Proposal to amend the concept of aircraft in the Law on Civil Aviation of Vietnam

On the afternoon of October 30, the National Assembly listened to the Report on explanation, acceptance, and revision of the draft Law on People's Air Defense and discussed it in the hall.

Adjusting the concept of drones

On behalf of the National Assembly Standing Committee, presenting the Report on explanation, acceptance and revision of the draft Law on People's Air Defense, Member of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi said that the draft after acceptance and revision has 8 chapters with 55 articles.

In particular, the Committee accepted comments on the concepts of "unmanned aircraft" and "ultralight aircraft".

Member of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi presented a report explaining, accepting and revising the draft Law on People's Air Defense.

Mr. Toi said that based on the opinions of delegates, through studying the concepts of a number of countries and the regulations in the 1944 Convention on Civil Aviation, the National Assembly Standing Committee has revised the concept of "unmanned aircraft" to ensure it is suitable, complete, and comprehensive for other unmanned flying devices that may exist in the future such as flying taxis and flying motorbikes.

Thus, according to the latest draft law, an unmanned aircraft is an aircraft whose control and maintenance of flight operations do not require direct control by a pilot on that aircraft.

In response to the suggestion to clarify the word "ultralight" in the concept of "ultralight aircraft", the Committee has removed the word "ultralight" and developed the concept in the direction of listing types of balloons, flying models, parachutes, flying kites (except for folk flying kites) and other flying devices with or without a pilot that are not airplanes, helicopters or unmanned aircraft.

At the same time, to ensure distinction and consistency with the concept of "aircraft" in the Law on Civil Aviation of Vietnam, the Standing Committee of the National Assembly proposes that the National Assembly amend the concept of "aircraft" in the Law on Civil Aviation of Vietnam as prescribed in Clause 2, Article 53 of the draft Law.

Supplementing the responsibility of granting import and export licenses of the Minister of National Defense and the Ministry of Public Security

Regarding import, export, temporary import for re-export, temporary export for re-import of unmanned aircraft and other flying vehicles, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi said that there is a proposal to stipulate that only the Ministry of Public Security and the Ministry of National Defense are allowed to grant licenses for production and import... to ensure management, including airspace and security areas.

Another opinion suggested reviewing regulations to ensure consistency with the law on import and export, creating conditions for the development of unmanned aircraft and ultralight aircraft.

Regarding this content, the National Assembly Standing Committee reported: Regulations on import, export, temporary import for re-export... in the draft Law are consistent with the state management functions of ministries and branches, ensuring consistency with specialized laws.

Accordingly, the Ministry of Industry and Trade manages the export, import, temporary import for re-export, temporary export for re-import of drones and other flying vehicles, but this is a conditional business line, so it is necessary to have written consensus from the Ministry of National Defense and the Ministry of Public Security.

The Ministry of Planning and Investment manages the business activities of unmanned aircraft and other flying vehicles. The Ministry of National Defense and the Ministry of Public Security manage the registration and granting of flight licenses for these vehicles in accordance with their functions and tasks of managing and protecting airspace.

In case of export, there is no requirement for written consent from the Ministry of National Defense or the Ministry of Public Security.

In response to delegates' opinions, the National Assembly Standing Committee reviewed and supplemented Clause 2 regulating the responsibilities of the Minister of National Defense and the Minister of Public Security in regulating the licensing of import and export of unmanned aircraft and other flying vehicles within their management scope.

Specifically, the Minister of National Defense and the Minister of Public Security shall grant licenses for the import and export of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers, and equipment and devices of unmanned aircraft and other flying vehicles serving the defense and security tasks of the Ministry of National Defense and the Ministry of Public Security.

The Minister of Industry and Trade shall grant licenses for import, temporary import for re-export, temporary export for re-import of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles after receiving written consent from the Ministry of National Defense and the Ministry of Public Security.

Source: https://www.baogiaothong.vn/de-nghi-sua-khai-niem-tau-bay-trong-luat-hang-khong-dan-dung-viet-nam-192241030145622497.htm