Nghị định 20/2009/ND-CP

DECREE

MANAGEMENT OF OBSTRUCTION HEIGHTS AND BATTLEDIELDS FOR MANAGEMENT AND PROTECTION OF AIRSPACE IN VIETNAM

GOVERNMENT

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

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 Ordinance on protection of national defense works and military zones dated May 19, 1994;

At the request of the Minister of National Defense,

DECREE

Chapter 1

GENERAL PROVISIONS

Article 1. Governing scope

This Decree regulates limits on obstruction heights with respect to military airfields, general aviation airports and battlefields for management and protection of airspace; warnings about obstacles; construction planning of military airfields, general aviation airports and battlefields for management and protection of airspace; regulations on man-made structure heights; responsibility of agencies, organizations, and individuals for ensuring safety and effectiveness of aviation activities, battlefields for management and protection of airspace in Vietnam.

Article 2. Regulated entities

This Decree applies to Vietnamese agencies, organizations, and individuals and foreign organizations and individuals involved in management of obstruction heights and battlefields for management and protection of airspace in Vietnam.

Article 3. Interpretation of terms

In this Decree, some terms are construed as follows:

1. Obstacles mean natural or man-made objects (fixed or mobile) that may have effects on aviation safety or normal operation of communications stations, radar navigation and battlefields for management and protection of airspace.

2. Management of obstruction heights refers to a collection of tasks: Carry out approval for heights of man-made structures, inspection, monitoring and moving objects, make public announcement about obstacles to relevant agencies, organizations, and individuals to ensure aviation safety, normal activities of battlefields for management and protection of airspace.

3. Airports mean areas constructed to facilitate takeoff, landing and maneuver of planes, including:

Airports in operation;

b) Airports expected to be constructed under planning, defined in national airports system;

c) Takeoff and landing areas intended for helicopters taking off and landing;

d) Airport roads refer to amphibious traffic roads that may be intended for planes taking off and landing in case of need;

4. In terms of use, airports are classified into:

Military airfields;

b) General aviation airports (used for civilian and military purposes)

5. Battlefields for management and protection of airspace refer to areas defined for the management, detection and supervision of air navigation and protection of airspace

6. Runway means an area in the airport intended for planes to land and take off.

7. Runway thresholds are markings across the runway that denote the beginning and end of the designated space for landing and takeoff.

8. Danger warning lights are lights used to warn of aviation dangers.

9. Runway end safety area is an extended area of the runway prepared for or suitable for reducing the risk of loss of safety to planes while landing and taking off.

10. Lateral runway safety area is part of the runway strip extended outward to both sides of the runway prepared for reducing the risk of loss of safety to planes performing landing and takeoff.

11. Aerodrome Reference Point is the point  defined for determination of position of the airport.

13. Airport vicinity airspace is space within 30 km in radius with the central point as aerodrome reference point.

14. Brittle objects mean the objects that are designed and manufactured with a view to reducing danger for planes when in collision.

15. Shielding means an obstacle that exists alongside another higher obstacle according to the principle of hiding behind something else.

16. Obstacle limitation surface means the surface restricting maximum height of objects to ensure safety for planes performing phases of taking off, ascending, flying in circles, descending, landing; ensure normal operations of battlefields for management and protection of airspace.

17. Runway strip means rectangular area with the dimensions as prescribed in Annexes I and II hereof.

18. Obstruction warnings are painted markings, warning lights, markers, flag markers displayed on obstacles for pilots to notice from a safe distance in all direction.

19. Airport clearance is safety space for planes to perform phases of taking off, ascending, descending, landing and moving on airport roads of the airport.

Article 4. Construction planning for military airfields, general aviation airports and battlefields for management and protection of airspace

1. Construction planning of military airfields (including military airfields, takeoff and landing areas, runways), general aviation airports and battlefields for management and protection of airspace should be in compliance with Fatherland protection strategy and provisions prescribed in Section 1, Chapter II hereof, and meet demands for the country’s socio-economic development.

2. Areas for the construction of military airfields and battlefields for management and protection of airspace should comply with the Law on Land and regulations on airway obstruction heights as prescribed hereof.

3. Construction works that exist before the effective date of this Decree and may have effects on military and general aviation airports and battlefields for management and protection of airspace should be reviewed and handled according to laws.

4. The Prime Minister shall grant approval for master plan for development of general aviation airports and military airfields. The Minister of National Defense shall grant approval for the master plan for battlefield network of management and protection of airspace.

5. Ministries, departments and localities upon establishing, assessing and approving the planning for the construction of urban areas, high-rise buildings, industrial infrastructure areas should apply for approval of General Staff of the Vietnam People's Army on management of clearance altitudes.

Article 5. Prohibited acts

1. Acts as prescribed in Points c, g, h, I, k, n, Clause 1, Article 12 of the Law on Civil aviation;

2. Grant licenses for construction, installation of works without approval of competent agencies as prescribed in Clause 5, Article 4, Article 14 and Article 16 hereof;

3. Fail to implement or implement in an improper way aviation warnings for the works as prescribed in Article 8 and Annex IV hereof unless otherwise as regulated by the Ministry of Defense.

