Decree No. 94/2007/ND-CP On Airspace Management

DECREE

On the management of flight activities

__________

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Transport.

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree specifies the organization and use of airspace; issuance of flight permits; coordination in managing civil and military flight activities; and management of special flight activities.

2. This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the organization and use of airspace; issuance of flight permits; coordination in managing civil and military flight activities; and management of special flight activities.

Chapter II

ORGANIZATION AND USE OF AIRSPACE

Article 2. Organization of Airspace for Civil Flight Activities

1. The airspace of Vietnam serving civil flight activities includes:

a) Civil airport airspace, joint-use airport airspace;

b) Air routes;

c) Areas serving general aviation activities;

d) Areas for fuel dumping, baggage and cargo release for civil aircraft.

2. The portion of the notified airspace over international waters managed by Vietnam.

Article 3. Air Routes

1. Air routes include international air routes and domestic air routes, established on the following basis:

a) International air traffic needs;

b) Domestic flight activity requirements;

c) Requirements and capabilities to provide flight support services, aviation security, and safety;

d) Requirements and capabilities to manage and protect airspace; ensuring national defense and security;

đ) In line with the planning for the development of the Vietnamese civil aviation industry and the air transport plan of the International Civil Aviation Organization.

2. Domestic air routes are air routes with both starting and ending points within the territory of Vietnam; the width is 20 kilometers, in exceptional cases up to 30 kilometers; the lower limit is the lowest safe altitude for flight. Domestic air routes are designated with the letter W and numbered sequentially using Arabic numerals.

3. International air routes are air routes within Vietnamese airspace with a width of 30 kilometers, in the portion of the notified airspace over international waters managed by Vietnam, the width is 90 kilometers; the lower limit is the lowest safe altitude for flight. International air routes are designated with the letters A, B, G, L, M, N, P, R and numbered using Arabic numerals.

Article 4. Establishment, Adjustment, Revocation, and Announcement of Air Routes

1. The Ministry of Transport shall submit to the Prime Minister for decision on the establishment, adjustment, and revocation of domestic air routes after obtaining the unified opinion of the Ministry of National Defense.

2. The Ministry of Transport shall unify opinions with the Ministry of National Defense regarding the establishment and revocation of international air routes, agree with the International Civil Aviation Organization, and submit to the Prime Minister for decision.

3. The Civil Aviation Administration of Vietnam shall coordinate with relevant agencies of the Ministry of National Defense to determine the parameters of air routes; notify the International Civil Aviation Organization, relevant organizations and individuals, and announce in the Aeronautical Information Publication (AIP) about the air routes.

Article 5. Principles for Using Air Routes

1. International air routes are used for international flights and domestic flights. Domestic air routes are used for domestic flights.

2. The regular use of domestic air routes for international flights when necessary must be agreed upon by the Ministry of Transport and the Ministry of National Defense and submitted to the Prime Minister for decision.

3. In exceptional circumstances, the flight permit issuing authority may allow individual international flights to use domestic air routes after obtaining the unified opinion of the Air Combat Department of the Ministry of National Defense.

Article 6. Airport Airspace

1. Airport airspace is the airspace above airports, serving aircraft takeoff, landing, and holding patterns at airports. Airport airspace has horizontal and vertical limits appropriate to each specific airport.

2. Airport airspace is established based on the following factors:

a) Ensuring safety for flight activities within and around the airport area;

b) Requirements for takeoff and landing of aircraft types in operation;

c) Equipment and communication, navigation, surveillance facilities.

3. The boundaries of airport airspace for each specific airport are determined in the Flight Rules in the Airport Area as stipulated in Article 13 of this Decree.

Article 7. Establishment, adjustment, revocation, and announcement of no-fly zones and restricted flight zones

1. For the purpose of ensuring national defense, security, and social safety, the Ministry of National Defense shall submit to the Prime Minister for decision on the establishment, adjustment, or revocation of no-fly zones and restricted flight zones after obtaining the opinion of the Ministry of Transport.

2. In cases where temporary no-fly or restricted flight decisions are stipulated in Clause 2, Article 85 of the Civil Aviation Law of Vietnam, the General Staff shall immediately notify air navigation service providers and aviation information service providers to implement measures to ensure flight safety; in situations where aerial circumstances threaten national security, the Commander of the Air Defense-Air Force Command shall take action, notify air navigation service providers, aviation information service providers, and related units to implement measures to ensure flight safety and report immediately to the General Staff; such decisions shall take effect immediately.

