Decree No. 139/2024/NĐ-CP stipulates the procedures for intercepting, accompanying, and forcing landing of aircraft violating Vietnam's airspace at airports.

DECREE

Regulations on the Procedures for Intercepting, Escorting, and Forcing Landing of Aircraft Violating Vietnam's Airspace at Civil Aviation Airports

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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;

Based on Decree No. 168/2018/NĐ-CP dated December 28, 2018 of the Government on defense work at central ministries and localities;

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

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;

"Based on the proposal of the Minister of National Defense;"

The Government issues this Decree stipulating the procedures for intercepting, escorting, and forcing landing of aircraft violating Vietnam's airspace at civil aviation airports; and the forces responsible for intercepting, escorting, and forcing landing of such aircraft.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the procedures for intercepting, escorting, and forcing landing of aircraft violating Vietnam's airspace at civil aviation airports; the forces responsible for intercepting, escorting, and forcing landing of such aircraft.

2. Unmanned aircraft and ultralight flying machines are not within the scope of regulation of this Decree.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals engaged in civil aviation activities in Vietnam's airspace; and agencies and units managing and operating civil aviation airports in Vietnam.

Article 3. Explanation of Terms

1. An aircraft violating Vietnam's airspace is an aircraft entering Vietnam's airspace without having been granted permission by competent Vietnamese authorities.

2. An aircraft violating flight permission is an aircraft that has been granted permission to fly but is flying in violation of the terms of such permission (violating restricted or prohibited areas, flight rules; flying outside the time, altitude, and area specified in the flight permit).

3. An aircraft violating flight rules is an aircraft that does not comply with any of the following rules: General Flight Rules and Visual Flight Rules, or Instrument Flight Rules and other regulations concerning flight, management, and control in Vietnam's airspace.

4. Illegally interfering with an aircraft in flight, threatening flight safety, includes one or more of the following acts:

a) Illegally seizing control of an aircraft in flight;

b) Using an aircraft as a weapon;

c) Taking hostages on board an aircraft;

d) Bringing or using dangerous items on board an aircraft contrary to the law, including weapons, ammunition, flammable materials, explosive materials, weapons of mass destruction, or other objects or substances capable of causing danger to human health and safety, and the safety of the flight.

5. Intercepting is the action of a People's Army aircraft approaching a violating aircraft at an appropriate position and transmitting signals to prevent it from entering Vietnam's airspace.

6. Escorting is the action of a People's Army aircraft flying alongside a violating aircraft at an appropriate position to guide its flight until the violation ends.

7. Forcing a violating aircraft to land is the action of a People's Army aircraft flying alongside a violating aircraft at an appropriate position to transmit signals and compel it to land at a civil aviation airport.

Chapter II

HANDLING OF AIRCRAFT VIOLATING VIETNAM'S AIRSPACE

Section 1

FORCED LANDING OF AIRCRAFT VIOLATING VIETNAM'S AIRSPACE AT CIVIL AVIATION AIRPORTS

Article 4. Aircraft Violating Vietnam's Airspace Subject to Interception and Escorting

1. An aircraft is subject to interception when it commits an act of violating Vietnam's airspace.

2. An aircraft is subject to escorting when it commits an act of violating flight permission.

Article 5. Forced Landing of Aircraft at Civil Aviation Airports

An aircraft shall be forced to land at civil aviation airports if it falls under any of the following circumstances:

1. An aircraft in Vietnam's airspace is subjected to illegal interference.

2. An aircraft violating Vietnam's airspace is intercepted and escorted but does not comply with the actions of the People's Army aircraft conducting the interception and escorting.

Section 2

PROCEDURES FOR INTERCEPTING, ESCORTING, AND FORCING THE LANDING OF AIRCRAFT VIOLATING VIETNAM'S AIRSPACE AT CIVIL AVIATION AIRPORTS AND THE USE OF INFORMATION, SIGNALS, AND SIGNS

Article 6. Procedure for intercepting and escorting aircraft violating Vietnamese airspace

Aircraft performing interception and escort to approach aircraft violating Vietnamese airspace shall be carried out in the following manner:

1. The intercepting and escorting aircraft shall approach the violating aircraft from the left rear or right rear, depending on maneuverability and observation conditions; then establish appropriate speed and distance to ensure safety, issue signals and actions; at the same time ensuring that the pilot (crew) of the violating aircraft can receive the signals and actions from the intercepting and escorting aircraft.

