Nghị định 94/2007/NĐ-CP quản lý hoạt động bay

DECREE

ON MANAGEMENT OF AIR NAVIGATION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Vietnam Civil Aviation Law;
At the proposal of the Minister of Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation and subjects of application

1. This Decree stipulates in detail the organization and use of the airspace; grant of flight permits; coordination of management of civil and military air navigation; and management of special air navigation.

2. This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals related to the organization and use of the airspace; grant of flight permits; coordination of management of civil and military air navigation; and management of special air navigation.

Chapter II

ORGANIZATION AND USE OF THE AIRSPACE

Article 2.- Organization of the airspace in service of civil flights

1. The Vietnamese airspace in service of civil flights covers:

a/ Airspace of civil airfields and airfields for joint civil and military purposes;

b/ Air routes;

c/ Area in service of general aviation;

d/ Area for civil aircraft to discharge fuel and drop luggage and cargoes.

2. Flight information region over international seas under Vietnam's management.

Article 3.- Air routes

1. Air routes, including international air routes and domestic air routes, are established on the following grounds:

a/ International aviation exchange needs;

b/ Domestic flight requirements;

c/ Requirements and capacity of providing air navigation assurance and aviation security and safety assurance services;

d/ Requirements and capacity of managing and protecting the airspace; assuring national defense and security;

e/ Compliance with Vietnam's civil aviation development planning and the air carriage plan of the International Civil Aviation Organization.

2. Domestic air route is an air route with the starting and ending points within Vietnamese territory, a width of 20 km, or 30 km in special cases; and the low-level limit being the lowest elevation for safe air navigation. Domestic air routes have a symbol of letter W and are numbered in Arabic numerals.

3. International air route is an air route within Vietnamese territory with a width of 30 km and 90 km in the flight information region over international seas under Vietnam's management; the low-level limit being the lowest elevation for safe air navigation. International air routes have a symbol of letter A, B, G, L, M, N, P or R and are numbered in Arabic numerals.

Article 4.- Establishment, adjustment, cancellation and announcement of air routes

1. The Ministry of Transport shall, after consulting the Ministry of Defense, submit to the Prime Minister for decision the establishment, adjustment or cancellation of a domestic air route.

2. The Ministry of Transport shall consult the Ministry of Defense on the establishment or cancellation of an international air route and reach agreement thereon with the International Civil Aviation Organization before submitting the case to the Prime Minister for decision.

3. The Vietnam Aviation Administration shall coordinate with concerned agencies of the Ministry of Defense in determining specifications of air routes; notify them to the International Civil Aviation Organization, concerned organizations and individuals and publicize them in the Air Information Publication.

Article 5.- Principles for the use of air routes

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

2. Regular use of domestic air routes for international flights upon demand must be agreed between the Ministry of Transport and the Ministry of Defense and submitted to the Prime Minister for decision.

3. In special cases, the flight permit-granting agency may grant a flight permit for each international flight to use domestic air routes after reaching agreement with the Military Operation Department of the Ministry of Defense.

Article 6.- Airfield airspace

1. Airfield airspace is the airspace over an airfield for aircraft to take off, land and taxi. An airfield airspace has a horizontal limit and vertical limit suitable to the characteristics of each airfield.

2. An airfield airspace is established on the following elements:

a/ Assurance of safety for air navigation within and around the airfield area;

b/ Take-off and landing needs of different types of aircraft operated;

c/ Communication, navigation and surveillance facilities and equipment.

3. The specific boundaries of the airspace of each airfield are defined in the flight rules in the airfield area under Article 13 of this Decree.

Article 7.- Establishment, adjustment, cancellation and announcement of prohibited zones and restricted zones

1. In order to ensure defense, security and social safety, the Ministry of Defense shall, after consulting the Ministry of Transport, submit to the Prime Minister for decision the establishment, adjustment and cancellation of prohibited zones or restricted zones.

