Decree No. 36/2008/NĐ-CP on the management of unmanned aircraft and ultra-light flying vehicles

DECREE

On the management of unmanned aircraft and ultra-light flying devices

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Civil Aviation Law of Vietnam dated July 12, 2006;

Upon the proposal of the Minister of National Defense,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the management of unmanned aircraft and ultra-light flying devices; organization of flight activities; issuance of flight permits, and air traffic control for unmanned aircraft, uncrewed balloons, model aircraft, and crewed balloons that do not take off or land from civil airports.

Article 2. Applicability

1. Vietnamese organizations and individuals, and foreign organizations and individuals operating within Vietnam (hereinafter referred to as organizations and individuals) engaged in importing, exporting, producing, and trading unmanned aircraft and ultra-light flying devices.

2. Organizations and individuals using unmanned aircraft, uncrewed balloons, model aircraft, and crewed balloons to conduct flights in economic, social, cultural, sports, and scientific research fields.

3. State management agencies with authority issue permits to organizations and individuals for importing, exporting, temporary importation for re-exportation, designing, producing, testing, and trading unmanned aircraft and ultra-light flying devices.

4. For unmanned aircraft and ultra-light flying devices serving security and defense missions, regulations of the Ministry of National Defense shall apply.

Article 3. Explanation of Terms

1. An unmanned aircraft is a flying device whose operation and flight control do not require direct pilot or crew intervention onboard.

2. Ultra-light flying devices include various types of balloons and model aircraft.

a) Balloons are flying devices where lift is generated by gases contained within their envelope, which have a lower density than air. There are two types of balloons:

- Crewed balloons;

- Uncrewed balloons, including free-flying or automatically controlled balloons, or those tethered at fixed positions on the ground.

b) Model aircraft, including:

- Various types of gliders modeled after aircraft shapes and styles, equipped with engines powered by battery, liquid, solid fuel, or solar energy, controlled by radio or pre-programmed systems;

- Various types of parasails and kites, either crewed or uncrewed, excluding traditional kites.

A flight permit is a document or command issued by a state agency with authority, specifying the conditions and limitations for the operation of unmanned aircraft and ultra-light flying devices.

Article 4. Importing, Exporting, Producing, and Trading Unmanned Aircraft and Ultra-Light Flying Devices

1. State agencies with authority issue permits to organizations and individuals for importing, exporting, temporary importation for re-exportation, designing, producing, testing, and trading unmanned aircraft and ultra-light flying devices only after obtaining the consensus of the Ministry of National Defense and the Ministry of Public Security.

2. Organizations and individuals requiring permits for importing, exporting, temporary importation for re-exportation, designing, producing, testing, and trading unmanned aircraft and ultra-light flying devices must submit a request letter to the Ministry of National Defense and the Ministry of Public Security for approval before submitting to the competent authority for decision.

Chapter II

ORGANIZATION OF FLIGHT ACTIVITIES

Article 5. Management, Control, and Supervision of Flight Activities

The Ministry of National Defense shall uniformly manage, control, and supervise flights for unmanned aircraft, uncontrolled airships, flight models, and controlled airships that do not take off or land from airports designated for civilian operations. The contents of flight management include:

1. Establishing, issuing permits, responding to, and notifying areas organized for flight activities.

2. Designating agencies, organizations, and units to manage and supervise flight activities.

The provisions on the agency managing, controlling, and directly supervising each flight are determined for each flight permit.

Article 6. Establishment of Airports and Flight Activity Areas

The Ministry of National Defense shall establish airports, flight activity areas, and test flight zones for unmanned aircraft and ultra-light flying vehicles, ensuring sufficient conditions for flight without affecting national security, defense, and aviation safety.

Article 7. Organization of Aviation Clubs

1. The Ministry of National Defense shall direct the Air Defense - Air Force Command to coordinate with provincial People's Committees and centrally-administered city People's Committees to organize Aviation Clubs to attract organizations and individuals to participate in ultra-light flight activities serving economic, cultural, social, sports, and national defense education needs.

2. Regulations on the organization and management of flight activities of Aviation Clubs shall be stipulated by the Ministry of National Defense, in accordance with legal documents concerning national security, defense, and flight management within Vietnamese airspace.

Chapter III

PEOPLE'S COMMITTEE FLIGHT PERMITS AND FLIGHT CONTROL

Article 8. Authority to Issue Permits, Refuse, and Suspend Flight Activities

1. The Operations Directorate of the General Staff shall issue permits and refuse to issue permits for flights of unmanned aircraft, various types of uncontrolled airships, various types of flight models, and various types of controlled airships that do not take off or land from airports designated for civilian operations.

- Contact address: No. 1 Nguyen Tri Phuong Street, Ba Dinh District, Hanoi City;

- Contact phone number: 069 533200; 069 533105;

- Fax number: 04 7337994.

2. The National Air Traffic Control Center, regional air traffic control centers under the Air Defense - Air Force Command, and air defense agencies under military regions and provincial/municipal military command departments may request suspension of flight activities in cases specified in point b, Clause 3, Article 12 of this Decree.

