Decree No. 32/2016/ND-CP dated May 06, 2016 on management of obstacle height control, airspace control and air defense systems in Vietnam

DECREE

MANAGEMENT OF OBSTACLE HEIGHT CONTROL, AIRSPACE CONTROL AND AIR DEFENSE SYSTEMS IN VIETNAM

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

Pursuant to the Law on National Defense dated June 14, 2005;

Pursuant to the Law on Civil aviation dated June 29, 2006;

Pursuant to the Law on amendments to the Law on Civil aviation dated November 21, 2014;

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

At the request of the Minister of National Defense,

The Government promulgates a Decree on management of height control, airspace control and air defense systems in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for limits on heights of aviation obstacles for military airports, civilian airports, joint-use airports, dedicated airports, land runways and water runways, construction works, airspace control and air defense systems, aeronautical radio stations; aviation obstacle warning, planning for construction of military airports, civilian airports, joint-use airports, airspace control and air defense systems, aeronautical radio stations, height of construction works, responsibility of organizations and individuals in management of height of aviation obstacles, airspace control and air defense systems.

Article 2. Regulated entities

This Decree applies to Vietnamese, foreign organizations and individuals relevant to height control, airspace control and air defense systems, aeronautical radio stations in Vietnam.

Article 3. Definitions

For the purpose of this Decree, the terms below are construed as follows:

1. “aviation obstacle” means a natural or artificial, fixed or moving object, on land or water, or an artificial work that might affect aviation activities, airspace control and air defense systems and aeronautical radio stations.

2. “ height control” includes approving height of construction works, inspection, supervision, relocation of objects, informing relevant organizations and individuals of obstacle heights to ensure aviation safety, airspace control and air defense systems and aeronautical radio stations in Vietnam.

3. “airport” means an area for airplanes to take off, land and move. Airports include:

a) Airports in use;

b) Future airports in the national airport system planning;

c) "helipad” means an area for helicopters to take off and land;

d) “road runway” means a road that can be used for takeoff and landing where necessary;

dd) “water airstrip” means the area on a water surface for seaplanes to take off and land.

4. Airports are classified as follows according to their purposes:

a) Civilian airports are airports serving civil purposes;

b) Military airports are airports serving military purposes;

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

d) Dedicated airports are airports that only serve general aviation, transport of passengers, luggage, cargoes or packages that are not public transportation.

5. “airspace control and air defense system” is an area dedicated for airspace control and air defense systems.

6. “runway” means an area in the airport, on land or water for airplanes to take off and land.

7. “runway threshold" means the beginning of the runway designated for landing.

8. “warning light” means a light used for giving warnings against danger to airplanes.

9. “overrun area” means the extended area of the runway to minimize risks to airplanes during takeoff or landing.

10. “airstrip corridor” means the area along the runway to minimize risks to airplanes during takeoff or landing.

11. “airport elevation” means the elevation of the highest point on the runway from the average sea level.

12. “reference point” of an airport, land runway, artificial work, water airstrip is the point that marks its geographical location according to VN-2000 or WGS-84.

13. “aerodrome traffic zone” means the aerial space with horizontal limits and vertical limits suitable for the airport, serving takeoff, landing and holding.

14. “lateral clearance zone” means an area with complex terrain and obstacles or that is affected by the no-fly zone or restricted airspace in which take-off, landing or turn is not viable.

15. “breakable object” means a light object that is breakable, flexible or malleable to reduce danger to airplanes in case of collision.

16. “drafting” means the use of terrain, existing obstacles and construction works to calculate appropriate heights of new construction works. Drafting must ensure flight safety and the height of a new construction work must be at least 10% lower than the surface of the existing object.

17. “obstacle limitation surface” (OLS) means a surface that set the height limits of objects therein to ensure safety during takeoff, climb, turn, descent, landing of airplanes, airspace control and air defense systems and aeronautical radio stations.

18. “airstrip” on land or water means a rectangle area with dimensions specified in Appendix I and Appendix II hereof.

19. “obstacle warning” means the warning marks, lights, signs or flags that can be recognized by the pilot or flight crew from any direction.

20. “clearance zone” of an airport means the space around the airport in which obstacles that affect the safety of airplanes during takeoff or landing are prohibited. The obstacle limitation surfaces of clearance zones of an airport shall be suitable for the class of such airport.

21. “clearance zone” of airspace control and air defense systems and aeronautical radio stations is the obstacle limitation surfaces appropriate for their location and functions in order to ensure no obstacles affecting radio transmission of the airspace control systems and aeronautical radio stations.

