Decree No. 125/2015/NĐ-CP detailing the management of flight activities

DECREE

Detailed regulations on air traffic management

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

At the proposal of the Minister of Transport,

The Government promulgates this Decree providing detailed regulations on air traffic management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on airspace organization and use; flight permit issuance; coordination in civil and military air traffic management; air traffic management at airports and special air traffic management activities in Vietnam.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals related to air traffic management in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Runway safety program means measures aimed at ensuring absolute safety in the operation and use of runways, taxiways, and aprons to reduce the number and severity of runway incursions, runway excursion, wrong runway usage, and other incidents on the surface of the airport movement area.

2. Airport control tower means a facility established for controlling activities in the aircraft movement area at the airport and air traffic within the airport's airspace.

3. Air route serving general aviation operations means an area or part of an area with defined altitude, width, and established as a corridor where full or partial air traffic services are provided for general aviation operations, outside the area serving general aviation operations.

4. Domestic air route means an air route entirely within Vietnamese airspace.

5. International air route means an air route within the international air route network of the Asia-Pacific region, having at least one point outside Vietnam’s Flight Information Region and another point within Vietnamese airspace or within the portion of the international Flight Information Region over the sea managed by Vietnam.

6. Alternate airport means an airport that an aircraft can land at when it cannot or should not land at the intended destination airport, including:

a) Takeoff alternate airport means an airport where an aircraft can land immediately after takeoff if necessary and cannot use the departure airport;

b) En-route alternate airport means an airport where an aircraft can land after encountering an emergency or abnormal situation during long-haul flights;

c) Destination alternate airport means an airport where an aircraft can land when it cannot or should not land at the intended destination airport.

7. Flexible airspace utilization means the process of coordinating between civil and military air traffic management agencies in managing strategic airspace, pre-use airspace management, and airspace utilization to enhance airspace throughput capacity and operational efficiency.

8. National Air Traffic Management Center means an air traffic management agency under the Air Defense - Air Force Corps responsible for consolidating national air traffic activities, organizing forecasts, notifications, directing, and managing air traffic activities; coordinating agreements, notifications, and adjustments of air traffic activity plans within Vietnamese airspace.

9. Regional Air Traffic Management Center means an air traffic management agency of the Air Defense - Air Force Corps responsible for consolidating regional air traffic activities, organizing forecasts, notifications, directing, and managing air traffic activities; coordinating agreements, notifications, and adjustments of air traffic activity plans within the area of responsibility.

10. Area Control Center means a facility established to perform the task of controlling flights under radar surveillance within the area of responsibility.

11. Air Traffic Flow Management Unit means a facility established to manage daily air traffic activities within the area of responsibility; coordinate with relevant air traffic management agencies to ensure safety, regulation, and efficiency of air traffic activities; adjust air traffic activities to ensure safe and smooth air traffic flow by maximizing air traffic management capacity suitable for the traffic volume in each specific area and published air traffic management capacity.

12. Airspace for general aviation operations includes the airspace, air routes serving general aviation operations; air routes and airport airspace.

13. Controlled airspace means airspace with defined boundaries designated alphabetically as A, B, C, D, E, F, and G, wherein air traffic services and flight rules are specified for specific types of flights, including:

a) Class A controlled airspace means airspace permitting only instrument flight rules (IFR) flights; such flights are provided with air traffic control service and separated from each other;

b) Class B controlled airspace means airspace permitting IFR and visual flight rules (VFR) flights; such flights are provided with air traffic control service and separated from each other;

c) Class C controlled airspace means airspace permitting IFR and VFR flights; such flights are provided with air traffic control service; IFR flights are separated from other IFR flights and VFR flights; VFR flights are separated from IFR flights and notified about other VFR flights;

d) Class D controlled airspace means airspace permitting IFR and VFR flights; such flights are provided with air traffic control service; IFR flights are separated from other IFR flights and notified about VFR flights; VFR flights are notified about other flights;

đ) Class E controlled airspace means airspace permitting IFR and VFR flights; IFR flights are provided with air traffic control service and separated from other IFR flights; flights are notified about other flights based on actual conditions; Class E controlled airspace shall not be used as controlled airspace.

e) Class F airspace is airspace that allows the execution of IFR flights and VFR flights; IFR flights are provided with air traffic advisory services; flight notification services are provided if requested.

g) Class G airspace is airspace that allows the execution of IFR flights and VFR flights; flight notification services are provided if requested.

Chapter II

ORGANIZATION AND USE OF AIRSPACE

Article 4. Airspace organization for flight activities

1. The organization of Vietnamese airspace serving civil aviation activities includes:

a) Civil airport airspace, joint-use airport airspace;

b) Air routes;

c) Airspaces and airways serving general aviation activities;

d) Fuel dumping areas, cargo release areas for civil aircraft;

đ) International flight information regions managed by Vietnam;

e) Areas of responsibility for air traffic management and control.

