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MINISTRY OF TRANSPORT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 53/2012/TT-BGTVT
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Hanoi, December 25, 2012
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CIRCULAR
ON ENVIRONMENTAL PROTECTION IN CIVIL AVIATION
Pursuant to the Vietnam’s Law on Civil Aviation dated June 29, 2006;
Pursuant to the Law on Environmental Protection dated November 29, 2005;
Pursuant to the Government's Decree No. 51/2008/ND-CP dated April 22, 2008, defining the functions, rights and responsibilities and organizational structure of the Ministry of Transport;
Upon request of the Director of the Civil Aviation Authority of Vietnam and Directors of the Departments of Environment;
The Minister of Education and Training hereby issues this Circular on environmental protection in civil aviation;
SECTION 1. GENERAL PROVISIONS
Article 1. Scope of governing and subjects of application
1. This Circular stipulates environmental protection in civil aviation in Vietnam.
2. This Circular applies to entities engaging in civil aviation in Vietnam.
Article 2. Interpretation
1. Airport operator is an organization which obtains the airport operations license under Article 51 of the Law on Civil Aviation.
2. Aircraft operator is an entity that participates in operations of an aircraft as stipulated in Article 22 of the Law on Civil Aviation.
SECTION 2. ENVIRONMENTAL PROTECTION IN AIRCARFT OPERATIONS
Article 3. Aircraft noise
1. Every aircraft operating in Vietnam shall conform to requirements for aircraft noise stipulated by International Civil Aviation Organization (ICAO) in Part 2, Volume 1, Annex 16 of the Chicago Convention on International Civil Aviation.
2. Every aircraft in Vietnam shall acquire an aircraft noise certificate granted by the Civil Aviation Authority of Vietnam in accordance with the Circular No.01/2011/TT-BGTVT dated January 01, 2011 by the Minister of Transport on introduction of the Civil Aviation Safety Regulations.
Article 4. Aircraft engine exhaust emissions
1. The engine of aircraft in Vietnam shall meet requirements for engine exhaust emission stipulated by the Chapter 2, Part 2 and Chapter 2, part 3, Volume 2, Annex 16 of the Chicago Convention on International civil Aviation.
2. The Civil Aviation Authority of Vietnam shall research and propose the Ministry of Transport to submit the flights routes which may help conserve fuel and reduce emissions to the atmosphere to the Government for approval.
Article 5. Environmental protection in aircraft operations
Every aircraft operator shall:
1. Apply technology solutions for reducing aircraft engine exhaust emissions.
2. Apply appropriate operating procedures to reduce exhaust emissions. To be specific: reducing the duration of engine operation in the process of taxiing, using tow tractors for reducing operation duration of the engine.
3. Develop internal rules for waste collection and classification and implementation organizations.
4. Use insecticides and hygiene chemicals for aircraft according to the List of insecticides, antibacterial chemicals and preparations in medicine and households which are permitted, limited and prohibited in Vietnam issued by the Ministry of Health.
5. Stipulate usage of each insecticide and hygiene chemical to ensure the air quality inside the aircraft under the national technical regulations on ambient air quality and national technical regulation on toxic substances in ambient air.
SECTION 3. ENVIRONMENTAL PROTECTION IN AIRPORTS
Article 6. Airport environmental protection plans
1. An Airport environmental protection plan consists of:
a) Environmental infrastructure plans;
b) Environmental emergency prevention and response plans and procedures;
c) Environmental protection training and education plans;
d) Airport environmental monitoring plans;
dd) Environmental protection financial plans;
2. Every airport operator, business establishment's owner and service provider at the airport shall prepare an environmental protection plan; periodically assess and adjust the environmental protection plan according to the reality and business activities.
3. The airport authority shall inspect and supervise implementation of environmental protection plans by airport operators, business establishments and service providers at the airport.
Article 7. Airport environmental infrastructures
1. Airport environmental infrastructures include:
a) Solid waste transfer stations;
b) Wastewater collection, treatment and drainage systems;
2. Every transfer station shall:
a) be conformable to the airport detailed planning;
b) be not harmful to the environment;
c) not affect the scenic beauty of the airport;
d) facilitate transport of wastes.
3. Wastewater collection, treatment and drainage treatments shall be designed to be able to treat wastewater in accordance with the national technical regulation on domestic water and national technical regulation on industrial water.
4. Airport operators shall be responsible for constructing and operating environmental infrastructures in the airport.
5. Business establishment’s owners and service providers in airports shall be responsible for constructing environmental infrastructures within the scope of operation in the harmony with airport environmental infrastructures.
Article 8. Airport noise exposure maps
1. Every operator of the airport which is in the vicinity of residential areas shall:
a) Develop noise exposure maps according to ICAO's guidelines, in which equal-loudness contours show points that are equal of the limits of noise to public construction works and residential areas under the national technical regulation on noise issued by the Ministry of Natural Resources and Environment and occupational hygiene standards issued by the Ministry of Health;
b) Submit the noise exposure maps to the Civil Aviation Authority of Vietnam, airport authority and People’s Committee of districts in the vicinity of the airport as a reference to land-use planning inside and surrounding the airport;
2. The Civil Aviation Authority of Vietnam shall:
a) Determine airports which need noise exposure maps by phase according to the reality and socio-economic conditions and notify such airports for implementation;
b) Inspect and supervise development of noise exposure maps under provisions hereof.
