Circular 52/2022/TT-BGTVT environmental protection in civil aviation activities

CIRCULAR

Providing for environmental protection in civil aviation activities^[1]

Pursuant to June 29, 2006 Vietnam Civil Aviation Law No. 66/2006/QH11;

Pursuant to November 21, 2014 Law No. 61/2014/QH13 Amending and Supplementing a Number of Articles of the Vietnam Civil Aviation Law;

Pursuant to November 17, 2020 Law No. 72/2020/QH14 on Environmental Protection;

Pursuant to the Government’s Decree No. 05/2021/ND-CP of January 25, 2021, on management and operation of airports and aerodromes;

Pursuant to the Government’s Decree No. 08/2022/ND-CP of January 10, 2022, detailing a number of articles of the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 56/2022/ND-CP of August 24, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Civil Aviation Authority of Vietnam and the Director of the Science, Technology and Environment Department;

The Minister of Transport promulgates the Circular providing for environmental protection in civil aviation activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

a/ This Circular provides for environmental protection in civil aviation activities in Vietnam;

b/ This Circular does not regulate the environmental impact assessment, environmental licenses and environmental registration.

2. Subjects of application

This Circular applies to organizations and individuals involved in environmental protection in civil aviation activities in Vietnam.

Article 2. Interpretation of terms 

1. Airport/aerodrome operator means an organization that directly operates aerodrome infrastructure facilities and other essential works of an airport/aerodrome, excluding air navigation works and facilities which are managed and operated by air navigation enterprises and for which the Civil Aviation Authority of Vietnam has granted airport/aerodrome certificates.

2. Aircraft operator means an organization or individual engaged in aircraft operation under Article 22 of the Vietnam Civil Aviation Law.

3. Specialized aviation service provider means an organization that provides the following services:

a/ Aviation services, which are services directly related to aircraft operation, air transportation and flight activities;

b/ Non-aviation services, which are services provided at airports/aerodromes or on board aircraft but are other than aviation services.

4. Air navigation service provider means an organization that provides necessary services to ensure safe, harmonized, continuous and efficient flight activities, including air traffic service, communication, navigation and surveillance service, meteorological service; aeronautical information service, and search and rescue service.

Chapter II

ENVIRONMENTAL PROTECTION IN AIRCRAFT OPERATION ACTIVITIES

Article 3. Aircraft noise

Aircraft operated in Vietnam must meet the following requirements:

1. Aircraft noise requirements specified by the International Civil Aviation Organization (ICAO) in Part 2, Volume 1, Annex 16 to the 1944 Chicago Convention on International Civil Aviation, to which Vietnam is a contracting party.

2. Aircraft noise requirements specified in Part 21 of the Vietnam Aviation Regulations in the field of aircraft and aircraft operation promulgated by the Minister of Transport.

Article 4. Aircraft engine emissions

Engines of aircraft operated in Vietnam must meet the following requirements:

1. Aircraft engine emissions requirements specified by the ICAO in Chapter 2, Part 2, and Chapter 2, Part 3, Volume 2 of Annex 16 to the 1944 Chicago Convention on International Civil Aviation, to which Vietnam is a contracting party.

2. Being accompanied by type certificates granted or recognized by the Civil Aviation Authority of Vietnam in accordance with the Vietnam Aviation Regulations in the field of aircraft and aircraft operation promulgated by the Minister of Transport.

Article 5. Environmental protection in aircraft operation

Aircraft operators shall:

1. Organize the collection and sorting of wastes from aircraft.

2. Use insecticides and cleaning chemicals in aircraft based on the Ministry of Health-promulgated List of insecticidal and germicidal chemicals and biologicals for domestic and medical use which are permitted for registration for use or permitted for registration for restricted use or banned from use in Vietnam.

