Circular No. 35/2017/TT-BQP stipulates the criteria for qualification to fly; standards and procedures for issuing licenses to design, produce, repair, maintain, and test aircraft, aircraft engines, propellers, and equipment of unmanned aerial vehicles (UAVs) and ultra-light aircraft; and the operation of UAVs and ultra-light aircraft.

CIRCULAR

REGULATIONS ON AIRWORTHINESS STANDARDS; STANDARDS AND PROCEDURES FOR ISSUING LICENSES TO DESIGN, PRODUCE, REPAIR, MAINTAIN, TEST AIRCRAFT, AIRCRAFT ENGINES, ROTORS, EQUIPMENT OF UNMANNED AIRCRAFT AND LIGHT SPORT AIRCRAFT; OPERATING UNMANNED AIRCRAFT AND LIGHT SPORT AIRCRAFT

LICENSE FOR ESTABLISHING DESIGN, PRODUCTION, REPAIR, MAINTENANCE, TESTING FACILITIES FOR AIRCRAFT, AIRCRAFT ENGINES, AIRCRAFT PROPELLERS AND EQUIPMENT OF UNMANNED AIRCRAFT; EXPLOITATION OF UNMANNED AIRCRAFT AND ULTRA-LIGHT AIRCRAFT

LICENSE FOR ESTABLISHING DESIGN, PRODUCTION, REPAIR, MAINTENANCE, TESTING FACILITIES FOR AIRCRAFT, AIRCRAFT ENGINES, AIRCRAFT PROPELLERS AND EQUIPMENT OF UNMANNED AIRCRAFT; EXPLOITATION OF UNMANNED AIRCRAFT AND ULTRA-LIGHT AIRCRAFT

UNMANNED AIRCRAFT AND ULTRA-LIGHT AIRCRAFT

EXPLOITATION OF UNMANNED AIRCRAFT AND ULTRA-LIGHT AIRCRAFT

On the basis of the Civil Aviation Law dated June 29, 2006; the Law Amending and Supplementing Some Articles of the Civil Aviation Law dated November 21, 2014;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Chief of General Staff;

The Minister of National Defense promulgates this Circular to stipulate airworthiness standards; standards and procedures for issuing licenses to design, produce, repair, maintain, test aircraft, aircraft engines, rotors, equipment of unmanned aircraft and light sport aircraft; operating unmanned aircraft and light sport aircraft.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates airworthiness standards; standards and procedures for issuing licenses to design, produce, repair, maintain, test aircraft, aircraft engines, rotors, equipment of unmanned aircraft and light sport aircraft; operating unmanned aircraft and light sport aircraft and the responsibilities of relevant agencies, units, organizations, and individuals.

Article 2. Applicability

1. Agencies, organizations, and individuals, both Vietnamese and foreign, operating in Vietnam in designing, producing, repairing, maintaining, testing aircraft, aircraft engines, rotors, equipment of unmanned aircraft and light sport aircraft; operating unmanned aircraft and light sport aircraft.

2. Relevant agencies, units, organizations, and individuals.

Article 3. Explanation of Terms

1. Airworthiness standards are parameters and technical requirements of unmanned aircraft and light sport aircraft equipment to ensure security and safety during operation.

2. Standards for design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, rotors, equipment of unmanned aircraft and light sport aircraft are determined based on the purpose of using the equipment; resources, capacity, legal basis, technical design documents, and technology suitable for ensuring airworthiness standards.

3. An operator of unmanned aircraft and light sport aircraft is an agency, organization, or individual that is the owner of the unmanned aircraft or light sport aircraft, or an agency, organization, or individual legally leasing, borrowing, or authorized to use them according to the law.

