On the afternoon of October 30, continuing the 8th Session, Chairman of the National Assembly's Defense and Security Committee Le Tan Toi presented a report explaining, accepting, and revising the draft Law on People's Air Defense.
Regarding flight licenses for drones and other flying vehicles, Chairman Le Tan Toi said that some opinions suggested specific regulations on no-fly zones and restricted-fly zones.
There are suggestions to demarcate the authority of the Ministry of National Defense and the Ministry of Public Security in registering and licensing flights of unmanned aircraft and ultralight aircraft; and to delegate authority to localities for convenient management in each sky area.
The Standing Committee of the National Assembly believes that the no-fly zones and restricted-flight zones for drones and ultralight aircraft are stipulated in Decision No. 18/2020/QD-TTg dated June 10, 2020 of the Prime Minister, guiding the implementation of the Law on Civil Aviation and Decree 36/2008/ND-CP on the management of drones and ultralight aircraft.
Based on the opinions of delegates, the Standing Committee of the National Assembly has revised and supplemented the regulation that the Ministry of National Defense grants flight licenses or delegates to its subordinate units the right to grant flight licenses for unmanned aircraft and other flying vehicles.
The Ministry of National Defense will base on the type of vehicle, altitude, and operating characteristics of drones and other flying vehicles to decentralize the authority to grant flight permits to the Military Region Command, Hanoi Capital Command, Ho Chi Minh City Command, and provincial military commands.
Supplementing the Ministry of Public Security's authority to grant flight permits for flights of unmanned aircraft and other flying vehicles of the Ministry of Public Security and must notify the Ministry of National Defense to manage airspace according to regulations.
The draft law stipulates cases of detention and suppression as follows:
Flying without a flight permit; flying into a prohibited or restricted area; failing to comply with a flight suspension request.
Encroachment on airport area, airport or area adjacent to airport, airport where civil aircraft, military aircraft operate.
Using drones or other flying vehicles for the purpose of propagandizing, inciting, enticing, distorting, and opposing the Party and the State or committing other illegal acts;
Using unmanned aircraft or other flying vehicles to carry illegal equipment, weapons, explosives, or prohibited substances; other special cases when ordered by a competent authority.
The authority to issue orders for temporary detention and suppression is stipulated as follows:
The Minister of National Defense and the Minister of Public Security have the right to order the temporary detention and suppression of unmanned aircraft and other flying vehicles that violate the law.
The Commander of the Military Region, the Commander of the Hanoi Capital Command, the Commander of the Ho Chi Minh City Command, the Commander of the Provincial Military Command, the Commander of the District and Commune Military Commands are authorized to order the temporary detention and suppression of unmanned aircraft and other flying vehicles that violate regulations.
Commanders of aviation security forces, commanders of border guards and coast guards are authorized to order the temporary detention and suppression of unmanned aircraft and other flying vehicles violating their areas and management areas.
Commanders of military and police units are authorized to order the temporary detention and suppression of drones and other flying vehicles that violate management areas and protected targets.
The head of the team that suppresses drones and other flying vehicles has the right to order suppression and temporary detention when discovering other flying vehicles violating regulations.
