Circular No. 52/2022/TT-BGTVT on environmental protection in civil aviation activities

CIRCULAR

Article 24REGULATING ENVIRONMENTAL PROTECTION IN CIVIL AVIATION ACTIVITIES

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CBASED ON THE VIETNAM CIVIL AVIATION LAW NO. 66/2006/QH11 dated June 29, 2006;âBASED ON THE LAW AMENDING AND COMPLEMENTING CERTAIN ARTICLES OF THE VIETNAM CIVIL AVIATION LAW NO. 61/2014/QH13 dated November 21, 2014;

BASED ON THE ENVIRONMENTAL PROTECTION LAW NO. 72/2020/QH14 dated November 17, 2020;

CamendBASED ON THE GOVERNMENT DECREE NO. 05/2021/NĐ-CP dated January 25, 2021 ON MANAGEMENT AND EXPLOITATION OF AIRPORTS AND AIRPORT TERMINALS;

BASED ON THE GOVERNMENT DECREE NO. 08/2022/NĐ-CP dated January 10, 2022 DETAILING SOME PROVISIONS OF THE ENVIRONMENTAL PROTECTION LAW;

PURSUANT TO THE DECREE NO. 08/2022/NĐ-CP OF JANUARY 10, 2022 OF THE GOVERNMENT PROVIDING DETAILED RULES ON SOME PROVISIONS OF THE ENVIRONMENT PROTECTION LAW;

Pursuant to Decree No.56/2022DECREES NO. 24 ENVIRONMENTJune 2024;energy 8 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;22 issuedGOVERNMENT RESOLUTION Qstipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION AND THE HEAD OF THE SCIENCE AND TECHNOLOGY DEPARTMENT AND ENVIRONMENT; PROTECTION;

Minister of theinTHE MINISTER OF TRANSPORT ISSUES THIS CIRCULAR REGULATING ENVIRONMENTAL PROTECTION IN CIVIL AVIATION ACTIVITIES.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) THIS CIRCULAR REGULATES ENVIRONMENTAL PROTECTION IN CIVIL AVIATION ACTIVITIES IN VIETNAM;

b) THIS CIRCULAR DOES NOT REGULATE ENVIRONMENTAL IMPACT ASSESSMENTS, ENVIRONMENTAL PERMITS, OR ENVIRONMENTAL REGISTRATIONS.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

THIS CIRCULAR APPLIES TO ORGANIZATIONS AND INDIVIDUALS RELATED TO ENVIRONMENTAL PROTECTION IN CIVIL AVIATION ACTIVITIES IN VIETNAM.

Article 2. Interpretation of Terms

1. THE AIRPORT OPERATOR IS AN ORGANIZATION DIRECTLY OPERATING THE AIRPORT INFRASTRUCTURE AND OTHER ESSENTIAL FACILITIES AT THE AIRPORT, EXCEPT FOR AIR TRAFFIC CONTROL FACILITIES MANAGED AND OPERATED BY AIR TRAFFIC SERVICES COMPANIES AND LICENSED BY THE VIETNAM CIVIL AVIATION ADMINISTRATION WITH AN AIRPORT OPERATING LICENSE.

2. THE AIRCRAFT OPERATOR IS AN ORGANIZATION OR INDIVIDUAL PARTICIPATING IN AIRCRAFT OPERATIONS AS PROVIDED FOR IN ARTICLE 22 OF THE VIETNAM CIVIL AVIATION LAW.

3. THE AIRPORT SPECIAL SERVICES PROVIDER IS AN ORGANIZATION PROVIDING SERVICES INCLUDING:

a) AIR SERVICES ARE SERVICES DIRECTLY RELATED TO AIRCRAFT OPERATIONS, AIR CARRIAGE OPERATIONS, AND FLIGHT OPERATIONS;

b) NON-AIR SERVICES ARE SERVICES PROVIDED AT AIRPORTS AND ON AIRCRAFT BUT DO NOT FALL UNDER AIR SERVICES.