2. The organization of airspace serving other activities includes:

a) Military airport airspace, military airfields, military air routes;

b) Prohibited airspace;

c) Restricted airspace;

d) Hazardous airspace;

đ) Combat readiness areas of Air Corps Divisions.

Article 5. Air Routes

1. Air routes include international air routes and domestic air routes, established based on:

a) International air traffic needs;

b) Domestic flight activity requirements;

c) Requirements and capabilities to provide flight support services, aviation security, and safety;

d) Requirements and capabilities to manage and protect airspace; ensuring national defense and security;

đ) Compatibility with the development plan for the Vietnamese civil aviation industry and the regional air navigation plan of the International Civil Aviation Organization (ICAO).

2. Domestic air routes are designated with letters H, J, Q, T, V, Y, Z, W and numbered sequentially using Arabic numerals.

3. International air routes are designated with letters A, B, G, L, M, N, P, R and numbered sequentially using Arabic numerals.

Article 6. Establishment, adjustment, cancellation, and announcement of air routes

1. The Ministry of Transport takes the lead and coordinates with the Ministry of National Defense to develop plans for establishing and canceling air routes; proposes to the International Civil Aviation Organization (ICAO) to amend the regional air navigation plan for international air routes.

2. Based on the plan specified in Clause 1 of this Article, the Ministry of National Defense leads the submission.

3. The Ministry of Transport determines and adjusts detailed parameters of established air routes based on the consensus opinion of the Ministry of National Defense.

4. The Civil Aviation Administration of Vietnam announces the detailed parameters of established and adjusted air routes and the cancellation of air routes in the Vietnam Aeronautical Information Publication (AIP).

Article 7. Principles for the use of air routes

1. International air routes are used for international flights and domestic flights. Domestic air routes are used for domestic flights.

2. The Ministry of Transport decides to regularly use domestic air routes for international flights when necessary, after obtaining the unified opinion of the Ministry of National Defense and immediately notifying the Ministry of Public Security.

3. The flight permit authority stipulated in Clauses 1, 2, and 3 of Article 14 of this Decree permits international flights to use domestic air routes based on the unified opinion of the Operations Directorate and the Civil Aviation Administration of Vietnam.

Article 8. Airspace of the airport

1. The airspace of the airport is determined for one or more airports; it is established based on the following factors:

a) Ensuring safety for flight activities within and around the airport area;

b) Requirements for takeoff and landing of aircraft types in operation;

c) Methods, equipment, information, navigation, surveillance systems;

d) Suitability with the characteristics of each airport.

2. The boundaries of the airport airspace are defined in the Airport Area Flight Regulations.

Article 9. Establishment, adjustment, cancellation, and announcement of no-fly zones and restricted zones

1. The Ministry of National Defense coordinates with the Ministry of Transport to establish, adjust, and cancel no-fly zones and restricted zones for the purpose of ensuring national defense, security, and social safety; then submit for approval.

2. In cases of temporary decisions to prohibit or restrict flights, the General Staff immediately informs the Air Defense-Air Force Corps, the Civil Aviation Administration of Vietnam, and the Air Traffic Flow Management Center; these decisions take effect immediately. The Air Traffic Flow Management Center promptly informs relevant agencies and units to coordinate implementation; the Air Traffic Information Bulletin Center issues appropriate NOTAMs regarding established, canceled no-fly zones, and restricted zones.

3. The Civil Aviation Administration of Vietnam notifies the International Civil Aviation Organization (ICAO), relevant agencies and units, and publishes in the Vietnamese Aeronautical Information Publication (AIP) about established, adjusted, and canceled no-fly zones and restricted zones according to Clause 1 of this Article.

Article 10. Determination and Announcement of Hazardous Areas

1. The Operations Directorate determines and informs the Air Traffic Flow Management Center about hazardous areas at least twenty-four (24) hours before potentially dangerous activities occur. In urgent situations involving air defense combat, the National Air Traffic Control Center and regional Air Traffic Control Centers must immediately inform relevant long-range control centers and the Air Traffic Flow Management Center; the Air Traffic Flow Management Center immediately informs the Air Traffic Information Bulletin Center to issue appropriate NOTAMs regarding hazardous areas.

2. The notification of hazardous areas mentioned in Clause 1 of this Article includes the following information:

a) Dangerous activities;

b) Position determined by the WGS-84 coordinate system;

c) Horizontal and vertical limits;

d) Effective time of the hazardous area;

đ) Warning for flight activities;

e) Information that must be kept secret for national security (if applicable);

g) Other necessary conditions to ensure flight safety.

