Law on People's Air Defense No. 49/2024/QH15

LAW

CIVIL AIR DEFENSE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Civil Air Defense Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates principles, tasks, forces, civil air defense activities; management of unmanned aerial vehicles and other aircraft, and ensuring air defense safety; resources, systems, policies, rights, obligations, responsibilities of agencies, organizations, enterprises, and individuals towards civil air defense.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Civil air defense is the activity of the entire population, with local troops, Self-Defense Militia, and reserve military personnel as the core, together with national air defense, army air defense, and other forces preparing, preventing, avoiding, fighting enemies, mitigating consequences of enemy air raids, and managing and firmly protecting the country's airspace within the defensive area.

2. Civil air defense posture is the form of organization, deployment, and arrangement of civil air defense forces, equipment, facilities, and necessary resources for each locality within the defensive area and throughout the country to fulfill civil air defense tasks.

3. Air defense obstacles are natural barriers or man-made structures that can affect the operation of air defense management and protection of airspace.

4. Air defense site is the area where air defense weapons and technical equipment are deployed to carry out training, readiness, combat, management, and protection of airspace.

5. Civil air defense facility is construction works, terrain, and natural features identified and modified to serve the purpose of preparation, prevention, avoidance, fighting enemies, and mitigating consequences of enemy air raids within the defensive area.

6. Unmanned aerial vehicle is an aircraft whose flight control and operation do not require direct pilot control on board.

7. Other aircraft includes types of balloons, flying models, parachutes, kites (excluding traditional kites), and other flying devices with or without onboard pilots but not classified as aircraft or unmanned aerial vehicles.

8. Suppression is the use of electromagnetic force, firepower, or other measures to interrupt the operation of unmanned aerial vehicles and other aircraft, rendering their functions ineffective or completely disabling their operational capability.

Article 3. Principles of organizing and conducting civil air defense activities

1. Under the leadership of the Communist Party of Vietnam, unified state administration by the Government, direction and command by the Minister of National Defense, and guidance and management by local authorities.

2. Compliance with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

3. Organized uniformly from central to local levels; ensuring proactivity, timeliness, effectiveness, and safety, with clear division of labor, hierarchical management, and close coordination among air defense forces and agencies, organizations, enterprises, and individuals in civil air defense activities.

4. Prepared continuously and regularly during peacetime and promptly implemented necessary measures according to decisions of competent authorities to manage and firmly protect the country's airspace.

5. Building a continuous, extensive, and solid civil air defense force and posture; leveraging the combined strength of the entire political system and the whole people; closely integrating economic and social development with consolidation and enhancement of national defense and security and construction of defensive areas.

Article 4. State policy on civil air defense

1. Ensuring state resources and mobilizing resources from agencies, organizations, enterprises, and individuals to fulfill civil air defense tasks; prioritizing budget supplements for key civil air defense areas, particularly difficult localities with strategic importance for national defense and security to meet management and airspace protection requirements.

2. Implementing systems and policies to enhance the capacity of civil air defense forces; nurturing human resources and prioritizing the attraction of high-quality human resources for civil air defense activities; investing in material infrastructure and equipment for civil air defense forces.

3. Prioritizing investment in science and technology in civil air defense activities and unmanned aircraft management.

4. Encouraging and creating conditions for agencies, organizations, enterprises, and individuals to support material, financial, and moral aspects of civil air defense activities on a voluntary basis, not contrary to Vietnamese law and consistent with international law.

Article 5. Civil air defense tasks

1. Training, readiness, combat, and prevention of enemy infiltration and air attacks, and participation in airspace management and protection up to 5,000 meters altitude.

2. Implementing measures to ensure the safety of lives and property of agencies, organizations, enterprises, and individuals.

3. Serving combat operations and mitigating consequences of enemy infiltration and air attacks.

4. Fulfilling other tasks as prescribed by law.

Article 6. Key civil air defense areas

2. Key civil air defense areas include:

a) National key civil air defense areas;

b) Provincial key civil air defense areas;

3. The authority to decide on key civil air defense areas is as follows:

a) The Minister of National Defense decides on national and provincial key civil air defense areas;

4. The Minister of National Defense shall provide detailed regulations for Clause 1 of this Article.

Article 7. Prohibited Acts

1. Evading, opposing, obstructing the construction, mobilization, operation, and participation in civil air defense forces as stipulated in this Law.

2. Mobilizing and using civil air defense forces, weapons, means, and facilities in violation of the law.

3. Exploiting or misusing the implementation of civil air defense tasks to violate the law, infringing upon the interests of the State, the legitimate rights and interests of agencies, organizations, enterprises, and individuals.

4. Providing information, pointing out, filming, photographing, measuring, drawing revealing objectives, plans, technical equipment, combat works.

5. Discriminating against gender in implementing civil air defense work.

6. Manufacturing, testing, producing, repairing, maintaining, trading, importing, exporting, temporarily importing for re-export, temporarily exporting for re-import, owning, operating, and using unmanned aircraft, other flying means, aircraft engines, propellers, and equipment of unmanned aircraft, other flying means in violation of the law.

7. Violating, damaging, destroying, appropriating equipment, means, facilities of civil air defense.

8. Creating obstacles hindering airspace management and protection activities; falsely reporting or suppressing civil air defense equipment in violation of the law.

9. Using unmanned aircraft, other flying means to carry devices, weapons, explosive materials, prohibited substances, illegal goods, or propaganda, incitement, recruitment, distortion against the Party and State.

