Circular 53/2012/tt-Bgtvt: Regulations On Environmental Protection In Civil Aviation Activities

Original Language Title: Thông tư 53/2012/TT-BGTVT: Quy định về bảo vệ môi trường trong hoạt động hàng không dân dụng

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CIRCULARS and regulations on environmental protection in civil aviation operation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base law of Vietnam civil aviation on June 29, 2006;
Pursuant to the law on environmental protection on November 29, 2005;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
According to the proposal of the Director General and the Director of the Vietnam aviation environment;
The Minister of transport issued circulars and regulations on environmental protection in civil aviation activities.
Section 1 GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulations on environmental protection in civil aviation activities in Vietnam.
2. This circular apply to organizations and individuals related to civil aviation activities in Vietnam.
Article 2. Explanation of terms 1. The exploitation of airports, the airport is the certification organization harness the airports, the airport according to the provisions of article 51 Vietnam civil aviation Law.
2. The exploitation of aircraft is the Organization, individuals involved in exploitation of aircraft under the provisions in article 22 Vietnam civil aviation Law.
Section 2 PROTECTS the ENVIRONMENT for MINING OPERATIONS AIRCRAFT article 3. 1. aircraft noise Aircraft harness in Vietnam must comply with the requirements for aircraft noise due to the Organization of international civil aviation (ICAO) provisions in part 2 (Part 2), vol. 1 (Volume 1), estimated at 16 (Annex 16) of the Genus Chicago Convention on international civil aviation.
2. exploitation of aircraft in Vietnam must have the certificate of the noise due to the Vietnam Aviation Bureau, admitted in accordance with circular No. 01/2011/TT-BGTVT dated Jan. 27, 2011 of the Minister of transport on The safety regulations of civil aviation aircraft sector and exploit the flying ship.
Article 4. Aircraft engine emissions 1. Ship engine bay harness in Vietnam must comply with the emission requirements ship fly by ICAO provisions in Chapter 2 (Chapter 2), part 2 (Part 2) and Chapter 2 (Chapter 2), part 3 (Part 3), vol. 2 (Volume 2), estimated at 16 (Annex 16) of the Genus Chicago Convention on international civil aviation.
2. Vietnam aviation is responsible for the study, proposed to the Ministry of transport of the Government of approving the flight line has the ability to reduce fuel consumption, reduce aircraft engine emissions on the atmosphere.
Article 5. Environmental protection in the exploitation of The mining aircraft aircraft have the responsibility: 1. To apply technology solutions, processes of extraction to reduce aircraft engine aircraft emissions into the atmosphere.
2. Apply the process of operation of aircraft at airports, the airport aimed at reducing ship engine flew in the air, including: limited operating time of aircraft engines in the rolling process, preparing to take off; increasing use of car towing aircraft in order to limit the operating time of the motor ship bay but does not cause traffic jams of flying operations.
3. building the internal control processes of gathering, sorting waste from ships and aircraft conducted.
4. Use chemicals that kill insects and toiletries in the aircraft in compliance with the provisions of category chemicals, preparations for destroying insects, bactericide used in household and medical fields are allowed to register to use, but registration is allowed limited use and prohibition of use in Vietnam by the Ministry of Health issued.
5. the prescribed procedure for using each type of chemicals to kill insects, sanitation flying ships in order to ensure the quality of the gas in the flying ship meet national technical regulation on the quality of ambient air and national technical regulation of some toxic substances in the air around them.
Section 3 ENVIRONMENTAL PROTECTION at AIRPORTS, the AIRPORT article 6. Environmental protection plans at airports, the airport 1. Environmental protection plans at airports, airports including the content: a) plans to build the technical infrastructure development, protection of the environment;
b) preventative plan, environmental incident response and incident response process environment;
c) training plan, training in environmental protection; advocacy, education, common legislation on environmental protection for officials and employees;
d) environmental monitoring plan of the area airports, airports;
DD) financial plan for environmental protection activities.
2. The exploitation of airports, airport and home to the production facilities, business, providing services at airports, airports are responsible for building environmental protection plan; periodically evaluate, adjust environmental protection plan to suit the business and production operations, his service in each period.
3. Port Service Aviation is responsible for examining, monitoring the implementation of the plan to protect the environment of the exploitation of the port, airport and Aviation of the production facilities, business, providing services at airports, airport.
