DECREE

ON CONTROLLING AND MAINTAINING SECURITY AND ORDER IN AIR BORDER GATE

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

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

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

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

Pursuant to the Law on Civil Aviation of Vietnam dated June 29, 2006; the Law on amendment to the Law on Civil Aviation of Vietnam dated November 21, 2014;

Pursuant to the Law on Customs dated June 23, 2014;

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Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014; the Law on amendment to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Exit and Entry of Vietnamese nationals dated November 22, 2019;

At request of Minister of Public Security;

The Government promulgates Decree on controlling and maintaining security and order in air border gate.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes control and maintenance of national security, social order and safety in air border gates; responsibilities of ministries, central departments, and People’s Committees of provinces and central-affiliated cities where air border gates are located; responsibilities of field-specific authorities in air border gates.

2. Exit, entry, import and export serving the performance of national defense and security are not prescribed by this Decree.

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Article 2. Regulated entities

1. Agencies, organizations, and individuals operating in air border gates; agencies, organizations, and individuals tasked with controlling and maintaining security and order in air border gates and other relevant agencies, organizations, and individuals.

2. This Decree does not apply to passengers aboard national defense and security vehicles entering, exiting Vietnamese territory for performance of national defense and security tasks.

3. Officers in the People’s Public Security, persons tasked with controlling and maintaining security of dignitary flights on private and commercial airplanes shall conform to regulations and law on maintaining security of dignitary flights on private and commercial airplanes.

Article 3. Definitions

In this Decree, terms below are construed as follows:

1. “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.

2. “border gate police” mean entities affiliated to the Ministry of Public Security, controlling entry and exit, and controlling and maintaining security, order in air border gates as per the law.

3. “field-specific authorities in air border gates” include Airport Authority, border gate police, customs authorities, border health inspection authorities, and animal, plant health inspection authorities.

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Chapter II

SPECIFIC PROVISIONS

Article 4. Areas in air border gates

1. 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:

a) 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;

b) Cargo terminal for export, import, transit; export storage; import storage;

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

d) 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.

2. 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.

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Article 5. Passenger, cargo, and luggage flow in air border gates

1. Passenger flow:

a) For inbound passengers, passengers upon disembarking from aircrafts must adopt health inspection, animal and plant health inspection (if any), entry procedures, and customs procedures;

b) For outbound passengers, passengers shall adopt air travel procedures, exit procedures, customs procedures, and security screening;

c) For passengers in transit, passengers disembarking aircrafts shall adopt health inspection and security screening procedures;

d) At times of epidemic, passenger flow can be adjusted depending on regulations on prevention and control of infectious diseases of the Ministry of Health.

2. Cargo and luggage flow:

a) With respect to import goods and luggage of inbound passengers that are not accompanied by passengers upon disembarkation, adopt health inspection (for animals and plants) and customs procedures;

b) With respect to export goods and luggage of transit passengers that are not accompanied by passengers, adopt health inspection (for animals and plants), customs procedures, and security screening.

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1. Measures for maintaining security and order in air border gates:

a) Patrol, control, prevention, detection, and penalties for violations of the law;

b) Supervision of activities of people and vehicles in air border gates via technical devices and equipment;

c) Other measures according to the Law on People’s Public Security, the Law on National Security, and relevant law provisions.

2. Measures for maintaining security and order in immigration sterile areas:

a) Control of people entering and exiting immigration sterile areas;

b) Patrol, control, prevention, detection, and penalties for violations of the law that occur in immigration sterile areas;

c) Supervision of activities of people and vehicles in immigration sterile areas via technical devices and equipment;

d) Other measures according to the Law on People’s Public Security, the Law on National Security, and relevant law provisions.

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a) 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;

b) Aviation security control forces shall patrol and supervise activities of people and vehicles in accordance with the Law on Civil Aviation of Vietnam;

c) 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;

d) Other field-specific authorities shall cooperate in implementing measures for maintaining security and order in accordance with relevant law provisions.

4. Field-specific authorities and agencies, organizations related to the task of maintaining security and order in air border gates are allowed to install technical devices and equipment for the purpose of task performance without interfering in normal operation of agencies, organizations, and enterprises.

5. Officers of border gate police performing their duties in border gate areas and immigration sterile areas must wear border police badge according to regulations of Ministry of Public Security.

Article 7. Security and order control for people entering, exiting, and operating in immigration sterile areas

1. Public officials, public employees, and employees of field-specific authorities, air operators, airport enterprises, aerodrome enterprises, service providers in immigration sterile areas, employees of enterprises surveying, constructing, repairing, maintaining constructions and equipment in airports and aerodromes, upon entering and exiting immigration sterile areas, must possess aviation security control cards or license or aviation security and safety supervisor card issued by aviation authorities, enterprises under the Law on Civil Aviation of Vietnam or badge of border gate police tasked to station in immigration sterile areas. Border gate police forces are responsible for supervising, inspecting, and controlling in order to prevent, detect, and promptly take actions against violations of the law pertaining to security and order of people entering, exiting, and operating in immigration sterile areas as per the law.