10. Other acts affecting civil air defense activities, flight safety, and air defense safety.

Article 8. Responsibilities for State Management of Civil Air Defense and Unmanned Aircraft, Other Flying Objects

1. The Government shall uniformly manage the State's civil air defense and unmanned aircraft, other flying objects.

2. The Ministry of National Defense shall be responsible before the Government for managing the State's civil air defense, unmanned aircraft, other flying objects, and performing other responsibilities as prescribed by this Law.

3. The Ministry of Public Security, within its assigned tasks and powers, shall coordinate with the Ministry of National Defense to manage the State's civil air defense, manage related flight activities involving unmanned aircraft, other flying objects, and perform other responsibilities as prescribed by this Law.

4. Ministries, ministerial-level agencies, within their assigned tasks and powers, shall coordinate with the Ministry of National Defense and the Ministry of Public Security to perform the State's management tasks regarding civil air defense and unmanned aircraft, other flying objects according to this Law and relevant laws.

5. People's Committees at all levels, within their assigned tasks and powers, shall manage the State's civil air defense and unmanned aircraft, other flying objects in their localities.

Chapter II

CIVIL AIR DEFENSE FORCES

Section 1. COMMAND AND CONTROL OF CIVIL AIR DEFENSE

Article 9. Civil Air Defense Commanding Agencies

1. Civil Air Defense Commanding Agencies include:

a) The Government commands civil air defense throughout the country;

b) The Ministry of National Defense assists the Government in commanding civil air defense;

c) Military Region Commanders command civil air defense within their respective military regions;

d) People's Committees at all levels command and organize the implementation of civil air defense in their localities.

2. Civil Air Defense Command Boards are established at the central level, military regions, and localities. Civil Air Defense Command Boards at various levels have the task of advising and assisting corresponding Civil Air Defense Commanding Agencies.

3. The Ministry of National Defense is the standing body of the Central Civil Air Defense Command Board; the Military Region Staff is the standing body of the Military Region Civil Air Defense Command Board; local military agencies at various levels are the standing bodies of corresponding Civil Air Defense Command Boards.

4. The Government shall provide detailed regulations on the positions, functions, tasks, organizational structure, and operations of Civil Air Defense Command Boards at various levels.

Article 10. Civil Air Defense Command Activities

1. Establishing and perfecting mechanisms and policies for civil air defense.

2. Implementing civil air defense tasks and civil air defense activities.

3. Mobilizing forces and resources to ensure civil air defense tasks.

4. Summarizing, concluding, promoting competition, rewarding, inspecting, and auditing the implementation of civil air defense tasks.

Article 11. Civil Air Defense Command System

1. The Civil Air Defense Command System includes:

a) The Minister of National Defense;

b) The Chief of General Staff of the Vietnam People's Army;

c) Military Region Commanders, Commander of the Capital Military Command of Hanoi;

d) Commander of the Military Command of Ho Chi Minh City, Chief of Provincial Military Command;

e) Chief of Military Command of agencies and organizations;

g) Chief of Village Military Command.

2. The Minister of National Defense shall specify the components, tasks of advisory bodies assisting civil air defense commanders at various levels.

Section 2. CIVIL AIR DEFENSE FORCES

Article 12. Forces Implementing Civil Air Defense Tasks

1. The forces implementing civil air defense tasks include:

a) Core forces;

b) Broad forces.

2. Core forces are organized within local military units, Self-Defense Militia, and reserve mobilization forces.

3. Broad forces include:

a) Mobilized forces comprising the Self-Defense Militia, reserve military personnel not yet assigned to units, and forces from agencies, organizations, enterprises, and the general public to participate in training, exercises, simulations, combat support, combat operations, and post-attack recovery, as well as ensuring air defense safety;

b) Voluntary forces from the general public participating in combat support, combat operations, post-attack recovery, and ensuring air defense safety.

Article 13. Organization of Civil Air Defense Forces

1. Civil air defense forces are organized in accordance with the defensive combat plans at various levels and key points of civil air defense.

2. In peacetime, core forces are organized as follows:

c) Air defense forces in agencies, organizations, and enterprises with self-defense forces are organized according to the scale, structure, and characteristics of the agency, organization, or enterprise.

3. In a state of national emergency or war, civil air defense forces are organized as follows:

a) Core forces are organized according to regulations on the organization and staffing of local military forces and Self-Defense Militia during a national emergency or war;

b) Broad forces are mobilized in accordance with the air defense tasks of each locality.

4. The Minister of National Defense shall provide detailed regulations for this Article.

Section 3. MOBILIZATION OF BROAD CIVIL AIR DEFENSE FORCES

Article 14. Duration of Mobilizing Broad Forces

1. In peacetime, the duration for mobilization to participate in civil air defense training, exercises, or local defense area simulations shall not exceed seven days in one year.

2. In a state of national emergency or war, the duration of mobilization shall be implemented according to the regulations of the Minister of National Defense.

Article 15. Age Limit for Mobilizing Broad Forces

1. The age limit for participation in broad forces when mobilized shall comply with the age regulations stipulated in the Law on Self-Defense Militia. In cases of voluntary participation that meet the requirements of the task, there is no age limit.

Article 16. Management of the broad force

1. Based on the results of citizens' registration for performing their duty to participate in the People's Militia and Self-Defense Forces, and reserve forces annually, the competent authority organizes the registration and arrangement of the broad force in accordance with the requirements and tasks of each locality.

2. The management authority of the broad force is stipulated as follows:

b) The Military Command or the Self-Defense Commander for agencies, organizations, enterprises without a Military Command managing the broad force within the agency, organization, enterprise.

3. For voluntary forces, if they meet the requirements, the local military authorities at all levels shall consider and utilize them appropriately according to their capabilities, needs, and civil air defense tasks in the locality.

