Decree No. 139/2024/ND-CP dated October 24, 2024 on procedures for intercepting, escorting, and forcing aircraft violating Vietnamese airspace to land at airport and aerodrome

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.

Chapter I

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).

3. Aircraft violating flight rules means an aircraft that fails to adhere to: General flight rules, visual flight rule (VFR), instrument flight rules (IFR), or regulations of flight rules pertaining to flight, flight management, and flight control in Vietnamese airspace.

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

DEALING WITH AIRCRAFT VIOLATING VIETNAMESE AIRSPACE

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

Article 6. Procedures for intercepting, escorting aircraft violating Vietnamese airspace

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.

Article 8. Use of information, signals, codes

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.

2. The Minister of National Defense shall report directly to Prime Minister regarding decision on intercepting flights, escorting flights, and flights to force private aircraft violating Vietnamese airspace to land at airports and aerodromes.

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;

c) inform adjacent flight coordination facilities if violating aircraft enter area within jurisdiction of these facilities;

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;

c) Actively cooperate and develop appropriate policies for each violation;

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

RESPONSIBILITIES OF MINISTRIES, CENTRAL DEPARTMENTS, AND RELEVANT ORGANIZATIONS, INDIVIDUALS

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.

Article 17. The Ministry of Public Security

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.

2. Develops solutions and procedures for dealing with aircraft violating Vietnamese airspace and forced to land at airport and aerodrome as per the law.

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./.

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

2. Signals emitted by intercepted, escorted, forced aircraft in response to signals of intercepting, escorting, forcing aircraft.

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.

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.

c) Where radio communication is established but a common language is not available, essential information shall be delivered via short phrases the pronunciation of which is detailed under Schedule 2 below, each phrase shall be repeated twice.

Note:

- Call sign means identifier used in communication with ATS according to name of aircraft in flight schedule.

- Hijack shall be used sparingly and must not be used unless otherwise mandated by the situation.