4. THE AIR TRAFFIC SERVICES PROVIDER IS AN ORGANIZATION PROVIDING NECESSARY SERVICES TO ENSURE SAFETY, COORDINATION, CONTINUITY, AND EFFECTIVENESS FOR FLIGHT OPERATIONS, INCLUDING AIR TRAFFIC SERVICES, INFORMATION SERVICES, GUIDANCE SERVICES, SUPERVISION SERVICES, METEOROLOGICAL SERVICES, AIR TRAFFIC INFORMATION SERVICES, AND SEARCH AND RESCUE SERVICES.

Chapter II

ENVIRONMENTAL PROTECTION IN

AEROSPACE OPERATIONS

Article 3. Aircraft Noise

Aircraft operating in Vietnam must comply with the following requirements:

1. Aircraft noise as defined by the International Civil Aviation Organization (ICAO) in Part 2 (Part 2), Volume 1 (Volume 1), Annex 16 (Annex 16) of the Chicago Convention on International Civil Aviation to which Vietnam is a member.

Article 4. EMISSIONSFROMAIRCRAFT ENGINES

Aircraft engines operating in Vietnam must comply with the following requirements:

1. Aircraft engine emissions as defined by ICAO in Chapter 2 (Chapter 2), Part 2 (Part 2) and Chapter 2 (Chapter 2), Part 3 (Part 3), Volume 2 (Volume 2), Annex 16 (Annex 16) of the Chicago Convention on International Civil Aviation to which Vietnam is a member.

Article 5. Environmental protection in aircraft operation

The aircraft operator shall be responsible for:

1. Organizing the collection and sorting of waste from aircraft.

2. Using insecticides and cleaning chemicals on aircraft in accordance with the provisions set out in the List of Chemicals, Insecticides, and Disinfectants for Domestic and Medical Use that are registered for use, registered but restricted use, and prohibited use in Vietnam issued by the Ministry of Health.

Article 6. Control and reduction of emissions and noise from aircraft operations

1. The aircraft operator shall be responsible for:

a) Applying technological solutions in aircraft operation to reduce emissions and noise from aircraft;

b) Coordinating with airport operators, air service providers to optimize takeoff and departure times to minimize engine idling time on aprons, taxiways, and runways;

c) Cooperating with airport operators, ground service units at airports to enhance the use of ground support equipment and minimize the use of aircraft auxiliary power units when the aircraft is parked at the airport, except for factors related to aviation security and safety.

2. Airport operators shall be responsible for coordinating with air service providers and aircraft operators to minimize the operational time of aircraft engines within the airport area.

3. Air service providers shall be responsible for optimizing flight paths, methods of flying, and takeoff and landing trajectories to reduce flight time, noise, and emissions from aircraft.

Chapter III

ENVIRONMENTAL PROTECTION AT AIRPORTS

Article 7. Technical infrastructure for environmental protection at airports

1. The technical infrastructure for environmental protection at airports includes:

a) Systems for collecting, storing, and transporting solid domestic waste, general industrial solid waste, hazardous waste; systems for collecting, treating, and discharging wastewater.

b) Environmental monitoring in the aviation sector;

c) Environmental protection facilities in the aviation sector.

2. Wastewater collection, treatment, and discharge systems within the airport area must ensure that the quality of treated effluent meets national technical standards for domestic wastewater and national technical standards for industrial wastewater before being discharged into receiving water bodies.

3. Systems for collecting, storing, and transporting solid domestic waste, general solid waste, and hazardous waste within the airport area must be constructed and operated in compliance with environmental protection requirements under the Law on Environmental Protection.

4. Airport operators shall be responsible for constructing, maintaining, and ensuring the operation of technical infrastructure for environmental protection at airports.

5. Aviation-related service enterprises operating at airports shall be responsible for constructing technical infrastructure for environmental protection within their scope of activities, ensuring compatibility with the technical infrastructure for environmental protection at airports.