22. “special airspace” means the airspace above national administrative centers of provinces that have established corridors serving flights during military marches.

Article 4. General provisions for construction planning and management of clearance zones of military airports, civilian airports, joint-use airports, dedicated airports, land runways and water runways, construction works, airspace control and air defense systems, aeronautical radio stations

1. Planning for construction of military airports, civilian airports, joint-use airports, dedicated airports, land runways and water runways, construction works, airspace control and air defense systems, aeronautical radio stations shall be appropriate for national defense strategies, provisions of Article 5 through 7 of this Decree, and facilitate socio-economic development of Vietnam.

2. The construction sites of military airports, civilian airports, joint-use airports, dedicated airports, land runways and water runways, construction works, airspace control and air defense systems, aeronautical radio stations shall comply with regulations of law on land, protection of national defense works, military zones, obstacle heights and provisions of this Decree.

3. Power to approve planning

a) The Prime Minister has the power to approve the master plan for development of the system of joint-use airports, civilian airports and military airports;

b) The Minister of National Defense has the power to approve planning for the system of dedicated airports, runways on land and water, construction works airspace control and air defense systems. General Staff of the Vietnam People's Army shall promulgate planning of clearance zones of military airports, civilian airports, joint-use airports, special flight zones as the basis for the People’s Committees of provinces and other agencies to plan their urban areas, high-rise building areas, industrial infrastructure zones within height limits.

c) The Minister of Transport has the power to approve planning for nationwide airports (except dedicated airports) and aeronautical radio stations.

Chapter II

OBSTACLE HEIGHTS AND AIRSPACE CONTROL AND AIR DEFENSE SYSTEMS

Section 1. OBSTACLE LIMITATION SURFACES AND OBSTACLE WARNINGS

Article 5. Obstacle limitation surfaces

1. Each airport shall determine its obstacle limitation surfaces according to its class and airstrips. Dimensions of obstacle limitation surfaces are specified in Appendix I and Appendix II hereof.

2. Dimensions of obstacle limitation surfaces of airspace control and air defense systems are specified in Appendix III hereof.

3. Safety distances to aeronautical radio stations in Vietnam are specified in Appendix V hereof.

Article 6. Airstrips

Airports on land and water shall have airstrips with dimensions conformable with Appendix I and Appendix II hereof. General Staff of the Vietnam People's Army shall specify dimensions of airstrips of each airport.

Article 7. Obstacles that need warning

1. An obstacle has to be warned against if:

a) its height exceeds the obstacle limitation surface of the airport;

c) it lies within the vicinity of the aerodrome traffic zone and has an elevation of at least 45 meters from the elevation of the airport;

c) it lies outside the vicinity airspace and has an elevation of at least 45 meters from the natural ground;

d) it is one of the obstacles specified in Appendix IV hereof.

2. General Staff of the Vietnam People's Army shall consider exempting obstacles from warning and specify it in the height approval.

Section 2. HEIGHT CONTROL

Article 8. General provisions

1. Before approving the master plan or detailed plan for construction of urban areas, high-rise area, industrial parks, hi-tech zones, ministries, the People’s Committees of provinces shall send enquiries to General Staff of the Vietnam People's Army. The enquiries shall comply with provisions of Article 10 and Article 11 of this Decree.

2. Local construction licensing authorities shall comply with regulations on heights of construction works prescribed in Point b Clause 3 Article 4 and Article 11 of this Decree.

Article 9. Construction works and projects subject to height approval

1. Construction works whose heights exceed the obstacle limitation surfaces of airports and construction works in airport vicinity that has an elevation of at least 45 m from the airport elevation.

2. Construction works whose heights exceed the published obstacle limitation surfaces or has a height of at least 45 m from the natural ground, outside planned urban areas and spaces mentioned in Point b Clause 3 Article 4 and Article 8 of this Decree.

3. Light poles in terminal clearance zones; high-voltage lines, cable cars, radio stations, wind farms, construction works adjacent to airspace control and air defense systems and aeronautical radio stations.

Article 10. Applying for height approval

1. An application for height approval consists of:

a) Application form No. 01-DNCTDC (for organizations) or 02-DNCTDC (for individuals) in Appendix VI hereof;

b) Copies of the map or diagram of the area where the construction site is located;

c) Copies of one of the documents proving the right to ownership, management or use of the construction work.