2. In the case of deciding on temporary flight restrictions or bans under Clause 2, Article 85 of the Vietnam Civil Aviation Law, the General Staff shall immediately notify air traffic service enterprises and enterprises participating in providing aeronautical information notification services for taking measures to assure safe air navigation; when arises in the air an event endangering national security, the Commander of the Air Defense and Air Force shall make decision and notify air traffic service enterprises and enterprises participating in providing aeronautical information notification services and related units for taking measures to assure safe air navigation and immediately report it to the General Staff; these decisions take immediate effect.

3. The Vietnam Aviation Administration shall notify the International Civil Aviation Organization and related agencies and units and publish in the Aeronautical Information Publication (AIP) prohibited zones and restricted zones already established or cancelled under Clause 1 of this Article.

4. Enterprises participating in providing aeronautical information notification services shall immediately notify the Vietnam Aviation Administration and related agencies and units; aeronautical information notification service establishment shall issue relevant NOTAM on prohibited or restricted zones already established or cancelled under Clause 2 of this Article.

Article 8.- Determination and announcement of dangerous zones

1. The Military Operation Department of the Ministry of Defense shall determine and notify the air traffic service enterprises and enterprises participating in providing aeronautical information notification services of dangerous zones at least twenty four (24) hours before activities endangering civil flights take place; when emergency air-defense operations are conducted, flight management and control centers of the Air Defense and Air Force shall immediately notify them to enterprises participating in providing aeronautical information notification services for further notification to related organizations and individuals.

2. A notice of the Military Operation Department of the Ministry of Defense or flight management and control centers of the Air Defense and Air Force on a dangerous zone contains the following details:

a/ The location according to the VN 2000 or WGS 84 system of coordinates;

b/ Horizontal limit and elevation limit;

c/ Validity time of the dangerous zone;

d/ Endangering operation;

e/ Air navigation alert;

f/ Information to be kept confidential to ensure national security secrets (if any).

3. Enterprises participating in providing aeronautical information notification services shall immediately notify the Vietnam Aviation Administration, related agencies and units; establishments providing aeronautical information services shall issue relevant NOTAM on the dangerous zone established under Clause 1 of this Article.

Article 9.- Navigation areas in service of general aviation

1. Navigation areas in service of general aviation are determined for each type of operation, have horizontal and vertical limits, flight rules and modes, and requirements on the provision of air navigation assurance services.

2. On the basis of operation needs, the Ministry of Defense shall decide on the establishment of navigation areas in service of general aviation at the proposal of the Ministry of Transport.

Article 10.- Areas for discharging fuel and dropping luggage, cargoes or other articles from aircraft

1. Areas for discharging fuel and dropping luggage, cargoes or other articles from aircraft are established for every airfield with civil aviation activities, have horizontal and vertical limits prescribed in the airfield area flight rules stated in Article 13 of this Decree.

2. The establishment of areas for discharging fuel and dropping luggage, cargoes or other articles from aircraft must ensure safety and environmental sanitation for people, assets and works on the ground.

3. The Vietnam Aviation Administration shall announce areas for discharging fuel and dropping luggage, cargoes or other articles from aircraft.

Article 11.- Control areas of air traffic service establishments

1. Control areas of air traffic service establishments are controlled air and ground areas, including ground control area, airfield control area, approach control area, long-range control area and air traffic advisory area.

2. Control areas of air traffic service establishments have horizontal and vertical limits and are determined on the following grounds:

a/ Assurance of provision of sufficient information for aircraft in operation;

b/ Types and density of flights;

c/ Terrain characteristics and meteorological conditions in the area;

d/ Activities of air and military navigation management units and establishments.

3. Depending on the quality of provided air traffic services and types of flight rules, control air areas of air traffic service establishments are classified as follows:

a/ Class A airspace is an airspace in which only flights under instrument flight rules (below collectively referred to as IFR flights) are permitted; and flights are provided with air traffic control and separation services;

b/ Class B airspace is an airspace in which IFR flights and flights under visual flight rules (below referred to as VFR flights) are permitted; and flights are provided with air traffic control and separation services;

c/ Class C airspace is an airspace in which IFR and VFR flights are permitted; flights are provided with air traffic control services; IFR flights are separated from other IFR flights and VFR flights; and VFR flights are separated from IFR flights and are notified of other VFR flights;