3. The Air Traffic Flow Management Center implements measures to ensure flight safety and immediately informs the Civil Aviation Administration of Vietnam and relevant agencies; the Air Traffic Information Bulletin Center issues appropriate NOTAMs regarding hazardous areas established as stipulated in Clause 1 of this Article.

Article 11. Airspace for Common Air Transport Activities

1. The Operations Directorate leads the submission to the Chief of the General Staff for the decision to establish flight zones and routes serving common air transport activities upon the proposal of the Civil Aviation Administration of Vietnam.

2. Based on the decision mentioned in Clause 1 of this Article, the Civil Aviation Administration of Vietnam announces flight zones and routes serving common air transport activities; manages the organization and operation of common air transport flight activities; approves exploitation plans and management of flight activities, flight methods, and exploitation plans for flight zones serving common air transport activities; designates suitable civil air traffic control facilities.

3. All flight activities in flight zones and routes serving common air transport activities are subject to command, control, and coordination by the designated civil air traffic control facility. Regional Air Traffic Control Centers have the responsibility to notify and coordinate military flight activities and other official aircraft activities affecting the airspace for common air transport activities with the designated civil air traffic control facility. Agencies directly responsible for managing and controlling flights have the responsibility to organize the signing and implementation of safety assurance agreements.

4. The Civil Aviation Administration of Vietnam leads and collaborates with the Operations Directorate and the Air Defense-Air Force Corps to determine and announce common communication procedures for flight activities in the airspace for flight zones and routes serving common air transport activities.

Article 12. Fuel Dumping Area, Baggage and Cargo Release Area from Civil Aircraft

1. The fuel dumping area, baggage and cargo release area from civil aircraft shall be established for each airport with civil aviation operations, with horizontal and vertical limits.

2. The establishment of the fuel dumping area, baggage and cargo release area from civil aircraft must ensure safety, hygiene, and environmental protection for people, property, and structures on the ground.

3. The Civil Aviation Administration of Vietnam shall take the lead and coordinate with the Combat Operations Department, relevant agencies of the Ministry of Natural Resources and Environment, People's Committees of provinces and centrally governed cities, airport operators, and air navigation service providers to determine the fuel dumping area, baggage and cargo release area from civil aircraft; submit to the Ministry of Transport for decision.

4. The Ministry of Natural Resources and Environment, People's Committees of provinces and centrally governed cities shall designate and assign tasks to their subordinate agencies to cooperate with the Civil Aviation Administration of Vietnam in determining the fuel dumping area, baggage and cargo release area from civil aircraft.

5. The Civil Aviation Administration of Vietnam shall announce the fuel dumping area, baggage and cargo release area from civil aircraft.

Article 13. Air Traffic Control Responsibility Zone

1. The air traffic control responsibility zone is an airspace control area, including ground control areas, airport control areas, approach control areas, en route control areas, and advisory air traffic control areas.

2. The air traffic control responsibility zone has boundaries and is determined based on the following factors:

a) Ensuring full information provision for operating aircraft;

b) Types and density of flight activities;

c) Terrain characteristics and weather conditions in the area;

d) Activities of civil and military air traffic control units.

3. Based on air navigation services and types of flight rules, the airspace control responsibility zones are classified into A, B, C, D, E, F, and G airspace categories.

4. The Director of the Civil Aviation Administration of Vietnam shall determine the scope, horizontal and vertical limits of the air traffic control responsibility zones and publish them in the Aeronautical Information Publication (AIP) of Vietnam after obtaining the consensus opinion of the Air Defense - Air Force Command; allocate the air traffic control responsibility zones to civil air traffic control facilities.

Chapter III

FLIGHT PERMITS

Article 14. Authority to Issue, Amend, and Revoke Flight Permits

1. The Consular Department shall issue, amend, and revoke flight permits as stipulated in Point a Clause 2 Article 81 of the amended Civil Aviation Law of Vietnam under Clause 18 Article 1 of the Law Amending Certain Provisions of the Civil Aviation Law of Vietnam.

2. The Combat Operations Department shall issue, amend, and revoke flight permits as stipulated in Point b Clause 2 Article 81 of the amended Civil Aviation Law of Vietnam under Clause 18 Article 1 of the Law Amending Certain Provisions of the Civil Aviation Law of Vietnam.

3. The Civil Aviation Administration of Vietnam shall issue, amend, and revoke flight permits as stipulated in Point c Clause 2 Article 81 of the amended Civil Aviation Law of Vietnam under Clause 18 Article 1 of the Law Amending Certain Provisions of the Civil Aviation Law of Vietnam. In cases where flights operate part of an airway or special operations within an airway, the Civil Aviation Administration of Vietnam shall issue, amend, and revoke flight permits after obtaining the consensus opinion of the Combat Operations Department.