2. Inbound, outbound, and transit passengers are allowed to enter and exit immigration sterile areas depending on their entry, exit, and transit route.

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Article 8. Actions against violations of the law pertaining to security and order in air border gates

1. Upon discovering violations of the law in air border gates, authorities governing fields of the violations shall take actions against such violations. If multiple authorities are entitled to take actions against violations, the authorities that first discover the violations shall decide.

2. If entitled authorities of a violation cannot be identified, border gate police shall take charge, take initial actions against the violation, and later transfer to competent agencies, entities as per the law.

3. Upon acknowledging information pertaining to violations of the law in air border gates, all agencies, organizations, and individuals are responsible for providing said information to competent authorities under Clause 1 and Clause 2 of this Article.

4. Agencies assigned to take actions against violations of the law in air border gates are responsible for notifying border gate police and relevant state authorities, enterprises of the taking of actions in order to cooperate in taking actions against the violations and performing tasks, functions as per the law. If the violations are listed as state secret, the exchanging of information shall conform to regulations and law on protection of state secret.

Article 9. Special control

In case of threat to national security which does not warrant declaration of the state of emergency but warrants special control in air border gates in accordance with decision of the Prime Minister, Ministry of Public Security shall take charge and adjust passenger flow to meet security and order requirements, arrange patrol forces, establish security checkpoints where needed, supervise all air border gate areas, and erect signs according to Appendix attached hereto.

Chapter III

ORGANIZING IMPLEMENTATION AND IMPLEMENTATION CLAUSES

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This Decree comes into force from December 22, 2022.

Article 11. Responsibilities of Ministry of Public Security

1. Take charge and cooperate with relevant ministries, central departments, People‘s Committees of provinces and central-affiliated cities where air border gates are located in implementing measures for maintaining security and order in air border gates in accordance with this Decree.

2. Direct border gate police to take charge and cooperate with relevant agencies, organizations in maintaining security and order in air border gate areas; control immigration; take charge and cooperate with relevant agencies and entities in determining areas in air border gates; closely control immigration sterile areas.

Article 12. Responsibilities of Ministry of Transport

1. Take charge and cooperate with Ministry of Public Security, relevant ministries, central departments, People’s Committees of provinces and central-affiliated cities in guiding, organizing implementation of measures for maintaining civil aviation security and order in air border gates.

2. Direct aviation agencies and enterprises to cooperate with Ministry of Public Security and relevant authorities in implementing this Decree.

Article 13. Responsibilities of Ministry of Finance

Direct customs authorities to implement customs inspection, supervision, and control with respect to inbound and outbound vehicles, import and export goods, luggage of inbound and outbound passengers, cooperate in maintaining security and order in air border gates.

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1. People’s Committees of provinces and central-affiliated cities where air border gates are located, within their tasks, functions, and powers are responsible for directing agencies and authorities to cooperate with field-specific authorities in controlling and maintaining security and order in air border gates.

2. Relevant ministries and central departments, within their functions, tasks, and powers, shall cooperate with Ministry of Public Security in controlling and maintaining security and order in air border gates; direct agencies, entities, and affiliated entities to closely cooperate with border gate police in maintaining security and order in air border gates.

ON BEHALF OF. GOVERNMENT
PRIME MINISTER




Pham Minh Chinh

APPENDIX

SIGN SAMPLES IN BORDER GATE AREAS
(Attached to Decree No. 93/2022/ND-CP dated November 7, 2022 of the Government)

1. Sample “Border gate area” sign.

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3. Sample “Stop” sign.

4. Sample “No duties, no trespassing” sign.

5. Sample “Restricted area” sign.

Sample No. 1. “BORDER GATE AREA” sign

Note:

- The sign “Border gate area” is made of metal, 1,5 mm thick, 1400 mm thick, 900 mm long; is coated with reflective paint, blue background, and white lettering.

- Sign and letter dimension is expressed in mm.

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Sample No. 2. “IMMIGRATION STERILE AREA” sign.

Note:

- Material: Metal, hard plastic, or formica

- Color: Red background, yellow lettering; yellow outline

Sample No. 3. “STOP” sign

Note:

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- Color: Red background, white lettering.

Sample No. 4. “NO DUTIES, NO TRESPASSING” sign

Note:

- Material: Metal, hard plastic, or formica

- Color: Red background, yellow lettering; yellow outline

Sample No. 5. “RESTRICTED AREA” sign

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Note:

- Material: Metal, hard plastic, or formica

- Color: Red background, yellow lettering; yellow outline