d/ Class D airspace is an airspace in which IFR and VFR flights are permitted; flights are provided with air traffic control services; IFR flights are separated from other IFR flights and notified of VFR flights; and VFR flights are notified of other flights;

e/ Class E airspace is an airspace in which IFR and VFR flights are permitted; IFR flights are provided with air traffic control services and separated from other IFR flights; flights are notified of air navigation if practical conditions permit. Class E airspace is not used as control area;

f/ Class F airspace is an airspace in which IFR and VFR flights are permitted; IFR flights are separated if practical conditions permit, and flights are provided with aeronautical information services if so requested;

g/ Class G airspace is an airspace in which IFR and VFR flights are provided and are provided with aeronautical information services if so requested.

4. The director of the Vietnam Aviation Administration shall define the boundaries, horizontal and vertical limits of control areas of air traffic service establishments and publicize them in the Air Information Publication (AIP) after obtaining the agreement of the Air Defense- Air Force.

Article 12.- Flight modes

1. Flight modes include modes of take-over, approach, landing, taxiing and flight in the airfield airspace.

2. Flight modes must be developed on the following grounds:

a/ Airfield infrastructure;

b/ Navigation and surveillance facilities and equipment;

c/ Airfield terrain, obstacles around the airfield;

d/ Aircraft operation density;

e/ Prohibited zone, dangerous zone, area reserved from air defense combat, area for air force operations.

3. The director of the Vietnam Aviation Administration shall define flight modes for civil flights at civil airfields and notify them to the Air Defense and Air Force; define flight modes for civil flights at airfields for joint civil and military purposes after obtaining the agreement of the Air Defense and Air Force.

4. The Commander of the Air Defense and Air Force shall define flight modes for military flights at airfields for joint civil and military purposes after obtaining the agreement of the Vietnam Aviation Administration.

Article 13.- Airfield area flight rules

1. An airfield area flight rules includes the following details:

a/ General principles;

b/ Airfield description;

c/ Airfield area;

d/ Assurance of communication, radio and lighting facilities;

e/ Assurance of meteorological information and information on bird flocks;

f/ Flight management;

g/ Flight practice;

h/ Rules on restoration of direction in the airfield area;

i/ Airfield search, rescue and emergency work;

k/ Related annexes.

2. Competence to promulgate airfield area flight rules

a/ The flight rules in the civil airfield area of a domestic airport shall be promulgated by the director of the Vietnam Aviation Administration and notified to the Air Defense and Air Force;

b/ The flight rules in the civil airfield area of an international airport shall be promulgated by the director of the Vietnam Aviation Administration after obtaining the agreement of the Air Defense and Air Force;

c/ The flight rules in the airfield area used for joint civil and military purposes of a domestic airport shall be promulgated by the director of the Vietnam Aviation Administration after obtaining the agreement of the Commander of the Air Defense and Air Force;

d/ The flight rules in the airfield area used for joint civil and military purposes of an international airport shall be jointly submitted by the director of the Vietnam Aviation Administration and the Commander of the Air Defense and Air Force to the Chief of the General Staff for promulgation.

Article 14.- Use of alternate airfields

1. Alternate airfield is an airfield in which an aircraft may arrive and land when it cannot or should not arrive or land at the intended airport of arrival, including:

a/ Alternate airport for take-off is an airport in which an aircraft may land when necessary immediately after take-off and cannot use the take-over airfield;

b/ Alternate airfield along an air route is an airport in which an aircraft may land in the case of emergency or abnormal circumstance in the course of making a long flight;

c/ Alternate airfield for landing is an airfield in which an aircraft may arrive when it cannot or should not land at the intended landing airport.

2. Alternate airports must ensure minimum conditions on runways, taxiways, stoppage positions, technical system, facilities, equipment, air navigation assurance services and other necessary services.

3. The Director of the Vietnam Aviation Administration shall decide on the list of alternate airports for civil aviation after obtaining the agreement of concerned agencies of the Ministry of Defense.

4. The Vietnam Aviation Administration shall publicize alternate airports for international flights in the Aeronautical Information Publication (AIP); and alternate airports for domestic flights in the airfield area flight rules.

