Decree No. 101/2025/NĐ-CP amends and supplements some articles of Decree No. 32/2016/NĐ-CP dated May 6, 2016 of the Government on the management of aviation obstacle height and areas for managing and protecting airspace in Vietnam, and Decree No. 42/2016/NĐ-CP dated May 15, 2016 of the Government on conditions, procedures, and steps to open and close dedicated airports.

DECREE

Amending and supplementing some articles of Decree No. 32/2016/NĐ-CPdated May 6, 2016 of the Government on the management of aviation obstruction height and control zones,airspace protection areas in Vietnam and Decree No. 42/2016/NĐ-CPdated May 15, 2016 of the Government on conditions, procedures, and formalities for opening and closing dedicated airportsThe Government approved on February 18, 2025;The Government promulgates this Decree to amend and supplement some articles of Decree No. 32/2016/NĐ-CP dated May 6, 2016 of the Government on the management of aviation obstruction height and control zones, airspace protection areas in Vietnam and Decree No. 42/2016/NĐ-CP dated May 15, 2016 of the Government on conditions, procedures, and formalities for opening and closing dedicated airports. 

Pursuant toLaw Article 1. Amending and supplementing some articles of Decree No. 32/2016/NĐ-CP dated May 6, 2016 of the Government on the management of aviation obstruction height and control zones, airspace protection areas in Vietnam

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;"

"2. The construction permit issuing authority or the project investor/project owner shall prepare one set of documents in accordance with Clause 1 of this Article and submit them to the Operations Directorate, General Staff Department via direct submission, postal service, or online through the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of online submission, electronic copies or scanned copies of the documents specified in Clause 1 of this Article shall be sent."

2. Amending and supplementing Clause 1, Clause 2, and Clause 3 of Article 11 as follows:

1. Amend and supplement Clause 2 of Article 10 as follows:

"1. From the date of receiving complete and valid documents, the Operations Directorate, General Staff Department shall have the responsibility to examine, review, and issue an approval or non-approval document electronically to the organization or individual requesting approval of the building height; if the organization or individual requests to receive the result via email, it shall be sent via email to the organization or individual; at the same time, send a document to the local construction permit issuing authority, Civil Aviation Administration of Vietnam, Vietnam Air Traffic Management Corporation, Regional Civil Aviation Authority, and other relevant agencies and units within the following deadlines:

a) Ten (10) working days, for projects constructing residential buildings, urban areas, high-rise residential areas, industrial infrastructure systems, lighting pole systems in the approach area of airports and projects specified in Clauses 1 and 2 of Article 9 of this Decree;

b) Fifteen (15) working days, for projects constructing economic zones, special zones, high-tech industrial parks;

c) Twenty (20) working days, for cable car projects, high-voltage power transmission lines under 100 kilometers long, radio wave transmission and reception station systems from 10 to 50 stations;

d) Thirty (30) working days, for high-voltage power transmission lines over 100 kilometers long, radio wave transmission and reception station systems over 50 stations.

2. In case the documents are not valid, within seven (07) working days from the date of receipt of the documents, the Operations Directorate, General Staff Department shall issue an electronic document requesting the organization or individual requesting approval of the building height to supplement and complete the documents in accordance with regulations.

3. In case of disapproval of the building height, within seven (07) working days, the Operations Directorate, General Staff Department shall issue an electronic document providing reasons for the disapproval."

3. Amending and supplementing Article 13 as follows:

"Article 13. Responsibilities of the Ministry of Construction

1. To take the lead and coordinate with the Ministry of National Defense, provincial People's Committees, and relevant agencies and units:

a) To develop the overall master plan for the development of the national civil airport system to be submitted to the Prime Minister for approval, except military airports and dedicated airports;

b) To unify the management of architectural space, urban landscape, and construction planning to ensure the safe operation of airports and control zones, airspace protection areas in Vietnam.

2. To take the lead and coordinate with the Ministry of National Defense to publicly announce aviation obstruction surface limits, building heights related to aviation obstruction surface limits in areas with civilian air traffic operations; areas ensuring normal operation of radio navigation stations; aviation obstruction surfaces near civil airports; to compile, mark, and publicly announce the list of natural and artificial obstacles that may affect flight safety.

3. To coordinate with the Ministry of National Defense, ministries, sectors, and provincial People's Committees to manage aviation obstruction surfaces, prevent and handle violations affecting civilian air traffic operations; to disseminate information to relevant agencies, organizations, and communities near airports to maintain and manage aviation obstruction surfaces, ensuring safety for all flight activities.

4. To guide provincial People's Committees to develop general planning schemes for urban areas, high-rise residential areas, industrial infrastructure systems, economic zones, special zones, and high-tech parks after reaching consensus with the General Staff Department to serve as the basis for construction permits.

