THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 139/2024/ND-CP
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Hanoi, October 24, 2024
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DECREE
ON PROCEDURES FOR INTERCEPTING, ESCORTING, AND FORCING AIRCRAFT
VIOLATING VIETNAMESE AIRSPACE TO LAND AT AIRPORT AND AERODROME
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 Defense dated June 8 of 2018;
Pursuant
to the Law on National Border dated June 17 of 2003;
Pursuant
to the Law on Civil Aviation of Vietnam dated June 29 of 2006; the Law on
amendment to the Law on Civil Aviation of Vietnam dated November 21 of 2014;
At
request of the Minister of National Defense;
The
Government promulgates procedures for intercepting, escorting, and forcing aircraft
violating Vietnamese airspace to land at airport and aerodrome.
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GENERAL PROVISIONS
Article
1. Scope
1. This Decree
prescribes procedures for intercepting, escorting, and forcing aircraft
violating Vietnamese airspace to land at airport and aerodrome; forces for intercepting,
escorting, and forcing violating aircraft to land.
2. Unmanned aircraft
and ultralight aircraft are not regulated by this Decree.
Article
2. Regulated entities
This Decree applies
to Vietnamese organizations and individuals, foreign organizations and
individuals engaging in civil aviation in Vietnamese airspace; agencies and
entities managing operation of airports and aerodromes in Vietnam.
Article
3. Definitions
1. Aircraft
violating Vietnamese airspace means an aircraft entering Vietnamese
airspace without permission of Vietnamese authority.
2. Aircraft
violating flight permission means an aircraft which has been granted and
violates flight permission within Vietnamese airspace (violating no-fly zones,
restricted flight zones, or flight rules; failing to adhere to time, altitude,
and area specified in flight permission).
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4. Unlawful
interference with an in-flight aircraft or threatening flight safety
includes:
a) Illegally seizing
an in-flight aircraft;
b) Using an aircraft
as a weapon;
c) Taking hostages on
board the aircraft;
d) Bringing or using
dangerous materials on board unlawfully, including weapons, munitions,
combustible substances, flammable substances, explosive substances, weapons of
mass destruction, objects or substances that can cause or are used to cause
harm to health or lives of people and safety of the flight.
5. Intercepting means
a maneuver in which the Vietnam’s People Army approaches a violating aircraft
at appropriate positions and emits signals so as to prevent the violating
aircraft from entering Vietnamese airspace unlawfully.
6. Escorting means
a maneuver in which the Vietnam People’s Army approaches and guides a violating
aircraft at appropriate positions until the violation is resolved.
7. Forcing landing
of violating aircraft means a maneuver in which the Vietnam People’s Army
approaches a violating aircraft, emits signals, and forces the violating
aircraft to land at air airport and aerodrome.
Chapter
II
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Section
1. AIRCRAFT INTERCEPTED, ESCORTED, FORCED TO LAND AT AIRPORT AND AERODROME AS A
RESULT OF VIOLATING AIRSPACE
Article
4. Violating aircraft to be intercepted and escorted
1. An aircraft
violating Vietnamese airspace shall be intercepted.
2. An aircraft
violating flight permission shall be escorted.
Article
5. Aircraft to be forced to land at airport and aerodrome
An aircraft shall be
forced to land at airport and aerodrome if:
1. The aircraft is
unlawfully interfered with while flying in Vietnamese airspace.
2. The aircraft is
intercepted or escorted as a result of violating Vietnamese airspace and
failing to comply with intercepting, escorting aircraft of Vietnam People's
Army.
Section
2. PROCEDURES FOR INTERCEPTING, ESCORTING, FORCING AIRCRAFT VIOLATING
VIETNAMESE AIRSPACE TO LAND AT AIRPORT AND AERODROME AND USE OF INFORMATION AND
SIGNAL
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Intercepting,
escorting aircraft shall intercept and escort aircraft violating Vietnamese
airspace as follows:
1. Intercepting,
escorting aircraft shall approach violating aircraft from behind on port side
or starboard side depending on the situation and observation; establish
appropriate speed and distance so as to maintain safety, emit signals and codes
and actions, and ensure that pilots (flight crew) of violating aircraft can
perceive the signals, codes, and actions from intercepting, escorting aircraft.
