CIRCULAR

ENVIRONMENTAL PROTECTION IN CIVIL AVIATION OPERATION

Pursuant to the Law on Vietnam Civil Aviation No. 66/2006/QH11 dated June 29, 2006;

Pursuant to the Law No. 61/2014/QH13 dated November 21, 2014 on amendment to the Law on Vietnam Civil Aviation;

Pursuant to the Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020;

Pursuant to Decree No. 05/2021/ND-CP dated January 25, 2021 of the Government on management and operation of airports and aerodromes;

Pursuant to Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government elaborating to the Law on Environmental Protection;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks, powers, and organizational structures of the Ministry of Transport;

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The Minister of Transport promulgates Circular on environmental protection in civil aviation operation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

a) This Circular deals with environmental protection in civil aviation operation in Vietnam;

b) This Circular does not deal with environmental impact assessment, environmental licenses, or environmental registration.

2. Regulated entities

This Circular applies to organizations and individuals relating to environmental protection in civil aviation operation in Vietnam.

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1. “airport and aerodrome operator” (hereinafter referred to as “airport operator”) means the organization that operates airport infrastructures and other essential structures of the airport and aerodrome other than air navigation structures and facilities managed and operated by air navigation enterprises and obtains Certificate of operation of airport, aerodrome issued by the Civil Aviation Authority of Vietnam (hereinafter referred to as “CAAV”).

2. “air operator” means an organization or individuals operating aircrafts in accordance with Article 22 of the Law on Civil Aviation of Vietnam

3. “aviation-related service provider” means a service provider that provides:

a) “aviation services” mean services relating to aircraft operation, air transport, and flight operation;

b) “non-aviation services” mean services provided at airports, aerodromes, and on aircrafts other than aviation services.

4. “air navigation service provider” means an organization that provides necessary services for the purpose of maintaining safety, regulation, continuity, and effectiveness of flight operation, and air traffic services, communication services, navigation services, monitoring services, meteorology services; aeronautical information services and rescue services.

Chapter II

ENVIRONMENT PROTECTION IN AIRCRAFT OPERATION

Article 3. Aircraft noise

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1. Aircraft noise regulated by the International Civil Aviation Organization (hereinafter referred to as “ICAO”) under Part 2, Volume 1, Annex 16 of the Chicago Convention on International Civil Aviation to which Vietnam is a signatory.

2. Aircraft noise regulated under Section 21 of the Vietnam civil aviation regulations on aircraft and operation thereof promulgated by the Minister of Transport.

Article 4. Aircraft engine emission

Engines of aircrafts operating in Vietnam must meet the following requirements:

1. Emission requirements regulated by ICAO under Chapter 2, Part 2 and Chapter 2, Part 3 Volume 2 Annex 16 of the Chicago Convention on International Civil Aviation to which Vietnam is a signatory.

2. Obtaining Certificate of aircraft types issued and accredited by the CAAV in accordance with the Vietnam civil aviation regulations on aircraft and operation thereof promulgated by the Minister of Transport.

Article 5. Environmental protection in aircraft operation

Aircraft operators are responsible for:

1. Organizing the collection and segregation of wastes from aircrafts.

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Article 6. Controlling and minimizing emission and noise from aircraft operation

1. Aircraft operators are responsible for:

a) applying technology solutions in operating aircrafts in order to minimize emission and noise from aircrafts;

b) cooperating with airport operators and air navigation service providers in optimizing take-off, landing time in order to reduce running time of engine while on aprons, taxi lanes, and runways;

c) cooperating with airport operators and ground service providers at airports and aerodromes in order to increase the use of ground support equipment and minimize the use of auxiliary power units of aircrafts while parking in aprons except for cases where aviation security and safety are compromised.

2. Airport operators are responsible for cooperating with air navigation service providers and aircraft operators in reducing running time of aircraft engines in air operation areas.

3. Air navigation service providers are responsible for optimizing flight routes, flight plans, landing and take-off trajectory in order to minimize flight time, noise, and emission from aircrafts.