Chapter 2

AIRWORTHINESS STANDARDS; STANDARDS AND PROCEDURES FOR ISSUING LICENSES TO DESIGN, PRODUCE, REPAIR,

MAINTAIN, TEST AIRCRAFT, AIRCRAFT ENGINES,

ROTORS,

EQUIPMENT OF AIRCRAFT UNMANNED AND LIGHT SPORT AIRCRAFT

UNMANNED AIRCRAFT AND ULTRA-LIGHT AIRCRAFT

Article 4. Airworthiness standards for unmanned aircraft

Unmanned aircraft meet airworthiness standards when the operator provides the following complete, specific, and accurate information:

1. Identification characteristics of unmanned aircraft:

a) Type, symbol, color, logo (if applicable);

b) Shape with a color image at A4 size;

c) Origin (place of manufacture, Manufacturer, year of manufacture, serial number, material);

d) Name, address, contact phone number of the agency, organization, or individual applying for permission, flight organization.

2. Basic features:

a) Wingspan, length, height;

b) Number and type of engines, place of engine manufacture;

c) Type of fuel used, fuel tank capacity;

d) Maximum takeoff weight;

đ) Flight speed: Maximum flight speed; climb speed, descent speed, cruise speed;

e) Maximum range;

g) Maximum flight altitude, time to reach maximum altitude, flight duration, operational radius;

h) Takeoff and landing methods;

i) Size of takeoff and landing area;

k) Load-carrying capability, hanging equipment (with a description of the equipment's features, identification code if applicable);

l) Aircraft control method, control software, type of control equipment (combination), control frequency, ground station (if applicable);

m) Aviation communication equipment, navigation equipment, flight monitoring equipment (with feature descriptions);

n) Positioning equipment (describe positioning equipment features if applicable);

o) Type and features of data transmission equipment, data transmission capability, flight log storage capability (if applicable);

p) Description of control methods and flight modes;

q) Description of signal light operations during flight (if applicable);

r) Aircraft transportation means (if applicable);

s) Number of personnel involved in operation and control;

t) Operating conditions (requirements for takeoff and landing positions; temperature, humidity, wind speed, and other related contents);

u) Purpose of use (clearly state commercial, cultural, sports, scientific research, entertainment, photography, filming, reconnaissance, observation purposes, and other related contents);

v) Other flight features (if applicable).

Article 5. Standards for Qualification to Fly for Light Aircraft

1. For manned hot air balloons, they meet the qualification to fly when the operator provides the following complete, specific, and accurate information:

a) Identification characteristics:

- Type, symbol, color, logo (if applicable);

- Shape accompanied by a color image on A4 size paper;

- Origin (place of manufacture, Manufacturer, year of manufacture, serial number, manufacturing material);

- Name, address, contact phone number of the agency, organization, individual requesting permission, flying organization.

b) Basic performance:

- Maximum height when fully inflated;

- Width when fully inflated;

- Size of the basket carrying equipment and people;

- Type of control engine, air-blowing engine, weight of the engine;

- Type of fuel (type of gas) used, fuel tank capacity;

- Maximum weight of the hot air balloon;

- Speed: Maximum speed, ascent speed, descent speed, cruise speed;

- Maximum range;

- Maximum flight altitude, time to reach maximum altitude, maximum flight time, operational radius;

- Description of control method and flight mode;

- Capability to carry suspended equipment and people (number, weight);

- Control method, control frequency (if applicable);

- Air traffic information equipment, navigation equipment, flight monitoring equipment, identification code (if applicable);

- Positioning device (describe positioning device features if applicable);

- Type and function of data transmission equipment, data transmission capability, flight path data storage (if applicable);

- Description of signal light operation during flight (if applicable);

- Number of personnel involved in operation and control;

- Flight operation conditions (launch, release, suspension position requirements, temperature, wind speed, humidity);

- Logo images, advertising images on the hot air balloon (if applicable);

- Suspension or flight height;

- Purpose of use and application (specify commercial, cultural, sports, scientific research, entertainment, photography, filming, reconnaissance, observation purposes...);

- Other flight capabilities (if applicable).

