Decree No. 101/2025/ND-CP dated May 09, 2025 on amendments to Decree No. 32/2016/ND-CP prescribing management of airway obstruction altitude, airspace management and protection systems in Vietnam and Decree No. 42/2016/ND-CP prescribing requirements and procedures for opening and closing specialized aerodromes
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 101/2025/ND-CP |
Hanoi, May 09, 2025 |
DECREE
AMENDMENTS TO CERTAIN ARTICLES OF THE GOVERNMENT’S DECREE NO. 32/2016/ND-CP DATED MAY 06, 2016 PRESCRIBING MANAGEMENT OF AIRWAY OBSTRUCTION ALTITUDE, AIRSPACE MANAGEMENT AND PROTECTION SYSTEMS IN VIETNAM AND GOVERNMENT’S DECREE NO. 42/2016/ND-CP DATED MAY 15, 2016 PRESCRIBING REQUIREMENTS AND PROCEDURES FOR OPENING AND CLOSING SPECIALIZED AERODROMES
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006; Law dated November 21, 2014 on amendments to some Articles of the Law on Vietnam Civil Aviation;
At the request of the Minister of National Defense;
The Government hereby promulgates a Decree on amendments to certain Articles of the Government’s Decree No. 32/2016/ND-CP dated May 06, 2016 prescribing management of airway obstruction altitude, airspace management and protection systems in Vietnam and Government’s Decree No. 42/2016/ND-CP dated May 15, 2016 prescribing requirements and procedures for opening and closing specialized aerodromes.
Article 1. Amendments to certain Articles of the Government’s Decree No. 32/2016/ND-CP dated May 06, 2016 prescribing management of airway obstruction altitude, airspace management and protection systems in Vietnam
1. Clause 2 of Article 10 is amended as follows:
“2. The construction licensing authority, investor or owner shall prepare and submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted”.
2. Clauses 1, 2 and 3 of Article 11 are amended as follows:
“1. From the date of receiving a valid application, the Operations Department of the General Staff of the Vietnam People's Army shall inspect and appraise it and send the applicant online a document stating that the application for altitude approval is granted or rejected; where the applicant receives the result by email, send the result to the applicant’s email; also send a document to the local construction licensing authority, the Civil Aviation Authority of Vietnam, Vietnam Air Traffic Management Corporation, the regional airport authority and relevant agencies and units within the following time limits:
a) Ten (10) working days for projects on construction of housing, urban area, high-rise building area, industrial infrastructure area or lighting poles within terminal clearance zones and the works specified in clause 1 and clause 2 Article 9 of this Decree;
b) Fifteen (15) working days for projects on economic zone, special zone or hi-tech zone construction projects;
c) Twenty (20) working days for projects of cable transportation, high-voltage transmission lines under 100 km in length, transceiver station system that has 10 - 50 stations;
d) Thirty (30) working days for projects of high-voltage transmission lines longer than 100 km in length, transceiver station system that has more than 50 stations.
2. If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within seven (07) working days, send an electronic document requesting the applicant to supplement and complete the application for altitude approval as prescribed.
3. If the application is rejected, the Operations Department of the General Staff of the Vietnam People's Army shall, within seven (07) working days, give an electronic response specifying the reasons therefor”.
3. Article 13 is amended as follows:
“Article 13. Responsibilities of the Ministry of Construction
1. Preside over and cooperate with the Ministry of National Defense, People’s Committees of provinces, agencies and units concerned in:
a) Formulating a master plan to develop a system of airports and aerodromes nationwide, except military aerodromes and specialized aerodromes and submitting it to the Prime Minister for approval;
b) Performing uniform management of architectural space, urban landscape, construction planning in order to maintain safe operation of aerodromes and airspace management and protection systems in Vietnam.
2. Preside over and cooperate with the Ministry of National Defense in announcing obstacle limitation surfaces and height limits related to obstacle limitation surfaces in aerodromes that involve civil aviation activities; restricted areas serving normal operation of aeronautical radio stations; limits on obstacles within airport and aerodrome vicinity; produce statistics on, mark and publish a list of natural and artificial obstacles that might affect air navigation safety.