2. After the violating aircraft receives necessary information and ceases the violation, the intercepting and escorting aircraft shall disengage from the area.

Article 7. Procedure for forcing aircraft violating Vietnamese airspace to land at civil airports

1. The procedure for the forcing aircraft to approach the violating aircraft shall be carried out in the following manner:

a) The forcing aircraft shall approach the violating aircraft from the left rear or right rear, depending on maneuverability and observation conditions; then establish appropriate speed and distance to ensure safety, issue signals and actions; at the same time ensuring that the pilot (crew) of the violating aircraft can receive the signals and actions requiring landing at the designated airport.

b) After the violating aircraft safely lands at the designated airport, the forcing aircraft shall disengage from the area or land according to the command of the military air commander.

2. Conditions for the designated airport

The airport must meet technical conditions to ensure the type of violating aircraft can land; the terrain around the airport must be suitable for circling and approaching the airport for landing; the violating aircraft must have sufficient fuel to reach the designated airport. Priority should be given to designating landing at airports with civilian aviation operations.

Article 8. Use of Information and Signals

Intercepting, escorting, and forcing aircraft shall use radio signals or actions requesting the violating aircraft to comply with the instructions specified in the Appendix attached to this Decree.

Section 3

HANDLING OF AIRCRAFT VIOLATING VIETNAMESE AIRSPACE AND FORCED LANDING AT CIVIL AIRPORTS

Article 9. Handling of aircraft violating Vietnamese airspace not complying with orders to land issued by intercepting, escorting, or forcing aircraft

When the violating aircraft does not comply with orders to land at the designated airport issued by the intercepting, escorting, or forcing aircraft, posing a risk to important targets or affecting national defense and security, handling shall be carried out according to the regulations for dealing with air defense combat situations as stipulated by the Ministry of National Defense.

Article 10. Forces Implementing Interception, Escorting, and Forcing Violating Aircraft to Land at Civil Airports

1. Aircraft and forces on combat duty from units under the Ministry of National Defense, coordinated with the management of civil aviation flight operations.

2. Based on specific circumstances involving each type of violating aircraft and the area violated, the competent authority shall decide to use forces on combat duty in the appropriate area to implement interception, escorting, and forcing violating aircraft to land.

Article 11. Authority to issue orders for intercepting, accompanying, and forcing aircraft violating airspace to land at airports

1. The Minister of National Defense issues orders to carry out interception, accompaniment, and force landing of aircraft violating Vietnamese airspace at airports.

2. The Minister of National Defense reports directly to the Prime Minister to decide on interception, accompaniment, and force landing of special aircraft violating Vietnamese airspace at airports.

Article 12. Procedures for handling aircraft violating Vietnamese airspace

1. Airspace management agencies and air traffic control agencies under the Air Defense-Air Force Corps, when discovering or receiving information about aircraft violating Vietnamese airspace

a) Timely report to their own commanders, superior command posts, and notify civil aviation air traffic control units and relevant agencies and units;

b) When there is an order from the Minister of National Defense, the Air Force implements interception, accompaniment, and force landing of aircraft violating Vietnamese airspace at airports as stipulated in Articles 6 and 7 of this Decree;

c) In cases where information about aircraft violating Vietnamese airspace is received from the Navy Corps, Military Regions, or civil aviation air traffic control facilities, verification of the information must be conducted before proceeding with the handling procedures as specified in points a and b of this clause.

2. Civil aviation air traffic control facility at airports where aircraft violating airspace have landed

In cases where interception, accompaniment, and force landing of aircraft violating Vietnamese airspace at designated airports are carried out, the civil aviation air traffic control facility shall perform the following tasks:

a) Coordinate and cooperate with related military units during the process of intercepting, accompanying, and forcing aircraft violating airspace to land at airports;

b) Establish communication with the command unit responsible for interception, accompaniment, and force landing; continue maintaining two-way communication with the intercepted, accompanied, and forced aircraft and provide it with known information related to the violating aircraft;

c) Notify the adjacent air traffic control facility if the violating aircraft enters its area of responsibility;

d) After the violating aircraft safely lands at the designated airport, the air traffic control facility guides the aircraft to park at the designated position.

Article 13. Forces handling aircraft violating airspace and forced to land

1. Forces under the Ministry of National Defense.

2. Coordinating forces under the Ministry of Transport, Ministry of Public Security, and other relevant ministries and sectors.