2. For unmanned hot air balloons, they meet the qualification to fly when the operator provides the following complete, specific, and accurate information:

a) Identification characteristics:

- Type, symbol, color, logo (if applicable);

- Shape accompanied by a color image on A4 size paper;

- Origin (place of manufacture, Manufacturer, year of manufacture, serial number, manufacturing material);

- Name, address, contact phone number of the agency, organization, individual requesting permission, flying organization.

b) Basic performance:

- Maximum height when fully inflated;

- Width when fully inflated;

- Size of the basket carrying equipment;

- Type of control engine, air-blowing engine, weight of the engine;

- Type of fuel (type of gas) used, fuel tank capacity; - Maximum weight of the hot air balloon;

- Speed: Maximum speed, ascent speed, descent speed, cruise speed; - Maximum range;

- Maximum flight altitude, time to reach maximum altitude, flight time, operational radius;

- Description of control method and flight mode;

- Capability to carry, suspend equipment (number, weight);

- Control method, control frequency, identification code (if applicable);

- Air traffic information equipment, navigation equipment, flight monitoring equipment;

- Positioning device (describe positioning device features if applicable);

- Type and function of data transmission equipment, data transmission capability (if applicable);

- Description of signal light operation during flight (if applicable);

- Number of personnel involved in operation;

- Flight operation conditions (launch, release, suspension position requirements, temperature, wind speed, humidity);

- Other flight capabilities (if applicable).

3. For flying models, they meet the qualification to fly when they satisfy the following standards:

a) Identification characteristics:

- Type, symbol, color, logo (if applicable);

- Wing shape (for gliders), parachute shape accompanied by a color image on A4 size paper;

- Origin (place of manufacture, Manufacturer, year of manufacture, serial number, manufacturing material);

- Name, address, contact phone number of the agency, organization, individual requesting permission, flying organization.

b) Basic performance:

- Dimensions (length, width, height);

- Quantity, type of engine (if applicable);

- Fuel type used for the engine, fuel tank capacity (if applicable);

- Maximum takeoff weight;

- Speed: Maximum speed; Ascent speed, descent speed, cruise speed;

- Control method, control frequency, flight mode;

- Maximum range;

- Maximum flight altitude, flight time, operational radius;

- Takeoff and landing methods;

- Takeoff and landing field dimensions;

- Capability to carry, suspend equipment, people, other items (number, weight);

- Control method, control software, type of control equipment, identification code (if applicable);

- Air traffic information equipment, navigation equipment, flight monitoring equipment (with feature description);

- Positioning device (describe positioning device features if applicable);

- Purpose of use and application;

- Other flight capabilities (if applicable).

Article 6. Standards for design, production, repair, maintenance facilities for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft

Clause 1. Must have complete legal documents issued or registered by competent state agencies in accordance with the law.

Clause 2. Must have qualified aviation technical staff to meet the requirements for aircraft design, production, repair, and maintenance activities, as well as propeller aircraft engines and equipment of unmanned aircraft and ultralight aircraft.

Clause 3. Must have appropriate equipment, means, workshops, parking areas, and materials used for design and manufacturing.

Clause 4. Must prove that aircraft designs and equipment installed on unmanned aircraft and ultralight aircraft comply with the airworthiness standards for aircraft and ultralight aircraft.

Clause 5. Must have design, manufacturing, assembly, testing, maintenance, and repair procedures for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft that comply with the airworthiness standards for aircraft and ultralight aircraft.

Clause 6. Must have product quality certification and ensure safety and environmental protection requirements for unmanned aircraft and ultralight aircraft as stipulated by law.

Article 7. Standards for testing facilities for aircraft, propeller aircraft engines, equipment of unmanned aircraft, and ultralight aircraft

Clause 1. Must have complete testing equipment and tools to serve the purpose of testing aircraft, equipment of unmanned aircraft, and ultralight aircraft.