Article 8. Noise Map of Airports and Aerodromes

1. The operator of airports and aerodromes located adjacent to residential areas shall be responsible for:

a) Constructing the noise map of airports and aerodromes according to the guidelines of ICAO in Part 9911 (Doc 9911) Appendix 16 (Annex 16) Volume 1 on methods and procedures; wherein the noise contour in the noise map of airports and aerodromes corresponds to the limits set for public and residential buildings under the National Technical Regulations on Noise issued by the Ministry of Natural Resources and Environment, and occupational safety standards issued by the Ministry of Health;

b) Submitting the constructed noise map to the Civil Aviation Authority of Vietnam, the Airport Control Unit, and the People's Committee of the province in accordance with Clause 14, Article 6 of Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of airports and aerodromes.

2. The Civil Aviation Authority of Vietnam shall be responsible for:

a) Based on economic and social conditions and the implementation capacity of airports and aerodromes, determining the list of airports and aerodromes that need to construct noise maps; updating the noise maps corresponding to each phase and informing the airport and aerodrome operators to implement;

b) Inspecting and supervising the construction of noise maps of airports and aerodromes in accordance with this Circular.

Article 9. Noise Control at Airports and Aerodromes

1. The operator of airports and aerodromes shall be responsible for developing and applying measures to reduce aircraft noise in the airport and aerodrome area and nearby areas including:

a) Coordinating with service providers ensuring flight operations and aircraft operators to minimize engine run-up time within the airfield;

b) Independent engine test areas must have soundproofing measures to minimize noise impact on nearby areas and workers (except for aircraft parking areas attached to maintenance facilities);

2. Managers and operators of aircraft parking areas for maintenance and repair shall be responsible for selecting and arranging engine test areas that cause the least noise impact on workers and nearby areas.

Article 10. Dust and Emission Control at Airports and Aerodromes

1. The operator of airports and aerodromes shall be responsible for establishing reasonable internal traffic routes to minimize the distance traveled by vehicles and equipment operating within the airport and aerodrome area.

2. Organizations operating systems of vehicles and equipment at airports and aerodromes shall be responsible for developing and applying measures to reduce emissions including:

a) Regular maintenance of vehicle and equipment systems in use;

b) Limiting engine operation when vehicles and equipment are temporarily inactive;

c) Applying appropriate speed and acceleration modes when vehicles and equipment operate at airports and aerodromes;

d) Encouraging the use of ground power units and air conditioning equipment using energy-efficient and clean fuel sources;

đ) Having plans to replace and eventually eliminate the use of refrigeration equipment using HCFC (Hydrochlorofluorocarbon) refrigerants;

3. Aircraft maintenance facilities shall be responsible for applying measures to reduce engine emissions during engine testing.

4. Project investors constructing, renovating, upgrading, maintaining, repairing facilities, installing, maintaining, and repairing equipment within the airport and aerodrome area must ensure dust and emission control requirements, preventing dust dispersion and air pollution during construction.

Article 11. Wastewater Control at Airports

1. The airport operator shall be responsible for:

a) Ensuring compliance with the regulations on wastewater collection, treatment, and discharge systems as stipulated in Article 7 of this Circular;

b) Guiding air transport service enterprises operating at airports to collect, treat, and monitor wastewater quality to meet national technical standards before discharging it outside. During operation, measures must be taken to prevent direct or indirect leakage of fuel, oil, chemicals into surrounding areas;

c) Organizing disinfection of wastewater from aircraft according to regulations when notified by the international health quarantine agency about dangerous infectious diseases before treatment.

2. Air transport service enterprises shall be responsible for:

a) Adhering to requirements regarding national technical standards for wastewater before discharging it outside;

b) Connecting their wastewater discharge system to the airport's common wastewater discharge system or to the local drainage network upon approval.