5. To organize surveys, draw obstacle maps, update, and publish information about obstacles in areas with civilian air traffic operations; to direct competent authorities to cooperate with functional agencies of the Ministry of National Defense and provincial People's Committees in managing aviation obstruction surfaces.

6. To direct the Civil Aviation Administration of Vietnam to cooperate with relevant agencies and units to manage aviation obstruction surface limits at civil airports and radio navigation stations."

4. Replacing and abolishing some terms, phrases, points, clauses, articles, and appendices of Decree No. 32/2016/NĐ-CP.

a) Replacing the phrase "Ministry of Transport" with "Ministry of Construction" in point c of Clause 3 of Article 4, Clause 2, Clause 6 of Article 12; Item 1 of Appendix II issued together with Decree No. 32/2016/NĐ-CP;

b) Replacing Model No. 02ĐNCTĐC (for individuals) in Appendix VI issued together with Decree No. 32/2016/NĐ-CP with Model No. 09 of the Appendix issued together with this Decree;

a) Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Point c Clause 3 Article 4, Clause 2, Clause 6 Article 12; Section 1 Appendix II issued together with Decree No. 32/2016/NĐ-CP;

b) Replace Form No. 02DNCDDC (for individuals) in Appendix VI issued together with Decree No. 32/2016/NĐ-CP with Form No. 09 Appendix issued together with this Decree;

c) Delete the phrase “Ministry of Transport” in Clause 1 Article 12, Clause 1 and Clause 2 Article 15;

d) Delete Article 14.

Article 2. Amend and supplement some articles of Decree No. 42/2016/NĐ-CP dated May 15, 2016 of the Government on conditions, procedures for opening and closing dedicated airports

1. Amend and supplement Clause 2 Article 6 as follows:

"2. The Chief of General Staff decides to approve the detailed design of construction of dedicated airports."

2. Amend and supplement Clause 1 Article 10 as follows:

"1. Conditions for opening dedicated airports:

a) To serve the national defense strategy, economic and social development;

b) In compliance with relevant laws on airspace management, land management, environmental protection, water resources, inland water areas, sea surface, air space management, restricted flight zones, prohibited flight zones;

c) The owner of the airport has been issued an Airport Use Certificate and an Airport Operation Registration Certificate for the proposed airport serving regular commercial aviation activities."

3. Amending and supplementing Article 11 as follows:

"Article 11. Procedures for opening dedicated airports on land and water surfaces

1. The application dossier includes:

a) An application form for opening dedicated airports on land and water surfaces according to Model No. 01 attached to this Decree;

b) A general layout plan of the airport and a detailed layout plan of the runway area, clearly showing the construction level, reference points of the airport, basic dimensions and orientation of runways, taxiways, aircraft parking areas, and other infrastructure facilities; boundaries of the construction land;

c) A description of the management, operation, air security and safety assurance, environmental protection, water resource protection, flight organization, and flight coordination plans.

2. Procedures for handling applications:

a) Organizations and individuals applying to open dedicated airports on land and water surfaces submit one set of application dossier as prescribed in Clause 1 of this Article, directly or through postal services or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting the application dossier online, electronic copies or scanned copies of the application dossier components as prescribed in Clause 1 of this Article shall be submitted;

b) Within ten (10) working days from the date of receiving a complete and valid application dossier as prescribed in Clause 1 of this Article, the Operations Directorate, General Staff Department shall be responsible for reviewing, inspecting, and reporting to the General Staff Department for unified opinions from the Ministry of Construction and the People's Committee of the province where the dedicated airport on land and water surfaces is located;

If the application dossier is not valid, within five (05) working days from the date of receipt of the dossier, the Operations Directorate, General Staff Department shall issue an electronic document requesting organizations and individuals applying to open dedicated airports on land and water surfaces to complete the dossier in accordance with regulations;

c) Within seven (07) working days from the date of receipt of the request document from the General Staff Department, the Ministry of Construction and the People's Committee of the province shall issue a reply document to the General Staff Department;

d) Within ten (10) working days from the date of receipt of the unified opinion document from the Ministry of Construction and the People's Committee of the province, the General Staff Department shall issue a decision to open the dedicated airport on land and water surfaces;

In case of non-approval, the General Staff Department shall issue an electronic document stating the reasons;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

