Date: 201402
Local time of day: 0001-0600
Location: ZJSA.ARTCC, FO
Flight conditions: VMC
Light: Night
Aircraft: A300
Operator: Air Carrier
Operating under: Part 121
Flight phase: Cruise
ATC / advisory: Center ZJSA
Reporter organization: Air Carrier
Reporter function: Pilot Flying; Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Situational Awareness; Time Pressure
Second reporter function: Pilot Not Flying; First Officer
Anomaly: ATC Issue All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
Detector: Person Air Traffic Control; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Aircraft; Procedure
Primary problem: Ambiguous

Narrative: Approaching EXOTO; the limit of Sanya airspace; Sanya ATC instructed us; to climb from FL280 to FL310. This aircraft is restricted to FL280 in this airspace and the follow on airspace VVTS (Ho Chi Minh) due to FAA certification requirements. I instructed the First Officer to tell the Controller that we were restricted to FL280 or below which he did. The Sanya Controller responded with increased emphasis in his voice; 'traffic; climb now to FL310.' A second Controller; I assume the Supervisor; echoed the first Controllers call for a climb. Fearing a possible collision or TCAS incident; I climbed to FL 310. After switching to VVTS at EXOTO; we requested and received clearance to descend back to FL280. [This is] a conflict between safety and regulations. We need to get this limitation removed. The ATC controllers in this area do not understand or care about our limitation which is causing confusion. With more discussion; I might have been able to convince the Sanya Controller to descend rather than climb but taking that time may have caused a degradation in separation between us and the opposing traffic. After ensuring the traffic was clear we descend back to FL280. Let's get on the ball and get this burdensome and unnecessary limitation which is causing confusion with our ATC controllers lifted.


Second narrative: We were approaching EXOTO; which is the FIR to Ho Chi Minh airspace; FL280. Sanyo ATC instructed us to climb to FL310. We notified ATC that we were not ADS-B compliant. Sanya ATC then instructed us to 'climb now' to FL310. Both the Captain and I noticed a change in the tone of the Controller to a more strained voice. At this point; assuming that a possible conflict/collision was possible; we climbed to FL310. (Note that with the difficulties of accents and the fact that English is their (ATC's) secondary language; a discussion was not possible at this point.) In the English speaking ATC world; we would have asked for a lower altitude. Shortly thereafter; we were switched to Ho Chi Minh ATC and conveyed to the Controller that we were not ADS-B compliant; and requested FL280. That request was granted; and we descended to FL280.


Synopsis: A300 flight crew reports being cleared to FL310 by Sanyo ATC to avoid traffic. When the crew advises ATC that they cannot climb to FL310 due to ADS-B non compliance; the clearance is reiterated in an urgent voice. The crew complies.