2. Once violating aircraft
have acknowledge necessary information and resolved the violation,
intercepting, escorting aircraft shall perform breakaway maneuver and leave the
area.
Article
7. Procedures for forcing aircraft violating Vietnamese airspace to land at
airport and aerodrome
1. Aircraft forcing
landing shall approach aircraft violating Vietnamese airspace as follows:
a) Aircraft forcing
landing shall approach violating aircraft from behind on port side or starboard
side depending on the situation and observation; establish appropriate speed
and distance so as to maintain safety, emit signals and codes and actions, and
ensure that pilots (flight crew) of violating aircraft can perceive the
signals, codes, and actions requesting the violating aircraft to land at
designated airports, aerodromes;
b) Once violating aircraft
safely land at designated airports and aerodromes, aircraft forcing landing
shall perform breakaway maneuver and leave the area or land at order of
military flight command.
2. Conditions for
airports and aerodromes to be designated
Airports and
aerodromes must meet technical requirements to facilitate landing of violating aircraft;
geography of airport vicinity must allow circling approach; violating aircraft
have sufficient fuel to reach designated airports and aerodromes. Airports at
which civil aviation activities are present shall be prioritized.
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Aircraft
intercepting, escorting, forcing landing shall use radio signals, codes or
perform actions to issue command to aircraft violating Vietnamese airspace in
accordance with instructions under Appendix attached hereto.
Section
3. DEALING WITH AIRCRAFT VIOLATING AIRSPACE, AIRCRAFT LANDING AT AIRPORTS AND
AERODROMES
Article
9. Dealing with aircraft violating airspace not complying with intercepting,
escorting aircraft, aircraft forcing landing
Where violating aircraft
fail to comply with intercepting, escorting aircraft, or aircraft forcing landing
and potentially threaten important locations or affect national defense and
security, the violating aircraft shall be dealt with in accordance with regulations
on air defense scenarios of the Ministry of National Defense.
Article
10. Forces intercepting, escorting, and forcing landing
1. Aircraft and
combat forces on stand-by of entities affiliated to the Ministry of National
Defense and coordination of civil aviation management authority.
2. Competent
authority shall decide and dispatch combat forces on stand-by at appropriate
locations to intercept, escort, and force violating aircraft to land on a
case-by-case basis depending on the type of violating aircraft and location of
the violation.
Article
11. Authority to order intercepting flight, escorting flight, and flight
forcing violating aircraft to land at airports and aerodromes
1. The Minister of
National Defense shall have the authority to order intercepting flights,
escorting flights, and flights to force aircraft violating Vietnamese airspace
to land at airports and aerodromes.
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Article
12. Procedures for handling aircraft violating Vietnamese airspace
1. Airspace and
flight coordination authority affiliated to Vietnamese Air force - Air Defense
shall, upon discovering or receiving report regarding aircraft violating
Vietnamese airspace:
a) promptly report to
their commanding officer, superior command and notify civil aviation management
authority, and relevant agencies, entities;
b) Where Minister of
National Defense gives order, the air force shall intercept, escort, and force
aircraft violating Vietnamese airspace to land at airports and aerodromes in
accordance with Article 6 and Article 7 hereof;
c) Where report of
aircraft violating Vietnamese airspace is provided by the navy, military zones
or air traffic control facilities affiliated to civil aviation shall verify the
report before proceeding in accordance with Point a and Point b of this Clause.
2. In respect of civil
aviation flight coordination facilities at airports and aerodromes at which
violating aircraft land
Where aircraft
violating Vietnamese airspace are intercepted, escorted, or forced to land at
designated airports and aerodromes, civil aviation flight coordination
facilities shall:
a) cooperate with
military forces for the purpose of intercepting, escorting, and forcing
violating aircraft to land at airports and aerodromes;
b) establish
communication with entities commanding interception, escort, and forced
landing; maintain two-way communication with aircraft intercepting, escorting,
and forcing landing and provide these aircraft with available information
pertaining to the violating aircraft;
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d) guide violating
aircraft to enter taxiway after the aircraft have safely landed at designated
airports and aerodromes.