Clause 2. Must have complete standard procedure documentation for testing each type of aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft.

Clause 3. Must have qualified technical staff; have the ability to conduct and evaluate test results for aircraft, engines, and equipment of unmanned aircraft and ultralight aircraft.

Clause 4. Testing facilities must be located in areas that meet security, safety, and environmental conditions as prescribed by law.

Article 8. Procedures for issuing permits for design, production, repair, maintenance, and testing facilities for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft

Clause 1. Authority to issue permits

The Operations Department issues permits after obtaining the agreement of the Chief of General Staff.

Clause 2. Application documents for permits for design, production, repair, and maintenance facilities for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft include:

a) An application form for a permit for a design, production, repair, and maintenance facility for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft, implemented according to Model No. 01/ĐĐNCP attached as an appendix to this Circular;

b) Business registration certificate or investment permit;

c) List of production equipment and inspection equipment;

d) List of technical profession certificates of human resources;

đ) Layout plan of the production workshop floor space;

e) Design, manufacturing, repair, maintenance, production, and inspection procedures;

g) Certified copy of the Identity Card (or Passport) still valid of the Facility Owner or individual identification number (if available).

Clause 3. Application documents for permits for testing facilities for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft include:

a) An application form for a permit for a testing facility for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft, implemented according to Model No. 02/ĐĐNCP attached as an appendix to this Circular;

b) Technical description and justification of the rationality and legality of the testing equipment;

c) Testing area: Clearly specify the village, town, township (hereinafter referred to as district level); county, district, city under provincial administration, city directly under central government (hereinafter referred to as provincial level); province, centrally administered municipality (hereinafter referred to as central level); geographic coordinates (degrees-minutes-seconds) according to the VN-2000 coordinate system, size of the testing area, layout plan of the testing area relative to other structures within a radius of 500 meters;

d) Legal documents related to ownership, use, and exploitation of the testing area;

đ) Agreement documents with local authorities and relevant agencies in the testing area (if there is flight activity);

Clause 4. Implementation procedures for issuing permits

a) The owner of the design, production, repair, and testing facilities for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft is responsible for preparing one set of documents as specified in Clause 2 or Clause 3 of this Article and sending it via postal service to the Operations Department - General Staff Headquarters at the following address:

Operations Department - General Staff Headquarters, No. 1 Nguyen Tri Phuong Street, Ba Dinh District, Hanoi City; contact phone number: 069 696108; fax number: 04 37337994.

In case the documents are not compliant, within three working days from the date of receipt of the documents, the Operations Department must notify the facility owner in writing to complete the documents in accordance with the regulations.

b) From the date of receiving compliant documents, the Operations Department - General Staff Headquarters is responsible for coordinating with relevant agencies and units to review, compile reports, and report to the Chief of General Staff to issue permits to the owners of design, production, testing, repair, and maintenance facilities for aircraft, propeller aircraft engines, and equipment of unmanned aircraft and ultralight aircraft; simultaneously, notify in writing the local authorities, the Military District Command, the Provincial Military Command, and the Military Region about the issuance of the permit within the following time limit:

- Fifteen days for applications to grant permits for facilities designing, manufacturing, repairing, maintaining aircraft, aircraft engines, propellers, and unmanned aircraft equipment and light sport aircraft equipment.

- Twenty days for applications to grant permits for facilities testing aircraft, aircraft engines, propellers, and unmanned aircraft equipment and light sport aircraft equipment.

In cases where a permit is not granted, the Operations Department must provide a written response stating the reasons.

Article 9. Procedures for issuing replacement and reissuing permits for facilities designing, manufacturing, repairing, maintaining, and testing aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft.

1. Cases of replacement and reissuance

a) Replacement in cases where the permit is wrinkled, stained, torn, or where information on the permit has changed;

b) Reissuance in cases where the permit is lost, revoked, or expired.