Article 17. Authority and Procedure for Mobilizing the Broad Force

1. Mobilization of the broad force is carried out according to the civil air defense plan of the locality, agency, organization, or enterprise.

2. The authority and procedure for mobilizing the broad force are stipulated as follows:

a) The local military authority, the Military Command of the agency, organization, or enterprise, or the Self-Defense Commander for the agency, organization, or enterprise without a Military Command builds the mobilization plan, submits it to the Chairman of the same-level People's Committee or the head of the agency, organization, or enterprise for approval;

b) The Chairmen of the People's Committees at all levels issue decisions to mobilize the civil air defense force based on the proposal of the same-level local military authority. The heads of enterprises issue decisions to mobilize the civil air defense force based on the proposal of the Military Command or the Self-Defense Commander for enterprises without a Military Command;

c) The local military authorities at all levels, the Military Command, or the Self-Defense Commander for enterprises without a Military Command notify the decision to mobilize the civil air defense force to each individual related to the locality, agency, organization, or enterprise;

d) The local military authorities at all levels receive, organize, and utilize the mobilized civil air defense force according to the plan.

Chapter III

CIVIL AIR DEFENSE ACTIVITY

Article 18. Content of Civil Air Defense Activity

1. The content of civil air defense activity during peacetime includes:

a) Directing and commanding civil air defense;

b) Building civil air defense plans;

c) Building civil air defense forces and civil air defense positions;

d) Propaganda, education, and building exemplary models of civil air defense;

đ) Training and instructing on civil air defense;

e) Training, competition, and sports in civil air defense;

g) Civil air defense exercises;

h) Building civil air defense works;

i) Organizing observation posts, reporting, and sounding air raid alarms, ready to fight against enemy infiltration and air attacks;

k) Managing the activities of unmanned aerial vehicles and other aircraft;

l) Ensuring air defense safety; mitigating consequences of accidents in civil air defense;

m) International cooperation in civil air defense.

2. Civil air defense activities in a state of emergency or war are implemented according to the provisions of Clause 1 of this Article and the following contents:

a) Reconnaissance, observation, detection, reporting, and sounding air raid alarms in civil air defense;

b) Observation of the development of enemy air attacks;

c) Camouflage, feint, evacuation, dispersion, defense, avoidance, fighting against enemy infiltration and air attacks, surrounding and capturing enemy pilots, seizing unmanned aerial vehicles and other aircraft of the enemy;

d) Serving combat operations, mitigating consequences caused by enemy infiltration and air attacks.

Article 19. Building Civil Air Defense Plan

1. The Civil Air Defense Plan is built every five years and is adjusted or supplemented when there is a change in the combat determination for defense operations or a change in the commander of the civil air defense forces. The levels of the Civil Air Defense Plan are defined as follows:

a) The Civil Air Defense Plan of the Military Region is constructed by the General Staff and submitted to the Commander of the Military Region for approval;

b) The Civil Air Defense Plan of the locality is constructed under the main coordination of the local military authority in collaboration with relevant agencies and units, and submitted to the Chairman of the People's Committee at the same level for approval;

c) The Civil Air Defense Plan of organizations and enterprises with self-defense organizations is constructed by the Military Command or the self-defense commander in places without a Military Command, following the guidance of the local military authority, and submitted to the head of the organization or enterprise for approval.

2. The basis for building the Civil Air Defense Plan includes:

a) The policy and strategy for building the all-people national defense, people's war battlefield, and regional defense battlefield;

b) The planning and development plan for the locality's socio-economic development;

c) The combat determination for defense operations of the locality, orders, and directives from superiors;

d) Topography, climate, air defense weapons, equipment, technical installations, air defense works, and civil air defense forces of the locality, agency, organization, or enterprise;

đ) Forecasting and evaluating the enemy's air combat capabilities.

3. The contents of the Civil Air Defense Plan include:

a) Situation assessment;

b) Civil Air Defense tasks;

c) Intention to implement Civil Air Defense tasks;

d) Tasks of related components;

đ) Organization for command and control; coordination for support; key timeframes.

4. The Minister of National Defense shall provide detailed regulations for this Article.

Article 20. Building the Civil Air Defense Battlefield

1. The local military authority leads and coordinates with relevant agencies to determine and propose to the Chairman of the People's Committee at the same level to decide on building the Civil Air Defense Battlefield of the locality.

2. Requirements for building the Civil Air Defense Battlefield include:

a) The Civil Air Defense Battlefield must be built during peacetime;

b) Ensuring continuity, widespread coverage, solidity, and depth to fight the enemy in all directions and layers, from far to near;

c) Being consistent with the defensive battlefield of the locality.

3. The contents of building the Civil Air Defense Battlefield include:

a) Constructing civil air defense works;

b) Implementing projects and programs on civil air defense;

c) Determining and constructing evacuation and dispersion areas for forces and means at each level within the key civil air defense area;

d) Constructing air defense combat plans, plans for supporting civil air defense within the defensive areas at various levels;

đ) Identifying dual-use facilities to serve civil air defense tasks when necessary.

Article 21. Propaganda and Education on Civil Air Defense

1. Citizens are informed and made aware of the Party's policies and the State's laws on civil air defense; they are equipped with knowledge about civil air defense according to the provisions of the law.

2. The content of education and training on civil air defense is included in the national defense and security education course in schools and the program for training national defense and security knowledge as stipulated by the Law on National Defense and Security Education.

3. Agencies and organizations, based on their assigned functions and tasks, enhance the application of information technology and diversify propaganda methods to facilitate public access to information aimed at educating basic knowledge and raising awareness about civil air defense.