Chapter III

ENVIRONMENTAL PROTECTION AT AIRPORTS AND AERODROMES

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1. Environmental protection infrastructures of airports and aerodromes include:

a) Systems for collecting, storing, transporting municipal solid waste, regular industrial solid wastes, toxic wastes, collecting, treating, and draining wastewater.

b) Environmental monitoring in aviation;

c) Environmental protection structures in aviation.

2. Systems for collecting, treating, and draining wastewater in airports and aerodromes must meet treated wastewater quality before releasing into receiving water body satisfactory to the National technical regulation on domestic wastewater and National technical regulation on industrial wastewater.

3. Systems for collecting, storing, and transporting municipal solid waste, regular solid waste, and toxic waste in airports and aerodromes must be built and operated in a manner that meets environmental protection requirements under the Law on Environmental Protection.

4. Airport operators are responsible for developing, maintaining, and sustaining operation of environmental protection infrastructures of airports and aerodromes.

5. Aviation-related service providers are responsible for developing environmental protection infrastructures within their operation while maintaining compatibility with environmental protection infrastructures of the airports and aerodromes.

Article 8. Airport noise map

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a) developing airport noise maps in accordance with ICAO's instructions under Doc 9911 of Annex 16 Volume 1 where noise contours in airport noise maps shall equal limit values applicable to public and residential structures in accordance with National technical regulation on noises promulgated by Ministry of Environment and Natural Resources and occupational safety standards promulgated by Ministry of Health;

b) sending built map to CAAV, airport authorities, and provincial People’s Committees in accordance with Clause 14 Article 6 of Decree No. 05/2021/ND-CP dated January 25, 2021 of the Government.

2. CAAV is responsible for:

a) determining list of airports and aerodromes for construction based on socioeconomic conditions and feasibility; updating noise map for every stage, and inform airport operators;

b) inspecting and supervising the development of airport noise maps in accordance with this Circular.

Article 9. Noise control at airports and aerodromes

1. Airport operators are responsible for developing and adopting solutions for minimizing aircraft noise at airports and aerodromes and vicinity thereof, including:

a) cooperating with air navigation service providers and aircraft operators in reducing running time of aircraft engines in air operation areas;

b) implementing solutions for dampening noise, minimizing noise from run-up areas to the vicinity and employees (other than aprons associated with aircraft maintenance facilities).

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Article 10. Dust and emission control at airports and aerodromes

1. Airport operators are responsible for establishing internal traffic routes in a reasonable manner in order to reduce travel distance of all vehicles and equipment operating within the airports and aerodromes.

2. Organizations operating equipment and vehicles at airports and aerodromes are responsible for developing and adopting solutions for minimizing emission, including:

a) performing regular maintenance of equipment and vehicles;

b) minimizing engine operation when vehicles and equipment temporarily stop;

c) enforcing reasonable speed and acceleration schemes for vehicles and equipment operating at airports and aerodromes;

d) encouraging above-ground power supply and air-conditioning units that use energy efficiently, effectively, or use green energy;

dd) developing plans for replacing and aiming to eliminate the use of cooling equipment that uses HCFC coolant.

3. Aircraft maintenance facilities are responsible for adopting solutions for minimizing engine emission during testing.

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Article 11. Wastewater control at airports and aerodromes

1. Airport operators are responsible for:

a) enforcing regulations on wastewater collection, treatment, and drainage under Article 7 hereof;

b) guiding aviation-related service providers to collect, treat, and monitor wastewater quality in accordance with National technical regulation on wastewater prior to releasing. Adopting solutions for preventing direct or indirect leak of fuel, grease, oil, and chemicals into surrounding areas during operations;

c) disinfecting wastewater from aircrafts as per the law prior to treatment upon receiving warning sent by international medical inspection authority at airports pertaining to dangerous infectious diseases.

2. Aviation-related service providers are responsible for:

a) adhering to National technical regulation on wastewater prior to discharging;

b) connecting wastewater drainage system to general wastewater drainage system of airports and aerodromes or local drainage network if allowed by local authority.

