The Law on People's Air Defense recently passed by the National Assembly clearly stipulates four cases of suppression and temporary detention of drones and other flying vehicles.
On the morning of November 27, the National Assembly voted to pass the Law on People's Air Defense with 449/449 delegates present in favor (accounting for 93.74% of the total number of delegates).
One of the notable contents stipulated in the law is the management of drones, other flying vehicles and ensuring air defense safety.
In which, Article 33 stipulates the suspension of flights for unmanned aircraft and other flying vehicles.
Specifically, flight suspension is carried out in cases of flights not in accordance with the licensed content; for reasons of national defense, security and flight safety; the operator is not qualified to fly; the drone or other flying vehicle is not registered or is not in accordance with the registration.
Article 34 clearly states four cases of suppression and temporary detention of unmanned aircraft and other flying vehicles.
Firstly, cases of flying without a flight permit; flying into no-fly zones or restricted flight zones without permission; not complying with flight suspension requirements.
Second, in case of encroachment on the airport area, airport or area adjacent to the airport, airport where civil aircraft or military aircraft operate.
Third, using drones or other flying vehicles to propagate, incite, entice, distort, sabotage the Party and the State or commit other illegal acts.
Fourth is using drones and other flying vehicles to carry equipment, weapons, explosives, prohibited substances, and transport illegal goods.
The granting of flight permits for unmanned aircraft and other flying vehicles is regulated in Article 30. Accordingly, the granting of flight permits must be consistent with the technical specifications and purposes of use of unmanned aircraft and other flying vehicles, the ability to manage, operate, and monitor flight operations and ensure national defense, security, order, social safety, aviation safety and public interests.
The Ministry of National Defense issues flight permits or delegates them to units under its authority to issue flight permits. The Ministry of Public Security issues flight permits or delegates them to units under its authority to issue flight permits for unmanned aircraft and other flying vehicles of the Ministry of Public Security and notifies the Ministry of National Defense for coordinated management.
In case of granting flight permits in prohibited or restricted flight areas and other areas that affect the flight operations of military aircraft, the consent of the Ministry of National Defense is required.
The Law also stipulates that in cases where the Ministry of National Defense or the Ministry of Public Security grants flight permits in the area of airports, airfields and other areas that affect the flight activities of civil aircraft, the consent of the Ministry of Transport is required.
Abolish the regulation of the Ministry of Industry and Trade granting export licenses for unmanned aircraft
Reporting on the explanation and acceptance of the draft law before the National Assembly passed it, Chairman of the National Defense and Security Committee Le Tan Toi said there were opinions suggesting clear regulations on the authority and responsibility for suspending flights to avoid arbitrariness and overlap.
The National Assembly Standing Committee believes that the flight suspension is carried out in accordance with regulations on decentralization of command and management in the Ministry of National Defense (in order of authority to suspend from top to bottom); the Ministry of Public Security and Public Security units have the right to suspend flights.
The draft law stipulates principles to ensure timely handling of violations of drones and other flying vehicles. The specific procedures will be regulated in detail by the Government to ensure strictness, non-arbitrariness, no overlapping of authority, and clear responsibilities of each level.
Regarding import, export, temporary import for re-export, temporary export for re-import of unmanned aircraft and other flying vehicles (Article 27), there are opinions suggesting consideration to have an open export policy for this field.
According to Mr. Toi, in the process of receiving and revising the draft, the National Assembly Standing Committee removed the regulation that the Ministry of Industry and Trade grants export licenses for drones and other flying vehicles.
However, for unmanned aircraft and other flying vehicles serving defense and security tasks, it is still necessary to stipulate that the Ministry of National Defense and the Ministry of Public Security grant export and import licenses to ensure requirements on military secrets and security secrets, and are regulated by the Minister of National Defense and the Minister of Public Security.
The Law consists of 7 chapters and 47 articles, effective from July 1, 2025.
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Source: https://vietnamnet.vn/4-truong-hop-che-ap-tam-giu-may-bay-khong-nguoi-lai-2345790.html
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