Chapter III

GRANT OF FLIGHT PERMITS

Article 15.- Competence to grant, modify and cancel flight permits

1. The Consular Department of the Ministry of Foreign Affairs shall grant, modify and cancel flight permits for flights specified at Point a, Clause 2, Article 81 of the Vietnam Civil Aviation Law;

2. The Military Operation Department of the Ministry of Defense shall grant, amend and cancel flight permits for flights specified at Point b, Clause 2, Article 81 of the Vietnam Civil Aviation Law.

3. The Vietnam Aviation Administration shall grant, modify and cancel flight permits for flights specified at Point c, Clause 2, Article 81 of the Vietnam Civil Aviation Law, except for the following flights which it may grant flight permits only after obtaining the agreement of the Military Operation Department of the Ministry of Defense:

a/ Flights landing or taking off at military airfields;

b/ Flights carrying armymen, weapons and war instruments;

c/ Flights conducted in a prohibited, restricted or dangerous zone;

d/ Helicopter flights;

e/ Flights made in the Vietnamese airspace but outside air routes or navigation areas in service of general aviation, or airfield airspace;

f/ Flights made by foreign official-duty aircraft;

g/ International flights using domestic air routes defined in Clause 3, Article 5 of this Decree;

h/ Flights made by man-piloted airships;

i/ Flights engaged in special operations.

4. For flights transporting nuclear waste, flight permits may be granted only upon permission of the Prime Minister.

5. On weekends, holidays, during non-working hours or in urgent cases, the Vietnam Aviation Administration may authorize air traffic service enterprises to grant, amend or cancel flight permits with respect to the following flights:

a/ Flights transporting mechanics, engines and equipment in service of repair of malfunctioning aircraft or transporting passengers, luggage, cargoes, postal matters and parcels of malfunctioning aircraft;

b/ Search, rescue, first-aid, medical and salvage flights;

c/ Domestic flights transitioned to another airfield; technical test flights;

d/ Flights of Vietnamese official-duty aircraft;

e/ Modifying the following details of a flight permit: air route, entry or exit point in the Vietnamese airspace; change of the aircraft for non-commercial reason; change of aircraft for commercial reason for domestic flights; change of take-off or landing airfield outside Vietnamese territory for flights flying across the Vietnamese airspace.

6. Air traffic controllers who are administering flights may grant appropriate sign calls to aircraft to ensure safe air navigation.

7. Flight permit-granting agencies are responsible for making public addresses of grant of flight permits.

Article 16.- Applications for flight permits and relevant documents

1. Aircraft operators, carriers or authorized persons (below collectively referred to as flight permit applicants) shall send applications for flight permits to flight permit-granting agencies defined in Clauses 1, 2, 3 and 4, Article 15 of this Decree.

2. An application for a flight permit contains the following details:

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

b/ Type of the aircraft, flight number, registration number and nationality of the aircraft and maximum take-off weight;

c/ Flight itinerary or navigation area in service of general aviation;

d/ Air route; entry and exit points in the Vietnamese airspace;

e/ Date of flight; estimated time of take-off, landing or estimated time of flying through the entry and exit points in the Vietnamese airspace (time is calculated in twenty four (24) hours a day and is the Coordinated Universal Time - UTC);

f/ Flight purpose;

g/ Number of seats and load capacity.

3. For flights engaged in general aviation, the applicant shall enclose the application for a flight permit with a flight plan.

4. An application for a flight permit for an airship contains, apart from the details specified in Clause 2 of this Article, the following details:

a/ Airfield of take-off, landing or release location of the airship (according to the VN 2000 or WGS 84 system);

b/ Time of operation (hours, date, month and year);

c/ Maximum elevation;

d/ Flying route and direction of the airship;

e/ Identity characteristics;

f/ Information and communication facilities and equipment;

g/ Other notable characteristics.

5. The applicant for a flight permit is responsible for the truthfulness and accuracy of the flights information and documents.

Article 17.- Time limit for submission of applications, grant or modification of flight permits

1. At least thirty (30) days before the intended date of making a flight in the following cases:

a/ Scheduled international flights to and from Vietnamese territory;

b/ Scheduled international flights across the Vietnamese airspace;

c/ Scheduled domestic flights.