3. The Civil Aviation Administration of Vietnam shall notify the International Civil Aviation Organization, relevant agencies and units, and publish in the Aeronautical Information Publication (AIP) regarding no-fly zones and restricted flight zones that have been established or revoked as prescribed in Clause 1 of this Article.

4. Aviation information service providers participating in the provision of services shall immediately notify the Civil Aviation Administration of Vietnam and relevant agencies and units; aviation information service providers shall issue appropriate Notice to Airmen (NOTAM) regarding no-fly zones and restricted flight zones that have been established or revoked as prescribed in Clause 2 of this Article.

Article 8. Determination and Announcement of Hazardous Areas

1. The Operations Department of the Ministry of National Defense shall determine and notify air navigation service providers and aviation information service providers about hazardous areas at least twenty-four (24) hours before activities that pose a danger to civil aviation operations commence; in emergency situations arising from air defense combat, air control centers of the Air Defense-Air Force Command must immediately notify aviation information service providers to inform relevant organizations and individuals.

2. Notifications from the Operations Department of the Ministry of National Defense and air control centers of the Air Defense-Air Force Command regarding hazardous areas shall include the following information:

a) Position determined according to the VN-2000 or WGS-84 coordinate system;

b) Horizontal limits, vertical limits;

c) Effective period of the hazardous area;

d) Activities causing danger;

đ) Warning for flight activities;

e) Information that must be kept secret for national security purposes (if applicable).

3. Aviation information service providers participating in the provision of services shall immediately notify the Civil Aviation Administration of Vietnam and relevant agencies and units; aviation information service providers shall issue appropriate Notice to Airmen (NOTAM) regarding hazardous areas established as prescribed in Clause 1 of this Article.

Article 9. Flight Zones Serving Common Aviation Activities

1. Flight zones serving common aviation activities are defined for each type of operation, with horizontal and vertical limits; they have rules, methods of flight, and requirements for providing services to ensure flight operations.

2. Based on operational needs, the Ministry of National Defense shall decide on the establishment of flight zones serving common aviation activities upon the proposal of the Ministry of Transport.

Article 10. Fuel Dumping Area, Baggage and Cargo Release Area, and Other Object Release Area from Aircraft

1. The fuel dumping area, baggage and cargo release area, and other object release area from aircraft shall be established for each civil airport with horizontal and vertical limits as prescribed in the Airport Control Zone Operating Regulations under Article 13 of this Decree.

2. The establishment of the fuel dumping area, baggage and cargo release area, and other object release area from aircraft must ensure safety and environmental hygiene for people, property, and ground facilities.

3. The Civil Aviation Authority of Vietnam shall announce the fuel dumping area, baggage and cargo release area, and other object release area from aircraft.

Article 11. Air Traffic Service Provider's Responsibility Area

1. The air traffic service provider's responsibility area is the airspace and ground control area, including the ground control area, airport control area, approach control area, en route control area, and advisory control area.

2. The air traffic service provider's responsibility area has horizontal and vertical limits and is determined based on the following factors:

a) Ensuring full information provision for operating aircraft;

b) Types and density of flight activities;

c) Terrain characteristics and weather conditions in the area;

d) Activities of air traffic control units and military organizations.

3. Based on the quality of air traffic services provided and the type of flight rules, the airspace control responsibility area of the air traffic service provider is classified as follows:

a) Class A airspace is airspace that only allows instrument flight rule (IFR) flights; such flights are provided with air traffic control services and separated from each other.

b) Class B airspace allows both IFR and visual flight rule (VFR) flights; such flights are provided with air traffic control services and separated from each other.

c) Class C airspace allows both IFR and VFR flights; such flights are provided with air traffic control services; IFR flights are separated from other IFR flights and VFR flights; VFR flights are separated from IFR flights and informed about other VFR flights.

d) Class D airspace allows both IFR and VFR flights; such flights are provided with air traffic control services; IFR flights are separated from other IFR flights and informed about VFR flights; VFR flights are informed about other flights.

e) Class E airspace allows both IFR and VFR flights; IFR flights are provided with air traffic control services and separated from other IFR flights; all flights are informed about air operations according to actual conditions; Class E airspace is not used as a control responsibility area.

f) Class F airspace allows both IFR and VFR flights; IFR flights are separated if actual conditions permit and receive flight information services if requested.

g) Class G airspace allows both IFR and VFR flights and provides flight information services if requested.