2. Documents

a) For replacement, including: The application for replacement of the permit submitted by the facility owner according to Form No. 03/ĐĐNCP attached hereto; the previously issued permit;

b) For reissuance, including: The application for reissuance of the permit submitted by the facility owner according to Form No. 03/ĐĐNCP attached hereto; accompanied by a confirmation from the competent authority regarding the loss of the permit or its expiration.

3. Implementation Procedures

a) The owner of facilities designing, manufacturing, repairing, maintaining, and testing aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft, as specified in Clause 1 of this Article, shall be responsible for preparing one set of documents as stipulated in Clause 2 of this Article and sending it via postal service to the Operations Department - General Staff Headquarters at the address specified in Point a of Clause 4 of Article 8 of this Circular;

b) Within seven working days from the date of receipt of valid documents, the Operations Department shall be responsible for reviewing, assessing, and issuing replacement or reissuance of permits for the owner of facilities designing, manufacturing, repairing, maintaining, and testing aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft. In cases where the documents are incomplete, the Operations Department shall notify the facility owner in writing to complete the documents as required. The time taken by the facility owner to complete the documents will not be included in the processing period.

Article 10. Revocation of permits for facilities designing, manufacturing, repairing, maintaining, and testing aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft.

1. Organizations, entities, or individuals who are owners of facilities designing, manufacturing, repairing, maintaining, and testing aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft shall have their permits revoked if they violate any of the following situations:

a) Having been granted a permit but designing, manufacturing, testing, repairing, or maintaining aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft with types or quality not matching those registered for the permit application;

b) Seriously violating regulations concerning environmental protection, safety, and public order within and outside the permitted area;

c) Not declaring or registering with the local authorities at the commune level and the Military Command at the district level, or the Provincial Military Command, or not registering at the location declared for designing, manufacturing, testing, repairing, or maintaining aircraft, aircraft engines, propellers, and equipment of unmanned aircraft and light sport aircraft;

d) Violating regulations that have been warned about and administratively handled two or more times without rectification or recurrence.

2. Organizations, entities, or individuals who are owners of facilities violating any of the situations specified in Clause 1 of this Article, the Operations Department shall report to the Head of the General Staff Headquarters and issue a decision to revoke the permit.

Chapter 3

EXPLOITATION OF UNMANNED AIRCRAFT AND

LIGHT SPORT AIRCRAFT

Article 11. Documents to be carried when exploiting unmanned aircraft systems and ultra-light aircraft

1. The flight permit shall be issued by the Operations Directorate of the General Staff Department.

2. Documents proving the legality of the entity, organization, or individual conducting exploitation activities of unmanned aircraft systems and ultra-light aircraft (hereinafter referred to as the Exploiter) include:

a) Identity card, personal identification number (if available), or passport;

b) Business license, press operation permit, filming and photography permit, tour guide certificate; pilot license or qualification certificate for operating aircraft (if available).

3. Documents proving the legality of unmanned aircraft systems and ultra-light aircraft include: Authorization usage permit, import permit, purchase invoice for aircraft, insurance policy, registration, inspection certificate (if available).

4. In cases where exploitation activities of unmanned aircraft systems and ultra-light aircraft take place in airspace with a width of ten (10) kilometers from the national border towards inland Vietnam, the Exploiter must provide a flight area map, specify the closest flight path distance to the border, control method, communication equipment, navigation equipment, payload equipment (if available).

5. In cases where exploitation activities of unmanned aircraft systems and ultra-light aircraft occur in areas adjacent to or within the operational range of Party, State, National Assembly, Government, Ministry of Defense, Ministry of Public Security, People's Committees of provinces and centrally governed cities, and defense and security areas, the Exploiter must obtain written approval from the competent state agency (directly managing and protecting the above area).