4. On holidays, weekends, outside regular working hours, or in urgent situations, the Civil Aviation Administration of Vietnam may delegate the Air Route Management Center to issue, amend, and revoke flight permits for the following flights:

a) Flights transporting aircraft mechanics, engines, equipment, and supplies for repairing faulty aircraft or transporting passengers, baggage, cargo, and mail of faulty aircraft;

b) Search and rescue, emergency medical, and humanitarian flights;

c) Domestic airport transfer flights; technical inspection flights;

d) Flights of Vietnamese official aircraft;

e) Amendments to the following contents of flight permits: Airway, points of entry and exit from Vietnamese airspace; changing aircraft for non-commercial reasons; changing aircraft for commercial reasons for domestic flights; changing departure and arrival airports outside Vietnamese territory for flights passing through Vietnamese airspace. The Civil Aviation Administration of Vietnam shall be responsible for supervising the issuance of flight permits according to the delegation. The Air Route Management Center shall be responsible for immediately notifying the National Air Traffic Control Management Center and related air navigation service providers about the issued, amended, or revoked flight permit contents before the scheduled flight time or the time entering the Vietnamese-controlled airspace for flights passing through Vietnamese airspace.

5. In urgent situations to ensure flight safety, the air traffic controller directly controlling the flight may issue instructions to change the flight plan for the aircraft in flight. The facility directly controlling the flight shall be responsible for immediately informing the relevant Regional Air Traffic Control Management Center about the issuance of instructions to the flight.

6. Authorities issuing flight permits shall be responsible for publicly announcing the contact point and address of the agency receiving applications for flight permits.

7. The Ministry of Transport shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of National Defense to prescribe procedures and formalities for issuing, amending, and revoking flight permits for flights as stipulated in Clauses 1, 2, and 3 of this Article.

Article 15. Application for Flight Permit

1. The aircraft operator, the carrier, or the authorized person (hereinafter referred to collectively as the flight permit applicant) shall submit an application for flight permit to the flight permit issuing authority as prescribed in Clauses 1, 2, and 3 of Article 14 of this Decree.

2. The application for flight permit, except for flights specified in Clause 3 and Clause 4 of this Article, shall include the following contents:

a) Name, postal address, telegraph address of the aircraft operator, the carrier;

b) Aircraft type, flight number, registration number, nationality of the aircraft, and maximum take-off weight;

c) Flight route;

d) Air route; entry and exit points of Vietnam's airspace;

đ) Date of flight execution; estimated time of departure, landing, or estimated time of passing through entry and exit points of Vietnam's airspace (time is calculated as twenty-four (24) hours in a day and is Coordinated Universal Time (UTC));

e) Purpose of the flight;

g) Number of seats and payload.

3. For common air transport flights, the flight permit applicant must submit an application for flight permit including the contents prescribed in Points a, b, e, and g of Clause 2 of this Article and the following contents:

a) Flight route; area of operation for common air transport; air route or flight path for common air transport operations;

b) Implementation time of the flight permit.

a) Take-off and landing airport or location of the ultra-light aircraft (WGS-84 coordinates);

b) Operating time (hour, day, month, year);

c) Maximum altitude, minimum altitude;

d) Flight path, direction of the ultra-light aircraft;

đ) Identification characteristics;

e) Equipment, communication devices;

g) Other notes.

5. The flight permit applicant shall be responsible for the truthfulness and accuracy of all information and documents related to the flight.

Article 16. Deadline for Submission of Application, Issuance, and Amendment of Flight Permit

1. Not later than ten (10) working days before the planned implementation date of regular flights.

2. Not later than seven (07) working days before the planned implementation date of the following cases:

a) Test flights, demonstration flights, drill flights, training flights;

b) Flights serving scientific research, national economic activities, cultural, sports, and tourism activities;

c) Flights of foreign military aircraft conducting civil aviation activities in Vietnam.

3. Not later than five (05) working days before the planned implementation date of the following cases:

a) Foreign special aircraft flights carrying guests of the Party and State, and escort or advance flights for such special aircraft; other foreign special aircraft flights and escort or advance flights for such special aircraft;

b) International charter flights, additional flights to and from Vietnam;

c) Flights of foreign government aircraft not falling under the provisions of Clause 2 of this Article.

4. Not later than three (03) working days before the planned implementation date of the following cases:

a) Non-regular flights over Vietnam's airspace or technical landings in Vietnam;

b) Flights implemented pursuant to decisions of the Court or competent state authorities of Vietnam;

c) Flights implemented pursuant to aircraft lease, purchase, or sale contracts;

d) Flights transferring international airports;

đ) Flights serving specific needs of agencies, organizations, or individuals.

