Decree No. 30/2011/NĐ-CP on the management and protection of safety technical zones for military antenna systems

 

DECREE

ON THE MANAGEMENT AND PROTECTION OF TECHNICAL SAFETY ZONES FOR MILITARY ANTENNA SYSTEMS

THE GOVERNMENT

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of Law on National Defense dated June 14, 2005;

On the basis of Law on Radio Frequency dated December 4, 2009;

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

Upon the proposal of the Minister of National Defense,

DECREE

Chapter 1.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates technical safety zones, management, and protection of technical safety zones for military antenna systems of strategic and operational units of the Vietnam People's Army (hereinafter referred to as the military antenna system).

Article 2. Applicability

This Decree applies to agencies, units, organizations, and individuals, both Vietnamese and foreign, engaged in activities related to technical safety zones of the military antenna system in Vietnam.

Article 3. Explanation of Terms

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

1. The military antenna system is a combination of antenna equipment deployed in the antenna field, used for radiating or receiving electromagnetic waves in space to serve national defense tasks, classified as type 1 national defense works and military areas.

2. The outer edge of the military antenna field is a closed line formed by the outermost points of the military antenna system.

3. The technical safety zone of the military antenna system is the distance from the outer edge of the military antenna field outward to the surrounding area, including land, water, air, and underground, necessary to ensure the normal operation of the military antenna system.

4. Antenna obstacles are barriers, reflective objects, or radiators created naturally or artificially that affect the transmission and reception of electromagnetic waves in space by the military antenna system, such as residential buildings (group of houses), groups of trees, dense forests, power lines, workshops, urban areas, industrial zones, transportation routes, and radio frequency transmission stations.

Article 4. Principles of Management and Protection of Technical Safety Zones for Military Antenna Systems

1. The military antenna system must be secured for safety and operate normally to serve national defense tasks.

2. Proactively prevent violations of technical safety zones of the military antenna system; all acts infringing upon the security, safety, and normal operation of the military antenna system must be detected, prevented, and dealt with promptly and thoroughly in accordance with the provisions of the law.

3. Handling violations of technical safety zones of the military antenna system and remedying consequences caused by such violations must prioritize ensuring the security, safety, and normal operation of the military antenna system.

4. Closely integrate the requirements for managing and protecting the military antenna system with the requirements for economic and social development of the country.

Chapter II.
MANAGEMENT AND PROTECTION OF TECHNICAL SAFETY ZONES FOR MILITARY ANTENNA SYSTEMS

Article 5. Regulations on Technical Safety Zones for Military Antenna Systems

The technical safety zone for the military antenna system depends on the technical characteristics of the antennas and is specified as follows:

1. For communication antenna systems (radio transmission centers, radio reception centers, satellite information), the technical safety zone is 2,000 meters, measured from the outer edge of the military antenna field outward.

2. For technical reconnaissance antenna systems (directional antennas, shortwave reception antennas, and satellite reception antennas), the technical safety zone is 3,000 meters, measured from the outer edge of the military antenna field outward.

3. For radar and electronic warfare antenna systems, the technical safety zone is 5,000 meters, measured from the outer edge of the military antenna field outward.

The minimum distance of obstacles within the technical safety zone from the outer edge of the military antenna field is specified in the annex accompanying this Decree.

Article 6. Management of the safety technical corridor of military antenna systems

1. All military antenna systems must have their safety technical corridors defined to ensure the normal operational requirements of the antenna system and prevent factors that may harm or cause technical safety issues for the antenna system.

2. The outer edge of the military antenna site must be marked on-site with boundary markers and signs. The safety technical corridor of the military antenna system shall be delineated on the cadastral map of the area and documented in writing between the People's Committee of the district, county, town, or provincial city and the unit managing the antenna system.

3. Military antenna systems must maintain management records for the safety technical corridor. These management records shall be managed according to regulations concerning classified documents. The Ministry of National Defense shall specify the procedures for establishing management records for the safety technical corridor.

4. Any organization or individual planning or constructing projects related to the scope of the safety technical corridor of military antenna systems must comply with regulations governing the management of the safety technical corridor of military antenna systems and obtain written approval from the Ministry of National Defense before approving or constructing the project.

Article 7. Protection of the safety technical corridor of military antenna systems

1. The unit managing the antenna system has direct responsibility for protecting the antenna system and the military area under its management. The People's Committee of the district, county, town, or provincial city has the responsibility to coordinate with the unit managing the military antenna system in protecting the safety technical corridor of the military antenna system within its jurisdiction.

2. Strictly prohibited is the construction of residential buildings or economic civilian facilities violating the provisions of Clause 4, Article 5 of this Decree.