Article 22. Training and instruction on civil air defense

1. Core forces shall be trained and instructed according to programs suitable for each category in accordance with national defense and security requirements and local conditions, agencies, organizations, and enterprises.

2. Wider forces shall be trained and instructed in specialized civil air defense knowledge and skills according to the civil air defense activity plan of the locality.

3. Agencies, organizations, and enterprises shall coordinate and cooperate with local military authorities in accordance with their functions and tasks to train and instruct specialized knowledge and skills to ensure civil air defense missions.

4. The content of specialized training and instruction in civil air defense shall be decided by the head of the civil air defense command agency or unit.

Article 23. Civil Air Defense Training

1. The training, participation in competitions, and exercises of core civil air defense forces shall be carried out according to the annual orders and directives of the Ministry of National Defense, Military Region Command, and Hanoi Military Command for local troops and Self-Defense Militia.

2. The Minister of National Defense shall stipulate the content and program of civil air defense training.

Article 24. Civil Air Defense Drills

1. Civil air defense drills shall be regulated as follows:

a) Local military agencies at all levels shall advise the People's Committee at the same level to organize civil air defense drills or defensive area drills including civil air defense content.

b) Central Ministries and sectors shall direct subordinate agencies and units to cooperate with local military agencies to implement civil air defense drill content according to the local plan.

2. The content of civil air defense drills includes:

a) Civil air defense command and staff operations;

b) Reconnaissance, notification, and alarm organization;

c) Camouflage, feinting, evacuation, dispersion, and protection organization;

d) Enemy infiltration and air attack combat organization;

đ) Handling and suppressing unmanned aerial vehicles and other aircraft violating this Law’s provisions;

e) Combat service support and aftermath remediation from enemy infiltration and air attacks and capturing pilots.

3. The Minister of National Defense shall issue the procedures and content of civil air defense drills.

Article 25. Civil Air Defense Works

1. Civil air defense works include:

a) Specialized civil air defense works and dual-use civil air defense works as prescribed by the Law on Management and Protection of National Defense Works and Military Areas;

b) Other works capable of being used for civil air defense purposes.

2. Specialized civil air defense works include:

a) Anti-aircraft fortifications, anti-aircraft positions, suppression positions for unmanned aerial vehicles and other aircraft;

b) Observation, reconnaissance, notification, and alarm towers;

c) Shelter works ensuring evacuation and protection tasks when the enemy infiltrates or conducts air attacks.

4. Civil air defense works must ensure air defense safety as prescribed by the Minister of National Defense and construction laws for national defense works; civil air defense works constructed in border areas must comply with international treaties to which the Socialist Republic of Vietnam is a party.

The Chairman of the Provincial People's Committee and the Chairman of the District People's Committee shall determine evacuation locations for enterprises under their management. The heads of agencies, organizations, and enterprises shall identify evacuation zones and plans for workers and storage locations for assets according to the local civil air defense plan.

6. In cases of necessity or emergency situations regarding national defense, war, other works capable of being used for civil air defense purposes may be requisitioned according to the law to fulfill civil air defense missions.

7. The Ministry of National Defense shall lead and coordinate with the Ministry of Construction and relevant ministries and sectors to review the construction of civil air defense works; dual-use works ready for requisition for civil air defense missions.

Article 26. International Cooperation on Civil Air Defense

1. International cooperation on civil air defense shall be carried out in accordance with the principle of complying with Vietnamese law, international treaties to which the Socialist Republic of Vietnam is a member; respecting independence, sovereignty, and territorial integrity, not interfering in each other's internal affairs, equality, and mutual benefit.

2. The contents of international cooperation on civil air defense include:

a) Signing and implementing international treaties and agreements related to civil air defense;

b) Implementing international cooperation programs and projects on civil air defense;

c) Training, researching, managing, and applying science and technology related to civil air defense, unmanned aircraft, and other flying vehicles;

d) Other activities of international cooperation on civil air defense.

Chapter IV

MANAGEMENT OF UNMANNED AIRCRAFT AND OTHER FLYING VEHICLES AND ENSURING CIVIL AIR DEFENSE SAFETY

Section 1. MANAGEMENT OF UNMANNED AIRCRAFT AND OTHER FLYING VEHICLES

Article 27. Import, Export, Temporary Import for Re-export, Temporary Export for Re-import of Unmanned Aircraft and Other Flying Vehicles

1. Organizations and individuals permitted to engage in business activities involving unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles may import, export, temporarily import for re-export, and temporarily export for re-import unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles.

2. The Ministry of National Defense and the Ministry of Public Security issue permits for the import and export of unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles for national defense and security tasks of the Ministry of National Defense and the Ministry of Public Security. The Minister of National Defense and the Minister of Public Security, within their respective duties and authorities, shall provide detailed regulations on this matter.

3. The Ministry of Industry and Trade issues permits for the import, temporary import for re-export, and temporary export for re-import of unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles that do not fall under the provisions of Clause 2 of this Article after obtaining written agreement from the Ministry of National Defense and the Ministry of Public Security.

4. Entrusted importation of unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles can only be carried out when the entrusted party has a permit and meets the conditions for importation before signing the entrustment contract.

5. The Government shall provide detailed regulations on Clauses 1, 3, and 4 of this Article.

Article 28. Research and Development, Testing, Production, Repair, Maintenance, and Business Activities of Unmanned Aircraft, Other Flying Vehicles, Aircraft Engines, Propellers, and Equipment and Devices of Unmanned Aircraft and Other Flying Vehicles

1. Organizations and individuals conducting research and development, testing, production, repair, maintenance, and business activities of unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles in Vietnam must comply with technical standards and specifications issued or recognized by the Minister of National Defense. For unmanned aircraft and other flying vehicles managed by the Ministry of Public Security, they must comply with technical standards and specifications issued by the Minister of Public Security.