2. At least ten (10) days before the intended date of making a flight in the following cases:

a/ Test, performance and military exercise flights;

b/ Flights for scientific research, national economic, and cultural and sport activities;

c/ Flights of foreign military aircraft engaged in civil operations in Vietnam.

3. At least seven (7) days before the intended date of making a flight in the following cases:

a/ Foreign special flights carrying guests of the Party and the State and their escort or preparation flights; other foreign special flights and their escort or preparation flights;

b/ Chartered or increased international flights to or from Vietnam;

c/ Flights made by foreign official-duty aircraft other than the cases specified in Clause 2 of this Article.

4. At least three (3) working days before the intended date of making a flight in the following cases:

a/ Non-scheduled flights across the Vietnamese airspace or making technical landings in Vietnam;

b/ Flights made under decisions of Vietnamese courts or competent state agencies;

c/ Flights made under aircraft charter, purchase or sale contracts;

d/ Flights transitioning to an international airfield;

e/ Flights to meet private needs of agencies, organizations or individuals;

f/ Flights for humanitarian purposes;

g/ Other general aviation flights.

5. At least twenty four hours before the intended time of making a flight, for flights specified at Point c, Clause 5, Article 15 of this Decree.

6. No time limit is required in the following cases:

a/ Flights in emergency circumstances;

b/ Flights specified at Points a, b and d, Clause 5, Article 15 of this Decree;

c/ Modification of flight permits under Point e, Clause 5, Article 15 of this Decree.

7. The time limit for submission of applications for grant or modification of flight permits for special flights and their escort and preparation flights complies with regulations on assurance of special flights.

8. Flight permit-granting agencies shall consider and notify flight permits to applicants within the following time limit:

a/ Fifteen (15) days from the date of receipt of the application in the case specified in Clause 1 of this Article;

b/ Seven (7) days from the date of receipt of the application in the case specified in Clause 2 of this Article;

c/ Five (5) days from the date of receipt of the application in the case specified in Clause 3 of this Article;

d/ Two (2) working days from the date of receipt of the application in the case specified in Clause 4 of this Article;

e/ Twelve (12) hours from the date of receipt of the application in the case specified in Clause 5 of this Article;

f/ Flight permit-granting agencies shall promptly reply to applicants in the case specified in Clause 6 of this Article.

9. For a late submitted application, the permit-granting agency shall consider such factors as reason for late submission, nature and necessity of the flight and other related matters in order to decide on the grant or non-grant of a flight permit.

10. The Vietnam Aviation Administration shall guide and evaluate the compliance with aviation safety and security assurance standards by airliners before granting flight permits to air carriage flights to and from Vietnam; in case of necessity, the Vietnam Aviation Administration shall assess the aviation safety surveillance and aviation security assurance capacity of aviation authorities of foreign airliners. Applicants for flight permits shall enclose their applications for flight permits with necessary documents as may be requested by the Vietnam Aviation Administration for assessment purposes.

Article 18.- Details of a flight permit

1. A flight permit contains the following details:

a/ Name and address of the flight permit holder; name and address of the aircraft operator;

b/ Number of the granted flight permit;

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

d/ Flight itinerary or flight area in service of general aviation;

e/ Air route; entry and exit points in the Vietnamese airspace;

f/ Date of flight; estimated time of take-off, landing or estimated time of flying through the entry and exit points in the Vietnamese airspace (time is calculated as twenty four (24) hours a day and is the Coordinated Universal Time - UTC);

g/ Flight purpose;

h/ Validity duration of the permit;

i/ Designation of the flight control agency (if necessary);

j/ Other provisions of the permit.

2. A permit flight for an airship contains, apart from the details specified in Clause 1 of this Article, the following details:

a/ Airfield of take-off, landing or release location of the airship (according to the VN 2000 or WGS 84 system);

b/ Time of operation (hours, date, month and year);

c/ Maximum elevation;

d/ Flying route and direction of the airship;

e/ Identity characteristics;

f/ Information and communication equipment and devices;

g/ Other notable characteristics.