2. The licensing authority, investor or owner shall send 01 application specified in Clause 1 of this Article to General Staff of the Vietnam People's Army.

3. Receiving address:

a) Receiving authority: General Staff of the Vietnam People's Army;

b) Address: No. 1 Nguyen Tri Phuong street, Ba Dinh district, Hanoi;

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

Article 11. Processing application for height approval

1. General Staff of the Vietnam People's Army shall inform the applicant whether the application for height approval is granted or rejected, and inform the local construction licensing authority, Civil Aviation Authority of Vietnam, Vietnam Air Traffic Management Corporation, the airport authority and relevant agencies within the following time limits:

a) 15 working days for housing, urban area, high-rise building area, industrial infrastructure area, lighting pole projects within terminal clearance zones and the construction works specified in Clause 1 and Clause 2 of Article 9;

b) 20 working days for economic zone, special zone, hi-tech zone projects;

c) 30 working days for projects of cable transportation, high-voltage transmission line under 100 km in length, radio station system that has 10 – 50 stations;

d) 45 working days for projects of high-voltage transmission line longer than 100 km in length, radio station system that has more than 50 stations.

2. If the application is not valid, General Staff of the Vietnam People's Army shall request the applicant to complete the application within 10 working days.

3. If the application is rejected, General Staff of the Vietnam People's Army shall inform the applicant and provide explanation within 10 days.

4. A height approval shall contain the following information:

a) Name, nature and scale of the construction work;

b) Investor or owner of the construction work;

c) Location: address, coordinates according to WGS-84 and VN2000 if the construction work is located outside the airport vicinity protection area;

d) The maximum permissible height of the construction work from the natural ground or average sea level;

dd) Aeronautical warning instructions;

e) Effective period of the height approval;

g) Other notes (if any).

Chapter III

RESPONSIBILITY FOR HEIGHT CONTROL, AIRSPACE CONTROL AND AIR DEFENSE SYSTEMS

Article 12. Responsibilities of the Ministry of National Defense

1. Take charge and cooperate with the Ministry of Construction, the Ministry of Transport, other ministries and the People’s Committees of provinces in uniform height control for military airports, civilian airports, joint-use airports, dedicated airports, land runways and water runways, construction works, airspace control and air defense systems in Vietnam.

Establish obstacle limitation surfaces based on operation of the military airports, civilian airports, joint-use airports, dedicated airports, land runways and water runways, construction works, airspace control and air defense systems, terrain, the need for development of urban space and the standards specified in Appendix I, II, III, IV, V hereof in order to ensure overall effectiveness, facilitate socio-economic development and efficient use of space.

2. Take charge and cooperate with the Ministry of Transport and the People’s Committees of relevant provinces in establishing the master plan for development of military airport system and submit it to the Prime Minister for approval; consider approving plans for systems of dedicated airports, airspace control and air defense systems in Vietnam.

3. On the basis of national defense duties, the master plan for development of nationwide airport system, planning for airports and airspace control and air defense systems system that have been approved by competent authorities, reach an agreement with other ministries, regulatory bodies and local governments on establishing obstacle limitation surfaces and height limits in the general planning and detailed planning for construction of industrial parks, urban areas, residential areas and other elevated works.

4. Provide the People’s Committees of provinces and relevant Ministries with necessary information for maintenance of the planning for development of the system of military airports, civilian airports, joint-use airport, airspace control and air defense systems approved by competent authorities; obstacle limitation surfaces of military airports and areas with height limits in order to ensure secrecy of military works and air defense operations.

5. Cooperate with other ministries and local authorities in relocating or shortening construction works that exceed the obstacle limitation surfaces in a manner that affect flight operation and airspace control and air defense systems;

6. Instruct affiliated units of the Ministry of National Defense and provincial military command centers to cooperate with competent authorities of the Ministry of Transport and the People’s Committees of provinces in height control; carry out inspections, handle complaints and denunciations against violations against regulations on height, aeronautical warnings; measure obstacles in airports and vicinity airspace that might affect flight operations.

7. Provide instructions on management of obstacle limitation surfaces, airspace control and air defense systems, aeronautical warnings for military units, commanders of military airports, civilian airports, joint-use airports, airspace control and air defense systems, and provincial military command centers.

Article 13. Responsibilities of the Ministry of Construction

1. Take charge and cooperate with the Ministry of National Defense and the People’s Committees of provinces in achieving uniform management of architectural space, urban landscape, construction planning in order to ensure safety for operation of airports and airspace control and air defense systems in Vietnam.

