Pursuant to …;

ISSUED BY THE MINISTER OF TRANSPORTATION

On the issuance of the Regulation on Prevention, Control, and Mitigation of Typhoon and Flood Consequences in the Aviation Industry

trong ngành hàng không

THE MINISTER OF TRANSPORTATION

Pursuant to the Law on Typhoon and Flood Prevention issued by the President on March 22, 1994, and the Law Amending and Supplementing Certain Provisions of the Law on Typhoon and Flood Prevention adopted by the Standing Committee of the National Assembly on August 24, 2000;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 32/CP dated 20/5/1996 of the Government detailing the implementation of the Law on Typhoon and Flood Prevention;

Pursuant to Decision No. 581/TTg dated 25/7/1997 of the Prime Minister promulgating the Typhoon and Flood Reporting Regulations;

Considering the proposal of the Head of the Steering Committee for Typhoon and Flood Prevention under the Ministry of Transport, the Director of the Civil Aviation Administration of Vietnam; Male;

DECISION:

Article 1. Issued together with this Decision The Regulation on Prevention, Control, and Mitigation of Typhoon and Flood Consequences in the Aviation Industry.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations on typhoon and flood prevention and mitigation in the aviation industry that conflict with this Decision are hereby abolished.

Article 3. The Permanent Secretaries of the Ministry, the Heads of the Inspection Department of the Ministry, the Heads of Departments under the Ministry, the Heads of the Steering Committees for Typhoon and Flood Prevention under the Ministry of Transport, the Directors of the Civil Aviation Administration of Vietnam, and the Heads of related agencies and units shall be responsible for implementing this Decision.

REGULATIONS

PREVENTION, CONTROL, AND MITIGATION OF TYPHOON AND FLOOD CONSEQUENCES

IN THE AVIATION INDUSTRY

(Issued pursuant to Decision No. 13/2004/QĐ-GTVT

Pursuant to the Government's Decree No. 58/2  the  9  of 2004 of the Minister of Transport)

 PART I

GENERAL PROVISIONS

Article 1. The Regulation on Prevention, Control, and Mitigation of Typhoon and Flood Consequences in the Aviation Industry (hereinafter referred to as the Regulation) sets out basic principles for the prevention, control, and mitigation of typhoon and flood consequences concerning the infrastructure and other means of transportation in the aviation industry, aiming to reduce losses caused by typhoons and floods, quickly stabilize aviation operations to meet economic, social, national defense security needs, and minimize impacts on the ecological environment.

Article 2. Explanation of terms

2.1 Aviation industry infrastructure includes works and equipment belonging to the Airports and Air Traffic Management Centers in the regions and the Civil Aviation Management Center of Vietnam, and other enterprises operating within the jurisdiction of airports and airfields.

2.2 Other means of transportation in the aviation industry include aircraft and other aviation means.

2.3 Typhoons and floods in this Regulation include flash floods, flooding, tidal surges, typhoons, tropical depressions, whirlwinds, landslides (caused by rain, floods, typhoons, and sea waves) threatening or causing damage to the aviation industry's infrastructure and other means of transportation..

Article 3.

Organizations and individuals (including foreign organizations and individuals) engaged in the aviation sector must comply with the provisions on typhoon and flood prevention and mitigation set forth in this Regulation and other relevant regulatory legal documents.

Article 4.

The Steering Committee for Typhoon and Flood Prevention of the Civil Aviation Administration of Vietnam shall be established by the Director of the Civil Aviation Administration of Vietnam, assigned to a Deputy Director to assist the Director in organizing the implementation of typhoon and flood prevention and mitigation work within the scope of specialized state management functions of the Civil Aviation Administration of Vietnam, and subject to the guidance and direction of the Steering Committee for Typhoon and Flood Prevention of the Ministry of Transport.

Article 5.

