Circular No. 53/2012/TT-BGTVT on environmental protection in civil aviation activities

CIRCULAR

Rules on environmental protection in civil aviation activitiesg

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Based on the Civil Aviation Law of Vietnam dated June 29, 2006;âBased on the Environmental Protection Law dated November 29, 2005;

CamendBased on Decree No. 51/2008/NĐ-CP dated April 22, 2008;

Pursuant to the proposal of the Director of the Civil Aviation Administration of Vietnam and the Department of Environment;June 2024;Article 1. Scope of regulation and subjects At the proposal of of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

1. This Circular stipulates environmental protection in civil aviation activities in Vietnam.

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

Section 1

GENERAL PROVISIONS

2. This Circular applies to organizations and individuals related to civil aviation activities in Vietnam.The amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

1. The operator of an airport is an organization that has been granted an Airport Operation Certificate pursuant to Article 51 of the Civil Aviation Law of Vietnam.

ENVIRONMENTAL PROTECTION FOR AIRCRAFT OPERATIONS

Article 2. Interpretation of Terms

1. Aircraft operating in Vietnam must comply with noise requirements for aircraft as prescribed 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.

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.

Section 2

2. Aircraft operating in Vietnam must have a Noise Certificate issued by the Civil Aviation Administration of Vietnam, recognized according to Circular No. 01/2011/TT-BGTVT dated January 27, 2011 of the Minister of Transport on the issuance of the Civil Aviation Safety Regulations for aircraft and aircraft operations.

Article 3. Aircraft Noise

Article 4. Aircraft Engine Emissions

1. Aircraft engines operating in Vietnam must comply with engine emissions requirements set 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.

2. The Civil Aviation Administration of Vietnam shall be responsible for researching and proposing to the Ministry of Transport to submit to the Government for approval flight routes capable of reducing fuel consumption and aircraft engine emissions into the atmosphere.

Article 5. Environmental Protection in Aircraft Operations

1. Applying technological solutions and operational procedures for aircraft aimed at minimizing aircraft engine emissions into the atmosphere.

2. Implementing operational procedures for aircraft at airports to minimize aircraft engine emissions into the air, including: Limiting the operation time of aircraft engines during taxiing and pre-takeoff preparation; increasing the use of aircraft tugs to reduce the operation time of aircraft engines without causing congestion in the airfield area.3. Establishing internal procedures for controlling the collection and sorting of waste from aircraft and organizing their implementation.

The aircraft operator shall be responsible for:

4. Using insecticides and cleaning chemicals in aircraft in accordance with the list of chemicals, formulations for insecticides, and disinfectants permitted for registration and use, permitted for registration but restricted use, and prohibited use in Vietnam issued by the Ministry of Health.

5. Specifying procedures for using each type of chemical for insect control and aircraft cleaning to ensure the quality of air in the aircraft meets National Technical Regulations on Ambient Air Quality and National Technical Regulations on Certain Harmful Substances in Ambient Air.

3. Establish internal procedures to control the collection and sorting of waste from aircraft and organize their implementation.

4. Use insecticides and cleaning chemicals on aircraft in accordance with the provisions set out in the List of Chemicals, Formulations for Insect Control, Bacterial Control Allowed for Registration and Use, Allowed for Registration but Restricted Use, and Prohibited Use in Vietnam issued by the Ministry of Health.

5. Specify the procedures for using each type of chemical for insect control and aircraft cleaning to ensure that the air quality inside the aircraft meets the National Technical Regulations on Ambient Air Quality and the National Technical Regulations on Certain Harmful Substances in Ambient Air.

Section 3

ENVIRONMENTAL PROTECTION AT AIRPORTS

Article 6. Environmental protection plan at airports 1. The environmental protection plan at airports includes the following contents:

a) Plan for construction and development of technical infrastructure for environmental protection;

b) Plan for prevention and response to environmental incidents and procedures for responding to environmental incidents;

c) Plan for training and vocational education on environmental protection; propaganda, dissemination, and legal education on environmental protection for staff and employees;

d) Environmental monitoring plan for the airport area;

đ) Financial plan for environmental protection activities.