4. The Director of the Civil Aviation Authority of Vietnam shall determine the scope, horizontal and vertical limits, and publish in the Aeronautical Information Publication (AIP) the responsibility areas of air traffic service providers after obtaining the consensus of the Air Defense and Air Force Command.

Article 12. Flight Procedures

1. Flight procedures include takeoff, approach, landing, holding pattern flight, and flight over the airport airspace.

2. The establishment of flight procedures must be based on the following factors:

a) Airport infrastructure structure;

b) Navigation aids and surveillance equipment;

c) Airport terrain and obstacles around the airport;

Point d) Density of aircraft operations;

d) No-fly zones, dangerous areas, air defense combat waiting zones, and military activity zones.

3. The Director of the Civil Aviation Administration of Vietnam shall establish flight procedures for civil aviation activities at civilian airports and notify the Air Defense and Air Force Command; establish flight procedures for civil aviation activities at shared-use airports after obtaining the agreement of the Air Defense and Air Force Command.

4. The Commander of the Air Defense and Air Force Command shall establish flight procedures for military aviation activities at shared-use airports after obtaining the agreement of the Civil Aviation Administration of Vietnam.

Article 13. Flight Regulations in the Airport Area

Clause 1. Flight regulations in the airport area include the following contents:

Point a) General principles;

Point b) Airport description;

Point c) Airport area;

Point d) Assurance of communication and radio technical equipment and lighting;

Point đ) Assurance of meteorology and bird activity notifications;

e) Flight control;

Point g) Flight practice;

Point h) Rules for regaining orientation in the airport area;

Point i) Search and rescue and emergency operations at the airport;

Point k) Related appendices.

2. Authority to issue Flight Regulations in the Airport Area

a) Flight regulations in the airport area of domestic airports shall be issued by the Director of the Civil Aviation Administration of Vietnam and notified to the Air Defense and Air Force Command;

b) Flight regulations in the airport area of international airports shall be issued by the Director of the Civil Aviation Administration of Vietnam after obtaining the agreement of the Air Defense and Air Force Command;

c) Flight regulations in the airport area of shared-use airports of domestic airports shall be issued by the Director of the Civil Aviation Administration of Vietnam after obtaining the agreement of the Commander of the Air Defense and Air Force Command;

d) Flight regulations in the airport area of shared-use airports of international airports shall be jointly issued by the Director of the Civil Aviation Administration of Vietnam and the Commander of the Air Defense and Air Force Command and submitted to the Chief of General Staff for approval.

Article 14. Use of Alternate Airports

1. An alternate airport is an airport that an aircraft can land at when it cannot or should not land at the intended destination airport, including:

a) Takeoff alternate airport means an airport where an aircraft can land immediately after takeoff if necessary and cannot use the departure airport;

b) En-route alternate airport means an airport where an aircraft can land after encountering an emergency or abnormal situation during long-haul flights;

c) Destination alternate airport means an airport where an aircraft can land when it cannot or should not land at the intended destination airport.

2. An alternate airport must ensure minimum conditions regarding runway, taxiway, parking position, technical systems, equipment, services to ensure flight operations, and other necessary services.

3. The Director of the Civil Aviation Administration of Vietnam shall decide on the list of alternate airports serving civil aviation activities after obtaining the agreement of relevant agencies of the Ministry of National Defense.

4. The Civil Aviation Administration of Vietnam shall announce alternate airports for international flights in the Aeronautical Information Publication (AIP); alternate airports for domestic flights in the Flight Regulations in the Airport Area.

Chapter III

FLIGHT PERMITS

Article 15. Authority to Issue, Amend, and Revoke Flight Permits

1. The Consular Department of the Ministry of Foreign Affairs shall issue, amend, and revoke flight permits for flights specified in point a, Clause 2, Article 81 of the Civil Aviation Law of Vietnam;

2. The Operations Department of the Ministry of National Defense shall issue, amend, and revoke flight permits for flights specified in point b, Clause 2, Article 81 of the Civil Aviation Law of Vietnam.