Article 6. Control and reduction of emissions and noise from aircraft operations

1. Aircraft operators shall:

a/ Apply technological solutions in aircraft operation in order to reduce aircraft emissions and noise;

b/ Coordinate with airport/aerodrome operators and air navigation service providers in optimizing departure and takeoff schedules in order to reduce the aircraft’s idling time on the apron, taxiway and runway;

c/ Coordinate with airport/aerodrome operators and ground service providers at airports/aerodromes in intensifying the use of ground power units instead of auxiliary power units when the aircraft parks at airports/aerodromes, except factors related to aviation security and safety.

2. Airport/aerodrome operators shall coordinate with air navigation service providers and aircraft operators in reducing the running time of aircraft engines in airfields.   

3. Air navigation service providers shall optimize flight routes, flight procedures, and net takeoff/landing flight paths in order to reduce the flight time of, and noise and emissions from, aircraft.

Chapter III

ENVIRONMENTAL PROTECTION AT AIRPORTS AND AERODROMES

Article 7. Technical infrastructure facilities for environmental protection at airports and aerodromes

1. Technical infrastructure facilities for environmental protection at airports and aerodromes include:

a/ Systems for collection, storage and transportation of domestic solid wastes, normal industrial solid wastes and hazardous wastes; systems for wastewater collection, treatment and drainage.

b/ Environmental monitoring systems in the field of aviation.

c/ Environmental protection facilities in the field of aviation.

2. Systems for wastewater collection, treatment and drainage within airports and aerodromes must ensure that the quality of treated wastewater complies with the national technical regulation on domestic wastewater and national technical regulation on industrial wastewater before the wastewater is discharged into the receiving waters.

3. Systems for collection, storage and transportation of domestic solid wastes, normal solid wastes and hazardous wastes within airports and aerodromes shall be built and operated in conformity with environmental protection requirements specified in the Law on Environmental Protection.

4. Airport/aerodrome operators shall build and maintain, and keep operation of, technical infrastructure facilities for environmental protection of airports/aerodromes.

5. Specialized aviation service providers at airports and aerodromes shall build technical infrastructure facilities for environmental protection within the scope of their operation, ensuring compatibility of such facilities with technical infrastructure facilities for environmental protection of airports and aerodromes.

Article 8. Noise maps for airports and aerodromes    

1. Airport/aerodrome operators at airports and aerodromes that are adjacent to residential areas shall:

a/ Draw up noise maps for such airports and aerodromes under the ICAO’s guidance in Doc 9911, Annex 16, Volume 1 regarding noise mapping approach and procedures, in which equal-loudness level contour in noise maps for airports/aerodromes must correspond to allowed noise limits applicable to public and civil works under the national technical regulation on noise promulgated by the Ministry of Natural Resources and Environment and occupational safety standards promulgated by the Ministry of Health;

b/ Send the drawn noise maps to the Civil Aviation Authority of Vietnam, airport authorities and provincial-level People’s Committees under Clause 14, Article 6 of the Government’s Decree No. 05/2021/ND-CP of January 25, 2021, on management and operation of airports and aerodromes.

2. The Civil Aviation Authority of Vietnam shall:

a/ Based on socio-economic conditions and capacity of airports and aerodromes, determine the list of airports and aerodromes for which noise maps need to be drawn up; update noise maps in each period and notify them to airport/aerodrome operators for implementation;

b/ Inspect and supervise the noise mapping for airports and aerodromes in accordance with this Circular.

Article 9. Noise control at airports and aerodromes

1. Airport/aerodrome operators shall formulate and apply solutions to reduce noise of aircraft operating at airports and aerodromes and in adjacent areas, covering:

a/ Coordinating with air navigation service providers and aircraft operators in reducing the running time of aircraft engines in airfields;

b/ Ensuring the application of measures to suppress sound and minimize noise affecting adjacent areas and workers in independent areas for aircraft engine testing (except aprons associated with aircraft maintenance facilities).

2. Managers and operators of aprons used for aircraft maintenance and repair shall select and arrange aircraft engine testing areas that are least noisy to workers and adjacent areas.