Article 19.- Validity of a flight permit

1. The time of making of each flight is determined in the granted flight permit.

2. A flight permit for an aircraft to land at a Vietnamese airport or airfield is valid from one (01) hour before to twenty four (24) hours after the estimated time of landing stated in the permit.

3. A permit for an aircraft to take off from a Vietnamese airport or airfield is valid for twenty four (24) hours from the estimated time of take-off stated in the permit. When it is necessary for an aircraft to take off not more than one (01) hour earlier than the estimated time of take-off stated in the permit, the flight may be made only after it is approved by the air traffic control service establishment and the flight management center of the Air Defense and Air Force.

4. A flight permit for an aircraft to fly across the Vietnamese airspace is valid from one (01) hour before to seventy two hours (72) after the estimated time stated in the permit.

Article 20.- Modification, cancellation of flight permits

1. A flight permit-granting agency may cancel a flight permit for the following reasons:

a/ Security, defense;

b/ Safety of the flight;

c/ Public order and interests;

d/ State interests;

e/ In accordance with treaties to which the Socialist Republic of Vietnam is a contracting party;

f/ The applicant provides untruthful information or takes other deceitful acts.

2. When wishing to change the details of a granted flight permit, the applicant for the permit shall submit an application for permission to modify the flight permit to the flight permit-granting agency.

3. In case of cancellation of a permitted flight, the applicant for a permit shall notify the flight permit-granting agency of the estimated time of making a flight.

Article 21.- Sending of flight permits

1. The flight permit-granting agency shall send the granted, modified or cancelled flight permit to the applicant and the National Flight Management Center.

2. The Military Operation Department of the Ministry of Defense and the Consular Department of the Ministry of Foreign Affairs shall send the granted, modified or canceled flight permits to the Vietnam Aviation Administration and air traffic service enterprises.

3. The Vietnam Aviation Administration shall send the granted, modified or canceled flight permits to air traffic service enterprises and concerned airport authorities.

Article 22.- Procedures for receipt of flight notices for flights across or within the flight information regions above the international seas under Vietnam's management

1. Aircraft operators, carriers or authorized persons with respect to flights across or within the flight information regions above the international seas under Vietnam's management (below referred to as flight notice senders) shall send their requests for air navigation assurance services to air traffic service enterprises according to the following deadline:

a/ Thirty (30) days before the estimated date of making a scheduled flight;

b/ One (01) hour before the estimated date of making a non-scheduled flight.

2. A flight notice contains the following details:

a/ Name, postal address and telegraph address of the aircraft operator or carrier;

b/ Type, flight number, registration number and nationality of the aircraft, and the maximum take-off weight;

c/ Flight itinerary or flight area in service of general aviation;

d/ Air route; entry and exit points in the flight information region;

e/ Date of flight; estimated time of take-off, landing or estimated time of flying through the entry and exit points in the flight information region (time is calculated in twenty four (24) hours a day and is the Coordinated Universal Time - UTC);

f/ Flight purpose.

3. For a flight engaged in general aviation, the aircraft operator shall enclose the flight notice with a flight plan.

4. A flight notice for an airship contains, apart from the details specified in Clause 2 of this Article, the following details:

a/ Release location of the airship (according to the VN 2000 or WGS 84 system);

b/ Time of operation (hours, date, month and year);

c/ Maximum elevation;

d/ Flying route and direction of the airship;

e/ Identity characteristics;

f/ Information and communication equipment and devices;

g/ Other notable characteristics.

5. The flight notice sender is responsible for the truthfulness and accuracy of the flight's information and documents.

6. Air traffic service enterprises shall consider and notify their approval of provision of air navigation assurance services to flight notice senders.

Article 23.- Making and implementation of air navigation plans

1. Air traffic service enterprises shall make civil air navigation plans on a seasonal and daily basis and send them to the National Flight Management Center.

2. The National Flight Management Center shall sum up a national air navigation plan to be implemented by airspace management units and air navigation management units of the Ministry of Defense; manage the implementation of the plan; and send plans on military air operations related to civil air operations to air traffic service enterprises.

