Regulations on interceptive flight, accompanying flight violating Vietnamese airspace

Anh Hao

18:01, 26/10/2024

Below is the content of regulations on interceptive flight, accompanying flight violating Vietnamese airspace effective from December 9, 2024.

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Regulations on interceptive flight, accompanying flight violating Vietnamese airspace (Image from the internet)

On October 24, 2024, the Government of Vietnam promulgated Decree 139/2024/ND-CP, regulating the manner of interceptive flight, accompanying, and compelling aircraft violating Vietnamese airspace to land at airports.

Regulations on interceptive flight, accompanying aircraft violating Vietnamese airspace

Specifically, Decree 139/2024/ND-CP applies to Vietnamese and foreign organizations, individuals engaging in civil aviation activities in Vietnamese airspace; authorities, and units managing airport operations in Vietnam.

Under Article 6 of Decree 139/2024/ND-CP, the manner of interceptive flight and accompanying aircraft violating Vietnamese airspace is stipulated as follows:

Aircraft interceptive flight, accompanying an aircraft violating Vietnamese airspace shall execute in the following method:

(1) The interceptive flight, accompanying aircraft approaches the violating aircraft from the rear left or right, suitable for maneuvering and observation conditions; subsequently, setting appropriate speed and distance to ensure safety, transmitting signals and actions; simultaneously ensuring the pilot (crew) of the violating aircraft can receive the signals and actions from the interceptive flight, accompanying aircraft.

(2) After the violating aircraft receives the necessary information and ceases the violation, the interceptive flight, accompanying aircraft disengages from the area.

Regulations on compelling aircraft violating Vietnamese airspace to land at an airport

Article 7 of Decree 139/2024/ND-CP stipulates the method for compelling aircraft violating Vietnamese airspace to land at an airport, as follows:

(1) The compelling aircraft approaches the violating aircraft in Vietnamese airspace, following the method below:

- The compelling aircraft approaches the violating aircraft from the rear left or right, suitable for maneuvering and observation conditions; then sets appropriate speed and distance to ensure safety, transmitting signals and actions; simultaneously ensures the pilot (crew) of the violating aircraft can receive signals and actions requesting it to land at the designated airport;

- After the violating aircraft safely lands at the designated airport, the compelling aircraft disengages from the area or lands according to military flight command orders.

(2) Conditions for the designated airport

The airport must meet the technical conditions to ensure the type of violating aircraft can land; the airport site's terrain should be suitable for circling, approaching the airport area for landing; the violating aircraft must have sufficient fuel to reach the designated airport. Priority should be given to land at an airport with civil aviation activities.

- Aircraft violating Vietnamese airspace refers to aircraft entering Vietnamese airspace without authorization from competent Vietnamese authorities.

- Aircraft violating flight permits refers to aircraft that have been granted flight permits but violate the permit details while flying in Vietnamese airspace (violating no-fly zones, restricted flying areas, flight rules; flying not in accordance with the time, altitude, area data specified in the permit).

- Aircraft violating flight rules refers to aircraft not complying with one of the following rules: General Flight Rules and Visual Flight Rules, or Instrument Flight Rules and regulations of the Flight Rules about flying, management, and operations within Vietnamese airspace.

(clauses 1, 2, and 3 of Article 3 in Decree 139/2024/ND-CP)

More details can be found in Decree 139/2024/ND-CP, which comes into force in Vietnam from December 9, 2024.

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- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
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