Article 10. Dust and emission control at airports and aerodromes 

1. Airport/aerodrome operators shall set up reasonable intra-airport traffic routes in order to reduce operating distances of vehicles and equipment within airports/aerodromes.

2. Institutional operators of systems of vehicles and equipment operating at airports and aerodromes shall formulate and apply solutions to minimize emissions, covering:

a/ Regularly maintaining systems of vehicles and equipment used;

b/ Limiting the operation of engines whenever vehicles and equipment are suspended from operating;

c/ Applying reasonable speeds and acceleration regime when vehicles and equipment are operating at airports and aerodromes;

d/ Encouraging the use of power supply sources and ground air-conditioning units which are energy-efficient and powered by clean fuels;

dd/ Formulating plans to replace and proceed to eliminate the use of cooling equipment using Hydrochlorofluorocarbon (HCFC) refrigerants.

3. Aircraft maintenance facilities shall apply measures to reduce aircraft engine emissions in the course of testing aircraft engines.

4. Owners of building, renovation, upgrading, maintenance and repair of works, and installation, servicing and repair of equipment within airports and aerodromes shall devise measures to meet requirements on dust and emission control, thus preventing dust and air pollution in the course of construction.

Article 11. Wastewater control at airports and aerodromes

1. Airport operators shall:

a/ Comply with regulations on wastewater collection, treatment and drainage systems specified in Article 7 of this Circular;

b/ Guide specialized aviation service providers at airports and aerodromes in carrying out the wastewater collection and treatment, and wastewater quality monitoring and supervision in conformity with the national technical regulation on wastewater, before discharging wastewater; in the course of operation, apply measures to prevent direct or indirect leakage of fuels, grease and chemicals into surrounding areas;

c/ Upon receiving warnings from international health quarantine authorities at airports and aerodromes about dangerous infectious epidemics, organize sterilization of wastewater from aircraft under regulations before wastewater treatment.

2. Specialized aviation service providers shall:

a/ Abide by requirements of the national technical regulation on wastewater before wastewater discharge;

b/ Connect wastewater drainage systems to common wastewater drainage systems of airports and aerodromes or to local water drainage networks when obtaining approval.

3. Facilities maintaining aircraft, vehicles and equipment at airports and aerodromes shall formulate and apply measures to mitigate water environment pollution, covering:

a/ Preventing direct or indirect leakage of fuels, grease and chemicals into airports and aerodromes in the course of aircraft maintenance or in the course of operation and maintenance of vehicles and equipment;

b/ Separating grease mixed in wastewater generated from the maintenance of aircraft, vehicles and equipment before discharging wastewater into wastewater collection and treatment systems of airports and aerodromes;

c/ Maintaining and washing aircraft, vehicles and equipment in areas where exist systems for collection and separation of grease from wastewater.

4. Aircraft operators shall treat or assign units having the function of collecting and treating liquid wastes from aircraft to treat wastes; ensure that liquid wastes from aircraft are treated under regulations on environmental protection.

Article 12. Domestic solid waste control at airports and aerodromes

1. Airport/aerodrome operators and specialized aviation service providers that generate domestic solid wastes at airports and aerodromes shall:

a/ Formulate and implement regulations on solid waste sorting, collection, storage, transportation and treatment in accordance with the provisions on solid waste management of the 2020 Law on Environmental Protection;

b/ Arrange appropriate places for waste gathering that meet environmental protection requirements; apply measures to control solid wastes up to environmental requirements at waste storage and collection places or in the course of transportation or in treatment locations;

c/ Upon receiving warnings from international health quarantine authorities at airports and aerodromes about dangerous infectious epidemics, organize the sterilization of solid wastes from aircraft under regulations before waste treatment.

2. Airport/aerodrome operators and specialized aviation service providers shall install equipment for domestic solid waste storage and sorting at passenger terminals; and provide instructions on garbage dumping and sorting for the purpose of at-source waste sorting.