Article
13. Forces handling aircraft violating airspace and forced to land
1. Forces affiliated
to Ministry of National Defense.
2. Forces cooperating
with Ministry of Transport, Ministry of Public Security, and relevant central
departments.
3. Forces affiliated
to Steering Committee for anti-terrorism of provinces and central-affiliated
cities.
Article
14. Cooperation between forces in dealing with aircraft violating airspace to
be intercepted, escorted, forced to land at airport and aerodrome
1. Cooperation
principles
a) Comply with
Vietnam’s regulations of the law and international treaties to which Vietnam is
a signatory;
b) Comply with
policies and diplomacies of the Socialist Republic of Vietnam;
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d) Adhere to designated
tasks and powers;
dd) Ensure timely and
effective communication between forces.
2. Details of
cooperation
a) Cooperate in
coordinating and dealing with aircraft violating Vietnamese airspace and
intercepted, escorted, forced to land led by Vietnamese Air force - Air Defense
and joined by civil aviation agencies and entities;
b) Cooperate in
dealing with violating aircraft landing at airport and aerodrome
Steering Committee
for anti-terrorism of provinces and central-affiliated cities in which airports
and aerodromes are located shall take charge and coordinate relevant entities
in dealing with violating aircraft that has landed in accordance with solutions
and plans approved by competent authority;
Civil Aviation
Authority of Vietnam (CAAV) shall take charge and cooperate with military,
police, local government, state authorities, and enterprises operating at
airports in dealing with violating airports landing at airports and aerodromes;
Air force stationed
at military aerodromes designated to intercept, escort, and force violating
aircraft to land shall cooperate with police authority, local government, and
relevant agencies, entities in dealing with violating aircraft that has landed.
Chapter
III
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Article
15. The Ministry of National Defense
1. Takes charge of
organizing intercepting flights, escorting flights, flights to force aircraft
violating Vietnamese airspace to land at airport and aerodrome.
2. Takes charge and
cooperates with Ministry of Transport, ministries, central departments,
People’s Committees of provinces and central-affiliated cities where airports
and aerodromes are located in deploying forces for intercepting, escorting,
forcing aircraft violating Vietnamese airspace to land at airport and
aerodrome.
3. Directs agencies
and entities in developing plans, providing training for intercepting flights,
escorting flights, flights to force aircraft violating Vietnamese airspace to
land in a manner that is consistent with the nature of the tasks and types of
aircraft available.
Article
16. The Ministry of Transport
1. Develops and
provides training, advanced training, necessary instruments for forces under
their management.
2. Coordinates
development of solutions for arranging and mobilizing forces, resources, and specific
operations of forces under their management.
3. Takes charge and
cooperates with ministries, central departments, and relevant departments
specializing in international cooperation in dealing with aircraft of foreign
nationality violating Vietnamese airspace and being intercepted, escorted,
forced to land at airport and aerodrome.
4. Assigns CAAV to
propose ideas and hold nationwide drills in accordance with direction of
Chairperson of National Civil Aviation Security Committee (NASC) pertaining to
responses to cases in which aircraft violating Vietnamese airspace are
intercepted, escorted, and forced to land at airport and aerodrome.
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1. Takes charge and
cooperates with the Ministry of Transport and the Ministry of National Defense
in coordinating and implementing aviation security measures once violating
aircraft land at airport and aerodrome.
2. Directs police
agencies and authorities to cooperate with entities affiliated to central
departments, ministries, and relevant local governments in taking actions
against violating aircraft and people thereon once the violating aircraft has
landed at airport and aerodrome.