Article 9. Documents and Procedures for Applying for Flight Permits

1. Organizations and individuals organizing flight activities must submit applications for flight permits. The application for a flight permit includes the following documents:

a) Application form for a flight permit (Form No. 1/ĐNCPB attached to this Decree);

b) Technical documentation about the aircraft, including photographs of the type of aircraft or flying vehicle and a technical description of the aircraft or flying vehicle's aviation features (Form No. 2/TLKTPTB);

c) Permit or lawful authorization for the aircraft or flying vehicle to take off and land at airports or ground/water areas;

d) Other relevant documents and materials related to the aircraft or flying vehicle.

2. At least 14 days before the planned date of organizing flight activities, organizations and individuals must submit their application for a flight permit to the Operations Directorate of the General Staff.

3. At least 10 days before the planned date of organizing flight activities, organizations and individuals must submit their application for modifying the flight permit to the Operations Directorate of the General Staff.

4. The Ministry of National Defense shall stipulate the procedures for receiving and processing applications for flight permits and modifications to flight permits submitted by organizations and individuals, ensuring convenience and promptness.

Article 10. Content of Flight Permit

The content of the flight permit includes:

1. Name, address, contact phone number of the organization or individual granted the flight permit.

2. Identification characteristics of aircraft types, flying equipment (including appendices with photographs and technical specifications of the aircraft or flying equipment).

3. Area for conducting flight activities, direction, route of flight.

4. Purpose, duration, time period for organizing flights.

5. Regulations on flight coordination notifications; designation of management, supervision, or flight control agencies.

6. Other security and defense limitations and regulations.

Article 11. Organization of Flight Coordination Notifications

1. The Air Defense - Air Force Corps issues contents to implement flight notification and forecast work and regulations requiring organizations and individuals to cease flights.

2. Organizations and individuals must carry out flight notification and forecast work when organizing flights for unmanned aircraft or ultra-light flying equipment.

Organizations and individuals must bear responsibility for the truthfulness and accuracy of information in flight notification and forecast work.

3. The National Air Traffic Management Center, regional air traffic management centers under the Air Defense - Air Force Corps are agencies receiving and managing flight permit information, forecasting, and coordinating flight notifications.

Article 12. Agencies Managing, Controlling, and Supervising Flight Activities

1. The National Air Traffic Management Center, regional air traffic management centers under the Air Defense - Air Force Corps are agencies managing and controlling all activities of unmanned aircraft and ultra-light flying equipment in Vietnam's airspace.

2. Air Defense agencies under military regions and provincial/municipal People's Military Command Boards are responsible for supervising and inspecting areas of operation, compliance with regulations on organizing flights for unmanned aircraft and ultra-light flying equipment in Vietnam's airspace.

3. Responsibilities and authorities of agencies managing, controlling, and supervising flight activities:

a) Organizing flight coordination notifications;

b) Issuing orders to stop flights if discovering organizations or individuals operating unmanned aircraft and ultra-light flying equipment violating limits and regulations in the flight permit or organizing flight activities without a permit;

c) Reporting to superiors measures to handle and rectify violations in airspace management and flight activities;

d) Cooperating with public security agencies and local authorities to handle violations of laws on aviation security and safety.

Article 13. Responsibilities of Organizations and Individuals When Organizing Flight Activities

1. Processing application procedures for flight permits before organizing flight activities.

2. Carrying out flight forecast and notification work before the day of flight as prescribed.

3. Familiarizing themselves with regulations and contents of organizing and implementing flight activities in Vietnam's airspace.

4. Adhering to regulations, conditions, and limits specified in the flight permit.

5. Strictly complying with stop-flight commands and reporting results to the agency managing and supervising flight activities as stipulated in Clause 1 and Clause 2 of Article 12 of this Decree.

6. Bearing responsibility for compensation according to the law if causing aviation safety incidents resulting in damage to people or property on the ground.

Article 14. Prohibitions on certain acts

1. Organizing flights without a flight permit.

2. Conducting flights outside the designated area, conditions, and limits as prescribed. Violating regulations on territorial management and national borders.

3. Carrying radioactive materials, flammable substances, explosives on aircraft or flying vehicles.

4. Launching, shooting, dropping from the air objects or substances that cause harm or pose a risk of causing harm.

5. Installing equipment and conducting filming or photography from the air without permission.

6. Flying flags, banners, distributing leaflets, or broadcasting propaganda from the air outside the scope permitted by the flight permit.

7. Failing to comply with orders and signals from the flight management and supervision authorities.

Article 15. Time for Issuing Permits and Refusing Flights

1. Within ten days from the date of receipt of complete application files, the Combat Operations Department of the General Staff Headquarters shall issue permits for organizing flights.

2. Within seven days from the date of receipt of complete application files for amending previously issued flight permits, the Combat Operations Department of the General Staff Headquarters shall issue permits for adjusting flights.

3. The Combat Operations Department of the General Staff Headquarters shall refuse to issue flight permits in cases where security, defense, and aviation safety require it, or when sufficient information required in the flight permit application has not been provided. Refusal to issue flight permits must be communicated in writing.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Handling Violations

Organizations and individuals violating the provisions of this Decree shall be subject to administrative penalties, revocation of permits, or criminal liability as stipulated by law, depending on the severity of the violation.

Article 17. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette. All previous regulations inconsistent with this Decree are repealed.

Article 18. Implementation Organization

1. The Ministry of National Defense is responsible for implementing this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, organizations, and individuals are responsible for implementing this Decree./.