3. Aircraft maintenance facilities, equipment maintenance facilities at airports shall be responsible for establishing and implementing measures to minimize water environmental pollution, including:

a) Preventing direct or indirect leakage of fuel, oil, chemicals into the airport area during aircraft maintenance, operation, and equipment and facility maintenance;

b) Separating oil mixed in wastewater from aircraft maintenance, equipment, and facility operations before discharging it into the airport's wastewater collection and treatment system;

c) Conducting aircraft, equipment, and facility maintenance and washing in areas equipped with oil separation systems from wastewater.

4. Aircraft operators shall be responsible for processing or transferring liquid waste from aircraft to competent units for collection and treatment; ensuring that aircraft liquid waste meets environmental protection laws.

Article 12. Solid Waste Management at Airports

1. Airport operators, air transport service enterprises generating solid waste at airports shall be responsible for:

a) Establishing and implementing regulations on solid waste classification, collection, storage, transportation, and treatment in accordance with the Law on Environmental Protection 2020;

b) Arranging appropriate collection points meeting environmental protection requirements; taking measures to ensure environmental requirements at storage, collection locations, during transportation, or at treatment locations;

c) Organizing disinfection of solid waste from aircraft according to regulations when notified by the international health quarantine agency about dangerous infectious diseases before treatment.

2. Airport operators, air transport service enterprises shall be responsible for installing equipment for solid waste classification at passenger terminals; providing guidance on waste disposal and source separation.

3. Airport operators, aircraft operators, air transport service enterprises shall be responsible for limiting the use of single-use plastic products in production and services; collecting, classifying, recycling, and reusing single-use plastic waste; implementing solutions to reduce, reuse, recycle, and process plastic waste. Plastic waste generated during operations must be collected, classified, and transferred to facilities capable of recycling and processing.

4. Collection and transportation of solid waste at airports must apply measures to prevent dust emissions and spillage.

Article 13. Control of general industrial solid waste and hazardous waste at airports

1. The airport operator, air transport service enterprises generating general industrial solid waste shall be responsible for:

a) Implementing source separation of general industrial solid waste in accordance with Clause 2 of Article 81 of the Environmental Protection Law;

b) Treating or transferring to treatment facilities in accordance with Article 82 of the Environmental Protection Law;

c) In cases where general industrial solid waste mixed with hazardous waste is generated without source separation or cannot be separated, it must be managed in accordance with the regulations on hazardous waste under the Environmental Protection Law.

2. Hazardous waste may not be treated within the airport area. In cases where hazardous waste is generated, declaration, separation, collection, storage, transportation, and treatment must be carried out in accordance with environmental protection laws.

Article 14. Prevention and Response to Environmental Incidents at Airports

1. The airport operator shall be responsible for developing and implementing measures to prevent and respond to environmental incidents at airports, including:

a) Issuing and organizing the implementation of plans to prevent and procedures to respond to environmental incidents at airports and bearing primary responsibility for managing and handling environmental incidents;

b) Installing and equipping common emergency response equipment and instructing air transport service enterprises at airports to install and equip emergency response equipment that is consistent with the airport's equipment;

c) Training and building local emergency response forces;

d) Adhering to labor safety regulations and conducting regular inspections;

đ) Being responsible for taking or proposing competent authorities to take timely measures to eliminate causes of incidents when signs of environmental incidents are detected;

e) Implementing general provisions on prevention and response to environmental incidents as stipulated in Article 121 of the Environmental Protection Law.

2. The plan to prevent and respond to environmental incidents at airports includes the following contents:

a) Overview of production, business, and service activities at airports; prediction of potential for causing environmental incidents; diagrams of areas affected by environmental incidents; names and contact phone numbers of organizations and individuals who are key contacts in case of environmental incidents;

b) Scenarios for responding to environmental incidents at airports: site management; cleaning up oil spills and chemical leaks; list of hazardous materials that may leak at the site; emergency equipment at the site; environmental parameters to monitor; monitoring, treatment, and restoration procedures.