Article 9. Airport noise control
Every airport operator shall prepare, introduce and apply noise reduction measures to the airport and adjacent areas:
1. Encourage to have the aircraft taken off and landed by the orbits which may reduce the noise.
2. Reduce the operating time of aircraft engines.
3. Designate an aircraft engine testing area where it least affects residents and adjacent areas, and apply noise reduction measures to the testing area.
Article 10. Emission control at the airport
1. Every airport operator shall establish internal traffic routes to shorten the length of moving.
2. Operators of accoutrements and facilities at the airport shall prepare and apply emission reduction measures, including:
a) Properly maintain facilities and accoutrements
b) Turn off the engine when facilities and equipment are off.
c) Operate devices at a proper speed;
d) Encourage to use energy-conserving devices and green fuel;
dd) Plan to replace and remove CFC-based chillers.
3. Aircraft maintenance workshops shall apply emission reduction measures during process of testing aircraft engines. Emission depletion systems should be applied during the process of testing of aircraft engines.
Article 11. Airport wastewater control
1. Every airport operator shall:
a) Instruct business establishments’ owners and service providers at the airport to collect and treat wastewater until such treated water meets the requirement for discharge into the airport wastewater treatment and drainage system;
b) Collect and treat wastewater from the aircraft according to airport environmental protection regulations.
c) Disinfect wastewater from the aircraft prior to treatment when receiving warnings about infectious epidemics from the international quarantine agency.
2. Every maintenance workshop at the airport shall prepare and apply measures for reducing water pollution which include:
a) Prevention of leakage of fuel, grease &oil and chemicals into the airport during the processes of maintenance and operation of the aircraft, facility and devices;
b) Separation of grease &oil from wastewater before discharging into the airport wastewater collection and treatment system;
c) Maintain and wash aircraft and devices at areas where have systems for collecting wastewater and separating grease and oil from wastewater.
Article 12. Solid waste management
1. Every airport operator, business establishment’s owner and service provider at the airport who generates solid wastes shall prepare and implement regulations on classification, collection, storage, transport and treatment of solid wastes under regulations of laws on solid waste management.
2. Solid wastes from the aircraft prior to treatment shall be disinfected in case any warning about infectious epidemics is issued by the international quarantine agency.
3. Every airport operator shall instruct business establishments and service providers at the airport to carry out the proper procedure for collection, treatment and transport of solid wastes to transfer stations in accordance with requirements for environmental protection.
4. Entities collecting and transporting solid wastes shall take measures for preventing dusts and solid waste from dropping during the process of collection and transport.
Article 13. Hazardous waste management
1. Airport operators, business establishments’ owners and service providers at airports generating hazardous wastes shall register for the sources of hazardous wastes, classify and manage such hazardous wastes in accordance with the Circular No.12/2011/TT-BTNMT on hazardous waste management dated April 14, 2011 by the Minister of Natural Resources and Environment.
2. Only entities having the hazardous waste transport and management practicing certificate are permissible to transport hazardous wastes in the airport.
Article 14. Environmental emergency prevention and response at airports
1. Every airport operator shall develop and apply environmental emergency prevention and response measures to the airport, including:
Prepare emergency prevention and response measures and procedures, and take charge of environmental emergency response;
b) Have environmental emergency response accoutrements installed and instruct owners of business establishments and service providers to install environmental emergency response accoutrements;
c) Provide training in on-the-spot emergency response;
d) Comply with occupational safety regulation and conduct regular inspection;
dd) Apply or request the competent authority to punctually apply proper measures for preventing environmental emergency events.
2. An environmental emergency prevention and response plan consists of:
a) A business brief descriptions; forecasts about environmental emergency; maps indicating areas affected by environmental emergency events; name and contact number of responsible entities in case of environmental emergency events;
b) Environmental emergency response scenarios which specify site management; oil spill and chemical cleanup ; list of hazardous materials which may be leaked in the site; on-site emergency equipment, environment indicators expected to be monitored; procedures for supervision, treatment and remediation of the environment.
3. Environmental emergency response at the airport shall be conducted as follows:
a) Zone unsafe areas and isolate non-duty persons from such unsafe areas;
b) Notify and request the airport authority and the Civil Aviation Authority of Vietnam to cooperate in emergency response;
c) Approach unsafe places downwind to minimize contact with noxious gases;
d) Provide information on leaked chemicals according to their labels on barrels and invoices for competent persons;
dd) Environmental emergencies are assessed by the following features: flammability, fuel leakage, weather, and topography, risks to life, property and environment;
e) Practice environmental emergency response by applying appropriate response measures; creating contact networks and emergency response coordination systems; and cooperate in synchronous response;
g) Submit detailed report on emergency response to the Civil Aviation Authority of Vietnam and Ministry of Transport.
