Decree No. 32/2016/ND-CP on the management of aviation obstacle height and control zones for airspace protection in Vietnam.

DECREE

Regulations on the management of aviation obstacle heights

and air traffic control zones, airspace protection areas in Vietnam

___________

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

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

At the proposal of the Minister of National Defense,

The Government promulgates this Decree stipulating the management of aviation obstacle heights for military airports, civil airports, joint-use airports, special-purpose airports, ground and water landing zones, artificial structures, air traffic control zones, airspace protection areas, and aviation radio stations; aviation obstacles warnings; planning construction of military airports, civil airports, joint-use airports, air traffic control zones, airspace protection areas, and aviation radio stations; height of structures; responsibilities of agencies, organizations, and individuals in managing aviation obstacle heights, air traffic control zones, and airspace protection areas in Vietnam.

PART I

GENERAL PROVISIONS

This Decree applies to agencies, organizations, and individuals in Vietnam and foreign organizations and individuals related to the management of aviation obstacle heights, air traffic control zones, airspace protection areas, and aviation radio stations in Vietnam.

1. Aviation obstacles are natural or artificial objects (fixed or mobile) located on land, water, or artificial structures that may affect the safety of flight operations or the normal operation of air traffic control zones, airspace protection areas, and aviation radio stations.

Article 3. Explanation of Terms

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

a) Operational airports;

b) Planned airports within the national airport system;

c) Landing zones designated for helicopter takeoff and landing;

d) Airport roads, dual-use roads defined for aircraft takeoff and landing when necessary;

đ) Water landing strips, areas of sea, river, lake surfaces designated for seaplane takeoff and landing.

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

a) Civil airports serve civil purposes;

b) Military airports serve military purposes;

c) Joint-use airports serve both military and civil purposes;

d) Special-purpose airports serve only general aviation purposes or passenger, baggage, cargo, mail transportation without public transport.

5. Air traffic control and airspace protection zones are areas defined for the purpose of managing, detecting, monitoring flight activities, and protecting airspace.

6. Runway is a defined area within an airport or water landing strip for aircraft takeoff and landing.

7. Runway threshold is the starting point of the runway portion used for aircraft landing.

8. Hazard warning lights are lights used to warn aircraft of dangers during air operations.

9. Runway end safety area is an extended area of the runway aimed at reducing the risk of loss of safety for aircraft during takeoff and landing.

10. Side safety area is a part of the flight path along the sides of the runway aimed at reducing the risk of loss of safety for aircraft during takeoff and landing.

11. Airport elevation is the highest point on the runway above mean sea level.

12. Airport reference point, ground landing zone, artificial structure, water landing strip reference point is a geographic location marked by coordinates VN-2000 or WGS-84.

13. Airport airspace is an aerial area with horizontal and vertical limits suitable for each airport, serving aircraft takeoff, landing, and holding patterns over the airport.

14. Adjacent complex terrain of the airport is an area with complex terrain or affected by restricted flight zones where circling or takeoff and landing maneuvers cannot be established.

15. Fragile object is a small object designed to break, bend, or deform easily to minimize danger to aircraft upon impact.

16. Shadowing is the study of existing terrain, objects, artificial structures to calculate the appropriate height of new artificial structures. Shadowing applications must ensure flight safety, and the height of new structures must lie below the sloping surface limit at 10% from the top of existing objects.

17. Obstacle surface is the maximum height limit of objects ensuring safety for aircraft during takeoff, climb, cruise, turn, descent, and landing phases; ensuring normal operation for air traffic control zones, airspace protection areas, and aviation radio stations.

19. Aviation obstacle warnings involve marking, painting signs, installing hazard warning lights, placing signs, or planting flags on obstacles so that pilots and crews can see the warnings from a safe distance in all directions while flying.

20. Airport clear zone is the surrounding airspace around the airport where no obstacles affecting the safety of aircraft takeoff and landing are allowed. The airport clear zone has obstacle surfaces appropriate to the airport category.

20. Airport clear zone is the surrounding airspace around the airport where no obstacles that affect the safety of aircraft takeoff and landing are permitted. The airport clear zone has obstacle limitation surfaces appropriate to the airport's classification.

22. Special flight zones are the airspace above the national administrative centers of provinces and centrally administered cities established for parade and review flights.

