirements:

+ The restriction only lasts for a limited period of time;

+ Hard or soft fences are built to form the boundary; appropriate warning signs and signals are available;

+ Aviation security checkpoints and aviation security control staff are available to carry out inspection during the establishment;

+ Appropriate aviation security assurance measures are in place;

+ If the restriction lasts for more than 24 hours, it is required to obtain written consent of the CAAV.

- The establishment of restricted areas and application of aviation security inspection measures to each restricted area must serve the purpose of aviation security assurance and not obstruct people and vehicles that enter, leave and normally work within restricted areas.

The authority or unit establishing restricted areas must put up a warning sign that reads “KHU VỰC HẠN CHẾ - RESTRICTED AREA” in appropriate and recognizable locations adjacent to restricted areas and public areas.

2. Regulations on exit from, entry into and operation within restricted areas in Vietnam

Regulations on exit from, entry into and operation within restricted areas in Vietnam according to Article 32 of Circular 13/2019/TT-BGTVT (amended in Circular 41/2020/TT-BGTVT) are as follows:

- When entering, leaving and working within restricted areas, people and vehicles are required to have an aviation security control badge/permit.

- The badge shall be worn at the chest level to ensure that the front side of the badge is visible during the working hours, except the case specified in Clause 4 Article 30 of Circular 13/2019/TT-BGTVT; the permit shall be displayed clearly from the front windshield or in a recognizable location.

- People, carry-on items and vehicles must enter and leave a restricted area through the designated gate or door, comply with instructions and regulations on security, safety and operation within restricted areas and be subject to aviation security inspection.

- The user of the aviation security control badge with short-term use must be escorted when entering and working within a sterile area; and supervised when entering and working within other restricted areas.

The supervisor and escort must have an airport/aerodrome security control badge with long-term use and must:

+ regularly work within restricted areas of the authority applying for the badge with short-term use; or

+ be staff of the authority in charge of the restricted area; regulatory authority; unit regularly working within the restricted area; or

+ be staff of aviation security control force or airports authority.

- The supervisor or escort specified in Clause 4 of Article 32 of Circular 13/2019/TT-BGTVT shall register the following information in the work shift logbook of the aviation security control force at the security checkpoint before taking the supervisee or escortee to a restricted area: full name and number of the aviation security control badge of the supervisor/escort and the supervisee/escortee.

The supervision and escorting shall satisfy the following requirements:

+ The supervisor shall regularly supervise activities of the supervisee; promptly instruct the supervisee in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority's person performing his/her tasks near the restricted area of the violations committed by the supervisee;

+ The escort shall go with the escortee and regularly supervise his/her; promptly instruct the escortee in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority's person performing his/her tasks near the restricted area of the violations committed by the escortee;

- A vehicle entering and operating within an aerodrome’s restricted area shall be supervised by the aviation security control staff or staff having a ground vehicle operation permit or escorted by the vehicle of the airport/aerodrome operator in the following cases:

+ The vehicle operator is only issued with the security control badge with short-term use;

+ The vehicle operator does not have the certificate of training in operation of vehicles within aircraft stands which is issued by a competent authority as prescribed;

+ The vehicle does not regularly operate within the air operations area.

- The supervisor or operator of the escort vehicle specified in Clause 6 of Article 32 of Circular 13/2019/TT-BGTVT shall register the following information in the work shift logbook of the aviation security control force at the security checkpoint before supervising and escorting the vehicle to the restricted area:

Full name and number of the aviation security control badge of the operator of the supervised/escorted vehicle; and number of the aviation security control permit issued to the supervised/escorted vehicle.

The supervision and escorting shall satisfy the following requirements:

+ The supervisor shall regularly supervise activities of the supervised vehicle; promptly instruct the supervised vehicle operator in security and safety regulations;

Take measures to prevent or notify the aviation security control force or competent authority's person performing his/her tasks near the restricted area of the violations committed by the supervised vehicle operator;

+ The escort vehicle shall take up a position in front of and keep a safe distance from the escorted vehicle, travel, stop and is parked in accordance with safety regulations, especially when operating within the air operations area.

Promptly instruct the escorted vehicle operator in security and safety regulations; take measures to prevent or notify the aviation security control force or competent authority's person performing his/her tasks near the restricted area of the violations committed by the escorted vehicle operator.

- Vehicles operating within restricted areas shall travel in the proper lane and at permissible speed, stop and are parked at the designated location; be subject to inspection and follow the instructions of the aviation security control staff who is performing his/her tasks.

- The audio and video recording made within the restricted areas prescribed in Clause 1 Article 31 of Circular 13/2019/TT-BGTVT or aviation security checkpoints or workplaces of regulatory bodies at an airport must be subject to written permission by the supervisory authority, except for the following cases:

+ The audio and video recording of information and documents classified as state secrets shall comply with regulations on protection of state secrets;

+ The audio and video recording is made at lounges and baggage reclaim areas which are not aviation security checkpoints;

+ Regulatory bodies or aviation security control forces make audio and video recordings for official duty purposes within their jurisdiction.

- Easily recognizable warning signs must be put up at locations where audio and video recording is prohibited but to which passengers and people may have access.

- In case of performing contingency and rescue tasks, the head of the authority or unit of the persons and vehicles performing emergency and rescue tasks shall cooperate with the aviation security control force of the unit in charge of the restricted area to supervise activities of persons and vehicles without the aviation security control badge/permit or internal security control badge/permit.

- The integrity of checked baggage, cargo and mail shall be ensured within a restricted area:

+ Heads of authorities and units operating at airports/aerodromes shall adopt measures against baggage, cargo and mail theft within their jurisdiction. The airports authority shall supervise the adherence to this regulation by authorities and units.

+ Airport/aerodrome operators, cargo service providers and ground service providers shall inspect and supervise the compliance with procedures and standards for baggage and cargo handling.

+ Airport/aerodrome operators shall promulgate regulations on the list of persons and vehicles allowed to enter and leave through each specific gate, door and path; list of carry-on items that have to be registered or declared at the aviation security checkpoint before entering restricted areas; carry-on items that are not allowed in restricted areas;

+ Airlines shall disseminate regulations on transport of valuable items put in checked baggage; procedures for filing complaints and claiming compensation in the case of lost baggage;

+ Measures for property theft prevention shall be specified in the ASPs and ASRs of enterprises.

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