2. Organizations and individuals conducting research and development, testing, production, repair, and maintenance of unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles must have a Certificate of Eligibility for Research and Development Facilities issued by the Ministry of National Defense, except for facilities managed by the Ministry of Public Security.

3. The authority issuing the Certificate of Eligibility for Research and Development Facilities shall revoke such certificate when the facility no longer meets the conditions stipulated by this Law.

4. Organizations and individuals engaged in business activities involving unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles must meet the following conditions:

a) Having a Certificate of Eligibility for Business Facilities issued by the Ministry of National Defense, except for facilities managed by the Ministry of Public Security;

b) Complying with the regulations of conditional investment and business sectors and foreign investor market access sectors and ensuring continuous compliance with these conditions throughout the business operation period according to the law.

5. Orders and assignments for research and development, testing, production, repair, and maintenance of unmanned aircraft, other flying vehicles, aircraft engines, propellers, and equipment and devices of unmanned aircraft and other flying vehicles for national defense and security tasks shall be implemented in accordance with the provisions of the National Defense and Security Industry Law and Industrial Mobilization Law.

6. The Government shall provide detailed regulations on the procedures and formalities for promulgating technical standards and specifications stipulated in Clause 1 and provide detailed regulations on Clauses 2, 3, and 4 of this Article.

Article 29. Registration of Unmanned Aircraft and Other Flying Vehicles

1. Unmanned aircraft and other flying vehicles must be registered before being put into operation and use.

2. The conditions for registration are prescribed as follows:

a) Meeting technical standards and norms issued or recognized by the Ministry of National Defense; having a Technical Standard Certificate issued by the manufacturer for products manufactured in Vietnam;

b) For unmanned aircraft and other flying vehicles imported, in addition to the conditions stipulated in point a of this clause, they must have complete valid documents in accordance with the laws when importing into Vietnam.

3. The contents of registration include:

a) Issuing, reissuing, and issuing again the Registration Certificate;

b) Temporary registration;

c) Revoking the Registration Certificate.

4. The authority for registration is prescribed as follows:

a) The Public Security Organs shall register unmanned aircraft and other flying vehicles of organizations, entities, and individuals in accordance with the regulations of the Minister of Public Security, except for cases stipulated in point b of this clause;

b) The authority for registering unmanned aircraft and other flying vehicles managed by the Ministry of National Defense shall implement according to the regulations of the Minister of National Defense;

c) The Ministry of Public Security shall provide information on the registration of unmanned aircraft and other flying vehicles to the Ministry of National Defense for coordinated management.

5. The Government shall specify detailed provisions for Clause 1, Clause 2, and point c of Clause 4 of this Article.

Article 30. Permit for Flight of Unmanned Aircraft and Other Flying Vehicles

1. The issuance of flight permits must be consistent with the technical specifications and purposes of use of unmanned aircraft and other flying vehicles, their management, operational, and monitoring capabilities, ensuring national defense, security, public order, social safety, aviation safety, and public interest.

2. The authority for issuing flight permits is prescribed as follows:

a) The Ministry of National Defense shall issue flight permits or delegate units under its jurisdiction to issue flight permits, except for cases stipulated in point b of this clause;

b) The Ministry of Public Security shall issue flight permits or delegate units under its jurisdiction to issue flight permits for unmanned aircraft and other flying vehicles of the Ministry of Public Security and notify the Ministry of National Defense for coordinated management. In cases where flight permits are issued in restricted airspace, prohibited airspace, and other areas affecting military aircraft operations, the consent of the Ministry of National Defense is required;

3. Unmanned aircraft and other flying vehicles falling into any of the following categories are exempt from obtaining flight permits:

a) Operating outside restricted airspace, prohibited airspace, within visual range without the aid of instruments, with a maximum take-off weight less than 0.25 kg for recreational purposes;

b) Operating in emergency situations to protect the lives and property of organizations and individuals as decided by competent authorities but must notify the relevant air traffic management agency before flying.

4. The Government shall provide detailed regulations on this matter.

Article 31. Classification, Conditions for Operation and Use of Unmanned Aircraft and Other Flying Vehicles

1. Unmanned aircraft and other flying vehicles are classified based on technical specifications and purposes of use.

2. The conditions for operation and use are prescribed as follows:

a) Organizations and individuals operating and using unmanned aircraft and other flying vehicles must obtain flight permits, except in cases exempted from obtaining flight permits;

b) Forecasting, notifying, coordinating flights, and obtaining approval from state agencies responsible for the operation and use of unmanned aircraft and other flying vehicles are required;

c) The person directly controlling unmanned aircraft and other flying vehicles must be at least 18 years old, have full capacity for civil conduct, and hold a valid flight control permit issued by the competent authority or a foreign permit recognized by the competent authority issuing flight control permits in Vietnam, except in cases exempted from obtaining flight permits as stipulated in point a of Clause 3 of Article 30 of this Law;

d) For foreigners directly controlling unmanned aircraft and other flying vehicles in Vietnam, in addition to the provisions in points a, b, and c of this clause, they must have a Vietnamese organization or individual representative providing guarantee in accordance with the law;

đ) The Minister of National Defense and the Minister of Public Security shall prescribe conditions for persons controlling specialized unmanned aircraft and other flying vehicles serving defense and security missions.