The Steering Committee for Typhoon and Flood Prevention of the Civil Aviation Administration of Vietnam has the following main tasks:

5.1 To develop plans for typhoon and flood prevention and mitigation that are appropriate to the specialized state management functions of the Civil Aviation Administration of Vietnam. Male.

5.2 To direct the development, approval, guidance, supervision, and inspection of subordinate units and aviation enterprises to implement their typhoon and flood prevention and mitigation activity plans in accordance with each unit's functions and tasks.

5.3 To coordinate with provincial and municipal typhoon and flood prevention steering committees and related agencies and units in typhoon and flood prevention and mitigation work to ensure the construction, repair, protection, and management of typhoon and flood prevention works in the aviation industry in compliance with current laws. Coordinate with the Air Search and Rescue Commission and related agencies and units to promptly implement search and rescue operations when incidents occur.

5.4 To organize permanent readiness for typhoon and flood prevention and mitigation according to regulations to promptly collect and disseminate information, implement measures based on directives and guidelines from higher authorities regarding typhoon and flood prevention and mitigation.

5.5 To strictly adhere to reporting requirements in typhoon and flood prevention and mitigation work.

5.6 To develop and implement approved plans for inspection and supervision of compliance with state policies and regulations on typhoon and flood prevention and mitigation.

5.7 Each year, the Steering Committee for Typhoon and Flood Prevention shall prepare a budget for operational expenses, submit it for approval by the leadership of the Civil Aviation Administration of Vietnam, and use the approved budget in accordance with financial regulations.

5.8 To summarize and disseminate experiences in typhoon and flood prevention and mitigation.

5.9 To participate in research projects and the application of scientific and technological advancements in typhoon and flood prevention in the aviation industry.

Article 6

The typhoon and flood prevention committees of agencies, units, and aviation enterprises (hereinafter referred to as the grassroots typhoon and flood prevention committees) shall be established by the heads of these agencies, units, and enterprises and assigned to a deputy head.

, Clause 1, Clause 2 Article 7a of this Regulation.

The grassroots typhoon and flood prevention committees as stipulated in Article 6 of this Regulation have the following main tasks:

7.1 To develop specific plans and strategies for typhoon and flood prevention and control that are suitable to their functional tasks and characteristics of production and business activities, submit them for approval by the Civil Aviation Administration of Vietnam, and proactively prevent and respond to situations arising during typhoons and floods.

7.2 To maintain the readiness of equipment and materials for typhoon and flood prevention and mitigation work at the unit level and comply with local logistical support procedures.

7.3 Develop and organize the implementation of plans for typhoon and flood prevention and control that have been approved, coordinate with specialized state management agencies in the aviation sector and relevant agencies at the local level in preventing, controlling, and mitigating the aftermath of typhoons and floods.

7.4 Organize emergency forces and maintain a 24/7 watch system during the rainy season to continuously gather information on typhoon and flood developments in order to promptly implement preventive and control measures and mitigate the aftermath of typhoons and floods.

7.5 Proactively implement response plans when situations arise and promptly report to relevant agencies to seek necessary support to minimize the consequences of typhoons and floods to the lowest extent possible.

7.6 By all means quickly restore the aftermath of typhoons and floods to ensure the earliest possible resumption of management, production, and business activities of the unit and effectively support other agencies and units when requested.

7.7 Timely replenish equipment and materials that have been used.

7.8 Timely organize lessons learned from rescue operations following each incident to enhance the quality of plans and measures for typhoon and flood prevention, control, and mitigation.

7.9 Regularly and urgently report on the unit's typhoon and flood prevention and control activities to the Civil Aviation Authority of Vietnam.

PART II

PREVENTION, CONTROL, AND MITIGATION OF TYPHOON AND FLOOD CONSEQUENCES

PART I

PREVENTION AND CONTROL OF TYPHOONS AND FLOODS

Article 8

Annual typhoon and flood prevention work

Annual typhoon and flood prevention work is a regular task of all units in the aviation industry, including:

8.1 Managing and protecting air infrastructure and other aviation facilities related to typhoon and flood prevention and control. Prevent actions that may cause damage or destruction to these facilities.o 8.2 Regularly inspect and evaluate the safety level of facilities that need protection. If damage or weakening is discovered, timely measures must be taken to address it. In cases exceeding their capacity, inspection authorities must immediately report to higher-level agencies for resolution before the rainy season.

