THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 32/2016/ND-CP
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Hanoi, May 06,
2016
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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,
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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.
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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;
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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.
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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.
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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
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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;
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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.
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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;
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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:
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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
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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.
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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.
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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.
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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./.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc