Clarifying legal and practical inadequacies in the management of unmanned aircraft and ultralight aircraft

On the afternoon of April 1, continuing the legal session, the National Assembly Standing Committee gave opinions on the draft Law on People's Air Defense.

Presenting the Report, Senior Lieutenant General Nguyen Tan Cuong, Chief of the General Staff of the Vietnam People's Army and Deputy Minister of National Defense , said that the purpose of the draft Law is to create a common legal framework for the establishment, mobilization, and organization of people's air defense activities; manage activities related to unmanned aircraft, ultralight aircraft, and ensure air defense safety, in order to perfect the legal system on people's air defense.

In addition, building a strong and comprehensive national defense, maintaining a peaceful environment, political stability, order and social security to develop the country's economy, resolutely and persistently protecting the Party, State, people and socialist regime, promoting the combined strength of the entire people to firmly protect the independence, sovereignty, unity and territorial integrity of the Fatherland.

The draft Law consists of 8 chapters with 55 articles, stipulating principles, policies, contents of building, mobilizing, and operating people's air defense; management of unmanned aircraft, ultralight aircraft, and ensuring air defense safety; rights, obligations, and responsibilities of agencies, organizations, enterprises, and individuals regarding people's air defense...

Senior Lieutenant General Nguyen Tan Cuong, Chief of the General Staff of the Vietnam People's Army and Deputy Minister of National Defense, presented the report. Photo: An Dang/VNA

Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi, representative of the examining body, said: The Standing Committee of the Committee agreed on the necessity of promulgating the Law on People's Air Defense and found that: The promulgation of the Law is to institutionalize the Party's guidelines and policies on building an all-people national defense, building a solid defense zone, meeting the requirements of protecting the Fatherland in the new situation; institutionalize the provisions of the Constitution related to the restriction of human rights, civil rights and the 2018 Law on National Defense on defense of military zones and defense zones. The promulgation of the Law also aims to overcome shortcomings and limitations in the practical implementation of the law on people's air defense, management of unmanned aircraft, ultra-light aircraft, ensuring unity and synchronization in the legal system, consistent with reality and meeting the requirements and tasks of managing and firmly protecting the sky of the Fatherland of Vietnam.

The Standing Committee of the National Defense and Security Committee believes that the draft Law dossier is basically prepared in accordance with the provisions of the Law on Promulgation of Legal Documents. The Standing Committee of the Committee requests the Drafting Committee to supplement the content of the report summarizing the implementation of the law on people's air defense and the management of unmanned aircraft and ultralight aircraft, clarifying the legal and practical difficulties and inadequacies in the management of unmanned aircraft and ultralight aircraft. The Drafting Committee needs to study and supplement the content of international experience in the management of unmanned aircraft and ultralight aircraft in socio-economic development combined with ensuring national defense and security.

Regarding import, export, temporary import for re-export, temporary export for re-import of unmanned aircraft and ultralight aircraft (Article 27), there are opinions suggesting clarifying the necessity of regulating export licensing for unmanned aircraft and ultralight aircraft; clarifying the process of requesting opinions for temporary import and re-export activities; conditions for export and import; regulations on entrustment; other opinions suggest unified regulations on the authority to grant import licenses for unmanned aircraft and ultralight aircraft.

The Standing Committee of the National Defense and Security Committee requested the Drafting Committee to study, review and prescribe appropriate content, especially the regulations on the authority of the Ministry of National Defense, the Ministry of Planning and Investment, and the Ministry of Industry and Trade to meet the requirements of state management of unmanned aircraft and ultralight aircraft.

Regarding the conditions for operating and using unmanned aircraft and ultralight aircraft in cases where a flight license is required (Article 29), the Standing Committee of the National Defense and Security Committee proposed considering the regulation requiring the operator to be 18 years of age or older and to be trained in aviation knowledge to ensure compliance with practice. At the same time, the content of the regulation requiring the condition of “having knowledge of aviation” is unclear, which may create unnecessary procedures, requirements for training and certification.

Through discussion, members of the National Assembly Standing Committee requested the drafting committee to continue reviewing to fully institutionalize the Party's policies, meet the requirements of protecting the Fatherland in the new situation, review to ensure conformity and compatibility with international treaties and commitments. At the same time, the drafting committee needs to review the scope and subjects of regulation of the draft Law to meet the viewpoints, objectives and requirements of the Law but not overlap with other fields and other laws; review and carefully evaluate the impact of each policy and provision in the Law to ensure effectiveness and feasibility; concretize in the Law to the maximum the contents that have been tested and applied stably in practice...

Vice Chairman of the National Assembly Nguyen Duc Hai suggested that the drafting committee continue to study and complete regulations on the organization of the people's air defense force, the directing agency, and the command agency of the people's air defense; study and complete regulations on the management of unmanned aircraft and ultralight aircraft, assign management responsibilities among ministries and branches, avoid overlapping functions and tasks in export, import, flight license registration, conditions for exploitation and use; and link and harmonize national defense and security assurance and socio-economic development.

According to VNA/Tin Tuc Newspaper

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