Decree No. 93/2022/NĐ-CP On management and security assurance at international airports

DECREE

On management and ensuring security and order at international air ports

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on National Border dated June 17, 2003;

Pursuant to the National Security Law dated December 3, 2004;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

On the basis of the Civil Aviation Law dated June 29, 2006; the Law Amending and Supplementing Some Articles of the Civil Aviation Law dated November 21, 2014;

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to the Law on Entry into, Exit from, Transit through, and Stay of Foreigners in Vietnam dated June 16, 2014; and the Law Amending and Supplementing Certain Provisions of the Law on Entry into, Exit from, Transit through, and Stay of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Exit from and Entry into Vietnam of Vietnamese Citizens dated November 22, 2019;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree on management and ensuring security and order at international air ports.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the management and ensuring of national security and social order at international air ports; the areas around international air ports; the responsibilities of ministries, sectors, and People's Committees of provinces and centrally governed cities with international air ports; and the responsibilities of specialized state management agencies at international air ports.

2. Activities related to exit, entry, export, and import of goods for defense and security purposes are not within the scope regulated by this Decree.

3. Measures to counter illegal interference in civil aviation operations shall be carried out according to the Overall Emergency Plan issued by the Prime Minister.

Article 2. Applicability

1. Agencies, organizations, and individuals operating at international air ports; agencies, organizations, and individuals with functions and tasks of managing and ensuring security and order at international air ports; and other relevant agencies, organizations, and individuals.

2. This Decree does not apply to persons traveling on defense and security means of transport entering and exiting the territory of Vietnam to perform defense and security missions.

3. Police officers of the People's Public Security, personnel responsible for handling procedures and ensuring security for special aircraft and special cargo compartments shall comply with the provisions of laws on ensuring security for special aircraft and special cargo compartments.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. An international air port is a place where exit, entry, transit, export, and import activities are conducted at airports and airfields, permitted by competent authorities to operate international flights under the Civil Aviation Law of Vietnam.

2. The Border Gate Police is a specialized unit under the Ministry of Public Security responsible for implementing border control, management, and ensuring security and order at international air ports in accordance with the law.

3. Specialized state management agencies at international air ports include Air Traffic Control Units, Border Gate Police, Customs Offices, Frontier Health Quarantine Offices, and Animal and Plant Quarantine Offices.

4. The exit-entry quarantine area is a part of the international air port designated for persons who have completed exit formalities but have not boarded the aircraft and those who have disembarked but have not completed entry formalities.

Chapter II

SPECIFIC PROVISIONS

Article 4. Scope of Areas at International Air Ports

1. The scope of the international air port area includes zones for exit, entry, and transit of persons and means of transport, export, import, and transit of goods, clearly demarcated and marked with signs as prescribed, including:

a) Passenger terminal area: zone for exit, entry, and transit formalities for persons and means of transport; customs clearance area; baggage claim area; storage area for goods and checked baggage, lost baggage;

b) Cargo terminal area for export, import, and transit; export goods warehouse; import goods warehouse;

c) Aircraft parking area: departure, arrival, and transit aircraft area; loading and unloading area, transfer area, export, import, and transit goods storage area;

d) Other areas related to exit, entry, and transit of persons; export, import, and transit of goods and means of transport when international flights are permitted to land at non-airport locations.

2. The scope of the exit-entry quarantine area within the international air port extends from the exit control point to the aircraft door and from the aircraft door to the entry control point. In cases where the aircraft is parked on the apron, the space inside the passenger transport vehicle from the boarding gate to the exit aircraft door and from the arrival aircraft door to the entry control point is considered the exit-entry quarantine area.

3. The scope of the areas at international air ports as stipulated in Clause 1 and Clause 2 of this Article shall be marked with signs according to the model prescribed in the Appendix attached to this Decree.

Article 5. Passenger flow, cargo, and passenger baggage at air border gates

1. Passenger flow:

a) For inbound passengers, upon disembarking from the aircraft, they shall sequentially follow the procedures for health quarantine, animal and plant quarantine (if applicable), entry control, and customs clearance;

b) For outbound passengers, they shall sequentially follow the procedures for aviation formalities, exit control, customs clearance, and aviation security screening;

c) For transit passengers, upon disembarking from the aircraft, they shall sequentially follow the procedures for quarantine and aviation security screening;

d) During disease outbreaks, the passenger flow may be adjusted according to the regulations on disease prevention and control issued by the Ministry of Health.

