Decree No. 20/2009/NĐ-CP on the management of aviation obstacle heights and airfield management and protection zones in Vietnam

DECREE

On the management of aviation obstacles and air defense zones in Vietnam

_______________________

THE GOVERNMENT

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

Based on the Law on National Defense dated June 14, 2005;

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

Pursuant to the Ordinance on Protection of National Defense Works and Military Areas dated May 19, 1994;

Upon the proposal of the Minister of National Defense,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the height limits for aviation obstacles at military airports, shared-use airports, and air defense zones; aviation obstacle warnings; planning for construction of military airports, shared-use airports, and air defense zones; regulations on the management of building heights; responsibilities of agencies, organizations, and individuals to ensure safety and efficiency of aviation activities and air defense zones in Vietnam.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals in Vietnam and foreign organizations and individuals related to the management of aviation obstacles and air defense zones in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Aviation obstaclesare natural or artificial objects (fixed or mobile) that may affect the safety assurance of flight operations or the normal operation of communication and radar navigation stations and air defense zones.

2. Management of aviation obstacle heightsincludes the following tasks: implementing approval of building heights, inspecting, supervising, relocating objects, announcing, and notifying obstacle heights to relevant agencies, organizations, and individuals to ensure safety for all flight operations and the normal operation of air defense zones.

3. Airportis a defined area constructed to ensure aircraft takeoff, landing, and movement, including:

b) Planned airports within the national airport system;

c) Landing zones designated for helicopter takeoff and landing;

c) Helipad, is a designated area for helicopter takeoff and landing;

d) Runway, is a dual-purpose road (dual-use road) determined to be usable for aircraft takeoff and landing when necessary.

4. According to their purpose, airports are classified as follows::

a) Military airport, is an airport serving military purposes;

b) Shared-use airport, is an airport serving both military and civilian purposes.

5. Air defense zoneis an area designated for managing, detecting, monitoring flight activities, and protecting airspace.

6. Takeoff and landing stripis an area within an airport designated for aircraft takeoff and landing.

7. Runway thresholdis the starting point of the takeoff and landing strip that can be used for aircraft takeoff and landing.

8. Hazard warning lightis a light used to warn of aviation hazards.

9. Safety area headis an extended area of the takeoff and landing strip aimed at reducing the risk of aircraft safety loss during takeoff and landing.

10. Safety area shoulderis part of the flight path located along the sides of the takeoff and landing strip to reduce the risk of aircraft safety loss during takeoff and landing.

11. Airport elevationis the height of the highest point on the takeoff and landing strip relative to mean sea level.

12. Airport reference pointis a conventionally defined point indicating the location of an airport.

13. Airport vicinity airspaceis the airspace with a radius of 30 kilometers centered on the airport reference point.

14. Fragile objectis an object designed and manufactured to reduce the danger to aircraft upon impact.

15. Obstruction maskingoccurs when an obstruction exists next to another higher obstruction according to the principle of shadowing.

16. Obstacle limitation surfaceis a surface limiting the maximum height of objects ensuring safety for aircraft during takeoff, climb, cruise, turn, descent, and landing phases; ensuring normal operation for air defense zones.

17. Flight path stripis a rectangular area with dimensions specified in Appendix I and Appendix II of this Decree.

18. Aviation obstacle warninginvolves marking, painting signs, installing hazard warning lights, or placing markers and flags on obstacles so that pilots can clearly see the warning from a safe distance in all directions while flying.

19. Airport clear zoneis the airspace where aircraft can safely perform takeoff climb, descent, landing, and flight along airport routes.

Article 4. Planning for military airports, shared-use airports, and air defense and airspace management sites.

1. Planning for the construction of military airports (including military airports, takeoff and landing areas, airport runways), shared-use airports, and air defense and airspace management sites must be consistent with the national defense strategy and the provisions set forth in Section 1 of Chapter II of this Decree, while also meeting the needs for economic and social development of the country.

2. The construction zones for military airports and air defense and airspace management sites must comply with the laws on land and the regulations on aviation obstacle height stipulated in this Decree.

3. Construction works established before the effectiveness of this Decree that affect military airports, shared-use airports, and air defense and airspace management sites shall be reviewed and handled in accordance with the law.

4. The Prime Minister approves the overall planning for the development of shared-use airports and military airports. The Minister of National Defense approves the planning for the system of air defense and airspace management sites.

5. Ministries, sectors, and localities when establishing, reviewing, and approving general master plans or detailed master plans for urban areas, high-rise residential areas, and industrial infrastructure areas (in cases where there is no general master plan), must have a written agreement from the General Staff of the Vietnam People's Army regarding the management of clearances.

Article 5. Prohibited Acts

1. The acts specified in points c, g, h, i, k, n of Clause 1, Article 12 of the Civil Aviation Law of Vietnam.

2. Granting construction permits or installing facilities without the approval of the competent authority as stipulated in Clause 5 of Article 4, Article 14, and Article 16 of this Decree.

3. Not implementing or improperly implementing aviation warnings for facilities as specified in Article 8 and Appendix IV of this Decree, except in cases approved separately by the clearance authority of the Ministry of National Defense.