3. Air traffic service enterprises shall sum up civil air navigation plans and related military air navigation plans and send them to concerned airport authorities and air traffic service establishments.

4. Airport authorities shall announce air navigation plans to airport agencies and enterprises and enterprises providing services at related airports and airfields.

Chapter IV

COORDINATION OF MANAGEMENT OF CIVIL AND MILITARY AIR NAVIGATION

Article 24.- Organization of the airspace and development of flight modes for military air navigation affecting civil air navigation

The organization of the airspace and development of flight modes for military air navigation affecting civil air navigation are subject to agreement of the Vietnam Aviation Administration on the basis of the provisions of Chapter II of this Decree, ensuring the efficient use of the airspace, safety and optimal use of air navigation assurance services, facilities and equipment.

Article 25.- Flight management

1. Depending on their service provision capacity, air traffic service establishments shall manage flights engaged in civil aviation and other flights authorized in writing by flight permit-granting agencies. Depending on their service provision capacity, the flight management unit of the Ministry of Defense shall manage flights engaged in military operations and other flights authorized in writing by flight permit-granting agencies.

2. For combined civil and military flights, the direct command and management in the airfield airspace for joint civil and military purposes shall be performed by a combined command station.

3. When conducting civil flight training in the airfield airspace, training establishments must have persons in charge of commanding training aircraft.

4. Management of military aircraft operating in air routes, air navigation areas in service of general aviation, and airfield airspace must be based on the coordination between air traffic service enterprises and military flight management agencies.

5. Coordination of air navigation management is conducted on the following principles:

a/ Air traffic controllers are in charge of coordinating air navigation in air routes and civil airfield airspace;

b/ Compliance with the flight rules in the airfield area for joint civil and military purposes for air navigation in the airfield airspace for joint civil and military purposes;

c/ Commanders of military flights are in charge of coordinating air navigation outside areas specified at Point a of this Clause.

6. Air traffic service enterprises shall collect and synthesize information relating to air navigation for which they provide services in the flight information region over the international seas under Vietnam's management and notify them to the National Flight Management Agency of the Ministry of Defense.

Article 26.- Separation between military and civil aircraft

Separation between military and civil aircraft complies with the Civil Air Traffic Regulation or Flight Rules of the Ministry of Defense, whichever is safer.

Article 27.- Use of communication, navigation and surveillance services; meteorological services; aeronautical information notification services; air search and rescue services

1. The provision of communication, navigation and surveillance services; meteorological services; aeronautical information notification services; and air search and rescue services for flights is made on a contractual basis.

2. The Vietnam Aviation Administration shall notify concerned agencies and units of the Ministry of Defense of frequencies of civil aviation operations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 28.- Responsibilities of the Ministry of Transport

1. The Minister of Transport shall provide for the organization and management of air navigation assurance; criteria, conditions and procedures for licensing establishments to provide air navigation assurance services, operate technical systems and equipment to ensure air navigation, and aviation personnel, in the following documents:

a/ Civil aviation air traffic control regulation;

b/ Aeronautical information notification regulation;

c/ Civil aviation communication, navigation and surveillance regulation.

d/ Civil aviation meteorological regulation;

e/ Civil aviation search and rescue regulation.

2. The director of the Vietnam Aviation Administration shall provide the following professional guidance on management of air navigation:

a/ Aeronautical maps and plans;

b/ Modes of civil aviation traffic;

c/ Operation of flight management establishments;

d/ Establishment of civil aviation flight modes;

e/ Navigation characteristics;

f/ Operation of dependent or independent runways;

g/ Communication, navigation and surveillance facilities and equipment;

h/ Aeronautical meteorological facilities and equipment;

i/ Operation of airfields in all weather conditions;

j/ Units of measurement;

k/ Air-ground liaison modes;

l/ Coordinated provision of air navigation assurance services;

m/ Inspection and adjustment of communication, navigation and surveillance facilities and equipment;

n/ Grant of flight permits.

Article 29.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO" and supersedes the Government's Decree No. 25/2000/ND-CP of August 1, 2000, on management of civil flight activities in Vietnam.

Article 30.- Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, and concerned organizations and individuals shall implement this Decree.