2. The airport operator and the owners of production, business, and service-providing facilities at airports shall be responsible for developing the environmental protection plan; regularly reviewing and adjusting the environmental protection plan to suit their production, business, and service activities during each period.

3. The Civil Aviation Authority shall be responsible for inspecting and supervising the implementation of the environmental protection plan by the airport operators and production, business, and service-providing facilities at airports.

a) Solid waste transfer point;

Article 7. Technical infrastructure for environmental protection at airports

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

b) Wastewater collection, treatment, and discharge system.

2. The solid waste transfer point must meet the following requirements:

a) Comply with the detailed planning of the airport;

b) Not cause adverse effects on the environment;

c) Not detract from the aesthetic appearance of the airport;

d) Facilitate the transportation of waste in and out.

3. The wastewater collection, treatment, and discharge system must ensure that the quality of discharged wastewater meets the national technical standards for domestic wastewater and industrial wastewater.

4. The airport operator is responsible for constructing and maintaining the operation of the technical infrastructure for environmental protection at the airport.

5. The owner of production, business, and service-providing facilities at the airport is responsible for building technical infrastructure for environmental protection within their scope of operations in coordination with the technical infrastructure for environmental protection at the airport.

a) Constructing the airport noise map according to the guidance of ICAO on methods and procedures; where the isobands in the airport noise map correspond to the limit levels for public and residential buildings as stipulated in the national technical standards on noise issued by the Ministry of Natural Resources and Environment and the occupational health standards issued by the Ministry of Health;

Article 8. Noise Map of Airports and Aerodromes

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

b) Submitting the constructed noise map to the Civil Aviation Administration, the Civil Aviation Authority, and the People's Committee of the district (county) adjacent to the airport for reference when drafting land use plans within and around the airport area.

a) Based on economic and social conditions and the implementation capacity of the airport, determine the list of airports required to construct noise maps corresponding to each phase and notify the airport operators to implement.

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

a) Based on economic and social conditions and the capability of the airport, determine the list of airports that need to develop noise maps for each phase and notify the Airport Operator thereof 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 AirportsdevelopmentThe airport operator is responsible for developing, promulgating, and implementing measures to reduce noise at airports and nearby areas, including:

1. Encouraging the application of flight paths for landing and takeoff that cause the least noise to residential areas.

2. Reducing the time aircraft engines operate within the airport area.

3. Specifying areas for testing aircraft engines that cause the least noise to workers, nearby areas, and applying sound reduction measures in those test areas.

Article 10. Emission Control at Airports

1. The airport operator is responsible for establishing reasonable internal airport traffic routes to minimize the distance traveled by vehicles.

2. The operator of the vehicle and equipment system operating at airports is responsible for developing and implementing emission reduction measures, including:

a) Performing maintenance on vehicle and equipment systems according to prescribed schedules;

d) Having plans to replace and phase out the use of refrigeration equipment using CFC (Chlorofluorocarbon) refrigerants.

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;

3. Aircraft maintenance facilities are responsible for applying measures to reduce emissions from aircraft engines during engine testing. It is encouraged to use exhaust gas collection and treatment systems during engine testing.

1. The airport operator is responsible for:

Article 11. Wastewater Control at Airports

a) Guiding production, business, and service providers at airports to collect and treat wastewater to meet discharge requirements into the airport's wastewater treatment and drainage systems;

b) Organizing the collection and treatment of wastewater from aircraft to meet transportation needs for cargo and passengers and environmental protection regulations at airports.

2. Aircraft maintenance facilities and maintenance facilities for vehicles and equipment at airports are responsible for developing and implementing measures to reduce water pollution, including:

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

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

Article 12. Solid Waste Management at Airports

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.

1. The airport operator and the owners of production, business, and service facilities generating solid waste at airports are responsible for establishing and implementing regulations on the classification, collection, storage, transportation, and disposal of solid waste in accordance with laws on solid waste management.