8.3 Develop the unit's typhoon and flood prevention plan and coordinate with other units in the same area. The plan must anticipate potential incidents during typhoons and floods, determine the impact on facilities, establish appropriate measures and solutions as follows:

a. Measures such as anchoring, securing, supporting, and reinforcing must be implemented to protect main facilities, protective structures, construction equipment, workshops, warehouses, camps, and other aviation equipment...

b. A plan for evacuating equipment, machinery, personnel, and assets must be established in case of large typhoons and floods.

c. Measures to prevent floating objects from colliding with facilities during floods must be implemented.

d. Specific procedures for monitoring and forecasting typhoon and flood developments, observing actual conditions in the facility area, and monitoring the typhoon and flood resistance of facilities and equipment must be established. There must be provisions for communication assurance during typhoons and floods, anticipating scenarios such as power outages and loss of communication to proactively and effectively address them.

e. The grassroots Typhoon and Flood Prevention Command, the Civil Aviation Authority of Vietnam's Typhoon and Flood Prevention Command

must inspect the unit's typhoon and flood prevention plans, especially for critical facilities. Inspections must follow the correct procedure: both quantity and quality must be inspected, inspection records must be complete and signed. Recommendations from inspection teams must be implemented, and re-inspections organized if necessary.  8.4 Typhoon and flood prevention boards of units directly purchase, stockpile, and store reserve materials and equipment for typhoon and flood prevention. When necessary, they must comply with the directives of authorized authorities to cooperate with other units to perform tasks during typhoons and floods.

8.5 Stockpile essential food, medical supplies, and medicines in vulnerable and remote areas for use when needed.

8.6 Organize forces and train them in gathering information related to typhoon and flood forecasting, prevention, and control. Typhoon and flood prevention forces must be well-organized, with clear responsibilities assigned in the unit's typhoon and flood prevention plan.

8.7 Prevention of typhoons and floods for newly constructed facilities.

Article 9.

All aviation facilities must be able to withstand the effects of typhoons and floods. From the design stage, the following basic principles must be considered:

9.1 Conduct thorough research on the topography and geomorphology of the construction site, collect comprehensive multi-year data on rainfall, flow rates, water levels, wind pressure, marine erosion, environmental factors, and regional typhoon and flood conditions, paying attention to historical data and geological surveys of the construction site to serve as the basis for design.

9.2 Select suitable locations, materials, and structural types to withstand winds and typhoons.

9.3 Design calculations must follow current regulations while considering the impact of global and regional climate change, the influence of hydropower and agricultural projects, and negative impacts from the ecological environment, such as deforestation and indiscriminate resource exploitation, which could lead to unpredictable changes in calculation data and unforeseen consequences after construction.

9.4 In design, ensure the stability of the overall structure and individual components against typhoons, tides, and erosion, strictly adhering to current regulations.

9.5 Utilize scientific and technological advancements in protecting facilities from typhoon and flood impacts.

Prevention of typhoons and floods for ongoing construction projects.

Article 10

Phòng chống bão, lũ đối với các công trình đang xây dựng.

For air transportation projects currently under construction with construction periods extending through typhoon and flood seasons, the impacts of typhoons and floods on ongoing construction works, auxiliary works, construction equipment ensuring safety for material storage areas, workshops, and temporary camps must be taken into account.

10.1 Typhoon and Flood Prevention during the Design and Construction Organization Phase:

a. Strict adherence to basic construction procedures must be ensured, with design preceding construction by one step to avoid simultaneous design and construction which would lack proactive typhoon and flood prevention measures. Based on the construction organization design and overall schedule established by the design agency, the construction unit must start from survey data of the area, actual technical equipment capabilities, labor force, material supply capacity, upper-level support capacity, cooperative relationships with other units, and the commencement date of the project to develop a practical construction organization plan and overall schedule.