5. Not later than twenty-four (24) hours before the planned implementation time of the flights prescribed in Point c of Clause 4 of Article 14 of this Decree; humanitarian flights; other common air transport flights.

6. No deadline shall apply in the following cases:

a) Emergency flights;

b) Flights prescribed in Points a, b, and d of Clause 4 of Article 14 of this Decree;

c) Amendments to flight permits prescribed in Point đ of Clause 4 of Article 14 of this Decree.

7. The deadlines for submission of applications for issuance and amendment of special aircraft flight permits, escort flights, advance flights, shall be carried out in accordance with regulations on ensuring special aircraft operations.

8. The flight permit issuing authority shall be responsible for reviewing and notifying the flight permit or refusing to issue the permit to the applicant within the following deadlines:

a) Seven (07) working days from the date of receipt of the application for the cases prescribed in Article 1 of this Decree;

b) Five (05) working days from the date of receipt of the application for the cases prescribed in Article 2 of this Decree;

c) Three (03) working days from the date of receipt of the application for the cases prescribed in Article 3 of this Decree;

d) Two (02) working days from the date of receipt of the application for the cases prescribed in Article 4 of this Decree;

đ) Twelve (12) hours from the time of receipt of the application for the case prescribed in Article 5 of this Decree;

e) The flight permit issuing authority and air traffic controller shall be responsible for immediately responding and issuing instructions to change the flight plan to the applicant for the cases prescribed in Article 6 of this Decree.

9. In the event that the application for issuance or amendment of the flight permit is submitted beyond the deadline, the flight permit issuing authority shall consider factors such as reasons for late submission, nature, necessity of the flight, and related issues to decide whether to grant or refuse the flight permit.

10. The flight permit issuing authority must ensure the conditions and limitations of airspace, air routes, flight procedures, and conditions to ensure safe flight operations as stipulated in the Civil Aviation Air Traffic Control Regulations, Airport Area Flight Regulations, and policies published in the Aeronautical Information Publication (AIP) of Vietnam when issuing flight permits.

11. The Vietnam Civil Aviation Authority shall guide and assess compliance with aviation safety and security standards for airlines before granting permission to operate flights to and from Vietnam. In cases where there is evidence that foreign civil aviation authorities fail to ensure adequate supervision over the operation of aircraft according to International Civil Aviation Organization (ICAO) standards, the Vietnam Civil Aviation Authority shall organize an evaluation of the capacity of such foreign civil aviation authorities to supervise aviation safety. Applicants for flight permission must submit necessary documents as required by the Vietnam Civil Aviation Authority along with their application for flight permission to serve the assessment process.

Article 17. Content of Flight Permission

1. The content of flight permission, except as provided in Clause 2 and Clause 3 of this Article, includes:

a) Name and address of the entity granted flight permission; name and address of the aircraft operator;

b) Number of flight permissions issued;

c) Type of aircraft, flight number, registration number, and nationality of the aircraft;

d) Flight route;

đ) Airway; points of entry and exit from Vietnamese airspace;

e) Estimated takeoff and landing times or estimated times of passage through entry and exit points of Vietnamese airspace (time calculated within twenty-four (24) hours of the day and in Coordinated Universal Time (UTC));

g) Purpose of the flight;

h) Value of the time of execution of the flight permission;

i) Designation of service providers for air traffic services (if necessary);

k) Other provisions of the flight permission.

2. Flight permission for general aviation operations includes the contents specified in Points a, b, c, d, g, h, and i of Clause 1 of this Article, and the following additional contents:

a) Areas of flight serving general aviation operations; airways or routes serving general aviation operations;

b) Communication equipment and facilities.

a) Take-off and landing airport or location of the ultra-light aircraft (WGS-84 coordinates);

b) Operating time (hour, day, month, year);

c) Maximum altitude, minimum altitude;

d) Flight path, direction of the ultra-light aircraft;

đ) Identification characteristics;

e) Equipment, communication devices;

g) Other notes.

Article 18. Effectiveness of Flight Permission

1. The implementation time of each flight is determined based on the content of the issued flight permission.

2. Flight permission for flights taking off and landing at Vietnamese airports is valid from twelve (12) hours before the time indicated in the flight permission until twenty-four (24) hours after the time indicated for takeoff and landing in the flight permission.

3. Flight permission for flights passing through Vietnamese airspace is valid within a timeframe from three (03) hours before the time indicated in the flight permission until seventy-two (72) hours after the time indicated in the flight permission.

4. The validity of flight permission includes permission for flights departing from alternate airports to destination airports or departure airports.