2. Cargo and passenger baggage flow:

a) For imported goods and baggage of inbound passengers not accompanying them upon disembarking from the aircraft, they shall sequentially follow the procedures for quarantine (health, animal, plant) and customs clearance;

b) For exported goods and baggage of outbound passengers not accompanying them, they shall sequentially follow the procedures for quarantine (health, animal, plant), customs clearance, and aviation security screening.

Article 6. Ensuring Security and Order in Air Border Gate Areas

1. Measures to ensure security and order in air border gate areas:

a) Patrols, controls, prevention, detection, and handling of violations of the law;

b) Monitoring the activities of people and means of transport in air border gate areas using technical equipment and devices;

c) Other measures as prescribed by the Law on Public Security Organs, the National Security Law, and other relevant laws.

2. Measures to ensure security and order in isolation areas for entry and exit:

a) Control of people entering and exiting isolation areas for entry and exit;

b) Patrols, controls, prevention, detection, and handling of violations of the law in isolation areas for entry and exit;

c) Monitoring the activities of people and means of transport in isolation areas for entry and exit using technical equipment and devices;

d) Other measures as prescribed by the Law on Public Security Organs, the National Security Law, and other relevant laws.

3. Authority to apply measures to ensure security and order in air border gate areas and isolation areas for entry and exit:

a) The Border Gate Police shall take the lead in implementing measures to ensure security and order in accordance with the Law on Public Security Organs and the National Security Law;

d) Other specialized state management agencies shall cooperate in implementing measures to ensure security and order in accordance with relevant laws.

4. Specialized state management agencies and related agencies and organizations responsible for ensuring security and order in air border gate areas may install technical equipment and devices to meet operational requirements without affecting the normal operations of agencies, organizations, and businesses.

5. Border Gate Police officers performing duties in air border gate areas and isolation areas for entry and exit must wear Border Gate Police identification numbers as prescribed by the Ministry of Public Security.

Article 7. Security and Order Control for Persons Entering, Leaving, and Operating in the Exit and Entry Quarantine Area

2. Persons exiting, entering, or transiting may enter and leave the exit and entry quarantine area in accordance with their exit, entry, or transit itinerary.

Article 8. Handling Violations of Laws on Security and Order at Airports

1. When discovering a violation of the law at an airport, the specialized agency with jurisdiction over the matter shall take the lead in handling it. In cases where multiple agencies have jurisdiction, the agency that first discovers the violation shall take the lead in handling it.

2. In cases where the competent authority has not been clearly identified, the Border Gate Police shall take the lead in receiving and initially handling violations of the law, transferring them to the competent agencies or units for further handling according to regulations.

3. Upon discovering information related to violations of the law at an airport, relevant agencies, organizations, and individuals shall promptly provide such information to the competent state agencies as stipulated in Clause 1 and Clause 2 of this Article.

4. Agencies entrusted with handling violations of the law at airports shall be responsible for informing the Border Gate Police and relevant state management agencies and enterprises about the handling of the case to coordinate in dealing with the case and perform their functions and tasks as prescribed. In cases where the handling of the case involves state secrets, the exchange of information shall be carried out in accordance with the law on protecting state secrets.

Article 9. Special Control Measures

In cases where there is a threat to national security but does not reach the level requiring the declaration of a state of emergency, special control measures shall be applied at airports according to the decision of the Prime Minister, with the Ministry of Public Security taking the lead in adjusting passenger movement routes to meet security and order requirements; deploying patrol forces and setting up security checkpoints at necessary locations, monitoring the entire airport area, and placing prohibition and restricted activity signs according to the models prescribed in the Appendix attached to this Decree.

Chapter III

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 10. Effective Date

This Decree takes effect from December 22, 2022.

Article 11. Responsibilities of the Ministry of Public Security

2. Direct aviation enterprises to cooperate with the Ministry of Public Security and related agencies to implement the provisions of this Decree.

Article 13. Responsibilities of the Ministry of Finance

Direct customs authorities to conduct inspection, supervision, and customs control over means of transport entering and exiting, imported and exported goods, and baggage of persons entering and exiting; coordinate to ensure security and order at air ports.

Article 14. Responsibilities of People's Committees of provinces and centrally governed cities having air ports and related ministries and agencies

1. People's Committees of provinces and centrally governed cities having air ports within their functions, tasks, and authority shall be responsible for directing functional agencies and units to coordinate with specialized state management agencies to manage and ensure security and order at air ports.

2. Related ministries and agencies within their functions, tasks, and authority shall coordinate with the Ministry of Public Security in management work to ensure security and order at air ports; direct agencies, units, and forces under their jurisdiction to closely coordinate with Air Port Police to ensure security and order at air ports.