This plan must pay special attention to typhoon and flood prevention components, particularly for critical and vulnerable projects located in regions frequently affected by typhoons and floods, and must be reviewed by competent authorities.

b. A reasonable overall construction schedule must be developed to avoid simultaneously constructing multiple projects, which could lead to insufficient response capability when typhoons or floods occur. Specific schedules for important project components should be established to ensure completion or reaching a stop point before the rainy season.

c. The construction organization design must include flood prevention measures from the start of the construction site until the completion of the project.

d. When preparing the construction site, the layout must be arranged to achieve the highest level of safety regarding typhoon and flood prevention. Important warehouses and workshops must be placed in sheltered and elevated locations to prevent flooding. If projects are at risk from strong winds and typhoons, they must be designed using materials and structures capable of resisting wind and typhoons. In cases where project foundations are threatened by waterlogging, protective works such as levees, drainage channels, sumps, and pumping stations must be constructed to ensure the safety of construction facilities.

e. Large construction equipment like pile drivers and cranes must be carefully protected. Evacuation areas and anchoring points for equipment during typhoons and floods must be planned. Other equipment must also have appropriate handling measures. Warehouses and temporary camps must be secured before the rainy season.

g. The construction organization design must include specific typhoon and flood prevention plans to prepare for unexpected storms and floods. These plans must consider protective measures for construction equipment, machinery, materials, workshops, warehouses, temporary camps, evacuation of personnel and assets, and rescue forces such as cranes, trucks, pumps, generators, and radio communication devices. The unit's typhoon and flood prevention plan must be discussed and agreed upon with local authorities, without hindering local production and life.

h. For certain projects requiring continuous construction, it may be considered to construct during the rainy season but must ensure quality and special design. Detailed construction organization plans for components constructed during the rainy season must be prepared with the highest preventive awareness. Construction equipment must be arranged flexibly for quick evacuation, securing, and tying down. When planning backup equipment,  particular attention must be paid to power outages, having generator replacements, cranes to evacuate machinery, equipment that can operate in high winds and rising waters, large pumps, and communication devices.

It is necessary to anticipate waste collection, sorting, and disposal during construction. Upon project completion, the construction site must be cleaned up to restore a clean environment to the area.

10.2 Typhoon and Flood Prevention during Construction and Project Completion: Construction must follow the construction organization design and overall schedule established by the construction unit, taking into account typhoon and flood prevention work. During the construction process until project completion, the following issues must be noted:

a. When there is a forecast of typhoons or floods in the project area, the actual status of the project and construction equipment must be quickly checked along with their typhoon and flood resistance capabilities. If these issues were not considered in the construction organization design phase, their stability must be verified and timely measures proposed.

b. For tall equipment such as cranes and pile drivers serving construction purposes, their stability must be checked and promptly addressed by lowering the center of gravity of the equipment.

Article 11

Typhoon and Flood Prevention for Air Transportation Projects in Use

For operational projects, typhoon and flood prevention work is a mandatory component during regular, periodic, and special maintenance and repair activities.

Article 12

Typhoon and Flood Prevention for Aircraft and Other Air Transportation Means

Typhoon and flood prevention work for aircraft and other air transportation means includes:

12.1 Construction  and inspection of aircraft mooring and securing positions as well as those for other air transportation means on aprons according to technical regulations and suitable for the types of aircraft and air transportation means operated at airports.

12.2 Arrangement of landing positions on aprons for aircraft types in operation if necessary.

12.3 Inspection and preparation of all types of mooring ropes, anchors, and necessary items for securing aircraft during typhoons, floods, and tornadoes. When a typhoon approaches, final preparations and inspections must be conducted, including:

a. Aircraft must be parked in designated positions equipped with aircraft mooring hooks on the apron.

b. Secure, brace, hold, and connect aircraft grounding cables in accordance with technical regulations.

c. Refuel aircraft according to technical regulations.

d. Based on specific storm and flood situations, promptly evacuate aircraft to safe locations.