Article 7. Technical infrastructure for environmental protection at airports, the airport 1. Technical infrastructure for environmental protection of airports, the airport include: a) solid waste transfer point;
b) system of gathering, processing, wastewater drainage.
2. Intermediate solid wastes must meet the following requirements: a) consistent with the detailed planning of airports, airports;
b) does not cause adverse effects on the environment;
c) don't lose important American airports, airports;
d) convenient for the transport of waste to/.
3. The system of gathering, processing, waste water discharge to ensure the quality of waste water when discharge to meet national technical regulation on waste water and national technical regulation on industrial waste water.
4. The exploitation of airports, the airport is responsible for construction, maintenance of the technical infrastructure for environmental protection of airports, airport.
5. Home base of production, trading and service providers at airports, the airport is responsible for building the infrastructure of environmental protection within the scope of their activities in sync with the technical infrastructure for environmental protection of airports, airport.
Article 8. Noise map of airports, airport 1. The exploitation of airports, the airport at the airports, the airport is located is adjacent to populated areas of responsibility: a noise map) building airports, the airport under the guidance of ICAO on methods, sequence; which curves in the noise map of the airports, the airport is taken relative to the limit with respect to public works, people born under the national technical regulation about noise due to the Ministry of natural resources and the environment, labor standards by the Ministry of Health issued;
b) Posted a map of noise was building to the Vietnam aviation, port, aviation and the district people's Committee (the district) adjacent to airports, airport to reference when planning construction land use in and around the port area of aviation, the airport.
2. Vietnam Aviation Bureau is responsible for: a) to base the socio-economic conditions and the ability of airports, the airport identified the category airports, airports need to build noise maps for each stage and inform people who exploit the airports, the airport said , done;
b) test, monitoring the construction airports noise map of the airport, according to the provisions of this circular.
Article 9. Noise control at the airports, the Airport Who exploit airports, airports are responsible for construction, issued, apply the solution of noise restrictions at airports, the airport and surrounding areas including: 1. Encourage apply orbit approach the landing and takeoff of aircraft departure to cause noise at least for residential.
2. Reduce the operating time of the Thieu ship in the bay.
3. engine testing area specified aircraft cause noise at least to workers, surrounding areas and adopt measures to reduce the negative test.
Article 10. Emissions control at airports, the airport 1. The exploitation of airports, airports are responsible for setting up the internal logical port to minimize the distance the media activity.
2. The system of mining facilities, equipment, operations at airports, airports are responsible for construction, apply the solution minimizes emissions include: a) perform system maintenance vehicles, equipment and the right regulatory regime;
b) restrict the operation of the motor when the vehicles, the equipment stoppage;
c) applied speed, reasonable acceleration mode when the media, active devices in airports, airports;
d) encouraged the use of power supply, air-conditioning equipment on the ground by the device using the energy saving and efficiency or the use of clean fuel;
DD) plans to replace to eliminate the use of refrigerated equipment using refrigerants CFC Group (Clorofluorocacbon).
3. aircraft maintenance facility are responsible for adopting measures to reduce aircraft engine exhaust during engine test aircraft. Encourage use of the system of currency, reduced engine emissions in aircraft engine test aircraft.
Article 11. Waste water control at airports, the airport 1. The exploitation of airports, airports are responsible for: a) guide the home base of production, business, providing services at airports, the airport made the collectors, sewage effluent discharge requirements on waste water treatment system, waste water drainage system of airports the airport;
b) held by collectors, wastewater from aircraft to meet the demand for transport of goods, passengers and the provisions on the protection of the environment at the airports, the airport.
c) when warning of health quarantine authorities at international airports, the airport about infectious disease hazards it must organize the sterilization of waste water from ships flying under regulation before processing.
2. The base maintenance of aircraft, maintenance of vehicles and equipment at airports, airports are responsible for construction, apply measures to minimize the pollution of the water environment, including:

a) prevent the direct or indirect leak of fuel, grease, chemical area airports, the airport is in the process of ship maintenance bay, in the extraction process, maintenance of facilities and systems of the equipment;
b) separate grease mixed in waste water from ship maintenance activities, facilities, equipment and waste discharge into the system before the collectors, sewage of airports, airports;
c) perform maintenance, washing vehicles, aircraft, equipment in the areas of wastewater and grease separation from sewage.