4. Every owner of business establishment and service provider at the airport where environmental emergencies may occur shall:
a) Be well-prepared for environmental emergency response according to the airport operator’s environmental emergency response plan;
b) Take urgent measure to ensure the safety of human life and property within the management; save and rescue people and property, and punctually inform the airport operator and airport authority for cooperation in emergency response.
5. The airport authority shall inspect and supervise preparation and implementation of environmental emergency response at the airport.
Article 15. Application of environmental management systems to airports
Encourage airport operators, business establishments and service providers at the airport to research and apply ISO 14001 environmental management systems to enhance the legal capacity for environmental protection;
Enhance the competiveness in services; incorporate environmental plans and programs into a system and be able to flexibly respond to environmental emergency for sustainable development.
SECTION 4. ENVIRONENTAL PROTECTION IN OTHER CIVIL AVIATION-RELATED ACTIVITIES
Article 16. Requirements for fuel discharge and dropping of cargos or objects from aircraft
The Civil Aviation Authority of Vietnam shall request the Ministry of Transport Government Inspectorate to publish the regions permissible to discharge fuel and dropping objects from aircraft as stipulated in Article 88 of the Law on Civil Aviation and measures for mitigating environment impact.
Article 17. Requirement for use of plant protection products
Plant protection products sprayed by aircraft and at the airports shall be conformable to the List of plant protection products which are permitted, limited and prohibited in Vietnam issued by the Ministry of Agriculture and Rural Development.
Article 18. Requirements for radiation equipment
1. Entities using radiological equipment for checking luggage and cargo and for medical purposes at airports shall comply with provisions of laws on radiation safety.
2. Air traffic control service providers shall comply with laws on EM radiation safety, radiation limits, and shall comply with regulations on occupational hygiene stipulated by the Ministry of Health.
Article 19. Reporting regime
1. Every airport operator shall submit an annual report on airport environmental protection made by using Annex 1 attached hereto to the Civil Aviation Authority of Vietnam and airport authority before November 30th of every year, and shall be accountable for information and data in the report.
2. Every aircraft operator shall submit an annual report on environmental protection made by using Annex 2 attached hereto to the Civil Aviation Authority of Vietnam before November 30th of every year, and shall be accountable for information and data in the report.
3. Every business establishment’s owner and service provider in the airport shall submit an annual report on airport environmental protection made by using Annex 3 attached hereto to the airport operator before October 30th of every year, and shall be accountable for information and data in the report.
4. The airport authority shall report inspection, supervision and assessment of environmental protection at the airport and submit environmental protection proposals to the Civil Aviation Authority of Vietnam dated December 15th of every year.
Article 20. Management of environmental protection records
1. Every airport operator, aircraft operator, business establishment and service provider at the airport shall prepare and manage its environmental protection-related records, including:
a) Noise certificates and environmental protection measures, procedures and plans as stipulated herein;
b) Approved environmental impact assessment reports, commitments to environment protection, general and detailed environmental protection proposals.
c) Licenses to explore extract and use groundwater (if any);
d) Permits to discharge wastewater into water bodies (if any);
dd) Documents certifying that environmental protection measures have been taken during operation of construction works as stipulated in laws on environmental protection (if any);
e) Decisions defining the functions and responsibilities of entities in charge of environmental protection;
g) Contracts for collection, transport, recycling and treatment of solid wastes, hazardous wastes and liquid wastes;
h) periodic environment monitoring results according to the approved environmental impact assessment reports, commitments to environment protection, general and detailed environmental protection proposals and other monitoring results required by laws;
Environmental protection inspection results by competent authorities (if any).
2. Environmental protection records will lay the foundation for assessment of environmental protection by airport operators, aircraft operators, business establishment and service providers at airports, and for inspection and supervision compliance with laws on environmental protection.
SECTION 5. IMPLEMENTATION
Article 21. Implementation organizations
1. The Civil Aviation Authority of Vietnam shall be responsible for implementing this Circular.
2. Airport authorities shall supervise and inspect compliance with provisions hereof at the airports.
Article 22. Effect
1. This Circular enters into force from march 01, 2013.
2. Article 58 of the Circular No.16/2010/TT-BGTVT dated June 30, 2010 by the Minister of Transport detailing management and operation of airports and the Decision No.09/2001/QD-CHK dated July 05, 2001 by the Director of the Civil Aviation Authority of Vietnam on introduction of Civil Aviation Environmental Protection Regulation shall be abrogated.
Article 23. Implementation
The Chief of the Ministry Office, Ministerial Chief Inspector, Directors of the Civil Aviation Authority of Vietnam and relevant entities shall be responsible for implementing this Circular.
Any issue arising in connection to implementation of this Circular should be promptly reported to the Ministry of Transport./.
Tìm kiếm
Thông tư 53/2012/TT-BGTVT (Bản Word)