12.4 Move other aviation equipment to designated areas as prescribed, and secure them carefully.

Article 13

The main tasks for typhoon and flood prevention and control for aviation agencies, units, and enterprises:

13.1 For regional airport clusters

a. Regional airport clusters are responsible for leading and coordinating typhoon and flood prevention and disaster mitigation work among aviation agencies, units, and enterprises within their management area.

b. Establish and announce aircraft mooring positions in accordance with regulations. Be prepared with plans to mobilize rescue equipment capable of participating in search and rescue operations.

c. Based on specific typhoon and flood situations, promptly evacuate or move aircraft and other aviation equipment to parking positions to withstand storms and floods.

d. Timely inform air traffic control authorities about changes in the technical characteristics of lighting systems and navigation aids due to the impact of typhoons and floods.

e. Strictly implement reporting procedures for typhoon and flood prevention and control.

g. Organize the protection of power supply systems, drainage systems, warehouses, workshops, equipment, and facilities at subordinate airports.

h. Have contingency plans for communication systems with aircraft when communication devices are damaged.

13.2 For the Civil Aviation Air Traffic Management Center Male

a. Guide the implementation of superior directives regarding typhoon and flood prevention and control for managed facilities and equipment.

b. Develop plans to ensure smooth communication between relevant aviation agencies and units during typhoon and flood prevention, disaster relief, and search and rescue operations, especially in emergency situations.

c. Organize shifts, monitoring, receiving, and transmitting information about tropical depressions and typhoon warnings as stipulated.

d. Promptly receive and transmit distress signals, requests for assistance, and rescue operations.

e. Strictly implement reporting procedures for typhoon and flood prevention and control.

g. Provide air traffic control services as required to ensure the evacuation of aircraft and prevent congestion at airports in typhoon and flood areas.

13.3 For aviation transport enterprises

a. Guide and implement superior directives regarding typhoon and flood prevention and control for managed facilities, equipment, and aircraft.

b. Closely coordinate with regional airport clusters and the Civil Aviation Air Traffic Management Center in evacuating aircraft and equipment from typhoon and flood areas.

c. Be ready to participate in search and rescue operations as requested by the National Search and Rescue Commission.

d. Strictly comply with aircraft securing and mooring regulations set by manufacturers and evacuate or move aircraft to safe locations as directed by regional airport clusters when typhoons or tornadoes occur.

e. Strictly implement reporting procedures for typhoon and flood prevention and control.

PART II

RESTORATION AFTER TYPHOON AND FLOOD DAMAGE

Article 14

Restoration after typhoon and flood damage in the aviation industry includes:

14.1 Saving lives and property.

14.2 Restoring disrupted aviation transportation:

Regional airport clusters lead all activities aimed at quickly restoring disrupted aviation transportation. Aviation agencies, units, and enterprises operating within these clusters must promptly provide manpower, equipment, and resources to restore disrupted aviation transportation.

The restoration of disrupted aviation transportation involves the following main contents:

a. Implement emergency measures to safely utilize aviation infrastructure.

b. Survey and announce to air traffic control authorities the current status of aviation infrastructure and equipment systems.

14.3 Restoring aviation facilities and equipment after typhoons and floods:

a. Quickly restore operational characteristics and safety conditions of aviation infrastructure and equipment systems to pre-typhoon and flood levels as approved in design.

b. Thoroughly address the impact of typhoons and floods on aviation infrastructure such as runways, taxiways, aprons, workshops, warehouses, etc., to stabilize production and business operations in the aviation industry as soon as possible.

14.4 Implement environmental sanitation, prevent disease outbreaks, and support the stabilization of civilian life in affected areas.