Article 19. Amendment and Revocation of Flight Permission

1. The issuing authority may revoke flight permission for the following reasons:

a) Security and defense;

b) Safety and security of the flight;

c) Public order and public interest;

d) Protection of state interests;

đ) As prescribed by international treaties to which the Socialist Republic of Vietnam is a member;

e) The applicant provides false information, implements the flight not in accordance with the content of the flight permission, fails to fully pay all types of charges and fees for air traffic control services entering or passing through Vietnamese-controlled airspace, and other fees as prescribed, or engages in other fraudulent acts.

2. When wishing to change the content of an already issued flight permission, the applicant must submit a request for amendment of the flight permission to the issuing authority and can only conduct the flight after receiving confirmation from the issuing authority. The request for amendment of the flight permission shall include the following contents:

a) Name, postal address, telegraph address of the aircraft operator, the carrier;

b) The number of the issued flight permission and the date of issuance;

c) Details of the requested amendment to the issued flight permission.

3. The applicant for flight permission must notify the issuing authority prior to the scheduled implementation time of the flight if the flight has been canceled.

Article 20. Notification of Flight Permits

1. The agencies issuing flight permits shall immediately notify the flight permit issued, amended, or revoked to the applicant for the flight permit.

2. The Operations Department and the Consular Department shall immediately notify the flight permit issued, amended, or revoked to the National Air Traffic Management Center, the Civil Aviation Administration of Vietnam, and the Air Route Management Center.

3. The Civil Aviation Administration of Vietnam shall immediately notify the flight permit issued, amended, or revoked to the National Air Traffic Management Center and the Air Route Management Center.

Article 21. Procedures for Notifying Flights Passing Through or Operating Within the International Maritime Information Region Managed by Vietnam

1. The aircraft operator, the carrier, or the authorized person for flights passing through or operating within the international maritime information region managed by Vietnam (hereinafter referred to as the flight notification sender) shall submit flight notifications to the Air Route Management Center within the following timeframes:

a) Twenty (20) days before the planned date of the flight for regular flights;

b) One (01) hour before the planned time of the flight for non-regular flights.

2. The flight notification shall include the following contents:

a) Name, postal address, telegraph address of the aircraft operator, the carrier;

b) Aircraft type, flight number, registration number, nationality of the aircraft, and maximum take-off weight;

c) Flight route or airspace area;

d) Airway; entry and exit points of the information region;

đ) Date of the flight; estimated time of passage at the entry and exit points of the information region (time is calculated as twenty-four (24) hours in a day and is Coordinated Universal Time (UTC));

e) Purpose of the flight.

3. For activities within the international maritime information region managed by Vietnam, the flight notification sender must submit a flight plan along with the flight notification as stipulated in Clause 2 of this Article.

4. The flight notification for ultra-light aircraft includes the contents specified in Clause 2 of this Article and the following contents:

a) Position of the ultra-light aircraft in WGS-84 coordinates;

b) Operating time (hour, day, month, year);

c) Maximum altitude;

d) Flight path, direction of the ultra-light aircraft;

đ) Identification characteristics;

e) Equipment, communication devices;

g) Other notes.

5. The flight notification sender shall be responsible for the truthfulness and accuracy of all information and documents related to the flight.

6. The Air Route Management Center shall be responsible for reviewing and notifying the approval of the flight notification to the flight notification sender.

Article 22. Establishment and Implementation of Flight Activity Plans

1. The Air Route Management Center shall establish civil flight activity plans on a seasonal and daily basis and send them to the National Air Traffic Management Center and the Civil Aviation Administration of Vietnam.

2. The National Air Traffic Management Center shall compile the national daily flight activity plan and implement it to air traffic control units under the Ministry of Defense; manage and direct the national flight activity plan; send military flight activity plans related to civil aviation to the Air Route Management Center.

3. The Air Route Management Center shall be responsible for compiling civil flight activity plans and military flight activity plans related to them and sending them to airport authorities, service providers, and airport operators.

4. Airport operators shall be responsible for implementing the flight activity plan to relevant authorities, units, and enterprises providing services at airports.

Chapter IV

COORDINATION IN THE MANAGEMENT OF CIVIL AND MILITARY FLIGHT ACTIVITIES

Article 23. Airspace organization and flight procedures serving military aviation activities affecting civilian aviation

The organization of airspace and the establishment of flight procedures for military aviation activities that affect civilian aviation must ensure the effective use of airspace, safety, and optimal utilization of equipment ensuring flight operations; take into account the harmony between economic development and national defense security; based on the consensus between the Ministry of National Defense and the Ministry of Transport.