3. Aircraft maintenance facilities, vehicle and equipment maintenance facilities at airports and aerodromes are responsible for developing and adopting solutions for minimizing water pollution, including:

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b) separating grease and oil from wastewater released during aircraft, vehicle, equipment maintenance activities before releasing into wastewater collection and treatment system of the airports and aerodromes;

c) performing maintenance and cleaning of aircrafts, vehicles, and equipment where systems for collecting and separating grease and oil from wastewater are installed.

4. Aircraft operators are responsible for treating or requesting competent entities to collect and treat liquid waste from aircrafts; making sure that liquid waste from aircrafts are treated in accordance with environmental protection laws.

Article 12. Municipal solid waste control at airports and aerodromes

1. Airport operators and aviation-related service providers where municipal solid wastes are produced at airports and aerodromes are responsible for:

a) adhere to regulations on segregation, collection, storage, transport, and treatment of solid waste in accordance with regulations on solid waste management under the Law on Environmental Protection of 2020;

b) assigning collection locations that meet environmental protection requirements; adopting control solutions in storage, collection, transport, and treatment stages in order to satisfy environmental requirements;

c) disinfecting solid waste from aircrafts as per the law prior to treatment upon receiving warning sent by international medical inspection authority at airports pertaining to dangerous infectious diseases.

2. Airport operators and aviation-related service providers are responsible for installing equipment for containing and segregating municipal solid waste at passenger terminals; installing instructions on segregating waste in order to segregate at source.

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4. Solutions must be adopted to prevent dust spread and spillage during collection and transport of solid wastes at airports and aerodromes.

Article 13. Control of regular industrial solid waste and toxic waste at airports and aerodromes

1. Airport operators and aviation-related service providers where regular industrial solid wastes are produced are responsible for:

a) segregating regular industrial solid wastes at source in accordance with Clause 2 Article 81 of the Law on Environmental Protection;

b) treating or assigning treatment facilities to treat in accordance with Article 82 of the Law on Environmental Protection;

c) managing regular industrial wastes mixed with toxic wastes which cannot be segregated or have not been segregated in accordance with regulations on toxic wastes under the Law on Environmental Protection.

2. Toxic wastes must not be treated within airports and aerodromes. If toxic wastes are produced, declaration, segregation, collection, storage, transport, and treatment must be conducted in accordance with regulations on environmental protection.

Article 14. Prevention and response to environmental emergencies at airports and aerodromes

1. Airport operators are responsible for developing and adopting solutions for preventing and responding to environmental emergencies at airports and aerodromes, including:

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b) installing and preparing general equipment, tool, instruments for responding to environmental emergencies and guiding aviation-related service providers to install, prepare equipment, tool, instruments for responding to environmental emergencies that are in sync with those installed and prepared at airports and aerodromes;

c) providing training and establishing standby forces for responding to environmental emergencies;

d) adhering to regulations on occupational safety and regular inspection;

d) taking measures or requesting competent authorities to take measures for removing potential causes of environmental emergencies;

e) implementing general provisions pertaining to environmental emergency prevention under Article 121 of the Law on Environmental Protection.

2. Plans for preventing and responding to environmental emergencies of airports and aerodromes consist of:

a) Overview of production, sale, and service activities at airports and aerodromes; forecast for the possibility of environmental emergencies; map of areas vulnerable to environmental emergencies; name and phone number of organizations, individuals acting as contact points in case of environmental emergencies;

b) Scenarios of environmental emergency response at airports and aerodromes; scene management; spill oil and leak chemical cleanup; list of hazardous materials potentially leaking at the scene; emergency equipment at the scene; environment parameters to be monitored; procedures for supervising, remediating, and restoring the environment.