Chapter II

MANAGEMENT OF AVIATION OBSTACLE HEIGHTS AND AIR DEFENSE AND AIRSPACE MANAGEMENT SITES

SECTION 1. LIMIT SURFACES FOR OBSTACLES AND AVIATION OBSTACLE WARNINGS

Article 6. Limit surfaces for obstacles

1. Airports must determine limit surfaces for obstacles according to flight paths and airport levels. The dimensions of the limit surfaces for obstacles for airports are specified in Appendices I and II of this Decree.

2. The limit surfaces for obstacles for air defense and airspace management sites are specified in Appendix III of this Decree.

Article 7. Flight paths

All airports must define flight paths, the dimensions of which are specified in Appendices I and II of this Decree. The Ministry of National Defense specifies the flight paths for each airport.

Article 8. Obstacles requiring aviation warnings

1. The following obstacles must be subject to aviation warnings:

a) Those exceeding the height above the obstacle surface limits of the airport;

b) Located within the vicinity of an airport, with a height exceeding 45 meters above the airport elevation;

c) With a height exceeding 45 meters above natural ground level;

d) Obstacles specified in Appendix IV of this Decree.

2. Special cases exempted from aviation warnings are decided by the Operations Department of the General Staff of the Vietnam People's Army.

SECTION 2. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE MANAGEMENT OF AIRCRAFT OBSTRUCTION HEIGHTS

Article 9. Responsibilities and Authorities of the Ministry of National Defense

1. To take the lead and coordinate with the Ministry of Construction, the Ministry of Transport, relevant ministries, sectors, and provincial people's committees (hereinafter referred to as provincial-level people's committees) to unify the management of aircraft obstruction heights for airports and air defense sites. Based on the nature of airport operations, air defense site conditions, actual topographical conditions, urban spatial development needs, and standards stipulated in Appendices I, II, and III of this Decree, organize management, approve construction height, facilitate economic and social development, and effectively utilize national airspace resources.

2. To take the lead and coordinate with the Ministry of Transport and relevant provincial-level people's committees to develop comprehensive plans for the development of military airports, shared-use airports, and submit them to the Prime Minister for approval; to take the lead in organizing, reviewing, and approving plans for the system of air defense sites.

3. Based on defense tasks, comprehensive plans for the development of the national airport system, detailed plans for individual airports, and systems of air defense sites that have been approved by competent authorities, unify with relevant ministries, sectors, and localities regarding construction heights for master planning projects, detailed construction planning projects for industrial zones, cities, residential areas, and other elevation levels.

4. Notify provincial-level people's committees and relevant ministries, sectors about necessary contents to maintain the development plans for military airports, shared-use airports, and air defense site systems that have been approved by competent authorities; publicly disclose airport obstruction surfaces for military airports, shared-use airports, and construction height-limited areas; ensure the confidentiality of military works and air defense combat activities.

5. Coordinate with relevant ministries, sectors, and local governments to manage, prevent, and handle the relocation or lowering of heights of constructions violating obstruction surface limits affecting flight activities and air defense sites; disseminate information to agencies, mass organizations, and community residents near airports, adjacent areas, and air defense sites to participate in maintaining and managing obstruction surface limits, ensuring safety for flight activities, air defense sites, and residential areas.

6. Coordinate with provincial-level people's committees, the Ministry of Construction, and the Ministry of Transport to inspect, examine, and resolve complaints and reports related to compliance with height regulations and aviation warnings.

7. Specify the responsibilities for managing aircraft obstruction surfaces and air defense sites, and aviation warning management for Commanders of military airports, shared-use airports, Commanders of air defense sites, and Commanders of Provincial Military Commands.

Article 10. Responsibilities and Authorities of the Ministry of Construction

1. Lead and coordinate with the Ministry of National Defense and the People's Committee of the province to uniformly manage architecture and construction planning to ensure the operation of airports and air defense areas in Vietnam.

2. Direct the People's Committee of the province to prepare spatial planning projects, unify with the Ministry of National Defense as the basis for issuing construction permits.

Article 11. Responsibilities and Authorities of the Ministry of Transport

1. Coordinate with the Ministry of National Defense and the relevant People's Committee to develop overall plans for military airport systems and joint-use airports, determine aviation obstruction surface limits for joint-use airports.

2. Coordinate with the Ministry of National Defense to uniformly manage the height of structures related to aviation obstruction surface limits for civil aviation airports.

3. Coordinate with the Ministry of National Defense, other Ministries, sectors, and the People's Committee of the province to manage aviation obstruction surfaces, prevent and handle structures violating obstruction surface limits affecting civil aviation operations; disseminate information to agencies, organizations, and communities near airports to participate in maintaining and managing obstruction surfaces, ensuring safety for all flight activities.

4. Organize surveys and draw up obstacle maps in areas of joint-use airports and regions with civil aviation operations; update and publish information on obstacles.

