Decision No. 18/2020/QĐ-TTg Establishing No-Fly Zones and Restricted Flight Zones for Unmanned Aircraft and Ultra-Light Aircraft

Pursuant to …;

Establishing no-fly zones and restricted flight zones for unmanned aircraft and ultra-light aircraft

unmanned aerial vehicles and ultra-light aircraft

Pursuant to the Government Organization Law dated June 19, 2015;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Ordinance on Protection of National Defense Works and Military Areas dated May 19, 1994;

Pursuant to the Ordinance on Protection of State Works Related to National Security dated April 20, 2007;

Pursuant to Decree No. 36/2008/NĐ-CP dated March 28, 2008 of the Government on management of unmanned aircraft and ultra-light aircraft;

Pursuant to Decree No. 32/2016/NĐ-CP dated May 6, 2016 of the Government on management of aviation obstacles and airspace control and protection zones in Vietnam;

"Based on the proposal of the Minister of National Defense;"

The Prime Minister issues this Decision establishing no-fly zones and restricted flight zones for unmanned aircraft and ultra-light aircraft.

Article 1. Scope of Regulation

This Decision stipulates the establishment of no-fly zones and restricted flight zones for unmanned aircraft and ultra-light aircraft in Vietnamese airspace and the responsibilities of relevant organizations and individuals.

Article 2. Applicability

1. This Decision applies to Vietnamese and foreign organizations and individuals involved in the management and operation of unmanned aircraft and ultra-light aircraft in Vietnamese airspace.

2. This Decision does not apply to unmanned aircraft and ultra-light aircraft used for official purposes.

Article 3. No-Fly Zones

1. Areas of national defense works and particularly important military areas authorized by the Government for direct management and protection by the Ministry of National Defense.

The horizontal distance from unmanned aircraft and ultra-light aircraft operations to the boundary of the no-fly zone must be no less than 500 meters at all altitudes.

2. Office areas.

Office areas of Party and State agencies, the National Assembly, the Government, central departments and ministries; the Central Committee of the Vietnam Fatherland Front; office areas of provincial and centrally-administered city Party Committees, People's Councils, and People's Committees; office areas of diplomatic missions, consular offices, and international organization representative offices in Vietnam.

The horizontal distance from unmanned aircraft and ultra-light aircraft operations to the boundary of the no-fly zone must be no less than 200 meters at all altitudes.

3. National defense and security areas.

Areas of troop deployment, combat equipment, combat readiness, combat training, target protection; storage areas, factories, logistics and technical bases, detention centers, temporary detention centers, holding houses of forces under the Ministry of National Defense and the Ministry of Public Security; areas of state-important works related to national security.

The horizontal distance from unmanned aircraft and ultra-light aircraft operations to the boundary of the no-fly zone must be no less than 500 meters at all altitudes.

4. Airports with civil and military aircraft operations.

a) For airports with one runway, the no-fly zone is limited within a rectangular area determined from the positions of the runway thresholds at both ends of the runway, extended outward from both ends of the runway up to 15,000 meters and from the centerline of the runway up to 5,000 meters on either side at all altitudes;

b) For airports with two or more runways, the no-fly zone is limited within a rectangular area determined from the position of the farthest runway threshold along the direction of aircraft takeoff and landing, extended outward from both ends of the runway up to 15,000 meters and from the centerlines of the outermost runways up to 5,000 meters on either side at all altitudes (details in the attached diagram to this Decision);

c) For some airports with civil aircraft operations at a frequency of less than six flights per day, flexible no-fly zones may be applied. However, flying inside the airport boundaries is not allowed; flying before and after one hour of scheduled aircraft operations at the airport is prohibited; flying can only occur with the consent of the air traffic control and airport operation management authorities.

5. Areas within the limits of air routes, air corridors, and air lanes that have been approved in Vietnamese airspace, the scope of which is specified in the Vietnamese Aeronautical Information Publication (AIP Vietnam) published by the Civil Aviation Administration of Vietnam.

6. In special cases due to national defense, security reasons, or upon request of ministries, sectors, and localities to ensure flight safety and social order, the Ministry of National Defense decides temporarily to restrict or prohibit flying of unmanned aircraft and ultra-light aircraft in one or several areas within the territory of Vietnam; such decisions take immediate effect.

Article 4. Restricted Airspace Areas

1. The airspace area with an altitude greater than 120 meters above ground level (excluding the airspace areas of prohibited zones as stipulated in Article 3 of this Decision).

2. Areas densely populated.

3. Border areas.

a) The land border between Vietnam and China is 25,000 meters from the border line towards the interior of Vietnam at all altitudes;

b) The land border between Vietnam and Laos, and Vietnam and Cambodia is 10,000 meters from the border line towards the interior of Vietnam at all altitudes.

4. The area adjacent to the restricted zone at airports where civil aviation aircraft and military aircraft operate, extending outward 3,000 meters in width and 5,000 meters in length from the boundary of the restricted zone at the airport; the altitude is less than 120 meters above ground level (details in the attached diagram to this Decision).

5. The organization of unmanned aircraft and ultra-light aircraft flight activities within restricted airspace areas must comply with the requirements of the air traffic permit authority.

Article 5. Responsibilities of Ministries, Sectors, and Localities

1. Ministry of National Defense.

To take the lead and coordinate with the Ministry of Public Security, the Ministry of Transport, and related agencies, provincial people's committees under the central government to determine and publish detailed information on prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft in each locality and post it on the Ministry of National Defense’s online portal; to establish regulations and manage prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft.

2. Ministry of Public Security.

To coordinate with the Ministry of National Defense to determine prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft within the scope managed by the Ministry of Public Security; to participate in formulating regulations and implementing measures to manage prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft.

3. Ministry of Transport.

To coordinate with the Ministry of National Defense to determine prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft in the vicinity of airports where civil aviation aircraft operate and within the scope managed by the Ministry of Transport; to participate in formulating regulations and implementing measures to manage prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft.

4. Responsibilities of related agencies.

To coordinate with the Ministry of National Defense to determine prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft within the scope managed by the agency; to participate in formulating regulations and implementing measures to manage prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft.

5. Responsibilities of local people's committees at all levels.

To coordinate with the Ministry of National Defense and related agencies to determine prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft within the scope managed by the locality and post it on the locality’s online portal; to implement measures to manage prohibited zones and restricted zones for unmanned aircraft and ultra-light aircraft for district-level and commune-level people's committees and equivalent bodies under the province and centrally-administered city.

Article 6. Financial Resources

The funds for implementing tasks according to this Decision shall be used within the annual regular budget estimates of ministries, central agencies, and localities in accordance with current state budget decentralization regulations.

Article 7. Effective Date

This Decision takes effect from June 10, 2020.

Article 8. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of governmental agencies, and chairpersons of provincial/municipal people's committees under the central government are responsible for enforcing this Decision./