3. Airport/aerodrome operators, aircraft operators and specialized aviation service providers shall limit the use of disposable plastic products in production and service provision activities; collect, sort, recycle and reuse disposable plastic products; implement solutions to reduce, reuse, recycle and dispose of plastic wastes; and collect, sort and transfer plastic wastes generated in the course of their operation to establishments with the waste recycling and treatment function.

4. In solid waste collection and transportation at airports and aerodromes, it is required to apply measures to prevent dust emissions and waste scattering.

Article 13. Normal industrial solid waste and hazardous waste control at airports and aerodromes

1. Airport/aerodrome operators and specialized aviation service providers that generate normal industrial solid wastes shall:

a/ Carry out the at-source sorting of normal industrial solid wastes under Clause 2, Article 81 of the Law on Environmental Protection;

b/ Treat normal industrial solid wastes or transfer them to waste treatment establishments under Article 82 of the Law on Environmental Protection;

c/ Manage normal industrial solid wastes mixed with hazardous wastes in case they refuse to sort or cannot sort such wastes under the provisions on hazardous waste management of the Law on Environmental Protection.

2. It is prohibited to treat hazardous wastes within airports and aerodromes. Generated hazardous wastes shall be declared, sorted, collected, stored, transported and treated in accordance with the law on environmental protection.

Article 14. Prevention of and response to environmental incidents at airports and aerodromes

1. Airport/aerodrome operators shall formulate and apply measures to prevent and respond to environmental incidents at their airports/aerodromes, covering:

a/ Issuing, and organizing the implementation of, plans on prevention of, and the process of responding to, environmental incidents at airports/aerodromes, and taking the prime responsibility for organizing the handling of such environmental incidents;

b/ Installing or equipping equipment, tools and means for response to common environmental incidents, and guiding specialized aviation service providers at airports/aerodromes in installing or equipping equipment, tools and means for response to common environmental incidents in compatibility with those of airports/aerodromes;

c/ Training and building on-spot forces for response to environmental incidents;

d/ Complying with regulations on occupational safety and implementing the regular inspection regime;

dd/ Promptly implementing measures to do away with causes of environmental incidents or request competent agencies to do so upon detecting signs of environmental incidents;

e/ Complying with general provisions on prevention of, and response to, environmental incidents of Article 121 of the Law on Environmental Protection.

2. A plan on prevention of, and response to, environmental incidents for an airport/aerodrome must have the following contents:

a/ Summary of production, business and service activities at the airport/aerodrome; forecast of possibility of environmental incidents; diagrams of areas likely to be affected by environmental incidents; names and phone numbers of organizations or individuals that will serve as focal points in case of an environmental incident;

b/ Scenarios for remediation of environmental incidents at the airport/aerodrome: management of incident scenes; cleansing of oil spills and leaked chemicals; list of hazardous materials that might be leaked at incident scenes; emergency equipment at incident scenes; environmental parameters that need to be monitored; and process of environmental monitoring, treatment and restoration.

3. Activities to implement a plan on response to environmental incidents at an airport/aerodrome:

a/ Setting up danger zones and isolating persons who are not responsible for responding to environmental incidents from danger zones;

b/ Notifying environmental incidents to the airport authority and the Civil Aviation Authority of Vietnam for coordinated settlement and, at the same time, promptly notifying them to district-level commanding committees for disaster preparedness and search and rescue and commune-level People’s Committees of the localities where such incidents occur;

c/ Notifying and providing information on environmental incidents to the community for the purpose of prevention of the incidents’ adverse impacts on the community in order to prevent adverse environmental impacts;

d/ Approaching danger zones from the tail-wind direction so as to minimize exposure to hazardous steams and gases;

dd/ Using signboards and product labels on containers and purchase orders in order to determine, and provide information on, leaked chemicals to persons responsible for responding to environmental incidents;

e/ Assessing environmental incidents by their characteristics: whether or not fire or spill or leakage of fuels occurs, weather and terrain conditions, and risks and dangers to people, property and the environment;

g/ Practicing response to environmental incidents: application of appropriate response methods; setting up of contact lines; setting up of offices for organization of response activities; and organization of response coordination;

h/ Sending detailed reports on all results of response to environmental incidents to the Civil Aviation Authority of Vietnam and Ministry of Transport.

