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.
Tìm kiếm
Nghị định 94/2007/NĐ-CP (Bản Word)