Article 12. Solid waste management at airports, the airport 1. The exploitation of airports, airports; home base business, production, providing services at airports, the airport has the solid waste generated at airports, airports are responsible for constructing, implementing rules on classification, collecting, storing, transporting and handling of solid waste pursuant to the law on solid waste management.
2. When the Agency's alert international medical quarantine at airports, the airport of dangerous infectious disease must disinfect Organization solid waste from ships flying under regulation before processing.
3. The exploitation of airports, airport guidance the basis of production, business, providing services at airports, the airport made the process of collecting, processing, solid waste collected about solid waste transfer point at airports, airports to meet the requirements of environmental protection work at the port.
4. organizations and individuals, collectors, solid waste transport at airports, airports have to apply measures to prevent dust emissions, solid waste scattered in the process of gathering, transporting solid waste.
Article 13. Hazardous waste management in airports, the airport 1. The exploitation of airports, airports; home base business, production, providing services at airports, airports have generated hazardous waste have to register hazardous waste waste source owner, organization, classification of hazardous waste management in accordance with circular No. 12/2009/TT-BTNMT on April 14, 2010 the Minister of natural resources and environment regulations on hazardous waste management.
2. organizations and individuals have licensed to transport hazardous waste management, be allowed to transport hazardous waste in the port area of aviation, the airport.
Article 14. Prevention, environmental incident response at airports, the airport 1. The exploitation of airports, airports are responsible for construction, apply preventive measures and environmental incident response at airports, the airport include: a) preventive planning, incident response processes to the environment at airports, the airport and the main responsibility in conducting troubleshooting environment;
b), equipment and installation of equipment, tools, means of response to common environmental problems and guide the home base of production, business, providing services at airports, the airport installations, equipment, tools, equipment, means of responding to environmental problems;
c) training, coaching, construct in place environmental incident response;
d) comply with the regulations on labor safety, perform a regular inspection regime;
DD) Has the responsibility to implement or recommend competent authorities made timely measures to eliminate the cause of trouble detecting signs of environmental issues.
2. plan for prevention, incident response environment of airports, airports including the content: a) General manufacturing operations, business services at airports, airports; forecasts likely to cause environmental problems; diagram of the areas affected by environmental problems; contact name and telephone number of the Organization, the individual is the clue in the case of environmental issues;
b) troubleshooting script environment at the airports, the airport management; clean oil spills, chemical leaks; the category of hazardous material could leak; emergency equipment at risk; the environmental monitoring; process monitor, process and revert to the environment.
3. Activities implemented environmental incident response at airports, the airport is done as follows: a) danger zone set and quarantined those who do not have the responsibility to respond to environmental incidents from the danger zone;
b) contact, inform the port service Vietnam aviation, aviation, to solve;
c) approaching the danger zone in the direction of the wind to minimize exposure to fumes, toxic gases;
d) uses billboards, product labels on containers, orders to identify, provide information about the chemical leaked to the person responsible for responding;
DD) reviews environmental issues according to specification: fire or no fire, spill or leak phenomena of fuel or not, the weather, the terrain, the risk to people, property and environment;
e) practice environmental incident response: apply the appropriate response methods; establish communications; set operating online response; coordinating organizations responding in sync;
g) detailed report full results of environmental incident response about the Vietnam Civil Aviation Administration and the Department of transportation.
4. Home base business, production, providing services at airports, the airport has the potential for environmental responsibility: a) capacity building for prevention, environmental incident response consistent with plans to prevent environmental incident response, of The exploitation of airports the airport;
b) implement emergency measures to ensure the safety of people and property in their area to manage when there are environmental issues; Organization of rescue people, property and promptly notify the exploitation of airports, airport and Port service to coordinate processing.
5. Port Service Aviation is responsible for examining, monitoring the construction and implementation of plans to prevent, respond to environmental incidents at airports, airport.
Article 15. Application of the environmental management system at airports, the airport encourages the exploitation of airports, airports; home base business, production, providing services at airports, the airport investment research, the application of the environmental management system according to ISO 14001 in his unit to improve the ability to meet the legal requirements on the protection of the environment; increased competition in the provision of services; the plan, environmental protection program on a system and increase flexibility when circumstances change; because the goal of sustainable development.