2. When there is a warning from international health quarantine authorities at airports about dangerous infectious diseases, solid waste from aircraft must be disinfected before disposal according to regulations.

3. The airport operator guides production, business, and service facilities at airports to implement procedures for collecting, treating, and accumulating solid waste at the airport's solid waste transfer station to meet environmental protection requirements at the airport.

4. Organizations and individuals collecting and transporting solid waste at airports must apply measures to prevent dust and solid waste spillage during collection and transportation.

4. Organizations and individuals collecting and transporting solid waste at airports must apply measures to prevent dust emissions and the spillage of solid waste during the collection and transportation of such waste.

Article 13. Management of Hazardous Waste at Airports

1. The operator of airports; the owner of production, business, and service provision facilities at airports that generate hazardous waste must register as a hazardous waste source, organize sorting, and manage hazardous waste in accordance with Circular No. 12/2011/TT-BTNMT dated April 14, 2011, issued by the Minister of Natural Resources and Environment on the management of hazardous waste.

2. Organizations and individuals holding a permit to transport and manage hazardous waste may only transport hazardous waste within the airport area.

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) Develop a prevention plan and emergency response procedures for environmental incidents at airports and be primarily responsible for managing the handling of such incidents;

b) Install and equip common emergency response equipment and guide the owners of production, business, and service provision facilities at airports to install and equip their own emergency response equipment;

c) Training and building local emergency response forces;

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

d) Have the responsibility to implement or request the competent authority to promptly take measures to eliminate the cause of the incident when signs of an environmental incident are detected.

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

a) Summarize production, business, and service activities at airports; predict the likelihood of causing an environmental incident; layout diagrams of areas affected by environmental incidents; name and contact phone number of organizations or individuals who are key contacts in case of an environmental incident;

b) Emergency response scenarios for environmental incidents at airports: site management; cleaning up oil spills and chemical leaks; list of potentially leaking hazardous materials at the site; emergency equipment at the site; environmental parameters to monitor; monitoring, treatment, and restoration procedures.

3. The implementation of emergency response activities for environmental incidents at airports shall be carried out as follows:

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

b) Contact and notify the Civil Aviation Authority and the Civil Aviation Administration of Vietnam to coordinate in resolving the incident;

c) Approach the dangerous area downwind to minimize exposure to toxic fumes and gases;

d) Use container labels, product labels on shipments to identify and provide information about leaked chemicals to those responsible for responding;

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

e) Implement emergency response actions: apply appropriate response methods; establish communication lines; set up response command lines; organize synchronized response coordination;

g) Report in detail all results of the environmental incident response to the Civil Aviation Administration of Vietnam and the Ministry of Transport.

4. The owner of production, business, and service provision facilities at airports that could cause an environmental incident shall be responsible for:

a) Building preventive and response capabilities for environmental incidents consistent with the prevention and response plans of the airport operator;

b) Taking immediate measures to ensure safety for people and property under their management during an environmental incident; organizing rescue operations and promptly informing the airport operator and the Civil Aviation Authority to coordinate in handling the situation.

5. The Civil Aviation Authority shall be responsible for inspecting and supervising the development and implementation of prevention and response plans for environmental incidents at airports.

Article 15. Application of environmental management systems at civil airports

It is encouraged for airport operators; owners of production, business, and service provision facilities at civil airports to study and invest in applying environmental management systems according to ISO 14001 standards at their units to enhance their ability to meet legal requirements for environmental protection; increase competitiveness in service provision; integrate environmental protection plans and programs into a system and increase flexibility when circumstances change; with the goal of sustainable development.

Section 4

ENVIRONMENTAL PROTECTION FOR OTHER ACTIVITIES IN CIVIL AVIATION

Article 16. Environmental protection requirements for the discharge of fuel, cargo, baggage, or other objects from aircrafti the discharge of fuel, unloading of cargo, baggage, or other objects from aircraft

The Civil Aviation Administration of Vietnam is responsible for proposing the Ministry of Transport to announce the areas for discharging fuel, releasing baggage, cargo, and other objects from aircraft in accordance with Article 88 of the Civil Aviation Law of Vietnam and measures to minimize negative impacts on the environment for these areas.