6. In cases where foreign organizations or individuals come to Vietnam to exploit unmanned aircraft systems and ultra-light aircraft for purposes such as promotion, advertising, tourism, film production, television reports about Vietnam, scientific research, they must have valid documents: Passport, entry visa, ownership and registration documents for aircraft; sponsorship letter from an organization or entity in Vietnam and permission from the competent state agency.

Article 12. Division of responsibility for management and use of airspace for exploitation

1. Airspace for unmanned aircraft systems and ultra-light aircraft operations is divided as follows:

a) By flight altitude: Below fifty (50) meters; from fifty (50) meters to below two hundred (200) meters; from two hundred (200) meters to below five hundred (500) meters; above five hundred (500) meters relative to natural terrain;

b) Airspace near military and civil airports (radius eight (8) kilometers from the airport boundary);

c) Airspace over firing ranges;

d) Airspace along the border with a width of ten (10) kilometers from the national border towards inland Vietnam;

đ) Airspace as specified in Clause 5, Article 11 of this Circular;

e) Airspace over seas, islands, and archipelagos under the sovereignty of Vietnam;

g) Airspace established for testing unmanned aircraft systems and ultra-light aircraft;

2. Division of areas and responsibilities for management.

a) For the management of flights at altitudes below fifty (50) meters, it is assigned to the Military Command of the district directly responsible for management, supervision, forecasting, notification, and coordination;

b) For the management of flights at altitudes from fifty (50) meters to below two hundred (200) meters, it is assigned to the Provincial Military Command directly responsible for management, supervision, forecasting, notification, and coordination;

c) For the management of flights at altitudes from two hundred (200) meters to below five hundred (500) meters, it is assigned to the Air Defense Command of the Military Region directly responsible for management, supervision, forecasting, notification, and coordination;

d) For the management of flights at altitudes above five hundred (500) meters, it is assigned to the Air Traffic Management Centers of the Air Force Regiments under the Air Defense-Air Force Corps directly responsible for management, supervision, forecasting, notification, and coordination;

đ) For airspace near military and civil airports, it is assigned to the Air Force unit in charge of the airport directly responsible for management, supervision, and coordination;

In cases where the airport only has civil aviation flights without Air Defense-Air Force units at battalion level or higher stationed for guarding, the management of flights of unmanned aircraft systems and ultra-light aircraft is assigned to the District Military Command or the Provincial Military Command (based on the altitude of operations specified in Point a and b, Clause 2 of this Article) for management, supervision, forecasting, notification of flights based on unified coordination with the Civil Aviation Air Traffic Control Agency at that airport;

e) For airspace over firing ranges at altitudes below five hundred (500) meters, it is assigned to the unit managing the firing range directly responsible for coordination, supervision, forecasting, and notification of flights based on unified coordination with related units and agencies involved in airspace and flight management in the area;

g) For airspace along the border at altitudes below five hundred (500) meters, it is assigned to the Border Guard Command of the province directly responsible for coordination, supervision, forecasting, and notification of flights based on unified coordination with related units and agencies involved in airspace and flight management in the area;

h) For airspace as specified in Clause 5, Article 11 of this Circular at altitudes below five hundred (500) meters, it is assigned to military units at regiment level or higher directly responsible for protecting the area, management, coordination, supervision, forecasting, and notification of flights;

i) For airspace over seas, islands, archipelagos, and platforms under the sovereignty of Vietnam at altitudes below five hundred (500) meters, not within the vicinity of military and civil airports, it is assigned to the unit directly responsible for protecting the sea, islands, and platforms for management, coordination, supervision, forecasting, and notification of flights;

In cases where there are multiple military units stationed on an island, the management, coordination, supervision, forecasting, and notification of flights are assigned to the unit serving as the commander of the area, based on unified coordination with related units and agencies involved in airspace and flight management in the area.