3. The Government shall specify detailed provisions for Clause 1, points a, b, c, and d of Clause 2 of this Article.

Article 32. Flight Permit for Unmanned Aircraft and Other Flying Objects

1. The flight permit includes the following types:

a) Flight permit for observation using equipment;

b) Flight permit for visual observation.

2. In cases where the flight permit is exempted as provided for in point a, Clause 3, Article 30 of this Law, there is no need to have a flight permit.

3. Individuals granted a flight permit must be trained in aviation knowledge and practical skills for controlling unmanned aircraft and other flying objects.

4. The Government shall provide detailed regulations on this matter.

Article 33. Suspension of Flight for Unmanned Aircraft and Other Flying Objects

1. Suspension of flight shall be carried out in the following cases:

a) Flying not in accordance with the content of the granted flight permission;

b) For reasons of national defense, security, and flight safety;

c) The controller does not meet the conditions to operate the flight;

d) Unmanned aircraft or other aircraft not registered or not in accordance with the registration;

e) Violation of international treaties to which the Socialist Republic of Vietnam is a member.

2. The authority to suspend flight is defined as follows:

a) The Minister of National Defense, the Chief of General Staff of the Vietnam People's Army suspends flight for unmanned aircraft and other flying objects within airspace and control areas managed by Vietnam, except for unmanned aircraft and other flying objects of the Ministry of Public Security that have been notified to the Ministry of National Defense in accordance with regulations;

b) The Minister of Public Security suspends flight for unmanned aircraft and other flying objects authorized by the Ministry of Public Security or those violating targets protected by the Ministry of Public Security;

c) The Commander of the Air Defense-Air Force Military Region, the Commander of the Military Region suspends flight for unmanned aircraft and other flying objects within their jurisdiction, except for unmanned aircraft and other flying objects of the Ministry of Public Security operating outside areas and targets managed by the military;

d) The Commander of the Capital Command, the Commander of the Ho Chi Minh City Command, the Head of the Provincial Military Command suspends flight for unmanned aircraft and other flying objects within their jurisdiction, except for unmanned aircraft and other flying objects of the Ministry of Public Security operating outside areas and targets managed by the military;

e) The Unit Commander of the Public Security suspends flight for unmanned aircraft and other flying objects authorized by public security agencies or those violating targets protected by public security units according to regulations of the Minister of Public Security.

3. On the same jurisdictional area, management zone, or protected target, the force that detects the act stipulated in Clause 1 of this Article first shall have the right to suspend flight in accordance with the law.

4. The Government shall provide detailed regulations on this matter.

Article 34. Control and Temporary Detention of Unmanned Aircraft and Other Flying Objects

1. The cases of control and temporary detention of unmanned aircraft and other flying objects are defined as follows:

a) Flying without a flight permit; entering restricted or prohibited airspace without permission; failing to comply with the suspension of flight requirements as stipulated in Article 33 of this Law;

b) Violating airport or airfield areas or adjacent areas with civilian or military aircraft operations;

c) Using unmanned aircraft and other flying objects for propaganda, incitement, recruitment, distortion against the Party and State or committing other illegal acts;

d) Using unmanned aircraft and other flying objects carrying prohibited devices, weapons, explosives, contraband, or illegally transporting goods;

đ) Special cases when ordered by the competent authority as stipulated in Clause 2 of this Article.

2. The authority to issue orders for control and temporary detention of unmanned aircraft and other flying objects is defined as follows:

a) The Minister of National Defense, the Minister of Public Security, the Chief of General Staff of the Vietnam People's Army has the authority to issue orders for control and temporary detention of unmanned aircraft and other flying objects as stipulated in Clause 1 of this Article;

c) The Head of the Air Security Force, the Unit Commander of the Border Guard, the Coast Guard have the authority to issue orders for control and temporary detention of unmanned aircraft and other flying objects as stipulated in Clause 1 of this Article within their jurisdiction or areas under management;

d) The Unit Commander of the Military and Public Security Forces have the authority to issue orders for control and temporary detention of unmanned aircraft and other flying objects that violate areas under management or protected targets;

đ) The Team Leader of the Unmanned Aircraft and Other Flying Objects Control Team has the authority to issue orders for control and temporary detention upon discovering other flying objects as stipulated in Clause 1 of this Article.

3. On the same jurisdictional area, management zone, or protected target, the force that detects the act stipulated in Clause 1 of this Article first shall have the right to control and temporarily detain before transferring to the competent authority for handling in accordance with the law.

4. The Government shall prescribe the procedures and formalities for control and temporary detention of unmanned aircraft and other flying objects.

Article 35. Forecasting, Notification, Coordination, Management, and Supervision of Flight Activities

1. Forecasting, notification, and coordination of flights shall be regulated as follows:

a) Organizations and individuals conducting flights for unmanned aircraft systems or other flying vehicles must comply with regulations on forecasting, notification, and coordination of flights; they are responsible for information in forecasts, notifications, and flight coordinations.

b) The National Air Traffic Control Center, regional air traffic control centers under the Air Defense-Air Force Corps, and relevant agencies and units under the Ministry of National Defense shall have the responsibility to receive and manage information on flight permits, forecasts, notifications, and flight coordinations.

c) The Ministry of Public Security when conducting flights for unmanned aircraft systems or other flying vehicles permitted by the Ministry of Public Security must notify flight coordination to the Ministry of National Defense.

d) The Ministry of National Defense shall provide information on flight permits, forecasts, notifications, and flight coordinations in areas and targets managed by the Ministry of Public Security upon request from the Ministry of Public Security.

