What is aviation security search? What are the regulations on aviation security search in Vietnam? - Duc Thinh (Tien Giang, Vietnam)
What is aviation security search? Regulations on aviation security search in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 5, Article 4 of Decree 92/2015/ND-CP, aviation security search means the detailed check of each object, position of subject or person who is searched in order to detect and stop the weapon, explosive or other dangerous equipment or items to eliminate the factors of threat to the aviation security. The aviation security search shall be decided by the competent person.
Regulations on aviation security search under Articles 9 and 10 of Decree 92/2015/ND-CP are as follows:
* Aviation security search in Vietnam:
- The aviation security control forces in the management areas of airports or aerodromes must carry out the aviation security search in case of necessity as stipulated by law.
- The aviation security search is done to the aircraft, passengers, crew members, luggage, cargo and postal items on aircraft in the event of information on dangerous items on aircraft not yet detected and identified during the scanning and check before carried on board of aircraft.
- Where there is a person verbally threatening the safety of the flight, the aviation security search is done to the aircraft and person who has verbal threats and his luggage.
- The aviation security search is done upon check, scanning and supervision for aviation security to the passengers, crew members, flight attendants and relevant persons, luggage, cargo, postal items and means with detection of signs or information of threat to the security and safety of flights.
- Where there is a person at the scanning point or in the restricted areas verbally threatening the safety of the flights, this person and his luggage and objects must be searched for aviation security.
- in case of detecting the luggage and objects without their owner or manager, use at the airports, aerodromes and other restricted areas, these luggage and objects must be searched for aviation security.
- Do not carry out the aviation security search for the case of right to inviolability of the body in accordance with regulations of law.
* Regulations on aviation security search in Vietnam:
- The persons having the authority to decide the aviation security search, subjects and scope of aviation security search consist of:
+ The head of aviation security control forces at the airports or aerodromes for the cases specified in Article 9 of Decree 92/2015/ND-CP;
+ The head of aviation security scanning and check division at the airports or aerodromes for the cases specified in Paragraph 3 and 4, Article 9 of Decree 92/2015/ND-CP;
+ The head of mobile security and control security division at the airports or aerodromes for the cases specified in Paragraph 5, Article 9 of Decree 92/2015/ND-CP;
- The aviation security search to the aircraft must be notified to the aircraft operators and relevant aviation Authority and must be supervised by the aviation Authority.
- The aviation security control forces at the airports or aerodromes shall directly carry out the aviation security search. The relevant airline shall send the aircraft technicians to participate and give advice during the aviation security search.
- In case of searching people, arrange male officer to search male passenger and female officer to search female passenger.
- The aviation security search must be recorded.
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