Article 4. General provisions on planning construction, managing the airspace clearance of military airports, civil airports, shared-use airports, dedicated airports, ground and water landing areas, artificial structures, airspace management sites, and radio communication stations and sites.

1. Planning for the construction of military airports, civil airports, shared-use airports, dedicated airports, landing areas, runways, water landing strips, artificial structures, and airspace management sites must comply with the national defense strategy and the provisions of Articles 5, 6, and 7 of this Decree, while also meeting the needs for economic and social development of the country.

2. The construction areas for military airports, civil airports, shared-use airports, dedicated airports, ground and water landing areas, artificial structures, airspace management sites, and radio communication stations and sites must comply with the laws on land, defense facility protection, military zones, and the height obstacle regulations for aviation stipulated in this Decree.

3. Approval authority for planning

a) The Prime Minister approves the overall development plan.

Chapter II

HEIGHT OF OBSTACLES FOR AVIATION AND AIRSPACE MANAGEMENT SITES

Section 1

LIMITING SURFACES OF OBSTACLES AND OBSTRUCTION LIGHTS FOR AVIATION

Article 5. Limiting surfaces of obstacles

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

3. The minimum distance to ensure technical safety of radio communication stations and sites in Vietnam from obstacles is specified in Appendix V attached to this Decree.

Article 6. Flight Path Zone

All land and water airports must determine flight path zones with dimensions specified in Appendix I and Appendix II issued together with this Decree. The General Staff of the Vietnam People's Army shall specify the dimensions of the flight path zone for each airport.

Article 7. Obstacles Must Be Marked for Aviation

1. The following obstacles must be marked for aviation:

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

b) Located within the vicinity airspace of the airport, at a height of 45 meters or more above the airport elevation;

c) Located outside the vicinity airspace, at a height of 45 meters or more above natural ground level;

d) Those specified in Appendix IV issued together with this Decree.

2. Exemptions from marking for aviation shall be considered and decided by the Operations Department of the General Staff of the Vietnam People's Army and stated in the approval document for construction project heights.

Section 2

MANAGEMENT OF CONSTRUCTION HEIGHT

Article 8. General Provisions on Management of Construction Height

1. Ministries, sectors, and provincial People's Committees directly under the Central Government (hereinafter referred to as provincial People's Committees) before approving general planning schemes or detailed planning schemes for urban areas, high-rise residential areas, industrial infrastructure areas, economic zones, special zones, and high-tech zones must obtain opinions from the General Staff of the Vietnam People's Army to unify the management surface of construction height. The opinion document of the General Staff of the Vietnam People's Army shall be implemented according to the procedures and formalities prescribed in Articles 10 and 11 of this Decree.

2. Local authorities responsible for issuing construction permits must comply strictly with the regulations on construction height already approved by competent state agencies as stipulated in Point b Clause 3 Article 4 and Article 11 of this Decree.

Article 9. Projects and Construction Works Requiring Approval for Management of Construction Height

1. Construction works exceeding the height above the airport obstacle surface planning and those located within the vicinity of the airport at a height of 45 meters or more above the airport elevation.

2. Construction works exceeding the height above the published aviation obstacle surface area or at a height of 45 meters or more above natural ground level, located outside the planned urban areas and spaces that have been unified with the General Staff of the Vietnam People's Army regarding height as stipulated in Point b Clause 3 Article 4 and Article 8 of this Decree.

Article 10. Procedures for Requesting Approval of Construction Height

1. Documents for requesting approval of construction height:

a) A request for approval of construction height carried out according to Form No. 01-ĐNCTĐC (for organizations) and Form No. 02-ĐNCTĐC (for individuals) in Appendix VI issued together with this Decree;

b) A copy of the map or spatial diagram of the construction site area with the location of the construction marked;

c) A copy of one of the documents proving ownership, management, and use of the construction work or residence in accordance with the law.

3. Address for receiving applications for approval of construction height from organizations, individuals, and investors:

a) Receiving agency: Operations Department of the General Staff of the Vietnam People's Army;

b) Address and mail box: No. 1 Nguyen Tri Phuong Street, Ba Dinh District, Hanoi City;

c) Contact number: 069 696 172; 069 696 108; fax: 04.37337994.

