Chapter 3
OPERATION OF UNMANNED AERIAL VEHICLES AND ULTRALIGHT AIRCRAFT
Article 11. Papers carried during operation
1. The flight permit issued by the Department of Warfare - General Staff.
2. The following written evidences of the legitimacy of the agency, organization or individual that operates unmanned aerial vehicles or ultralight aircraft (hereinafter referred to as the operator):
a) The identification card, or personal identification number (if available) or passport;
b) The business license, the permit for journalism, video recording, photography or tour guidance; or the certificate of aircraft or aerial vehicle control (if available).
3. The following written evidences of the legitimacy of the unmanned aerial vehicles and ultralight aircraft: The written authorization for use, license of import, invoices on purchases of aircraft and aerial vehicles, aircraft insurance policies, registration paper (if available).
4. The operator has to submit the flight area layout and specify the flight tracks nearest to a borderline, flight control method, communications equipment, navigational equipment, locators and carried gears (if any) if operating unmanned aerial vehicles or ultralight aircraft in a space of ten (10) kilometers in width from a national borderline towards the inland areas of Vietnam.
5. If operating unmanned aerial vehicles and ultralight aircraft in the areas adjacent to or inside a national defense zone or a work zone of the bodies of Vietnam Communist Party, the government, the National Assembly, the Ministry of National Defense, Ministry of Public Security, the People’s Committee of a province or central-affiliated city, the operator has to be in possession of a written approval of a competent government authority (responsible for directly managing and protecting the said areas).
6. A foreign organization or individual who operates unmanned aerial vehicles or ultralight aircraft in Vietnam for advertising, tourism, film making, television reportage on Vietnam and its people, or science research shall be in possession the following valid papers: Passport, entry visa, papers on the ownership and registration of aerial vehicles, written guarantee(s) by an agency or organization in Vietnam and permits of competent government authorities.
Article 12. Responsibility for management and exploitation of operating airspace
1. The categories of airspace in which unmanned aerial vehicles and ultralight aircraft fly are defined by:
a) Flight altitude: Flight altitude less than 50 meters; flight altitude from 50 to less than 200 meters; flight altitude from 200 to less than 500 meters; flight altitude above 500 meters from the natural topography;
b) The airspace of the areas adjacent to an airport where military or civil aviation activities occur (within a radius of 08 km from the boundaries of the airport);
c) The airspace of a shooting gallery;
d) The airspace of a borderline area ten (10) kilometers in width from a national borderline of Vietnam inwards;
dd) The airspace of the areas defined in Section 5, Article 11 herein;
e) The airspace of the territorial waters, islands and archipelagos of Vietnam;
g) The airspace established and approved for testing of unmanned aerial vehicles and ultralight aircraft;
2. Managerial responsibility
a) District-level military command committees shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude below 50 meters;
b) Provincial military commands shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude from 50 to less than 200 meters;
c) The air defense unit of military zones shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude from 200 to less than 500 meters;
d) Local flight management centers of the air force divisions of the Air and Air Defense Force shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude above 500 meters;
dd) The air force unit governing the airport in whose nearby airspace military or civil flight activities occur shall directly manage, supervise and coordinate flight activities;
If the airport only hosts civil flight activities and is not guarded by a battalion or higher unit of the Air and Air Defense Force, the management, supervision, forecasting and notification of the flight activities of unmanned aerial vehicles and ultralight aircraft shall be assigned to the district-level military command committee or the provincial military command (depending on the flight altitude defined in Point a and b, Section 2 of this Article) in cooperation with the local civil air traffic management unit of the airport;
e) The entity managing the shooting gallery in whose airspace flight activities occur at an altitude below 500 meters shall directly manage, coordinate, supervise, forecast and notify flights in cooperation with local agencies related to airspace and flight management;
g) A provincial command of border guard shall directly manage, coordinate, supervise, forecast and notify flights at an altitude below 500 meters in the relevant borderline airspace in cooperation with the local agencies responsible for managing the airspace and flights;
h) A regiment or equivalent or higher military unit that directly defends airspace defined in Section 5, Article 11 herein shall manage, coordinate, supervise, forecast and notify flights at an altitude below 500 meters;
i) A unit that directly defends a territorial water, island or rig of Vietnam shall manage, coordinate, supervise, forecast and notify flights that occur at an altitude below 500 meters in the airspace of such territorial water, island or rig.
The chief commander responsible for an island on which several military units are stationed shall manage, coordinate, supervise, forecast and notify flights in cooperation with local agencies related to airspace and flight management.
3. The establishment of airspace, the licensing of test flight and operation of unmanned aerial vehicles and ultralight aircraft in various areas and at different altitudes, and the assignment of entities to flight management, coordination, supervision, forecasting and notification shall be subject to the nature of the test and operation of unmanned aerial vehicles and ultralight aircraft as defined in the flight permits of the Department of Warfare on the basis of local flight safety and zero impact on national defense and security.
Article 13. Management, coordination, dispatch and supervision of flights
1. Flight management:
a) The management of unmanned aerial vehicles and ultralight aircraft consists of: Flight licensing; coordination of flight forecasting and notification; operation and supervision of flight activities;
b) The management is assigned to: Department of Warfare; Air and Air Defense Force; military zones' air defense unit, Hanoi Capital High Command, Naval Force; provincial military commands, provincial commands of border guard; district-level military command committees; chief commanders of the units stationed at and defending airports, shooting galleries, islands and rigs; commanders of the units defending the work areas of the bodies of Vietnam Communist Party, Government, National Assembly, Ministry of National Defense, Ministry of Public Security, provincial People’s Committees and the areas reserved for national defense and security; border guard stations according to their area-based responsibilities assigned pursuant to Section 2, Article 12 herein.
2. Flight coordination:
a) Operators shall directly coordinate with the entities defined in Section 2 and 3, Article 12 herein;
b) The coordination with the entities defined in Section 2 and 3, Article 12 herein shall be specified in the flight permit that the Department of Warfare issues.
3. Flight dispatch
The dispatch of flight of unmanned aerial vehicles and ultralight aircraft in a permitted area shall be under the direct responsibility and management of the agency, organization or individual applying for flight permit as per legal regulations.
Other circumstances shall be specified in the flight permit that the Department of Warfare issues.
4. Fight supervision
The supervision of flight of unmanned aerial vehicles and ultralight aircraft is to maintain the adherence of airspace management, flight management, coordination, notification and flight dispatch to the regulations, and to maintain flight safety, security, social safety and relevant entities’ benefits.
The supervision of flight of unmanned aerial vehicles and ultralight aircraft is assigned to: Border guard stations; commanders of the units defending the areas defined in Section 5, Article 11 herein; chief commanders of the units stationed at and defending airports, shooting galleries, islands and rigs; district-level military command committees; provincial military commands, provincial commands of border guard; military zones’ air defense unit, Hanoi Capital High Command, Naval Force; military corps, flight management agencies, airspace management unit of the Air and Air Defense Force; Department of Warfare.
Article 14. Penalties against violations
The operators that violate the regulations on flight management, coordination and dispatch shall be subject to administrative actions depending on the nature and degree of their violations pursuant to the Law on actions against administrative violations and guiding documents. Otherwise, they shall be subject to criminal prosecution as per the laws of Vietnam.
Tìm kiếm
Thông tư 35/2017/TT-BQP (Bản Word)
Thông tư 35/2017/TT-BQP (Bản Pdf)