Chapter 2.

MANAGEMNT OF OBSTRUCTION HEIGHTS AND BATTLEFIELDS FOR MANAGEMENT AND PROTECTION OF AIRSPACE

SECTION 1. OBSTACLE LIMITATION SURFACES AND OBSTRUCTION WARNINGS

Article 6. Obstacle limitation surfaces

1. Airports should define obstacle limitation surfaces according to runway strips and airport classes. Dimensions of obstacle limitation surfaces for airports is instructed in Annexes 1 and II enclosed herewith.

2. Dimensions of obstacle limitation surfaces for airports is instructed in Annexes 1 and II enclosed herewith.

Article 7. Runway strip

Airports should define runway strips, dimensions of runway strips as prescribed in Annexes 1 and II enclosed herewith. The Ministry of National Defense shall detail runway strips of each airport.

Article 8. Obstacles

1. Obstacles as below should have aviation warnings:

a) Obstacles that are higher than obstacle limitation surfaces;

b) Obstacles that lie within airport vicinity airspace and are 45 meters high above aerodrome elevation;

c) Obstacles that are 45 meters high above ground;

d) Other obstacles as prescribed in Annex IV enclosed herewith.

2. Cases exempted from aviation warnings shall fall within the authority of Department of Operations under the Ministry of Defense.

SECTION 2. RESPONSIBILITY AND AUTHORITY OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS FOR MANAGEMENT OF OBSTRUCTION HEIGHTS

Article 9. Responsibility and authority of Ministry of Defense

1. Preside over and cooperate with the Ministry of Construction, the Ministry of Transport, ministries, departments and People’s Committees of central-affiliated cities and provinces (hereinafter referred to as “People’s committees of provinces”) in unifying management of obstruction heights and battlefields for management and operation of airspace; Organize management and grant approval on heights of man-made structures, facilitate socio-economic development and make effective use of natural resources of space of the country based on nature of operations of airports, battlefields for management and protection of airspace, actual conditions of terrain, demands for urban space development and standards as prescribed in Annexes 1 and II enclosed herewith;

2. Preside over and cooperate with the Ministry of Transport and People’s committees of relevant provinces in establishing master plan for development of military and generic airfield systems and making the submission to the Prime Minister for approval; preside over organization, establishment and approval for the planning for battlefields for management and protection of airspace;

3. Based on targets of national defense, carry out general planning for development of national airport system, detailed planning for airports, planning for battlefields for management and protection of airspace approved by competent authorities; agree with ministries, departments and localities on construction works heights in general planning, detailed planning for construction of industrial parks, urban areas, residential areas and other elevations.

4. Make notifications to People’s committees of provinces and relevant ministries, departments about necessary information to ensure the maintenance of planning for development of military and general aviation airports, planning for battlefields for management and protection of airspace approved by competent authorities; make public notices about obstacle limitation surfaces of military and general aviation airports, construction height limitation areas; ensure secrecy of military works and activities of air operations;

5. Cooperate with relevant ministries, departments and local authorities in controlling, preventing and handling movement and lowering of heights of the construction works that violate obstacle limitation surfaces affecting air navigation and battlefields for management and protection of airspace;

6. Cooperate with People’s committees of provinces, the Ministry of Construction and the Ministry of Transport in carrying out investigation, inspection and handling of complaints, denunciations in relation to compliance with regulations on obstruction heights and aviation warnings.

7. Assign the management of obstacle limitation surfaces and battlefields for management and protection of airspace, and aviation warnings to Commanders of military airfields, general aviation airports, Commanders of Military Staff Committees of central-affiliated cities and provinces;

Article 10. Responsibility and authority of Ministry of Construction

1. Preside over and cooperate with the Ministry of National Defense, People’s committees of provinces in unifying management of architecture and construction planning ensuring operations of airports and battlefields for management and protection of airspace in Vietnam;

2. Direct People’s committees of provinces to establish and agree about space planning with the Ministry of National Defense as foundations for issuance of construction permits;

Article 11. Responsibility and authority of Ministry of Transport

1. Cooperate with the Ministry of National Defense and People’s committees of relevant provinces in establishing general planning for development of military and general aviation airports, determining obstacle limitation surfaces of general aviation airports;

2. Cooperate with the Ministry of National Defense in unifying management of construction heights in relation to obstacle limitation surfaces of civil airports;

3. Cooperate with the Ministry of National Defense, ministries, departments and People’s committees of provinces in controlling obstacle limitation surfaces, preventing and handling construction works in violation of regulations on obstacle limitation surfaces to ensure civil flights; make dissemination and propaganda to agencies, unions, residential communities where airports are located and vicinity areas for participation in the maintenance and management of obstacle limitation surfaces;

4. Organize measurement and mapping of obstacles in general aviation airports and areas of civil aviation activities; update and make public notices about such obstacles;