4. Specialized aviation service providers at airports and aerodromes prone to environmental incidents shall:

a/ Formulate, and organize the implementation of, their own plans on prevention of, and response to, environmental incidents, ensuring their conformity with those of airport/aerodrome operators;

b/ Implement emergency measures to ensure safety for people and property in areas under their management upon the occurrence of environmental incidents; organize rescue of people and property, and promptly notify such to airport/aerodrome operators and airport authorities for coordinated settlement.

5. Plans on response to environmental incidents specified in this Article shall be integrated with other incident response plans for simultaneous approval.

6. The Civil Aviation Authority of Vietnam shall guide and inspect the capability of airport and aerodrome authorities to prevent and warn the risks of environmental incidents and to respond to environmental incidents at airports and aerodromes.

7. Airport authorities shall examine and supervise the implementation of plans on prevention of, and response to, environmental incidents at airports/aerodromes.

Article 15. Requirements on use of pesticides and equipment likely to emit radiation at airports and aerodromes

1. Pesticides to be sprayed from aircraft or used at airports and aerodromes must comply with the Ministry of Agriculture and Rural Development-promulgated Lists of pesticides permitted for use, restricted from use, and banned from use in Vietnam.

2. Radiation and nuclear equipment used at airports and aerodromes must comply with the Ministry of Health’s regulations on radiation safety and occupational safety.

Article 16. Reports on environmental protection work at airports and aerodromes

1. Contents of reports on environmental protection work at airports and aerodromes are specified in the Minister of Natural Resources and Environment’s Circular No. 02/2022/TT-BTNMT of January 10, 2022, detailing the implementation of a number of articles of the Law on Environmental Protection, and the Appendix to this Circular.

2. Airport/aerodrome operators, aircraft operators and specialized aviation service providers shall make and send reports with the contents specified in Clause 1 of this Article to airport authorities for summing up and reporting to the Civil Aviation Authority of Vietnam.

3. The Civil Aviation Authority of Vietnam shall make and send reports on environmental protection work at airports and aerodromes to the Ministry of Transport upon request.

Article 17. Documents on environmental protection work

Airport/aerodrome operators, aircraft operators and specialized aviation service providers shall make and manage by themselves documents related to their environmental protection work. Such documents include:

1. Environmental licenses, environmental registration certificates, and decisions approving environmental impact assessment reports as required under the Law on Environmental Protection.

2. Required documents on noise as specified in this Circular.

3. Documents on transfer of domestic solid wastes, normal industrial solid wastes, hazardous wastes and liquid wastes to waste collection, transportation and treatment facilities.

4. Environmental monitoring documents and results (if any).

5. Results of the inspection of environmental protection work by competent agencies (if any).

6. Plans on environmental incident prevention and response (if any).

7. Reports on environmental protection work specified in Article 16 of this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 18. Organization of implementation

1. The Civil Aviation Authority of Vietnam shall organize the implementation of this Circular.

2. Airport authorities shall supervise the compliance with this Circular at airports and aerodromes.

Article 19. Effect            

1. This Circular takes effect on March 1, 2023, and replaces the Minister of Transport’s Circular No. 53/2012/TT-BGTVT of December 25, 2012, providing for environmental protection in civil aviation activities.

2. To annul Article 1 of the Minister of Transport’s Circular No. 28/2020/TT-BGTVT of October 29, 2020, amending and supplementing a number of articles of the Circulars providing for the periodical reporting regime in the field of aviation.

3. In case the documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

4. The Chief of the Office and the Chief of the Inspectorate of the Ministry of Transport, the Directors of the Departments, the Director of the Civil Aviation Authority of Vietnam, directors of airport authorities, heads of related agencies and units, and related individuals shall implement this Circular.-

For the Minister of Transport
Deputy Minister
LE ANH TUAN

* The Appendix to this Circular is not translated.