3. Cooperate with the Ministry of National Defense, other ministries and provincial People’s Committees in management of obstacle limitation surfaces, dealing with construction works that exceed the obstacle limitation surfaces in a manner that affects civil flight operations; encourage agencies, organizations and residential communities in areas where aerodromes are located and in areas in the vicinity of aerodromes to participate in maintenance and management of obstacle limitation surfaces in order to ensure air navigation safety.
4. Instruct provincial People’s Committees to formulate their general planning scheme for construction of urban areas, high-rise building areas, economic zones, special zones and hi-tech zones after reaching an agreement with General Staff of the Vietnam People's Army to form a basis for grant of construction permits.
5. Organize survey, creation of diagrams and mapping of obstacles within civil flight operations zones; update and publish information about the obstacles and direct competent authorities to cooperate with competent authorities of the Ministry of National Defense and provincial People’s Committees in management of obstacle limitation surfaces.
6. Direct the Civil Aviation Authority of Vietnam to cooperate with relevant agencies and units in management of obstacle limitation surfaces of civilian airports and aerodromes and aeronautical radio stations”.
4. Some words, phrases, points, clauses, articles and appendices of the Decree No. 32/2016/ND-CP are replaced and repealed.
a) The phrase “Bộ Giao thông vận tải” (“Ministry of Transport”) in point c clause 3 Article 4, clause 2, clause 6 Article 12; Section 1 Appendix II of the Decree No. 32/2016/ND-CP is replaced with the phrase “Bộ Xây dựng” (“Ministry of Construction”);
b) The Form No. 02ĐNCTĐC (for individuals) in the Appendix VI to the Decree No. 32/2016/ND-CP is replaced with the Form No. 09 in the Appendix to this Decree;
c) The phrase “Bộ Giao thông vận tải” (“Ministry of Transport”) in clause 1 of Article 12, clause 1, clause 2 of Article 15 is repealed;
d) Article 14 is repealed.
Article 2. Amendments to certain Articles of the Government’s Decree No. 42/2016/ND-CP dated May 15, 2016 prescribing requirements and procedures for opening and closing specialized aerodromes
1. Clause 2 of Article 6 is amended as follows:
“2. The Chief of the General Staff shall make decisions on approval for detailed construction designs of specialized aerodromes”.
2. Clause 1 of Article 10 is amended as follows: “1. Conditions for opening a specialized aerodrome:
a) The aerodrome must serve the implementation of the strategy to safeguard the Homeland and socio-economic development strategy;
b) The aerodrome must conform to related regulations of law on management of obstacle clearance height, land, environment, water resource, water and sea surface, airspace, prohibited areas and restricted areas;
c) The aerodrome owner has been granted the certificate and the certificate of registration for specialized aerodrome operations for the aerodrome to be opened to operate regular commercial flights.”
3. Article 11 is amended as follows:
“Article 11. Procedures for opening land or water specialized aerodromes
1. An application for opening a land or water specialized aerodrome includes:
a) An application form, which is made using the Form No. 01 in the Appendix attached hereto;
b) The general plan of the aerodrome and detailed plan of the air operations area specifying the elevation, ARP, dimensions, basic directions of runways, taxiways, aprons and other works of the aerodrome infrastructure; and boundaries of the area of land for aerodrome construction;
c) Explanatory notes describing the method of management, operation and assurance of aviation security and safety, environmental protection, water resource protection, organization of air traffic control, air traffic coordination and information.
2. Procedures for processing the application:
a) An applicant for opening the land/water specialized aerodrome shall submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) Within ten (10) working days from the day on which the valid application stated in clause 1 this Article is received, the Operations Department of the General Staff of the Vietnam People's Army shall carry out appraisal and inspection and submit a report thereon to the General Staff of the Vietnam People's Army, which will seek written consent from the Ministry of Construction and the People’s Committee of the province where the land/water specialized aerodrome is to be opened;
If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the applicant to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving the written request from the General Staff of the Vietnam People's Army, the Ministry of Construction and provincial People’s Committee give a written response to the General Staff of the Vietnam People's Army;
d) Within ten (10) working days from the date of receiving the written consent from the Ministry of Construction and provincial People’s Committee, the General Staff of the Vietnam People's Army shall issue a decision on opening of specialized aerodrome;
If the application is rejected, the General Staff of the Vietnam People's Army shall give an electronic response specifying the reasons therefor;
Where the applicant receives the result by email, send the result to the applicant’s email”.