Article 11. Resolution of Requests for Approval of Construction Heights

a) Fifteen (15) working days for residential building projects, urban areas, high-rise housing areas, industrial infrastructure technical zones, lighting pole systems in the airspace clearance areas at the front of airports, and constructions specified in Clause 1 and Clause 2 of Article 9.

b) Twenty (20) working days for economic zone construction projects, special zones, and high-tech industrial parks.

c) Thirty (30) working days for cable car projects, high-voltage power transmission lines under 100 kilometers in length, and wireless transmission station systems with between ten (10) and fifty (50) stations.

d) Forty-five (45) working days for high-voltage power transmission lines over 100 kilometers in length, and wireless transmission station systems with more than fifty (50) stations.

4. The construction height approval document shall contain the following basic contents:

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

b) Project investor, owner of the construction project;

c) Location of the construction project: Administrative address, geographic coordinates according to the WGS-84 coordinate system (longitude, latitude in degrees, minutes, seconds), and VN 2000 if the construction project is outside the airport vicinity;

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

đ) Aviation warning instructions;

e) Validity period of the construction height approval document;

g) Other Notes (if any).

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE MANAGEMENT OF AIRCRAFT OBSTRUCTION HEIGHTS AND CONTROL AREAS

Article 12. Responsibilities of the Ministry of National Defense

Based on the nature of activities at military airports, civilian airports, shared-use airports, specialized airports, land and water runways, artificial structures, and control areas protecting airspace, actual terrain conditions, shadowing principles, urban space development needs, and standards stipulated in Appendices I, II, III, IV, and V issued together with this Decree, establish aircraft obstruction surface limits according to safety and efficiency principles, organize the management and approval of construction heights, facilitate economic and social development, and effectively utilize national spatial resources.

2. Guide provincial People's Committees to establish general planning projects for building urban areas, high-rise residential zones, industrial infrastructure zones, economic zones, special zones, high-tech zones after receiving unified documents from the General Staff of the Vietnam People's Army to serve as the basis for issuing construction permits.

1. Take the lead, coordinate with the Ministry of National Defense and relevant provincial People's Committees to develop a comprehensive plan for the national civil airport system for submission to the Prime Minister for approval, excluding military airports and dedicated-use airports.

3. Coordinate with the Ministry of National Defense, relevant ministries, sectors, and provincial People's Committees to manage aviation obstacle surfaces, prevent and handle structures violating aviation obstacle surfaces affecting civil flight activities; disseminate and promote to agencies, organizations, and local communities near airports to participate in maintaining and managing aviation obstacle surfaces, ensuring safety for all flight activities.

4. Organize surveys, draw obstacle diagrams and maps in areas of civil air operations; update and publish information on obstacles and direct competent authorities of the Ministry of Transport to cooperate with functional agencies of the Ministry of National Defense and People's Committees at all levels in managing aviation obstacle surfaces.

5. Direct the Civil Aviation Administration of Vietnam to coordinate with relevant agencies and units to implement management of aviation obstacle surfaces at civil airports and aviation radio stations.

Article 15. Responsibilities of the Provincial People's Committee

Article 16. Responsibilities of project investors and owners of works

1. Implement procedures for requesting approval of the height of the work as prescribed in Articles 9, 10, and 11 of this Decree; bear responsibility for the accuracy of information as prescribed in Article 10 of this Decree.

2. Adhere to regulations on permitted building heights and be responsible for investment in installation and maintenance of normal operation of the aviation warning system for the work.

3. Be subject to inspection and supervision by competent authorities regarding implementation of permits and contents stipulated in the construction permit, approvals for static clearance heights, and installation of the aviation warning system.

Chapter IV

IMPLEMENTING PROVISIONS

Funding for planning, establishment, publication, management of the surface of obstacles affecting aviation, control zones, airspace protection areas, and aviation radio stations and transmitters shall be guaranteed from the state budget according to the current budget classification. Budget estimates, management, and settlement of accounts shall be carried out in accordance with the State Budget Law and detailed regulations and guidance on its implementation.

Article 18. Transitional Provisions

For constructions commenced before the effective date of this Decree, if there has been no approval of height from the competent state authority and it violates the management of obstacle heights affecting aviation, it shall be handled as follows:

2. In cases where the management of obstacle heights affecting aviation does not meet the regulations, the competent state authority shall handle it in accordance with the law.

Article 19. Effective Date

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

Article 20. 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 centrally-administered city People's Committees, and relevant agencies, organizations, individuals in Vietnam and foreign organizations and individuals shall be responsible for implementing this Decree./.