2. Management, operation, and supervision of flight activities shall be regulated as follows:

a) The Airspace Management Centers, air traffic control centers under the Air Defense-Air Force Corps shall perform the functions and tasks of airspace management agencies, managing, operating, and supervising flight activities of unmanned aircraft systems or other flying vehicles within Vietnamese airspace.

b) Military regions, military agencies at all levels, Border Guard Forces, Vietnam Coast Guard shall be responsible for airspace management, monitoring flight activities, and compliance with organizational flight regulations for unmanned aircraft systems or other flying vehicles within their jurisdiction.

c) Public security units when organizing flight activities for unmanned aircraft systems or other flying vehicles shall be responsible for managing and supervising their own flight activities according to regulations on airspace management and air traffic control operations.

3. The Government shall provide detailed regulations on this Article.

Section 2. AIR DEFENSE SAFETY GUARANTEE

Article 36. Air Defense Safety Assurance Work

1. Air defense safety assurance includes measures aimed at maintaining air defense combat operations while ensuring safety for public and civilian facilities outside the air defense positions.

2. Contents of air defense safety assurance include:

a) Management and protection of air defense positions;

b) Management of air defense obstacles;

c) Determination of criteria for air defense safety assurance.

Article 37. Management and Protection of Air Defense Positions

1. The scope of protection of air defense positions shall be implemented in accordance with the provisions of the Law on Management and Protection of National Defense Works and Military Areas.

2. Public and civilian works when being constructed or operated shall not limit or affect the effectiveness of weapons, equipment, and technical installations of air defense positions.

Article 38. Management of Air Defense Obstacles

1. Management of air defense obstacles involves statistics, marking, publication, management, utilization of airspace, and handling of obstacles that may affect the effectiveness of weapons, equipment, and technical installations of air defense positions.

2. Local construction permit issuing authorities must comply with regulations on the scope of protection and height of air defense obstacles of air defense positions.

3. Public and civilian works when being constructed must comply with legal regulations on the scope of protection and height of air defense obstacles of air defense positions.

4. Organizations and individuals who are investors of public and civilian works must comply with and be subject to inspection and supervision by competent authorities regarding implementation of regulations on the scope of protection, safety zones, and height of air defense obstacles.

5. The Minister of National Defense shall stipulate obstacle surface limits in the area of air defense positions; the area ensuring normal operation of air defense observation posts and obstacles that may affect the effectiveness of weapons, equipment, and technical installations of air defense positions.

6. The Government shall stipulate the scope and height of air defense obstacles of air defense positions.

Article 39. Criteria for Ensuring Air Defense Safety

1. The criteria for ensuring air defense safety include technical parameters to assess the safety and effectiveness when using weapons, equipment, and technical installations of the air defense system.

2. The Minister of National Defense shall stipulate the criteria for ensuring air defense safety for each type of weapon, equipment, and technical installation of the air defense system.

Chapter V

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS, ENTERPRISES, AND INDIVIDUALS

Article 40. Rights and Obligations of Organizations and Enterprises towards Civil Air Defense

1. Organizations and enterprises have the following rights:

a) Access to information on civil air defense issued by competent authorities;

b) Participate in building civil air defense plans at the local level upon request;

c) Participate in investing in constructing civil air defense works;

d) Be supported and compensated when suffering losses due to performing civil air defense tasks according to the provisions of the law.

2. Organizations and enterprises have the following obligations:

a) Propagate and mobilize the people and members of their organizations to comply with the provisions of the law on civil air defense;

b) Comply with decisions on mobilizing forces to perform civil air defense tasks; comply with guidance and requirements of competent authorities in implementing measures to prevent enemy infiltration and air attacks;

c) Implement civil air defense plans of the locality, plans to prevent and avoid enemy infiltration and air attacks; participate in protecting civil air defense works.

Article 41. Rights and Obligations of Individuals towards Civil Air Defense

1. Individuals have the following rights:

a) To be informed about contents related to the performance of civil air defense tasks according to regulations;

c) To receive labor remuneration when mobilized to participate in performing civil air defense tasks according to mobilization decisions by authorized persons;

d) During the period of being mobilized to perform civil air defense tasks, individuals enjoy full benefits and policies as stipulated in Article 44 of this Law; after completing the mobilization task, citizens will continue to be arranged suitable work positions that are not lower than their previous job positions before mobilization;

e) Voluntarily join the civil air defense force when permitted by authorized persons; enjoy benefits and policies similar to those of mobilized civil air defense forces.

2. Individuals have the following obligations:

a) Fully perform civil air defense tasks according to the plan of the locality, organization, enterprise;

b) Comply strictly with decisions on mobilizing human resources, materials, means, and equipment for civil air defense tasks;

c) Implement guidance and requirements of competent authorities in implementing measures to prevent enemy infiltration and air attacks;

d) Propagate and mobilize family members and the public to comply with the provisions of the law on civil air defense.

Article 42. Rights and Obligations of Agencies, Organizations, Enterprises, and Individuals in Managing Unmanned Aircraft and Other Flying Vehicles

1. Agencies, organizations, enterprises, and individuals have the following rights:

a) To request competent authorities to issue certificates or permits for research and development, testing, production, repair, maintenance, business operations, import, export, temporary import for re-export, temporary export for re-import, exploitation, and use of unmanned aircraft and other flying vehicles, aircraft engines, propellers, and equipment of unmanned aircraft and other flying vehicles in accordance with this Law;

b) To participate in training and capacity building on unmanned aircraft and other flying vehicles; to be issued permits for the conditions to exploit and use unmanned aircraft and other flying vehicles in accordance with the Government's regulations.