3. The Civil Aviation Administration of Vietnam shall issue, amend, and revoke flight permits for flights specified in point c, Clause 2, Article 81 of the Civil Aviation Law of Vietnam, among which the following flights shall only be permitted after obtaining the agreement of the Operations Department of the Ministry of National Defense:

a) Flights landing or taking off at military airports;

b) Flights transporting military personnel, weapons, and war equipment;

c) Flights conducted in no-fly zones, restricted zones, and dangerous zones;

d) Helicopter flights;

e) Flights conducted in Vietnamese airspace but outside air routes, outside areas serving general aviation activities, and outside airport airspace;

f) Flights of foreign government aircraft;

g) International flights using domestic air routes as stipulated in Clause 3, Article 5 of this Decree;

h) Flights conducted with piloted balloons;

i) Flights conducting special aviation activities.

4. For flights carrying nuclear waste, the issuance of flight permits shall only be carried out after the Prime Minister's approval.

5. On holidays, weekends, outside regular working hours, or in emergency situations, the Civil Aviation Administration of Vietnam may delegate the authority to issue, amend, and revoke flight permits for the following flights to air navigation service providers:

a) Flights transporting mechanics, engines, equipment, and supplies for repairing faulty aircraft or transporting passengers, baggage, cargo, mail, and parcels of faulty aircraft;

b) Search and rescue, emergency medical, and humanitarian flights;

c) Domestic airport transfer flights; technical inspection flights;

d) Flights of Vietnamese official aircraft;

e) Amending the following contents of flight permits: air route, points of entry and exit from Vietnamese airspace; changing aircraft for non-commercial reasons; changing aircraft for commercial reasons for domestic flights; changing departure and arrival airports outside Vietnam for flights passing through Vietnamese airspace.

6. Air traffic controllers directly controlling flights have the right to issue appropriate instructions to aircraft to ensure safe flight operations.

7. Authorities issuing flight permits shall publicly announce their permit issuance addresses.

Article 16. Application for Flight Permit and Related Documents

1. The aircraft operator, air carrier, or authorized person (hereinafter referred to collectively as the flight permit applicant) shall submit the application for flight permit to the flight permit issuing authority as specified in Clauses 1, 2, 3, and 4 of Article 15 of this Decree.

2. The application for flight permit shall include the following contents:

a) Name, postal address, telegraph address of the aircraft operator, the carrier;

b) Aircraft type, flight number, registration number, nationality of the aircraft, and maximum take-off weight;

c) Flight route or airspace serving general aviation activities;

d) Air route; entry and exit points of Vietnam's airspace;

đ) Date of flight execution; estimated takeoff time, landing time, or estimated time passing through entry and exit points of Vietnamese airspace (time is calculated as twenty-four (24) hours in a day and is Coordinated Universal Time UTC);

e) Purpose of the flight;

g) Number of seats and payload.

3. For flights conducting general aviation activities, the flight permit applicant must submit a flight plan along with the application for flight permit.

4. The application for flight permit for hot air balloons shall include the contents stipulated in Clause 2 of this Article and the following contents:

a) Take-off and landing airport or balloon release location (VN 2000 or WGS-84 coordinates);

b) Operating time (hour, day, month, year);

c) Maximum altitude;

d) Hot air balloon flight path and direction;

đ) Identification characteristics;

e) Equipment, communication devices;

g) Other notes.

5. The flight permit applicant shall be responsible for the truthfulness and accuracy of all information and documents related to the flight.

Article 17. Deadline for Submitting Application for Flight Permit, Issuance and Amendment of Flight Permit

1. Not later than thirty (30) days before the expected date of flight execution for the following cases:

a) Regular international flights arriving from and departing to Vietnam;

b) Regular international flights passing through Vietnamese airspace;

c) Regular domestic flights.

2. Not later than ten (10) days before the expected date of flight execution for the following cases:

a) Test flights, demonstration flights, display flights;

b) Flights serving scientific research, national economic activities, cultural, and sports activities;

c) Flights of foreign military aircraft conducting civil aviation activities in Vietnam.