4. Amend and supplement Clause 2 Article 12 as follows:

"2. Procedures for handling:

a) The owner of the dedicated airport on land and water surfaces submits one set of application dossier as prescribed in Clause 1 of this Article, directly or through postal services or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting the application dossier online, electronic copies or scanned copies of the application dossier components as prescribed in Clause 1 of this Article shall be submitted;

b) If the application dossier is not valid, within five (05) working days from the date of receipt of the dossier, the Operations Directorate, General Staff Department shall issue an electronic document requesting the owner of the airport to complete the dossier in accordance with regulations;

c) Within seven (07) working days from the date of receipt of a complete and valid dossier, the General Staff Department shall issue a decision to close the dedicated airport on land and water surfaces after obtaining a unified opinion from the Ministry of Construction and sending an electronic document to the owner of the airport, related agencies, organizations, and individuals;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

5. Amend and supplement Article 13 as follows:

"Article 13. Procedures and formalities for opening ground, water, or artificial structure landing areas

1. The application dossier includes:

a) A request form to open a landing area according to Model No. 03 attached as an appendix under this Decree;

b) Plan views of the location of the landing area; overall plan view of the land plot and artificial structures; detailed plan view of the landing area showing clearly the construction level, reference points, basic dimensions of the landing area; location of the landing area on artificial structures; primary takeoff and landing directions; for ground and water landing areas, a sketch of the boundary of the land plot and water area.

2. Procedures and formalities for handling:

a) Organizations and individuals requesting to open a landing area shall submit one set of documents as prescribed in Clause 1 of this Article directly, through postal service, or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting documents online, electronic copies or electronic scanned copies of the documents prescribed in Clause 1 of this Article shall be sent;

b) Within ten (10) working days from the date of receiving complete valid documents as prescribed in Clause 1 of this Article, the Operations Department of the General Staff shall be responsible for reviewing and inspecting. If there is an impact on civil aviation activities or related to regional planning, the Operations Department shall report to the General Staff for a unified document from the Ministry of Construction and the People's Committee of the province where the landing area is opened;

In case the documents are not valid, within five (05) working days from the date of receipt of the documents, the Operations Department of the General Staff shall issue an electronic document requesting organizations and individuals to complete the documents in accordance with regulations;

c) Within seven (07) working days from the date of receipt of the request document from the General Staff, the Ministry of Construction and the People's Committee of the province shall issue a reply document to the General Staff;

d) Within ten (10) working days from the date of receipt of the unified document from the Ministry of Construction and the People's Committee of the province, the General Staff shall issue a decision to open the landing area;

In case of non-approval, the General Staff Department shall issue an electronic document stating the reasons;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

6. Amend and supplement Clause 2 of Article 14 as follows:

"2. Procedures for handling:

a) The owner of the landing area shall submit one set of documents as prescribed in Clause 1 of this Article directly, through postal service, or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting documents online, electronic copies or electronic scanned copies of the documents prescribed in Clause 1 of this Article shall be sent;

b) In case the documents are not valid, within five (05) working days from the date of receipt of the documents, the Operations Department of the General Staff shall issue an electronic document requesting the owner of the landing area to complete the documents in accordance with regulations;

c) Within seven (07) working days from the date of receipt of complete valid documents, the General Staff shall issue a decision to close the landing area after obtaining a unified document from the Ministry of Construction and sending an electronic document to the owner of the landing area and relevant agencies, organizations, and individuals;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

7. Amend and supplement Clause 1, Clause 2 of Article 15 as follows:

"1. The application package includes:

a) A request form to open a landing area according to Model No. 05 of the appendix issued under this Decree;

b) Cross-sectional and longitudinal drawings showing the height of systems and equipment on the deck, deck dimensions, and the size of the deck and landing area on the deck and adjacent parts.

2. Procedures and formalities for handling:

a) Agencies, organizations, and individuals requesting to open a landing area on the deck shall submit one set of documents as prescribed in Clause 1 of this Article directly, through postal service, or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting documents online, electronic copies or electronic scanned copies of the documents prescribed in Clause 1 of this Article shall be sent;

b) Within ten (10) working days from the date of receiving complete valid documents as prescribed in Clause 1 of this Article, the Operations Department of the General Staff shall be responsible for reviewing and inspecting and reporting to the General Staff for a unified document from the Ministry of Construction and the People's Committee of the province where the landing area is opened;

In case the documents are not valid, within five (05) working days from the date of receipt of the documents, the Operations Department of the General Staff shall issue an electronic document requesting organizations and individuals to complete the documents in accordance with regulations;

c) Within seven (07) working days from the date of receipt of the request document from the General Staff, the Ministry of Construction and the People's Committee of the province shall issue a reply document to the General Staff;

d) Within ten (10) working days from the date of receipt of the unified document from the Ministry of Construction and the People's Committee of the province, the General Staff shall issue a decision to open the landing area and send an electronic document to the ship owner and relevant agencies, organizations, and individuals;

In case of non-approval, the General Staff Department shall issue an electronic document stating the reasons;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