Article 24. Coordination in Flight Control

1. Civil air traffic control units shall control flights implementing civil aviation activities or other flights authorized in writing by the flight authorization agency. Military air traffic control units shall control flights implementing military aviation activities.

2. The flight authorization agency may delegate flight control to civil air traffic control units or military air traffic control units based on their respective capabilities.

3. When there are mixed civil and military flights in the airport airspace, flight control shall be conducted from a single control tower at the airport to coordinate with civilian flight activities and command military flight activities within the airport area.

4. When there are mixed civil and military flights in the air route or common air navigation service areas, flight control shall be coordinated for civilian flight activities and commanded for military flight activities.

5. During flight training in the airport airspace, the training facility must arrange personnel with appropriate expertise at the airport control tower to support the training activities.

6. The coordination for the control of military aircraft operating in airways and airport airspace must be based on agreements between civil air traffic control units and military air traffic control units.

7. The coordination of flight control activities shall be carried out according to the following principles:

a) Air traffic controllers shall lead coordination for flights in airways; airspaces and air routes serving common aviation activities;

b) Military flight commanders shall lead coordination for flights outside the areas specified in Point a of this Clause;

c) For flights in the airport airspace, they shall comply with the Airport Area Flight Regulations.

8. The Air Traffic Flow Management Center is responsible for collecting and summarizing information related to flight activities within its jurisdiction in the international airspace notification area managed by Vietnam and reporting it to the National Air Traffic Control Management Center.

9. The control of special flight activities shall comply with the provisions of this Article.

Article 25. Separation of Military and Civil Aircraft

The separation of military and civil aircraft shall be implemented according to either the Civil Aviation Air Traffic Control Regulations or the Military Flight Rules, choosing the safer standard. The person responsible for coordination as stipulated in Clause 7 of Article 24 of this Decree shall be responsible for selecting the separation standards between military and civil aircraft.

Article 26. Coordination in the use of airspace and management, control of flights; use of frequencies for civil aviation operations

Clause 1. The coordination in the use of airspace and management, control of flights shall be implemented on the basis of flexible use of airspace between civil aviation flight activities and military flight activities.

Clause 2. The Civil Aviation Administration of Vietnam shall coordinate with the Operations Directorate to assign tasks for the mixed use of information, navigation, surveillance, meteorological, and air traffic services for civilian air traffic control units and related military units.

Clause 3. The Air Defense-Air Force Corps and the Civil Aviation Administration of Vietnam shall unify the use of frequencies for civil aviation operations.

Chapter V

MANAGEMENT OF FLIGHT ACTIVITIES AT AIRPORTS AND AIRFIELDS

Article 27. Flight regulations in the airport area

Clause 1. Flight regulations in the airport area include the following contents:

Point a) General principles;

Point b) Airport description;

Point c) Airport area;

Point d) Assurance of communication and radio technical equipment and lighting;

Point đ) Assurance of meteorology and bird activity notifications;

Point e) Management and control of flights;

Point g) Flight practice;

Point h) Rules for regaining orientation in the airport area;

Point i) Search and rescue and emergency operations at the airport;

Point k) Related appendices.

Clause 2. Authority to issue flight regulations in the airport area:

Point a) Flight regulations in the airport area of domestic airports shall be issued by the Director of the Civil Aviation Administration of Vietnam after obtaining the consensus opinion of the Operations Directorate and the Air Defense-Air Force Corps;

Point b) Flight regulations in the airport area of international airports shall be issued by the Director of the Civil Aviation Administration of Vietnam after obtaining the consensus opinion of the Operations Directorate and the Air Defense-Air Force Corps;

Point c) Flight regulations in the airport area of shared-use airports of domestic airports shall be issued by the Director of the Civil Aviation Administration of Vietnam after obtaining the consensus opinion of the Operations Directorate and the Air Defense-Air Force Corps, except in cases provided for in Point d of this Clause;

Point d) Flight regulations in the airport area of shared-use airports of domestic airports under the management of the Air Defense-Air Force Corps, which have regular training and combat readiness flights, shall be issued by the Commander of the Air Defense-Air Force Corps after obtaining the consensus opinion of the Operations Directorate and the Civil Aviation Administration of Vietnam;

Point đ) Flight regulations in the airport area of shared-use airports of international airports shall be issued by the Director of the Civil Aviation Administration of Vietnam after obtaining the consensus opinion of the Operations Directorate and the Air Defense-Air Force Corps;

Point e) Flight regulations in the airport area of military airports shall be compiled by the Commander of the Air Division or the Principal of the Air Cadet School and submitted to the Commander of the Air Defense-Air Force Corps for issuance after obtaining the opinion of the Civil Aviation Administration of Vietnam.

Article 28. Flight procedures at airports

Clause 1. Flight procedures at airports include departure, arrival, approach, and holding procedures.

