| THE GOVERNMENT ---------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------- |
| No: 94/2007/ND-CP | Hanoi , June 04, 2007 |
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.
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