14.5 Investigate and compile damage statistics.

CHAPTER III

FINANCIAL RESOURCES FOR PREVENTION, CONTROL

AND RESTORATION AFTER TYPHOON AND FLOOD DAMAGE

Article 15

Financial resources for typhoon and flood prevention, control, and restoration include:

15.1 Funds allocated from the state budget.

15.2 Emergency funds for typhoon and flood prevention and control held by units.

15.4. Labor resources for public welfare or voluntary participation as prescribed by law.

Financial resources for typhoon and flood prevention, control, and restoration are used for the following purposes:

Article 16

16.1 Repairing, constructing, and upgrading facilities and technical equipment for forecasting and directing typhoon and flood prevention and control.

16.2 Rescuing people and property, and repairing damaged facilities caused by typhoons and floods.

16.3 Mitigating the aftermath of natural disasters.

16.4 Maintaining the organization and operation of flood and typhoon prevention and disaster mitigation teams.

The financial resources for typhoon and flood prevention, control, and restoration by aviation agencies, units, and enterprises are extracted, used, and managed in accordance with current laws.

Article 17

Compensation system for workers involved in typhoon and flood prevention, control, and restoration:

Article 18

18.1 During typhoon and flood rescue and restoration, time spent traveling to the site does not count towards working hours. Each person working at the rescue site for six hours is considered one day's labor, and continuous work should not exceed twelve hours (except in special cases).

18.2 The following individuals are considered directly involved in typhoon and flood rescue and restoration:

Direct labor force (including rescue forces).

Support staff on the worksite.

Command personnel and auxiliary forces.

Ban chỉ huy và các lực lượng hỗ trợ.

18.3 During the rescue and relief period, the salary of the relevant subjects shall be paid at twice the normal daily wage rate, including position salary, rank salary, and other allowances if applicable. If they work night shifts, they will also receive an additional 30% of the normal daily wage rate.

18.4 During the rescue and relief period, those directly participating in rescue and relief efforts for typhoons and floods shall be provided with meals during their shifts and two main meals without charge.

PART IV

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 19

Organizations and individuals who have achievements in forecasting, preventing, and mitigating the consequences of floods and typhoons, such as preventing acts that damage infrastructure facilities and transportation means of the Aviation sector, and flood and typhoon prevention works, shall be rewarded according to the state's regulations and those of the Aviation sector.

Article 20

Any person who engages in acts of destroying, damaging, or obstructing flood and typhoon prevention and control activities without complying with the mobilization by competent state authorities when floods or typhoons occur, taking advantage of floods or typhoons to appropriate state, collective, or individual property, or violating other legal provisions on flood and typhoon prevention and control, shall be subject to administrative penalties or criminal prosecution depending on the nature, severity of the violation, and the resulting consequences.

Article 21

Any person who lacks a sense of responsibility in forecasting work, making warning decisions, abandoning their post during duty shifts as stipulated in flood and typhoon prevention and control work, misusing authority to embezzle funds, materials, money, and relief goods for flood and typhoon prevention and mitigation, covering up for violators of laws on flood and typhoon prevention and control, or violating the provisions of this regulation shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature, severity of the violation, and the resulting consequences.

Article 22

Any person who violates laws on flood and typhoon prevention and control causing losses to the state, organizations, or individuals, in addition to being dealt with according to Articles 19 and 20 of this regulation, must also compensate for the losses in accordance with current laws.

CHAPTER V

IMPLEMENTATION PROVISIONS AND SCOPE OF APPLICATION

Article 23

This regulation applies to flood and typhoon prevention and control, and mitigation of other natural disasters (if any), in the Aviation sector.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

This regulation shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations concerning flood and typhoon prevention and control in the Aviation sector that conflict with this regulation shall be abolished. Any difficulties encountered during implementation should be promptly reported to the Flood and Typhoon Prevention and Control Steering Committee of the Ministry of Transport for timely amendments and supplements to ensure compliance.