Clause 2. The development of flight procedures at airports must be carried out based on the following factors:

Point a) Infrastructure structure of the airport, boundaries of the area responsible for managing and controlling flights;

Point b) Methods, equipment, and navigation and surveillance systems for air traffic;

Point c) Topography of the airport and obstacles in the airport area;

Point d) Density of aircraft operations;

Point đ) No-fly zones, dangerous areas, air defense combat waiting zones, and military flight operation areas.

Clause 3. The Director of the Civil Aviation Administration of Vietnam shall decide on flight procedures for civilian flight activities at civilian airports and notify the Air Defense-Air Force Corps; decide on flight procedures for civilian flight activities at shared-use airports after obtaining the consensus opinion of the Air Defense-Air Force Corps.

Clause 4. The Commander of the Air Defense-Air Force Corps shall decide on flight procedures for military flight activities at shared-use airports after obtaining the consensus opinion of the Civil Aviation Administration of Vietnam.

Article 29. Use of Backup Airports

1. Backup airports must ensure minimum conditions for runways, taxiways, parking positions, technical systems, equipment, air traffic services, and other necessary services.

2. Based on the capacity of civil aviation airports, the Director of the Civil Aviation Authority of Vietnam shall decide on the list of backup airports serving civil aviation operations after obtaining the unified opinion of the Combat Operations Department.

3. The Civil Aviation Authority of Vietnam shall announce backup airports and conditions for international flights in the Aeronautical Information Publication (AIP) of Vietnam; backup airports for domestic flights in the Airport Operating Regulations. Aircraft operators shall select backup airports according to the published airport list and conditions.

Article 30. Runway Safety Program

1. The Civil Aviation Authority of Vietnam shall take the lead in planning and implementing measures to prevent and reduce incidents and accidents; ensuring safety and efficiency in runway operation at civil aviation airports.

2. Based on the Runway Safety Program issued by the Ministry of Transport, the Civil Aviation Authority of Vietnam shall coordinate with relevant agencies and units at civil aviation airports to develop and implement the Runway Safety Program at each airport.

Article 31. Operation of Flight Activities at Civil Aviation Airports

1. Aircraft pilots are responsible for complying with regulations on flight activities during takeoff, landing, and taxiing on the apron.

2. Organizations and individuals related to the operation of flight activities at civil aviation airports must comply with procedures for operating and managing civil aviation flight activities within the apron, taxiways, runways, and airport airspace.

Chapter VI

IMPLEMENTING PROVISIONS

Article 32. Responsibilities of the Ministry of Transport

1. The Minister of Transport shall stipulate management of flight activities concerning the following contents:

a) Civil air traffic control;

b) Aeronautical information service;

c) Civil air navigation services;

d) Civil aviation meteorology;

đ) Civil aviation search and rescue;

e) Air traffic flow management;

g) Airport flight information;

h) Runway safety;

i) Civil aviation flight procedures;

k) Aeronautical charts and diagrams;

l) Performance-based navigation;

m) Units of measurement used in flight activities;

n) Communication procedures between air and ground;

o) Requirements for air traffic control system management; security and safety of flight operations;

p) Inspection and calibration of communication, navigation, surveillance, and flight procedure systems;

q) Flight operations in areas serving general aviation activities;

r) Scheduling, operation, and planning of civil aviation flight operations, including selection of backup airports.

2. The Director of the Civil Aviation Authority of Vietnam shall provide guidance, direct, issue directives, and professional orders related to the management of flight activities concerning the following:

a) Civil air traffic control procedures;

b) Organization and procedures for operating civil aviation air traffic facilities;

c) Operation of dependent or independent runways;

d) Air traffic flow management;

đ) Organization and management of air traffic control responsibility areas;

e) Communication, navigation, and surveillance systems;

g) Quality management systems, equipment, and implementation methods for civil aviation meteorology;

h) Aeronautical information service work, electronic terrain and obstacle data, and airport charting;

i) Civil aviation flight altitude assignment procedures;

k) Procedures for operating and managing civil aviation flight activities at airports;

l) Flight operation safety management system.

Article 33. Responsibilities of the Ministry of National Defense

The Minister of National Defense shall specify the following contents:

1. Protection and management of airspace.

2. Air traffic forecasts, notifications, and flight plans.

3. Supervision of civil aviation activities.

4. Establishment of air zones and routes for common aviation operations.

5. Management of flights outside airways and special flights.

6. Provision of flight activity information.

Article 34. Effective Date

1. This Decree takes effect from January 26, 2016.

2. This Decree replaces Government Decree No. 94/2007/NĐ-CP dated June 24, 2007 on the management of flight activities.

Article 35. Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.