3. Procedures for implementing plans for responding to environmental emergencies at airports and aerodromes:

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b) Notifying airport authorities and CAAV for joint resolution, promptly informing Steering committees for natural disaster prevention and rescue of districts and People’s Committees of communes where the emergencies occur as per the law;

c) Providing information on environmental emergencies for local community in order to prevent further damage to the community and other negative consequences of the environment;

d) Approaching danger zones by following the direction of the wind to minimize exposure to toxic gas and fumes;

dd) Erecting signs and labeling containers, orders in order to inform persons in charge about the leaked chemicals;

e) Assessing environmental emergencies based on: whether or not a flame is involved, whether overflow occurs or natural leak occurs; weather, terrain conditions, risks to humans, property, and the environment;

g) Practicing response to environmental emergencies: applying the most suitable solutions; establishing communication; establishing coordination personnel; organizing synchronous response effort;

h) Producing detail reports on results of responding to environmental emergencies to the CAAV and Ministry of Transport.

4. Aviation-related service providers at airports and aerodromes prone to environmental emergencies are responsible for:

a) developing and organizing implementation of plans for preventing, responding to environmental emergencies, ensuring adherence to plans for preventing, responding to environmental emergencies devised by airport operators;

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5. Plans for responding to environmental emergencies under this Article can be integrated and approved together with plans for responding to other emergencies.

6. CAAV is responsible for guiding and inspecting the ability to prevent, warn about the risk of environmental emergencies, and responding to environmental emergencies of airports and aerodromes.

7. Airport authorities are responsible for inspecting and supervising the implementation of plans for preventing, responding to environmental emergencies at airports and aerodromes.

Article 15. Requirements for the use of plant protection chemicals and radiation producing devices at airports and aerodromes

1. Plant protection chemicals for aerial application from aircrafts or use at airports and aerodromes must conform to the List of plant protection chemicals permissible for use, limited use, and prohibited from use in Vietnam promulgated by the Ministry of Agriculture and Rural Development.

2. Radiation producing and nuclear devices used at airports and aerodromes must conform to regulations on radiation safety and occupational safety of Ministry of Health.

Article 16. Report on environmental protection activities at airports and aerodromes

1. Contents of reports on environmental protection at airports shall conform to Circular No. 02/2022/TT-BTNMT dated January 10, 2022 of the Minister of Environment and Natural Resources and Appendix attached hereto.

2. Airport operators, aircraft operators, and aviation-related service providers are responsible for develop reports in accordance with Clause 1 of this Article and send to airport authorities for submission to the CAAV.

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Article 17. Environmental protection dossiers

Airport operators; aircraft operators; aviation-related service providers are responsible or producing and managing dossiers relating to environmental protection activities of their units, including:

1. Environmental licenses, environmental registration, decision approving environmental impact assessment according to the Law on Environmental Protection.

2. Required documents on noise according to this Circular.

3. Documents on delivery of municipal solid waste, regular industrial solid waste, toxic wastes, and liquid waste to collection, transport, and treatment facilities.

4. Environment monitoring documents and results (if any).

5. Inspection results pertaining to environmental protection provided by competent authorities (if any).

6. Plans for preventing and responding to environmental emergencies (if any).

7. Reports on environmental protection under Article 16 hereof.

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IMPLEMENTATION

Article 18. Organizing implementation

1. CAAV is responsible for organizing the implementation of this Circular.

2. Airport authorities are responsible for supervising the compliance with this Circular at airports and aerodromes.

Article 19. Entry into force

1. This Circular comes into force from March 1, 2023 and replaces Circular No. 53/2012/TT-BGTVT dated December 25, 2012 of the Minister of Transport.

2. Annuls Article 1 of Circular No. 28/2020/TT-BGTVT dated October 29, 2020 of the Minister of Transport.

3. If documents referred to in this Circular are amended or replaced, the newer documents shall prevail.

4. Chief of Ministry Office, Chief Inspectorate of the Ministry, directors, Director of Civil Aviation Authority of Vietnam, Director of Airport Authority, heads of agencies, entities, and relevant individuals are responsible for the implementation of this Circular.

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PP. MINISTER
DEPUTY MINISTER




Le Anh Tuan