3. Within 500 meters from the outer edge of the military antenna site, the following activities are prohibited:

a) Exploration and exploitation of mineral resources;

b) Hunting, blasting;

c) Tourism, filming, photography, and group activities (except for fire prevention, firefighting, rescue operations).

4. Within the safety technical corridor of the military antenna system, the following are permitted:

a) Construction of lightning protection structures, fire and explosion prevention facilities ensuring the operation of the military antenna system according to technical requirements;

b) Agricultural, forestry, and fishery cultivation;

c) Construction of small and medium-scale irrigation works, flood and storm protection embankments without violating the provisions of Clause 4, Article 5 of this Decree.

5. Using the safety technical corridor of the military antenna system for purposes other than those specified in Clauses 3 and 4 of this Article requires permission from the Prime Minister.

6. Every organization and individual has the responsibility to cooperate with the command of the unit managing the military antenna system to organize prompt prevention and handling when there is a risk or occurrence of fire or explosion incidents in the safety technical corridor area; report to local authorities or competent agencies to handle violations of regulations regarding the management and protection of the safety technical corridor of the military antenna system.

Article 8. Planning and Construction of Military Antenna Systems

1. Planning and construction of military antenna systems must be consistent with national defense tasks and the provisions of Article 5 of this Decree, while also aligning with overall socio-economic development plans, construction plans, and other approved plans.

2. When planning and constructing military antenna systems, the location and scope of deployment must be selected to meet technical requirements and ensure the normal operation of the military antenna system.

3. Planning and construction of military antenna systems must be integrated with the protection of natural resources, the environment, historical and cultural relics, scenic spots, and must respect the legitimate rights and interests of organizations and individuals.

Chapter III.
RESPONSIBILITIES FOR THE MANAGEMENT AND PROTECTION OF THE SAFETY TECHNICAL CORRIDOR OF MILITARY ANTENNA SYSTEMS

Article 9. Responsibilities of the Ministry of National Defense

1. Take the lead and coordinate with relevant ministries, sectors, and localities to determine the technical safety zone of military antenna systems in accordance with this Decree.

2. Coordinate with the Ministry of Natural Resources and Environment, local authorities, and related agencies in managing and using land within the technical safety zone of military antenna systems in accordance with laws on land and this Decree.

3. Direct units managing military antenna systems to coordinate with People's Committees of districts, counties, towns, and cities under provinces to determine the technical safety zone of military antenna systems and organize inspections of compliance with regulations on management and protection of the technical safety zone of military antenna systems within their jurisdiction.

4. Inspect, investigate violations, and resolve complaints and denunciations related to construction, management, and protection of the technical safety zone of military antenna systems within their authority.

Article 10. Responsibilities of Ministries and Sectors

1. Take the lead and coordinate with the Ministry of National Defense in planning, approving programs, and projects within the scope of management of the ministry or sector, in conjunction with management and protection of the technical safety zone of military antenna systems.

2. Coordinate with the Ministry of National Defense to guide implementation of regulations on management and protection of the technical safety zone of military antenna systems within the scope of management of the ministry or sector.

Article 11. Responsibilities of People's Committees of Provinces and Central Cities

1. Take the lead and coordinate with the Ministry of National Defense and related ministries and sectors to review and adjust supplementary plans for economic and social development of localities in conjunction with management and protection of the technical safety zone of military antenna systems.

2. Direct People's Committees of districts, counties, towns, and cities under provinces to coordinate with units managing military antenna systems to determine the technical safety zone of military antenna systems and prepare cadastral maps of the area.

3. Coordinate with the Vietnam Fatherland Front and direct social organizations to promote education and ensure strict compliance with regulations on management and protection of the technical safety zone of military antenna systems.

4. Handle violations of regulations on construction, management, and protection of the technical safety zone of military antenna systems within their authority.

Chapter 4.
IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Decree takes effect from June 20, 2011.

2. For military antenna systems where the technical safety zone is affected by obstacles existing before the effective date of this Decree, the managing unit must organize an assessment to determine the degree of impact and find measures to address it; if the managing unit cannot resolve it independently, they shall report to the Ministry of National Defense to coordinate with relevant organizations and individuals with authority to resolve it in accordance with the law while ensuring the rights and legitimate interests of all parties.

Article 13. Responsibility for Implementation

1. The Ministry of National Defense is responsible for taking the lead and coordinating with relevant ministries and sectors to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.

 

 

ANNEX

MINIMUM DISTANCE OF OBSTACLES WITHIN THE TECHNICAL SAFETY ZONE FROM THE OUTSIDE EDGE OF THE MILITARY ANTENNA FIELD
(Annexed to Decree No. 30/2011/NĐ-CP dated May 6, 2011 of the Government)

Unit of measurement: Meter

Note: "0" means no regulation.