3. Forces under the Provincial Counter-Terrorism Steering Committee.

Article 14. Coordination and cooperation among forces participating in handling aircraft violating airspace that are intercepted, accompanied, and forced to land at airports

1. Principles of coordination and cooperation

a) Adhere to Vietnamese laws and international treaties to which Vietnam is a member;

b) Be consistent with Vietnam's foreign policy;

c) Be proactive, positive, and appropriate to each violation;

d) Carry out duties according to assigned functions and responsibilities;

đ) Exchange information between forces during the handling of violating aircraft in a timely and effective manner.

2. Content of coordination and cooperation

a) Command and control coordination in handling aircraft violating airspace that are intercepted, accompanied, and forced to land, led by the Air Defense-Air Force Corps coordinating with civil aviation agencies in managing intercepted, accompanied, and forced aircraft violating Vietnamese airspace;

b) Handling of aircraft violating airspace after landing at airports

The Provincial Counter-Terrorism Steering Committee with airports leads and directs related forces to coordinate and implement handling of violating aircraft that have landed according to approved plans and schemes;

The Civil Aviation Administration of Vietnam leads and coordinates with military forces, public security, local authorities, state management agencies, and enterprises operating at airports to handle violating aircraft that have landed at airports;

Air Force units stationed at designated military airports that intercept, accompany, and force violating aircraft to land shall closely coordinate and cooperate with public security forces, local authorities, and relevant functional agencies and units in handling the situation when violating aircraft land.

Chapter III

RESPONSIBILITIES OF CENTRAL MINISTRIES AND SECTORS AND RELATED ORGANIZATIONS AND INDIVIDUALS

Article 15. Ministry of National Defense

1. Lead the organization of interception, accompaniment, and force landing of aircraft violating Vietnamese airspace at airports.

2. Lead and coordinate with the Ministry of Transport and central ministries, sectors, People's Committees of provinces and centrally-administered cities with airports to deploy forces to organize interception, accompaniment, and force landing of aircraft violating Vietnamese airspace at airports.

3. Direct agencies and units to develop plans and enhance training for interception, accompaniment, and force landing scenarios of aircraft violating Vietnamese airspace suitable to the nature of the mission and types of aircraft currently being operated.

Article 16. Ministry of Transport

1. Construct, train, instruct, and equip necessary technical means and equipment for functional forces under its management.

2. Direct the development of plans for the deployment, mobilization of forces, resources, and specific operations of forces under its management.

3. Take the lead and coordinate with relevant agencies and ministries in international cooperation to handle situations involving foreign aircraft violating Vietnam's airspace that are intercepted, escorted, or forced to land at airports.

4. Delegate the Civil Aviation Administration of Vietnam to propose contents and organize national-level drills according to the directives of the National Civil Aviation Security Committee on handling situations where aircraft violating Vietnam's airspace are intercepted, escorted, or forced to land at airports.

Article 17. Ministry of Public Security

1. Take the lead and coordinate with the Ministry of Transport and the Ministry of National Defense to manage and organize security measures for aviation when aircraft violating the law land at airports.

2. Direct public security agencies to cooperate with units from relevant agencies and local authorities in implementing measures to deal with violative aircraft and persons on board after such aircraft have landed at airports.

Article 18. Ministry of Finance

1. Direct customs units at international airports to take the lead in inspecting and controlling exported, imported, and transiting goods; luggage of outbound, inbound, and transiting passengers according to the law when aircraft violating Vietnam's airspace land at airports.

2. Direct customs units at international airports to cooperate with civil aviation security forces and anti-terrorism functional forces throughout the investigation and verification process according to the law regarding dangerous items specified in Point d Clause 5 Article 3 of this Decree.

Article 19. Ministry of Foreign Affairs

Coordinate with the Ministry of Transport and relevant agencies to implement international cooperation in handling foreign aircraft violating Vietnam's airspace that are intercepted, escorted, or forced to land at airports according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 20. People's Committees of provinces and centrally governed cities with airports

1. Provincial Counter-Terrorism Steering Committee shall cooperate with forces from units under the Ministry of National Defense and related agencies to handle violative aircraft forced to land at airports within their jurisdiction.

2. Develop plans and procedures for handling violative aircraft violating Vietnam's airspace that are forced to land at airports according to the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Decree takes effect from December 9, 2024.

Article 22. Responsibility for enforcement

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities involved in intercepting, escorting, and forcing violative aircraft to land at airports; heads of related agencies, organizations, and individuals are responsible for enforcing this Decree.