3. Implementation of the plan to respond to environmental incidents at airports shall be carried out as follows:

a) Establishing dangerous zones and isolating non-responsible personnel from the dangerous area;

c) Providing information about the environmental incident to the community to prevent adverse impacts from the environment;

d) Approaching the dangerous zone downwind to minimize exposure to toxic fumes and gases;

đ) Using warning signs and product labels on containers and orders to provide information about leaked chemicals to those responsible for responding;

e) Evaluating the environmental incident based on characteristics: whether there is fire or not, whether there is fuel spillage or leakage, weather conditions, terrain, risks to people, property, and the environment;

g) Practicing responses to environmental incidents: applying appropriate response methods; establishing communication lines; setting up response command lines; organizing synchronized response cooperation;

4. Air transport service enterprises at airports that have the potential to cause environmental incidents shall be responsible for:

a) Developing and implementing their own plans to prevent and respond to environmental incidents, ensuring they are consistent with the airport operator's plans;

b) Taking urgent measures to ensure safety for people and property under their management during environmental incidents; organizing rescue operations and promptly reporting to the airport operator and the Civil Aviation Port Authority for coordinated handling.

5. The plan to respond to environmental incidents provided for in this Article shall be integrated and approved together with other incident response plans.

6. The Civil Aviation Administration of Vietnam shall be responsible for guiding and inspecting the capacity to prevent, warn of, and respond to environmental incidents at airports.

7. The Civil Aviation Port Authority shall be responsible for inspecting and supervising the implementation of plans to prevent and respond to environmental incidents at airports.

Article 15. Requirements for the use of plant protection chemicals and radiation-emitting equipment at airports

2. Radiation and nuclear equipment used at airports must comply with the legal regulations on radiation safety and labor safety as stipulated by the Ministry of Health.

Article 16. Environmental Protection Reports at Airports

1. The content of environmental protection reports at airports shall be in accordance with Circular No. 02/2022/TT-BTNMT dated January 10, 2022, detailing certain provisions of the Law on Environmental Protection, and the annexes attached to this Circular.

2. Airport operators, aircraft operators, and air service providers have the responsibility to prepare reports according to the content specified in Clause 1 of this Article and submit them to the Civil Aviation Authority for consolidation and reporting to the Civil Aviation Administration of Vietnam.

Article 17. Environmental Protection Records

Airport operators, aircraft operators, and air service providers have the responsibility to establish and manage records related to their environmental protection activities, including:

1. Environmental permits, environmental registrations, and decisions approving environmental impact assessment reports as prescribed by the Law on Environmental Protection.

2. Documentation regarding noise requirements as stipulated by this Circular.

3. Documentation concerning the transfer of household solid waste, general industrial solid waste, hazardous waste, and liquid waste to collection, transportation, and treatment facilities.

4. Monitoring records and environmental monitoring results (if applicable).

5. Inspection results on environmental protection activities by competent authorities (if applicable).

6. Emergency response plans for environmental incidents (if applicable).

7. Environmental protection activity reports as stipulated in Article 16 of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Implementation Organization

1. The Civil Aviation Administration of Vietnam is responsible for implementing this Circular.

2. Airport Authorities are responsible for supervising compliance with the provisions of this Circular at airports.

Article 19. Effective Date

1. This Circular takes effect from March 1, 2023, and replaces Circular No. 53/2012/TT-BGTVT dated December 25, 2012, issued by the Minister of Transport on environmental protection in civil aviation activities.

2. Abolish Article 1 of Circular No. 28/2020/TT-BGTVT dated October 29, 2020, issued by the Minister of Transport amending and supplementing certain articles of Circulars on periodic reporting systems in the aviation sector.

3. In cases where referenced documents in this Circular are amended, supplemented, or replaced, the provisions of those amended, supplemented, or replaced documents shall apply.

4. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, the Director of the Civil Aviation Administration of Vietnam, Directors of Airport Authorities, Heads of agencies, units, and individuals concerned are responsible for enforcing this Circular.