Article 12. Responsibility and authority of People’s committees of provinces

1. Cooperate with the Ministry of National Defense, the Ministry of Construction and the Ministry of Transport in establishing general planning for development of military and general aviation airports; controlling obstacle limitation surfaces; Grant licenses for construction works within contents and planning projects approved by functional agencies of the Ministry of National Defense as prescribed in Clause 5, Article 4, Clause 3, this Article, Article 14 and Article 16 hereof;

2. Preside over and cooperate with the Ministry of National Defense, the Ministry of Construction, the Ministry of Transport and relevant agencies in organizing movement or lowering of man-made structures in violation of obstacle limitation surfaces to ensure air navigation activities and battlefields for management and protection of airspace; inspect and handle installation of aviation warning systems including construction works that existed before the effective date of this Decree;

3. Preside over and cooperate with relevant ministries, departments in establishing planning for spatial development in the administrative divisions of provinces, reach agreement with the Ministry of National Defense about facilitating investment management, granting construction licenses; check, make adjustments and supplements to local socio-economic development planning in association with general planning for development of military and general aviation airports and battlefields for management and protection of airspace;

4. Carry out propaganda and dissemination to agencies, organizations, and individuals on maintenance and management of obstacle limitation surfaces to ensure activities of management and protection of airspace and safety for flights;

Article 13. Responsibility of investors, owners of works

1. Perform procedures on management of construction heights as prescribed in Clause 5, Article 4, Article 14 and Article 16 hereof; take responsibility for accuracy of information as prescribed in Article 15 hereof;

2. During and after the construction, comply with regulations on permissible maximum construction heights and take responsibility for installation of aviation warning systems including construction works that existed before the effective date of this Decree; incur all expenses for investment and maintenance of normal operation of aviation warning systems for the structures;

3. Any structure that exceeds permissible height limits or has an aviation warning systems in opposition to regulations, the investors thereof should carry out relocation or lowering of such structure, repair of aviation warning systems as prescribed.

SECTION 3. REGULATIONS ON MANAGEMENT OF CONSTRUCTION HEIGHTS

Article 14. Structures or separate projects outside published clearance planning should be approved by the Ministry of National Defense

1. Structures that are high above obstacle limitation surfaces and structures within airport adjacent airspace 45 meters high above aerodrome elevation;

2. Structures that are more than 45 meters high above the ground outside areas, projects of urban planning, spatial planning agreed with the Ministry of National Defense by ministries, departments and local authorities on construction heights as prescribed in Clause 5, Article 4 hereof;

3. High-voltage transmission lines, cable cars, radio receiver and transmitter stations;

Article 15. Procedures on requests for approval on construction heights

1. For construction works as prescribed in Article 14 hereof, licensing agency, investors or owners thereof should make a written request to Department of Operations - General Staff of the Vietnam People's Army for approval on construction heights.

2. Main information contained in the written request:

a) Name, nature, scale of construction works; frequency bands, capacity (in case of radio receiver and transmitter stations); voltage level, direction of lines, heights of columns, coordinates, natural ground elevation, positions of columns and sagging of the lines  (in case of high-voltage transmission lines); direction of lines, heights of supporting columns, coordinates, natural ground elevation and positions of columns and sagging of cables (in case of car cables);

b) Investors, owners of works and licensing agency; address of agency and person that makes such request (phone number);

c) Construction sites: address, land boundaries, geographical coordinates (VN-2000 coordinate system or WGS-84), natural ground elevation above average sea level;

d) Construction heights versus natural ground elevation;

dd) Maps of construction sites;

e) Construction progress

Article 16. Time-periods, contents and agencies handling requests

1. Within 15 days and 30 working days (for projects on high-voltage line less than 100 km in length, projects on radio receiver and transmitter stations (from 10 to 50 stations) since receipt of the written request, Department of Operations shall issue a written response to the investor and at the same time make notifications to licensing agency, Civil Aviation Authority of Vietnam and relevant units.

2. A written response should specify:

a) Name, nature and scale of works;

b) Investor;

c) Construction sites: address, land boundaries, geographical coordinates (VN-2000 coordinate system or WGS-84);

d) Permissible construction heights versus natural ground elevation or average sea level;

dd) Requirements for aviation warnings;

e) Other information (if any);

3. Agencies receiving and handling requests:

Department of Operations - General Staff of the Vietnam People's Army/the Ministry of National Defense

- Address: 1 Nguyen Tri Phuong, Ba Dinh District, Hanoi City.

- Phone number: 069.533105, 069.533200; facsimile: 04.37337994

Chapter 3.

IMPLEMENTATION

Article 17. Effect

This Decree takes effect after 45 days since the date of signing; any previously promulgated instruction on management of airway obstruction heights and battles of management and protection of airspace in Vietnam in opposition to this Decree shall be annulled.

Article 18. Responsibility for implementation

1. The Minister of National Defense shall be responsible for organizing implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People’s committees of central-affiliated cities and provinces and relevant agencies, organizations, and individuals shall be responsible for executing this Decree.