2. Instruct the People’s Committees of provinces to formulate their overall scheme for construction of urban areas, high-rise areas, economic zones, special zones, hi-tech zones after reaching an agreement with General Staff of the Vietnam People's Army.

Article 14. Responsibilities of the Ministry of Transport

1. Take charge and cooperate with the Ministry of Transport and the People’s Committees of relevant provinces in establishing the master plan for development of nationwide airports, except for military airports and dedicated airports, and submit it to the Prime Minister for approval.

2. Take charge and cooperate with the Ministry of National Defense in announcing obstacle limitation surfaces and height limits in airports that involve civil aviation; restricted areas serving normal operation of aeronautical radio stations, limits on obstacles within airport vicinity; publish a list of natural and artificial obstacles that might affect aviation safety.

3. Cooperate with the Ministry of National Defense, other ministries and local authorities in management of obstacle limitation surfaces, dealing with construction works that exceed the obstacle limitation surfaces in a manner that affect civil aviation; encourage organizations and communities near airports to participate in maintenance and management of obstacle limitation surface in order to ensure overall aviation safety.

4. Organize survey and mapping of obstacles within civil aviation zones; update and publish information about the obstacles; instruct competent authorities of the Ministry of Transport to cooperate with competent authorities of the Ministry of National Defense and the People’s Committees in management of obstacle limitation surfaces.

5. Instruct Civil Aviation Authority of Vietnam to cooperate with relevant organizations and units in management of obstacle limitation surface of civilian airports and aeronautical radio stations.

Article 15. Responsibilities of the People’s Committees of provinces

1. Cooperate with the Ministry of National Defense, the Ministry of Construction and the Ministry of Transport in formulating the master plan for development of the system of military airports, civilian airports, joint-use airports, dedicated airports airspace control and air defense systems and aeronautical radio stations; manage obstacle limitation surfaces. Consider licensing construction works whose heights are conformable with the scheme or approval of competent authorities of the Ministry of National Defense according to Point b Clause 3 Article 4, Article 8, Article 9, Article 10 and Article 11 of this Decree.

2. Take charge and cooperate with the Ministry of National Defense, the Ministry of Construction, the Ministry of Transport and relevant authorities in relocating or shortening construction works that violate the obstacle limitation surfaces in a manner that affect safe operation of airports and airspace control and air defense systems; inspect construction work heights and install aeronautical warning systems as prescribed.

3. Take charge and cooperate with Ministries, provincial military command centers in planning the management and use of space in their provinces; review and revise the local socio-economic development plans and industry development plans according to the master plan for development of the system of military airports, civilian airports, joint-use airports and airspace control and air defense systems.

4. Take charge and cooperate with relevant ministries in providing guidance for local organizations and people on maintenance and management of obstacle limitation surfaces.

Article 16. Responsibilities of investors and owners of construction works

1. Apply for height approval in accordance with provisions of Article 9, Article 10 and Article 11 of this Decree; take responsibility for accuracy of the information specified in Article 10 of this Decree.

2. Comply with regulations on maximum heights of construction works and take responsibility for installation and maintenance of the aeronautical warning systems of these construction works.

3. Facilitate inspection of compliance to the licenses for construction, height approval and installation of aeronautical warning systems.

Chapter IV

IMPLEMENTATION CLAUSES

Article 17. Funds

Funds for planning, establishment, announcement and management of obstacle limitation surfaces, airports and airspace control and air defense systems, and aeronautical radio stations shall be provided by state budget. Estimation, management and statement of funds shall comply with the Law on State budget and its instructional documents.

Article 18. Transition clauses

Regarding works that are built before the effective date of this Decrees, have not obtained the height approval and violate the height limits:

1. General Staff of the Vietnam People's Army shall cooperate with Civil Aviation Authority of Vietnam in considering safety of flight operation, airspace control and air defense systems, aeronautical radio stations as the basis for granting height approval.

2. Competent authorities shall deal with obstacles that violate height limits as prescribed by law.

Article 19. Effect

1. This Decree comes into force from June 26, 2016.

2. The Government's Decree No. 20/2009/ND-CP ceases to have effect from the effective date of this Decree.

Article 20. Implementation

1. The Minister of National Defense is responsible for organizing the implementation of this Decree.

2. Other Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, relevant Vietnamese and foreign organizations and individuals are responsible for implementation of this Decree./.