THE
GOVERNMENT OF VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
139/2024/ND-CP
|
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.