3. Not later than seven (07) days before the expected date of flight execution for the following cases:

a) Foreign VIP charter flights carrying guests of the Party and State and escort or advance flights for such charter flights; other foreign charter flights and escort or advance flights for such charter flights;

b) International charter flights, additional flights to and from Vietnam;

c) Foreign government aircraft flights not falling under the provisions of Clause 2 of this Article.

4. Not later than three (03) working days before the expected date of flight execution for the following cases:

a) Non-regular flights over Vietnam's airspace or technical landings in Vietnam;

b) Flights implemented pursuant to decisions of the Court or competent state authorities of Vietnam;

c) Flights implemented pursuant to aircraft lease, purchase, or sale contracts;

d) Flights transferring international airports;

đ) Flights serving the specific needs of agencies, organizations, and individuals;

e) Humanitarian flights;

g) Other general aviation flights.

5. Not later than twenty-four (24) hours before the expected time of flight execution for the flights stipulated in point c of Clause 5 of Article 15 of this Decree.

6. No deadline applies for the following cases:

a) Emergency flights;

b) Flights stipulated in points a, b, d of Clause 5 of Article 15 of this Decree;

c) Amendments to flight permits stipulated in point đ of Clause 5 of Article 15 of this Decree.

7. The deadlines for submission of applications for issuance and amendment of special aircraft flight permits, escort flights, advance flights, shall be carried out in accordance with regulations on ensuring special aircraft operations.

8. The flight permit issuing authority shall be responsible for reviewing and notifying the flight permit to the applicant within the following deadlines:

a) Fifteen (15) days from the date of receipt of the application for the cases stipulated in Clause 1 of this Article;

b) Seven (07) days from the date of receipt of the application for the cases stipulated in Clause 2 of this Article;

c) Five (05) days from the date of receipt of the application for the cases stipulated in Clause 3 of this Article;

d) Two (02) working days from the date of receipt of the application for the cases stipulated in Clause 4 of this Article;

đ) Twelve (12) hours from the time of receipt of the application for the case stipulated in Clause 5 of this Article;

e) The flight permit issuing authority shall immediately respond to the applicant for the case stipulated in Clause 6 of this Article.

9. In the event that the application for flight permit is submitted beyond the deadline, the flight permit issuing authority shall consider factors such as the reason for late submission, the nature, necessity of the flight, and related issues to decide on granting or refusing the flight permit.

10. The Civil Aviation Authority of Vietnam shall guide and evaluate compliance with aviation safety and security standards for airlines prior to issuing a flight permit for air transport flights arriving from and departing to Vietnam; when necessary, the Civil Aviation Authority of Vietnam shall assess the capacity of foreign civil aviation authorities to supervise aviation safety and ensure aviation security. The flight permit applicant must submit necessary documents as required by the Civil Aviation Authority of Vietnam for evaluation purposes along with the application for flight permit.

Article 18. Content of Flight Permit

1. The content of the flight permit includes:

a) Name and address of the entity granted flight permission; name and address of the aircraft operator;

b) Number of flight permissions issued;

c) Type of aircraft, flight number, registration number, and nationality of the aircraft;

d) Flight route or airspace serving general aviation activities;

đ) Airway; points of entry and exit from Vietnamese airspace;

e) Estimated takeoff and landing times or estimated times of passage through entry and exit points of Vietnamese airspace (time calculated within twenty-four (24) hours of the day and in Coordinated Universal Time (UTC));

g) Purpose of the flight;

h) Value of the time of execution of the flight permission;

i) Designation of air traffic control agency (if necessary);

k) Other provisions of the flight permission.

2. The flight permit for hot air balloons includes the contents prescribed in Clause 1 of this Article and the following contents:

a) Take-off and landing airport or balloon release location (VN 2000 or WGS-84 coordinates);

b) Operating time (hour, day, month, year);

c) Maximum altitude;

d) Hot air balloon flight path and direction;

đ) Identification characteristics;

e) Communication equipment;

g) Other notes.

Article 19. Effectiveness of Flight Permit

1. The implementation time of each flight is determined based on the content of the issued flight permission.

2. The flight permit for landing at Vietnamese airports is valid from one (01) hour before the time recorded in the flight permit to twenty-four (24) hours after the landing time recorded in the flight permit.