2. Agencies, organizations, enterprises, and individuals have the following obligations:

a) To promote and mobilize the people to comply with legal regulations on managing unmanned aircraft and other flying vehicles;

b) To register unmanned aircraft and other flying vehicles with competent authorities in accordance with the law;

c) To comply with legal regulations on researching and developing, testing, producing, repairing, maintaining, business operations, importing, exporting, temporarily importing for re-export, temporarily exporting for re-import, exploiting, and using unmanned aircraft and other flying vehicles, aircraft engines, propellers, and equipment of unmanned aircraft and other flying vehicles;

d) To abide by legal regulations on radio frequency and legal regulations on data collection and management; not to cause harmful interference to flight safety and the operation of legally operating radio equipment systems during the exploitation and use of unmanned aircraft and other flying vehicles;

đ) To ensure security and safety in organizing flights for unmanned aircraft and other flying vehicles.

Chapter VI

POPULAR AIR DEFENSE RESOURCES, REGIME, AND POLICIES

Article 43. Resources for Popular Air Defense Activities

1. Financial resources for popular air defense activities include:

a) State budget;

b) Voluntary contributions from agencies, organizations, enterprises, and individuals;

c) Other lawful financial resources.

2. The state budget ensures funding for popular air defense activities in accordance with the law on the state budget including:

a) The central budget ensures funding for central-level popular air defense activities, military regions, and the Command of the Capital City of Hanoi;

3. Organizations and enterprises ensure funding for forces performing popular air defense tasks according to their plans. Enterprises ensure funding for forces performing popular air defense tasks within the enterprise or support and sponsor popular air defense, which can be deducted from taxable income when determining corporate income tax for such expenses.

4. For localities facing difficulties with the budget, the central budget will provide financial support for popular air defense tasks based on the central budget's balancing capacity.

Article 44. Regulations and policies for persons mobilized to participate in civil air defense activities

1. Persons working on a salary from the state budget who are mobilized to perform civil air defense tasks at localities, agencies, organizations shall continue to receive their full salary, all current allowances, and be provided with meal subsidies and travel expenses according to the provisions of the law.

2. Persons not receiving a salary from the state budget who are mobilized for training, enhancement, instruction, exercises, and civil air defense tasks pursuant to a decision of the competent authority shall be paid labor compensation by the State at a rate not lower than their current income level, and if they have no stable income, it shall not be less than the average income level in the locality, and they shall also be provided with meal subsidies and travel expenses according to the provisions of the law.

3. During the period of being mobilized for training, enhancement, instruction, exercises, and performing civil air defense tasks, if injured, they will be considered for treatment policies for war invalids or persons entitled to such policies; if killed, they will be considered for recognition as martyrs according to the regulations of the law on preferential treatment for those contributing to the revolution. In cases of illness, pain, accidents, or death during the performance of duties without participating in social insurance or health insurance, they will enjoy benefits and policies as prescribed by the Government.

4. Agencies, organizations, enterprises, and individuals participating in civil air defense activities that achieve outstanding results will be rewarded; if they suffer property losses, they will be compensated; if their reputation or dignity is harmed, they will be restored; if they are injured, suffer health damage, or lose their lives, they or their families will enjoy benefits and policies as prescribed by the law.

5. The owner of assets used for civil air defense activities during peacetime will be compensated when the assets are damaged. Compensation for damages will be carried out according to the provisions of the law.

6. The Government shall provide detailed regulations for this Article.

Article 45. Ensuring equipment for the civil air defense force

1. The civil air defense force will be equipped with weapons, equipment, technical means for the implementation of training, combat readiness, airspace management, protection, observation, detection, warning, and anti-drone and other aircraft suppression operations.

2. The Minister of National Defense shall specify the list of equipment for the civil air defense force.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 46. Amending and supplementing some articles of the Civil Aviation Law of Vietnam No. 66/2006/QH11 which has been amended and supplemented by Laws No. 45/2013/QH13, No. 61/2014/QH13, No. 16/2023/QH15, and No. 18/2023/QH15 as follows:

1. Amending and supplementing Clause 1 of Article 13 as follows:

"1. An aircraft is a device held aloft in the atmosphere through aerodynamic forces, including airplanes and helicopters, except devices held aloft in the atmosphere through aerodynamic forces reflected from the earth's surface."

2. Amending and supplementing Article 21 as follows:

"Article 21. Detailed provisions on qualification standards for flight eligibility The Minister of Transport shall stipulate the qualification standards for flight eligibility; procedures for issuing and recognizing certificates of flight eligibility, type certificates; standards and procedures for issuing licenses to design, manufacture, repair, maintain, test aircraft, aircraft engines, propellers, and aircraft equipment, except in cases specified in Articles 28 and 32 of the Civil Air Defense Law."

2. FOR NEWLY STARTED PROJECTS, IN ADDITION TO THE REQUIREMENTS SET OUT IN SUB-CLAUSE 1 OF THIS ARTICLE, THE FOLLOWING REQUIREMENTS MUST ALSO BE MET:

"Article 27. Detailed provisions on aircraft operation The Minister of Transport shall stipulate the operation of aircraft, conditions, procedures, and sequence for issuing certificates of aircraft operators, permits for using radio equipment on aircraft; environmental protection requirements for aircraft and aircraft engines, except in cases specified in Article 31 of the Civil Air Defense Law."

4. Amending and supplementing Point b Clause 2 Article 81 as follows:

"b) The Ministry of National Defense issues permits for flights of Vietnamese and foreign military aircraft conducting civilian aviation activities in Vietnam; flights conducted outside airways;"

This Law shall take effect from July 1, 2025.

This Law was adopted at the [session number] session of the National Assembly of the Socialist Republic of Vietnam, the [number] term 8 session on the 27th day of 11 year 2024.