8. Amend and supplement Clause 2, Article 16 as follows:

"2. Procedures for handling:

a) The owner of the landing area shall submit one set of documents as prescribed in Clause 1 of this Article directly, through postal service, or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting documents online, electronic copies or electronic scanned copies of the documents prescribed in Clause 1 of this Article shall be sent;

b) In case the documents are not valid, within five (05) working days from the date of receipt of the documents, the Operations Department of the General Staff shall issue an electronic document requesting the owner of the landing area to complete the documents in accordance with regulations;

c) Within seven (07) working days from the date of receipt of complete valid documents, the General Staff shall issue a decision to close the landing area after obtaining a unified document from the Ministry of Construction and sending an electronic document to the ship owner and relevant agencies, organizations, and individuals;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

9. Amend and supplement Clause 2 of Article 17 as follows:

"2. Procedures for handling:

a) The owner of the dedicated airport shall submit one set of documents as prescribed in Clause 1 of this Article directly, through postal service, or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of submitting documents online, electronic copies or electronic scanned copies of the documents prescribed in Clause 1 of this Article shall be sent;

b) In case the documents are not valid, within five (05) working days from the date of receipt of the documents, the Operations Department of the General Staff shall issue an electronic document requesting the owner of the dedicated airport to complete the documents in accordance with regulations;

c) Within seven (07) working days from the date of receipt of complete valid documents, the General Staff shall issue a decision to temporarily close the dedicated airport after obtaining a unified document from the Ministry of Construction and sending an electronic document to the airport owner and relevant agencies, organizations, and individuals;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

10. Amend and supplement Clause 2 of Article 18 as follows:

"2. Procedures for handling:

a) Organizations and individuals proposing to reopen a dedicated airport shall submit one set of documents in accordance with Clause 1 of this Article, to the Operations Directorate, General Staff Department through direct submission, postal service, or online via the National Public Service Portal or the Ministry of National Defense's Administrative Procedure Information System. In case of online submission, electronic copies or digital copies of the components of the documents specified in Clause 1 of this Article shall be submitted;

b) Within ten (10) working days from the date of receiving a complete and valid application dossier as prescribed in Clause 1 of this Article, the Operations Directorate, General Staff Department shall be responsible for reviewing, inspecting, and reporting to the General Staff Department for unified opinions from the Ministry of Construction and the People's Committee of the province where the dedicated airport on land and water surfaces is located;

If the documents are not in compliance, within five (05) working days from the date of receipt of the documents, the Operations Directorate, General Staff Department shall issue an electronic document requesting organizations and individuals proposing to reopen the dedicated airport to complete the documents in accordance with the regulations;

c) Within seven (07) working days from the date of receipt of the request document from the General Staff, the Ministry of Construction and the People's Committee of the province shall issue a reply document to the General Staff;

d) Within ten (10) working days from the date of receiving the unified document of the Ministry of Construction, the People's Committee of the province, and the General Staff Department shall issue a decision to approve the reopening of the dedicated airport;

In case of disapproval, the General Staff Department shall issue an electronic document providing the reasons;

In case the organization or individual applying for the result receives it via email, it shall be sent via email to the organization or individual."

11. Replace and abolish certain terms, phrases, titles of articles, and forms at points, clauses, articles, and appendices of Decree No. 42/2016/NĐ-CP.

a) Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 5 of Article 4, Clause 3 of Article 6, Clause 3 of Article 12, Clause 3 of Article 14, Clause 3 of Article 16, Clause 1 of Article 20, and the title of Article 21;

b) Replace Forms No. 01 to No. 08 attached to Decree No. 42/2016/NĐ-CP with Forms No. 01 to No. 08 attached to this Decree;

c) Abolish the phrase "and unify with the Ministry of Transport" in Clause 1 of Article 6.

Article 3. Transitional Provisions

1. For applications for approval of construction project heights submitted to the Operations Directorate, General Staff Department before the effective date of this Decree, the processing shall be carried out in accordance with the provisions of Decree No. 32/2016/NĐ-CP dated May 6, 2016 of the Government on the management of aviation obstruction height and airspace control and protection areas in Vietnam.

2. For applications for opening, reopening, closing, temporarily closing dedicated airports, and opening, closing landing and take-off sites submitted to the Operations Directorate, General Staff Department before the effective date of this Decree, the processing shall be carried out in accordance with the provisions of Decree No. 42/2016/NĐ-CP dated May 15, 2016 of the Government on conditions, procedures, and formalities for opening and closing dedicated airports.

Article 4. Effective date

This Decree takes effect from June 23, 2025.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and relevant Vietnamese agencies, organizations, and individuals, as well as foreign organizations and individuals, are responsible for implementing this Decree./.