3. The flight permit for takeoff at Vietnamese airports is valid within a period of twenty-four (24) hours, starting from the time of planned takeoff recorded in the flight permit. In case of an early takeoff request not exceeding one (01) hour compared to the planned takeoff time recorded in the flight permit, the flight can only be carried out after obtaining approval from the air navigation service provider and the National Air Traffic Management Center of the Air Defense-Air Force Command.

4. The flight permit for flights over Vietnamese airspace is valid within a period from one (01) hour before the time recorded in the flight permit to seventy-two (72) hours after the time recorded in the flight permit.

Article 20. Amendment, Revocation of Flight Permit

1. The issuing authority may revoke the flight permit for the following reasons:

a) Security and defense;

b) Safety of the flight;

c) Public order and public interest;

d) Protection of state interests;

đ) As provided for in international treaties to which the Socialist Republic of Vietnam is a member;

e) The applicant provides false information or engages in other deceptive acts.

2. When wishing to change the content of the issued flight permit, the applicant must submit a request for amendment of the flight permit to the issuing authority.

3. The applicant must notify the issuing authority before the scheduled implementation time if the flight has been cancelled after being granted a permit.

Article 21. Issuance of Flight Permit

1. The issuing authority is responsible for sending the issued, amended, or revoked flight permit to the applicant and the National Air Traffic Management Center.

2. The Operations Department of the Ministry of National Defense and the Consular Department of the Ministry of Foreign Affairs are responsible for sending the issued, amended, or revoked flight permit to the Civil Aviation Administration of Vietnam and air navigation service providers.

3. The Civil Aviation Administration of Vietnam is responsible for sending the issued, amended, or revoked flight permit to air navigation service providers and relevant airport authorities.

Article 22. Procedure for Receiving Flight Notification for Flights Over, Within the Part of the International Sea Air Traffic Control Area Managed by Vietnam 1. The aircraft operator, carrier, or authorized person for flights over, within the part of the international sea air traffic control area managed by Vietnam (hereinafter referred to as the flight notification sender) shall submit a request for air traffic service provision to the air navigation service provider within the following timeframes:

a) Thirty (30) days before the planned date of the flight for regular flights;

d) Airway; entry and exit points of the air traffic control area;

b) One (01) hour before the planned time of the flight for non-regular flights.

2. The flight notification shall include the following contents:

a) Name, postal address, telegraph address of the aircraft operator, the carrier;

b) Aircraft type, flight number, registration number, nationality of the aircraft, and maximum take-off weight;

c) Flight route or airspace serving general aviation activities;

đ) Date of the flight; estimated time of passing through the entry and exit points of the air traffic control area (time counted as twenty-four (24) hours in a day and in Coordinated Universal Time UTC);

3. For flights conducting general aviation activities, the aircraft operator must submit a flight plan along with the flight notification.

e) Purpose of the flight.

4. The flight notification for hot air balloons includes the contents prescribed in Clause 2 of this Article and the following contents:

a) Hot air balloon release location coordinates VN 2000 or WGS-84;

6. The air navigation service provider is responsible for reviewing and notifying the approval of air traffic service provision to the flight notification sender.

b) Operating time (hour, day, month, year);

c) Maximum altitude;

d) Hot air balloon flight path and direction;

đ) Identification characteristics;

e) Equipment, communication devices;

g) Other notes.

5. The flight notification sender shall be responsible for the truthfulness and accuracy of all information and documents related to the flight.

6. The enterprise providing non-stop services shall be responsible for examining and notifying the approval of providing air traffic service assurance to the sender of the flight notification.

Article 23. Establishment and Implementation of Flight Operation Plans

1. Air navigation service providers shall establish civil flight operation plans on a seasonal and daily basis and submit them to the National Air Traffic Management Center.

2. The National Air Traffic Management Center shall compile the overall national flight operation plan and implement it for airspace management units and air traffic control units under the Ministry of National Defense; manage and direct the overall national flight operation plan; and submit military flight operation plans related to civil aviation activities to air navigation service providers.

3. Air navigation service providers shall be responsible for compiling civil flight operation plans and military flight operation plans related to civil aviation activities and submitting them to Civil Aviation Port Authorities and relevant air navigation service providers.