4. Clause 2 of Article 12 is amended as follows: “2. Procedures for permanent closing:
a) The owner of the land/water specialized aerodrome shall submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the aerodrome owner to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving a valid application, the General Staff of the Vietnam People's Army shall issue a decision on permanent closing of the land/water dedicated aerodrome after obtaining written consent from the Ministry of Construction and shall send an electronic document to the aerodrome owner, and related agencies, organizations and individuals;
Where the applicant receives the result by email, send the result to the applicant’s email”.
5. Article 13 is amended as follows:
“Article 13. Procedures for opening takeoff and landing fields on the ground, water, artificial structures
1. An application for opening a takeoff and landing field includes:
a) An application form, which is made using the Form No. 03 in the Appendix attached hereto;
b) The floor plan of the takeoff and landing field’s position; general plan of the land area or artificial structure; detailed plan of takeoff and landing field, clearly displaying the elevation, ARP, dimensions, basic directions of the field; position of the field on the artificial structure; basic directions of takeoff/landing; the site plan of boundary of the land area or water surface with regard to the land/water takeoff and landing field;
2. Procedures for processing the application:
a) An applicant for opening the takeoff and landing field shall submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) Within ten (10) working days from the day on which the valid application stated in clause 1 this Article is received, the Operations Department of the General Staff of the Vietnam People's Army shall appraise and inspect the application, in case the opening affects civil aviation activities or involves regional or local planning, the Operations Department shall report such to the General Staff of the Vietnam People's Army, which will seek written consent from the Ministry of Construction and the People’s Committee of the province where the takeoff and landing field is to be opened;
If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the applicant to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving the written request from the General Staff of the Vietnam People's Army, the Ministry of Construction and provincial People’s Committee give a written response to the General Staff of the Vietnam People's Army;
d) Within ten (10) working days from the date of receiving the written consent from the Ministry of Construction and provincial People’s Committee, the General Staff of the Vietnam People's Army shall issue a decision on opening of takeoff and landing field;
If the application is rejected, the General Staff of the Vietnam People's Army shall give an electronic response specifying the reasons therefor;
Where the applicant receives the result by email, send the result to the applicant’s email”.
6. Clause 2 of Article 14 is amended as follows: “2. Procedures for permanent closing:
a) The takeoff and landing field owner shall submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the takeoff and landing field owner to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving a valid application, the General Staff of the Vietnam People's Army shall issue a decision on permanent closing of the land/water dedicated aerodrome after obtaining written consent from the Ministry of Construction and shall send an electronic document to the takeoff and landing field owner, and related agencies, organizations and individuals;
Where the applicant receives the result by email, send the result to the applicant’s email”.
7. Clauses 1 and 2 of Article 15 are amended as follows: “1. The application for opening the takeoff and landing field on deck includes:
a) An application form, which is made using the Form No. 05 in the Appendix attached hereto;
b) Drawings of longitudinal section and cross-section showing height of systems and equipment on deck, space and dimensions of the deck, dimensions of the takeoff and landing field on deck and adjacent components;
2. Procedures for processing the application:
a) An applicant for opening the takeoff and landing field on deck shall submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) Within ten (10) working days from the day on which the valid application stated in clause 1 this Article is received, the Operations Department of the General Staff of the Vietnam People's Army shall carry out appraisal and inspection and submit a report thereon to the General Staff of the Vietnam People's Army, which will seek written consent from the Ministry of Construction and the People’s Committee of the province where the takeoff and landing field is to be opened;
If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the applicant to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving the written request from the General Staff of the Vietnam People's Army, the Ministry of Construction and provincial People’s Committee give a written response to the General Staff of the Vietnam People's Army;
d) Within ten (10) working days from the date of receiving the written consent from the Ministry of Construction and provincial People’s Committee, the General Staff of the Vietnam People's Army shall issue a decision on opening of the takeoff and landing field and shall send an electronic document to the ship owner, and related agencies, organizations and individuals;
If the application is rejected, the General Staff of the Vietnam People's Army shall give an electronic response specifying the reasons therefor;
Where the applicant receives the result by email, send the result to the applicant’s email”.