Article 17. Requirements for the use of plant protection productsi the use of plant protection products

Plant protection products used for aerial spraying from aircraft or used at civil airports must comply with the provisions of the list of permitted, restricted, and prohibited plant protection products in Vietnam issued by the Ministry of Agriculture and Rural Development.

Article 18. Environmental protection requirements for equipment emitting radiation

1. Owners of facilities using radiation equipment for luggage inspection, cargo inspection, and medical purposes at civil airports must comply with the laws on radiation safety.

2. Service providers of air traffic control must adhere to the regulations of the law on ensuring radiofrequency radiation safety, radiation limits, and labor hygiene regulations of the Ministry of Health.

Article 19. Reporting System

1. Airport operators report on environmental protection activities at civil airports to the Civil Aviation Administration of Vietnam and the Civil Aviation Port Authority before November 30 each year in accordance with the form prescribed in Appendix 1 of this Circular and bear legal responsibility for the information and data in the report.

2. Aircraft operators report on their environmental protection activities to the Civil Aviation Administration of Vietnam before November 30 each year in accordance with the form prescribed in Appendix 2 of this Circular and bear legal responsibility for the information and data in the report.

3. Owners of production, business, and service provision facilities at civil airports report on their environmental protection activities to the airport operator before October 30 in accordance with the form prescribed in Appendix 3 of this Circular and bear legal responsibility for the information and data in the report.

4. The Civil Aviation Port Authority reports to the Civil Aviation Administration of Vietnam on the results of monitoring, supervising, and evaluating environmental protection activities at civil airports and makes recommendations before December 15 each year.

Article 20. Management of files environmental protection work

1. Airport operators; aircraft operators; production, business, and service provision facilities at civil airports shall establish and manage files related to their environmental protection activities including:

a) Noise certification and related procedures, solutions, lists, and plans concerning environmental protection activities as stipulated in this Circular;

b) Environmental impact assessment reports, environmental protection commitments, detailed environmental protection projects, and simple environmental protection projects that have been approved;

c) Permits for groundwater exploration, exploitation, and use (if applicable);

d) Permits for discharging wastewater into water sources (if applicable);

đ) Certifications confirming the implementation of environmental protection works and measures during the operational phase as required by environmental protection laws (if applicable);

e) Decisions establishing the functions and responsibilities of dedicated or part-time environmental protection departments or individuals;

g) Contracts for waste collection, transportation, recycling, and treatment;

h) Regular environmental monitoring results as reported in environmental impact assessments, environmental protection commitments, detailed environmental protection projects, and simple environmental protection projects that have been approved, and other monitoring results as required by law;

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

2. Environmental protection files serve as a basis for airport operators, aircraft operators, and production, business, and service provision facilities at civil airports to evaluate the results of their environmental protection activities and are a basis for relevant state management agencies to monitor and supervise the enforcement of environmental protection laws at their units.

Section 5

IMPLEMENTATION PROVISIONS

Article 21. Organization of Implementation

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

2. Civil Aviation Port Authorities are responsible for inspecting and supervising compliance with the provisions of this Circular at civil airports.

Article 22. Effectiveness

1. This Circular takes effect from March 1, 2013.

2. Repeal Article 58 of Circular No. 16/2010/TT-BGTVT dated June 30, 2010, issued by the Minister of the Ministry of Transport detailing the management and operation of civil airports and Decision No. 09/2001/QĐ-CHK dated July 5, 2001, issued by the Director of the Civil Aviation Administration of Vietnam on issuing the Environmental Protection Regulations for the Civil Aviation Industry of Vietnam.

Article 1u 23. Implementation Provisions

The Head of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Civil Aviation Administration of Vietnam, Heads of agencies, units, and individuals concerned are responsible for implementing this Circular.

During the implementation of this Circular, if difficulties or obstacles arise, relevant ministries, sectors, localities, organizations, and individuals should promptly reflect them to the Ministry of Transport for guidance or amendment and supplementation as appropriate./.