Article
18. The Ministry of Finance
1. Directs Customs
agencies at international airports to take charge of examining, controlling
imports, exports, goods in transit, luggage of inbound, outbound, in-transit
passengers in a law-compliant manner once aircraft violating Vietnamese
airspace have landed at airport and aerodrome.
2. Directs Customs
agencies at international airports to cooperate with aviation security forces
and forces of Steering Committee for Anti-terrorism during investigation and
examination process as per the law in respect dangerous items mentioned under
Point d Clause 5 Article 3 hereof.
Article
19. The Ministry of Foreign Affairs
Cooperates with
Ministry of Transport, other ministries, and relevant central departments
specializing in international cooperation in dealing with aircraft with foreign
nationality violating Vietnamese airspace and intercepted, escorted, forced to
land at airport and aerodrome in accordance with Vietnam’s laws and
international treaties to which the Socialist Republic of Vietnam is a
signatory.
Article
20. People’s Committees of provinces and central-affiliated cities where
airport and aerodrome are located
1. Steering
Committees for Anti-terrorism of provinces and central-affiliated cities shall
cooperate with forces affiliated to the Ministry of National Defense and
relevant agencies, entities in dealing with violating aircraft forced to land
at airport and aerodrome in their provinces and cities.
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Chapter
IV
IMPLEMENTATION
Article
21. Entry into force
This Decree comes
into force from December 09 of 2024.
Article
22. Responsibility for implementation
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities related to intercepting
flights, escorting flights, and flights to force aircraft violating Vietnamese
airspace to land at airport and aerodrome, heads of agencies, organizations,
and relevant individuals shall be responsible for the implementation of this
Decree./.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha
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APPENDIX
INFORMATION, SIGNALS, CODES USED DURING
INTERCEPTING FLIGHT, ESCORTING FLIGHT, FLIGHT TO FORCE AIRCRAFT VIOLATING
VIETNAMESE AIRSPACE TO LAND AT AIRPORT AND AERODROME
(Attached to Decree No. 139/2024/ND-CP dated October 24 of 2024 of the
Government)
1.
Signals emitted by intercepting, escorting, forcing aircraft and responding
signals emitted by intercepted, escorted, forced aircraft
Type
Signals of intercepting, escorting, forcing aircraft
Interpretation
Responses of intercepted, escorted, forced aircraft
Interpretation
1
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When
intercepted, escorted, forced aircraft send signal acknowledging the order,
intercepting, escorting, forcing aircraft slowly turn to the left or the
right to guide.
1.
Depending on meteorology or geographical features, intercepting, escorting,
forcing aircraft may lead the intercepted, escorted, forced aircraft on
starboard side and slowly turn right to guide further.
2.
Where intercepted, escorted, forced aircraft cannot keep up, intercepting,
escorting, forcing aircraft remain mobile formation to match speed and rock
wings whenever they overtake the intercepted, escorted, forced aircraft.
You
have been intercepted, follow me.
Day
or night: Rock wings, flash navigation lights in uneven interval, and fly in
direction of intercepting, escorting, forcing aircraft.
I
understood and will comply.
2
Day
or night: Intercepting, escorting, forcing aircraft perform breakaway
maneuver from intercepted, escorted, forced aircraft and climb without
intersecting flight path of intercepted, escorted, forced aircraft.
You
may continue.
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I
understood and will comply.
3
Day
or night: Circle airport, lower landing gear, turn on landing lights, fly over
take-off and landing path in landing direction; where violating aircraft is a
helicopter, intercepting, escorting, forcing aircraft fly over landing
location. Where both intercepting, escorting, forcing aircraft and
intercepted, escorted, forced aircraft are helicopters, the intercepting,
escorting, forcing helicopter approaches landing location and hovers next to
landing location.
Land
at this airport
Day
or night: Lower landing gear, turn on landing lights, follow intercepting,
escorting, forcing aircraft, approach and land if landing path or landing
location is safe.
I
understood and will comply.
2.
Signals emitted by intercepted, escorted, forced aircraft in response to
signals of intercepting, escorting, forcing aircraft.