3. The establishment of airspace zones, granting permits for testing and operating unmanned aircraft systems and ultra-light aircraft in various areas and altitudes; the designation of agencies and units responsible for management, coordination, supervision, forecasting, and notification of flights shall be determined based on the nature of the testing and operation of unmanned aircraft systems and ultra-light aircraft as stipulated in the flight permit issued by the Combat Operations Department, ensuring that it does not affect national defense, security, and flight safety in the area.

Article 13. Organization of Management, Coordination, Operation, and Supervision of Flights

1. Flight Management Organization:

a) The management of unmanned aircraft systems and ultra-light aircraft includes the following contents: Granting flight permits; coordinating forecasts and notifications of flights; managing and supervising flight activities;

b) Agencies and units assigned to organize management include: The Combat Operations Department; the Air Defense-Air Force Military Region; Air Defense Agencies of Military Regions, the Capital Command of Hanoi, the Navy Military Region; Provincial Military Commands, Provincial Border Guard Commands; County People's Militia Battalions; Commanders of units guarding and protecting areas where work is conducted by Party, State, National Assembly, Government, Ministry of Defense, Ministry of Public Security, People's Committees of provinces and cities, and defense and security areas; Border Guard Posts, according to the division of responsibilities specified in Clause 2 of Article 12 of this Circular.

2. Flight Coordination Organization:

a) Operators must directly coordinate with the agencies and units specified in Clauses 2 and 3 of Article 12 of this Circular;

b) Coordination with the agencies and units specified in Clauses 2 and 3 of Article 12 of this Circular is detailed in the flight permit issued by the Combat Operations Department.

3. Flight Operation Organization

The organization of flight operations for unmanned aircraft systems and ultra-light aircraft within the permitted area is the responsibility of the agency, organization, or individual requesting the flight permit, who directly manages and implements in accordance with the law.

Other cases are specified in the flight permit issued by the Combat Operations Department.

4. Organization of Supervision of Flight Activities

The organization of supervision of flight activities for unmanned aircraft systems and ultra-light aircraft aims to manage airspace, manage flights, ensure compliance with coordination and operation regulations, guarantee flight safety, public order, social safety, and the interests of all parties involved.

The organization of supervision of flight activities for unmanned aircraft systems and ultra-light aircraft includes units such as Border Guard Posts; Commanders of units protecting the areas specified in Clause 5 of Article 11 of this Circular; Commanders of areas guarding and protecting airport, firing range, island, and platform areas; County People's Militia Battalions; Provincial Military Commands, Provincial Border Guard Commands; Air Defense Agencies of Military Regions, the Capital Command of Hanoi, the Navy Military Region; Corps, Air Traffic Control Management Agencies, Airspace Management Agencies of the Air Defense-Air Force Military Region; The Combat Operations Department.

Article 14. Administrative Sanctions for Violations

If operators violate regulations in the management, coordination, and operation of flight activities, they will be subject to administrative sanctions based on the nature and severity of the violation, as provided for in the Law on Handling Administrative Violations and detailed implementing regulations, or may be held criminally liable under Vietnamese law.

Chapter 4

RESPONSIBILITIES OF AGENCIES, UNITS, ORGANIZATIONS, AND INDIVIDUALS

Article 15. Responsibilities of Functional Agencies under the Ministry of National Defense

1. General Staff Department

Directs the Operations Directorate to coordinate with relevant agencies, subordinate units of the Ministry of National Defense, ministries, local departments, and related agencies to examine and issue permits for design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of unmanned aerial vehicles (UAVs), ultra-light aircraft; manage the operation of UAVs and ultra-light aircraft.

2. Operations Directorate - General Staff Department:

a) Receive applications, coordinate with related agencies and units to examine and issue permits for design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft; issue flight permits for test flights and operations of UAVs and ultra-light aircraft after obtaining approval from the Head of the General Staff Department;

b) Lead coordination with military agencies, local authorities, and related agencies to inspect and supervise design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft; organizations, individuals operating UAVs and ultra-light aircraft;

c) Revoke permits issued to design, production, testing, repair, and maintenance facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft.