8. Clause 2 of Article 16 is amended as follows: “2. Procedures for permanent closing:
a) The takeoff and landing field owner shall submit 01 application specified in clause 1 of this Article to the Operations Department of the General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the takeoff and landing field owner to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving a valid application, the General Staff of the Vietnam People's Army shall issue a decision on permanent closing of the takeoff and landing field after obtaining written consent from the Ministry of Construction and shall send an electronic document to the ship owner, and related agencies, organizations and individuals;
Where the applicant receives the result by email, send the result to the applicant’s email”.
9. Clause 2 of Article 17 is amended as follows: “2. Procedures for temporary closing:
a) The owner of the specialized aerodrome shall submit 01 application specified in clause 1 of this Article to the Operations Department, General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the owner of the specialized aerodrome to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving a valid application, the General Staff of the Vietnam People's Army shall issue a decision on temporary closing of the specialized aerodrome after obtaining written consent from the Ministry of Construction and shall send an electronic document to the aerodrome owner, and related agencies, organizations and individuals;
Where the applicant receives the result by email, send the result to the applicant’s email”.
10. Clause 2 of Article 18 is amended as follows: “2. Procedures for processing the application:
a) An applicant for reopening the specialized aerodrome shall submit 01 application specified in clause 1 of this Article to the Operations Department, General Staff of the Vietnam People's Army, whether in person or via postal service or online through the National Public Service Portal or Information system for handling administrative procedures of the Ministry of National Defense. Where the application is submitted online, electronic versions of the documents in the application specified in clause 1 of this Article or their electronic copies shall be submitted;
b) Within ten (10) working days from the day on which the valid application stated in clause 1 this Article is received, the Operations Department of the General Staff of the Vietnam People's Army shall carry out appraisal and inspection and submit a report thereon to the General Staff of the Vietnam People's Army, which will seek written consent from the Ministry of Construction and the People’s Committee of the province where the land/water specialized aerodrome is to be opened;
If the application is invalid, the Operations Department of the General Staff of the Vietnam People's Army shall, within five (05) working days, send an electronic document requesting the applicant to complete the application as prescribed;
c) Within seven (07) working days from the date of receiving the written request from the General Staff of the Vietnam People's Army, the Ministry of Construction and provincial People’s Committee give a written response to the General Staff of the Vietnam People's Army;
d) Within ten (10) working days from the date of receiving the written consent from the Ministry of Construction and provincial People’s Committee, the General Staff of the Vietnam People's Army shall issue a decision on approval for reopening of specialized aerodrome;
If the application is rejected, the General Staff of the Vietnam People's Army shall give an electronic response specifying the reasons therefor;
Where the applicant receives the result by email, send the result to the applicant’s email”.
11. Some words, phrases, titles of articles and forms in points, clauses, articles and appendices of the Decree No. 42/2016/ND-CP are replaced and repealed.
a) The phrase “Bộ Giao thông vận tải” (“Ministry of Transport”) in clause 5 Article 4, clause 3 Article 6, clause 3 Article 12, clause 3 Article 14, clause 3 Article 16, clause 3 Article 20 and title of Article 21 is replaced with the phrase “Bộ Xây dựng” (“Ministry of Construction”);
b) Forms No. 01 to 08 in the Appendix to the Decree No. 42/2016/ND-CP are replaced with the Forms No. 01 to 08 in the Appendix to this Decree;
c) The phrase “và thống nhất với Bộ Giao thông vận tải” (“and reach an agreement with the Ministry of Transport”) in clause 1 of Article 6 is repealed;
Article 3. Transitional clauses
1. Any application for altitude approval submitted by an organization or individual to the Operations Department of the General Staff of the Vietnam People's Army before the effective date of this Decree shall be processed as prescribed in the Government’s Decree No. 32/2016/ND-CP dated May 06, 2016.
2. Any application for opening, reopening, permanent or temporary closing of specialized aerodrome or opening, permanent or temporary closing of takeoff and landing field submitted to the Operations Department of the General Staff of the Vietnam People's Army before the effective date of this Decree shall be processed as prescribed in the Government’s Decree No. 42/2016/ND-CP dated May 15, 2016.
Article 4. Effect
This Decree comes into force from June 23, 2025.
Article 5. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities, Vietnamese agencies, organizations and individuals and foreign organizations and individuals concerned are responsible for the implementation of this Decree.
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FOR THE GOVERNMENT |
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