Article 12. Responsibilities and Authorities of the People's Committee of the Province

1. Coordinate with the Ministry of National Defense, the Ministry of Construction, and the Ministry of Transport to develop overall plans for military airport systems and joint-use airports; manage aviation obstruction surfaces. Issue construction permits for structures with heights according to the content and planning projects approved by the competent authority of the Ministry of National Defense as stipulated in Clause 5, Article 4, Clause 3 of this Article, Articles 14, 15, and 16 of this Decree.

2. Lead and coordinate with the Ministry of National Defense, the Ministry of Construction, the Ministry of Transport, and related agencies to relocate or lower the height of structures violating obstruction surface limits affecting flight safety and air defense areas; inspect and handle the installation of aviation warning systems, including structures built before the effective date of this Decree.

3. Lead and coordinate with related Ministries and sectors to develop spatial development plans within the province, unify with the Ministry of National Defense to facilitate investment management and construction permit issuance; review, adjust, and supplement local economic and social development plans in conjunction with overall plans for military airport systems, joint-use airports, and air defense areas.

4. Disseminate information to agencies, organizations, and individuals regarding the maintenance and management of obstruction surfaces to ensure airspace management and protection tasks and flight safety.

Article 13. Responsibilities of Project Investors and Owners of Structures

1. Implement procedures for managing structure heights as stipulated in Clause 5, Article 4, Articles 14, 15, and 16 of this Decree; be responsible for the accuracy of information as stipulated in Article 15 of this Decree.

2. During construction and after completion, comply with maximum height regulations and be responsible for installing aviation warning systems, including structures built before the effective date of this Decree, bear all costs for investment and normal operation of the aviation warning system for the structure.

3. For structures exceeding permitted heights or implementing aviation warnings contrary to regulations, project investors must proceed with relocation or lowering of heights, and correct aviation warnings in accordance with regulations.

PART 3. PROVISIONS ON HEIGHT MANAGEMENT OF CONSTRUCTIONS

Article 14. Construction projects located outside the published airspace clearance planning must be approved by the Ministry of National Defense regarding height management of clearances

1. Constructions exceeding the obstacle surface limits of airports and constructions within the vicinity of airports with a height over 45 meters above airport elevation.

2. Constructions within the range affecting radar coverage, emission surfaces, and signal coverage areas of air defense and airspace protection sites.

3. Constructions with a height over 45 meters above natural ground level, located outside urban planning areas and spaces that have not been unified with the Ministry of National Defense on height regulations as stipulated in Clause 5, Article 4 of this Decree.

4. High-voltage power transmission lines, cable cars, radio wave receiving and transmitting stations.

Article 15. Procedures for requesting approval of construction height

1. For constructions specified in Article 14 of this Decree, the construction permit issuing authority or the project investor and owner must submit a request for approval of construction height to the Operations Department of the General Staff of the Vietnam People's Army.

2. Main contents in the request for approval of construction height:

a) Name, nature, scale of the construction; for radio wave receiving and transmitting stations, frequency band and power must be clearly stated; for high-voltage power transmission lines, voltage, route direction, height of poles, coordinates, natural ground level at pole locations, and sag of the line must be stated; for cable cars, route direction, height of support poles, coordinates, natural ground level at pole locations, and sag of the cable must be stated;

b) Project investor and construction owner, and construction permit issuing authority; address of the organization or individual submitting the request for approval of construction height (telephone number, fax if available);

c) Location of the construction: administrative address, boundary of the land plot, geographic coordinates according to the VN-2000 or WGS-84 coordinate system (longitude and latitude in degrees, minutes, seconds), natural ground level relative to mean sea level;

d) Height of the construction relative to natural ground level;

đ) Map or diagram of the construction area marked with the location of the construction;

e) Construction schedule.

Article 16. Time limit, content, and agency responsible for handling requests for construction height

1. Within no more than 15 days and no more than 30 working days (for high-voltage power transmission line projects under 100km in length and radio wave receiving and transmitting station systems from 10 to 50 stations), starting from the date of receipt of the complete request for approval of construction height as prescribed in Article 15 of this Decree, the Operations Department shall issue a response to the project investor organization or individual, while informing the construction permit issuing authority, the Civil Aviation Administration of Vietnam, and related units.

2. The response must clearly state:

a) Name, nature, scale of the construction project;

b) Project investor;

c) Location of the construction: administrative address, geographic coordinates according to the VN-2000 or WGS-84 coordinate system (longitude and latitude in degrees, minutes, seconds);

d) Maximum allowable construction height relative to natural ground level or mean sea level;

đ) Air traffic warning requirements;

e) Other points of note (if any);

3. Agency receiving and handling requests for construction height:

Operations Department of the General Staff of the Ministry of National Defense.

- Address: No. 1 Nguyen Tri Phuong Street, Ba Dinh District, Hanoi City.

- Telephone: 069.533105, 069.533200; fax: 04.37337994.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect 45 days from the date of issuance; previous regulations on height management of aviation obstacles and air defense and airspace protection sites in Vietnam contrary to this Decree are abolished.

Article 18. Responsibility for Implementation

1. The Minister of National Defense is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.