3. Functional Agencies under the Ministry of National Defense

The Technical General Department, Standardization-Measurement-Quality Control Bureau, Military Science Bureau, and related agencies under the Ministry of National Defense are responsible for coordinating with the Operations Directorate to inspect and examine design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft when required.

Article 16. Responsibilities of Related Units

1. Air Defense-Air Force Corps:

a) Direct agencies and units under its management to closely cooperate and supervise UAV and ultra-light aircraft flight activities within the area of responsibility as specified in Points d and đ Clause 2 and Clause 3 Article 12 of this Circular;

b) Receive and manage flight permit information, forecasts, and cooperative flight notifications as prescribed;

c) Coordinate with the Operations Directorate to inspect and examine application files for permits for design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, and equipment and devices of UAVs, ultra-light aircraft when required.

2. Military Regions, Corps, Command of the Capital City of Hanoi, Navy Corps, Border Guard Command, Coast Guard Command.

Direct agencies and units under their management to closely cooperate and supervise UAV and ultra-light aircraft flight activities within their areas of responsibility; coordinate with local authorities and public security agencies to manage the activities of design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft, and their operation activities within their jurisdictions.

3. Provincial Military Command:

a) Direct agencies and units under its management to closely cooperate and supervise UAV and ultra-light aircraft flight activities within its area of responsibility;

b) Coordinate with local authorities and public security agencies to manage the activities of design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft within its jurisdiction; handle violations of defense, security laws; aviation safety or flight organization causing damage to people and property on the ground according to the law.

4. Provincial Border Guard Command:

a) Direct agencies and units under its management to conduct UAV and ultra-light aircraft flight activities within its area of responsibility;

b) Coordinate with local authorities and public security agencies to manage the activities of design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft within its jurisdiction and handle violations of defense, security laws; aviation safety or flight organization causing damage to people and property on the ground according to the law;

c) Coordinate with related agencies to strictly manage border gates to prevent the illegal import and export of UAVs, ultra-light aircraft, and their equipment and devices in violation of the law.

5. County Military Command:

a) Directly manage, coordinate, and supervise UAV and ultra-light aircraft flight activities within its area of responsibility;

b) Coordinate with local authorities and public security agencies to manage the activities of design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of UAVs, ultra-light aircraft within its jurisdiction and handle violations of defense, security laws; aviation safety or flight organization causing damage to people and property on the ground.

Article 17. Responsibilities of agencies, organizations, and individuals related to unmanned aircraft systems and ultralight aircraft

1. Perform procedures for requesting permits for design, production, repair, maintenance, testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of unmanned aircraft systems and ultralight aircraft; and procedures for granting permits for the operation of unmanned aircraft systems and ultralight aircraft; documents and materials as prescribed in Articles 8 and 11 of this Circular.

2. Strictly comply with prohibited acts and regulations stipulated in Article 14 of Decree No. 36/2008/NĐ-CP dated March 28, 2008 of the Government on Management of Unmanned Aircraft Systems and Ultralight Aircraft and the provisions of this Circular.

3. Be subject to management, inspection, and supervision by competent authorities regarding the operation of aircraft; activities of design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of unmanned aircraft systems and ultralight aircraft.

Strictly comply with decisions to revoke operating permits for design, production, repair, maintenance, and testing facilities for aircraft, aircraft engines, propellers, equipment, and devices of unmanned aircraft systems and ultralight aircraft issued by competent authorities as prescribed in Article 10 of this Circular.

Chapter 5

IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Circular takes effect from March 30, 2017.

Article 19. Responsibility for Implementation

1. The Chief of General Staff, Director of the Political General Department, Commanders of relevant agencies and units, and individuals concerned are responsible for implementing this Circular.

2. During implementation, if any difficulties arise, agencies and units shall promptly report them to the Ministry of National Defense (through the Operations Department) for consideration and resolution./.