Type
Signals of intercepted, escorted, forced aircraft
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Responses of intercepting, escorting, forcing aircraft
Interpretation
1
Day
or night: Raise landing gear and flash landing lights after flying over
landing path or landing location at an altitude above 300 m to 600 m (or
above 50 m to 100 m for helicopter) and continue to circle above airport or
landing location. If landing lights cannot be flashed, intercepted, escorted,
forced aircraft flash any light available.
Airport
that you have designated is inadequate for my aircraft.
Day
or night: If intercepting, escorting, forcing aircraft want to guide
intercepted, escorted, forced aircraft to a different airport, the intercepting,
escorting, forcing aircraft raise landing gear and emit type 1 signals
corresponding to intercepting, escorting, forcing aircraft.
I
understood, follow me
If
intercepting, escorting, forcing aircraft drop the pursuit, the intercepting,
escorting, forcing aircraft emit type 2 signals corresponding to
intercepting, escorting, forcing aircraft.
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2
Day
or night: Turn on and off all lights at an interval distinguishable from
flashing lights.
I
cannot comply
Day
or night: Emit type 2 signals corresponding to intercepting, escorting,
forcing aircraft.
I
understood
3
Day
or night: Flash available lights at uneven interval.
I
am in an emergency
Day
or night: Emit type 2 signals corresponding to intercepting, escorting,
forcing aircraft.
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3.
Radio information during intercepting flight, escorting flights, flights to
force aircraft violating airspace: In the process of intercepting flight,
escorting flights, flights to force landing, commanding officer in charge of
the intercepting flight, escorting flights, flights to force landing and
intercepted, escorted, forced aircraft shall:
a) Establish two-way
communication on emergency frequency 121.5 MHz, in common world language and
use call sign.
English
English pronunciation
Vietnamese pronunciation
Vietnamese meaning
intercept
control
Intơsept
côntrol
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interceptor...
Intơseptơ
“Tàu
bay bay chặn”
intercepted
aircraft
Intơseptd
eơcơraft
“Tàu
bay bị bay chặn”
b) Where the
aforementioned feat is not feasible, two-way communication with intercepted,
escorted, forced aircraft shall be established on other frequencies dictated by
commanding officer in charge of the intercepting flight, escorting flights,
flights to force landing and relevant air traffic service establishments or
other means of communication shall be established via other appropriate air
traffic service establishments.
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Phrase used by intercepting, escorting, forcing aircraft
Phrase used by intercepted, escorted, forced aircraft
Phrase
English pronunciation
Vietnamese pronunciation
Meaning
Phrase
English pronunciation
Vietnamese pronunciation
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CALLSIGN
/kodsain/
Col
sain
Tên
gọi của anh là gì (What is your call sign)
CALLSIGN
/ko:lsain/
Colsain
Tên
gọi của tôi là... (My call sign is…)
FOLLOW
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Pho
lou
Theo
tôi (Follow me)
WILCO
Vill
câu
Hiểu
rồi, sẽ tuân theo (Will comply)
DESCEND
/di'send/
Disend
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CANNOT
/kaen
not/
Cen
not
Không
thể chấp hành theo được (Cannot comply)
YOU
LAND
/ju:lasnd/
iu
land
Hạ
cánh ở sân bay này (Land here)
REPEAT
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Ri
pit
Nhắc
lại chỉ thị của anh (Repeat instruction)
PROCEED
Prosid
Anh
có thể đi (You may proceed)
AMLOST
Am
lost
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MAYDAY
/mei
dei/
May
đay
Tối
đang bị nguy hiểm (Emergency)
HIJACK
/haidjaek/
Hai
Zack
Tôi
bị không tặc (Hijack)
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LAND
(and name of landing location)
( and name of landing location)
Lend
(and name of landing location)
Tôi
xin hạ cánh ở... (và tên chỗ hạ cánh) (I will land at … (name of landing
location))
DESCEND
/di’send/
Disend
Tôi
xin hạ độ cao (I will descend)
Note:
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- Hijack shall be
used sparingly and must not be used unless otherwise mandated by the situation.