4. Civil Aviation Port Authorities shall be responsible for implementing flight operation plans to relevant agencies, civil aviation port enterprises, and service providers at civil aviation airports and airfields.

 

Chapter IV

COORDINATION IN MANAGEMENT CIVIL AND MILITARY FLIGHT OPERATIONS

Article 24. Organization of Airspace and Development of Flight Procedures Serving Military Flight Operations Affecting Civil Aviation

The organization of airspace and development of flight procedures serving military management and operations that affect civil aviation must have the unified opinion of the Vietnam Civil Aviation Authority based on the provisions of Chapter II of this Decree, ensuring effective use of airspace, safety, and optimal utilization of services, equipment, and facilities for flight operations.

Article 25. Control of Flights

1. Air navigation service providers shall control flights conducting civil air transport activities and other flights authorized by the flight permit authority in writing, depending on their service capacity. The air traffic control unit of the Ministry of National Defense shall control flights conducting military flight operations and other flights authorized by the flight permit authority in writing, depending on their service capacity.

2. When there are mixed civil and military flight operations, direct command and control within the shared airport airspace shall be conducted from a combined command post.

3. During civil aviation training flights in the airport airspace, the training facility must have a pilot in command of the training aircraft.

4. The control of military aircraft operating in airways, areas serving general air transport operations, and airport airspace must be based on agreements between air navigation service providers and military air traffic control authorities.

5. The coordination and control of flight operations shall be carried out according to the following principles:

a) Air traffic controllers shall coordinate for flight operations in airways and civilian airport airspace;

b) Implement the Airport Common Area Flight Regulations for flight operations in shared airport airspace;

c) Military flight commanders shall coordinate for flight operations outside the areas specified in point a of this clause;

6. Air navigation service providers shall be responsible for collecting and compiling information related to flight operations they provide services for in international maritime areas under Vietnam's management and reporting it to the National Air Traffic Management Authority of the Ministry of National Defense.

Article 26. Air Separation Between Military Aircraft and Civil Aircraft

The air separation between military aircraft and civil aircraft shall be carried out according to the Civil Aviation Air Traffic Control Regulations or the Flight Rules of the Ministry of National Defense, choosing the safer standard.

Article 27. Use of Information, Navigation, Surveillance Services; Meteorological Services; Aeronautical Information Services; Aeronautical Search and Rescue Services

1. The provision of information, navigation, surveillance services; meteorological services; aeronautical information services; and aeronautical search and rescue services for flight operations shall be based on contracts.

2. The Civil Aviation Administration of Vietnam shall have the responsibility to notify relevant agencies and units of the Ministry of National Defense about frequencies belonging to civil aviation operations.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Responsibilities of the Ministry of Transport

1. The Minister of Transport shall stipulate the organization and management of flight operations security; standards, conditions, and procedures for issuing operating licenses for service providers ensuring flight operations, technical systems, equipment ensuring flight operations, and aviation personnel including the following documents:

a) Civil Aviation Air Traffic Control Regulations;

b) Aeronautical Information Service Regulations;

c) Civil Aviation Navigation, Surveillance Information Regulations;

d) Civil Aviation Meteorological Regulations;

e) Civil Aviation Search and Rescue Regulations.

2. The Director of the Civil Aviation Administration of Vietnam shall provide professional guidance related to the management of flight operations as follows:

a) Aviation maps, diagrams;

b) Civil aviation air traffic control methods;

c) Operation of air traffic control facilities;

d) Establishment of civil aviation flight methods;

e) Navigation characteristics;

f) Operation of dependent or independent takeoff and landing runways;

g) Information, navigation, surveillance equipment installation and equipment;

h) Meteorological aviation equipment;

i) Airport operation under all weather conditions;

j) Measurement units;

k) Air-ground communication methods;

l) Coordination of service provision agreements ensuring flight operations;

m) Inspection and calibration of information, navigation, surveillance equipment installation and equipment;

n) Issuance of flight permits.

Article 29. Effective Date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and revoke Decree No. 25/2000/NĐ-CP dated August 1, 2000 of the Government on the management of civil aviation flight operations in Vietnam.

Article 30. Implementation

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 related organizations and individuals are responsible for implementing this Decree./.