Section 4 ENVIRONMENTAL PROTECTION for OTHER ACTIVITIES in CIVIL AVIATION ACTIVITIES article 16. Environmental protection requirements for the discharge of fuel, dropping cargo, baggage or other items from Vietnam aviation aircraft are responsible for recommending the Ministry of transportation announced fuel discharge area, drop luggage, goods and other objects from the ship flying under the provisions of article 88 Vietnam civil aviation Law and measures to minimize the impact environment for this area.
Article 17. Requirements for the use of the drug plant protection plant protection drugs used to spray sprayed from aircraft, used in airports, the airport must comply with regulation in plant protection drugs categories are allowed to use, limited use, prohibits the use in Vietnam by the Ministry of agriculture and rural development.
Article 18. Environmental protection requirements for the emission equipment 1. Home base use radiation equipment to check baggage, medical and cargo at airports, the airport must comply with the provisions of the law on radiation safety.
2. Home Base provides air traffic services must comply with the provisions of the law on secure radio radiation, radiation limits and in compliance with regulations on labor hygiene of the Ministry of health.
Article 19. Report mode 1. The exploitation of airports, the airport reported the situation of environmental protection in airports, airport to Port, Vietnam aviation service of aviation before 30 November each year according to the form prescribed in annex 1 of this circular and responsible before the law on information , figures in the report.
2. The exploitation of aircraft reported the situation of environmental protection about his Vietnam aviation before 30 November each year according to the form prescribed in annex 2 of this circular and responsible before the law on information, figures in the report.
3. Home base business, production, providing services at airports, the airport reported the situation of environmental protection for The exploitation of airports, the airport before October 30, according to the form prescribed in annex 3 of this circular and responsible before the law on the information , figures in the report.
4. Port service row does not report on the Vietnam aviation test results, monitoring, reviews the situation of environmental protection in airports, the airport and proposed recommendations before December 15 of each year.
Article 20. Profile management of environmental protection 1. The exploitation of airports, airports; the exploitation of aircraft; production facilities, business, providing services at airports, the airport, the management of records related to the environmental protection work of his unit include: a) of noise certificates and the processes, solutions, category, planning related to environmental protection activities have been specified in this circular;
b) report, environmental impact assessment and a commitment to protect the environment, environmental protection project details, environmental protection project simply has been approved;
c) license for exploration, mining, water use under the land (if available);
waste water discharge permit) on water resources (if any);
DD) has made the certification works, environmental protection measures serve the operating period under the provisions of the law on environmental protection (if any);
e) promulgating the functions and duties of the individual parts are dedicated or part-time environmental protection;
g) gathering, contract transport, recycling, solid waste, hazardous waste, liquid waste;

h) environmental monitoring results periodically according to the assessment report on the environmental impact, a commitment to protect the environment, environmental protection project details, environmental protection project simply has been approved and the results of other monitoring under the provisions of the law;
I) The test results of the environmental protection agency has the Authority (if any).
2. The profile of environmental protection is the base for The exploitation of the port, the airport, the train mining, manufacturing, business, providing services at airports, the airport reviews results of environmental protection has done and is the basis for the governing body of the relevant State examination monitoring the implementation of the law on the protection of the environment in the unit.
 
Section 5 article 21 ENFORCEMENT TERMS. Implementation 1. Vietnam aviation is responsible for implementation of this circular.
2. Port Service Aviation is responsible for examining, monitoring compliance with the provisions of this circular in the airports, the airport.
Article 22. Effect 1. This circular is effective from March 1st, 2013.
2. Annuls Article 58 circular No. 16/2009/TT-BGTVT dated 30 June 2010 of the Minister of transport of detailed rules on the management and exploitation of airports and airport decision No. 9/2001/QD-CHK on July 5, 2001 by the Director General of Vietnam Airlines issued the regulation on the protection of the environment and civil aviation sectors Vietnam.
Article 23. Enforcement of terms of Office, the Chief Inspector, Director of the Service, Vietnam Airlines Director General, heads of agencies, units and individuals concerned is responsible for the implementation of this circular.
In the process of implementing this circular have arisen difficulties and obstacles, the ministries, the local organization, timely personal reflection on the Ministry of transportation to guides or modified, supplemented as appropriate./.