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 Proposal on the draft Law on People's Air Defense. (Photo: DUY LINH)
On the afternoon of April 1, continuing the program of the legal thematic session, the National Assembly Standing Committee gave opinions on the draft Law on People's Air Defense.
Responding to the requirements of protecting the Fatherland in the new situation
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, emphasized that the people's air defense posture is an integral and inseparable part of the defense area. People's air defense operations are a unique feature of Vietnamese military art that has been effectively applied in our nation's war of national liberation.
Nowadays, new combat plans in modern warfare, air attacks and air defense have become extremely important requirements, deciding the success or failure of the battlefield situation. From there, it is necessary to continue building a strong and comprehensive national defense, promoting the country's overall strength to proactively prevent and effectively handle situations related to defense and security in the air.
Delegates attending the meeting. (Photo: DUY LINH)
According to Senior Lieutenant General Nguyen Tan Cuong, the National Defense Law and legal documents related to the task of people's air defense, management of unmanned aircraft, and ultra-light aircraft only stipulate a framework and are of a principled nature, so they require the creation of a complete and comprehensive legal framework for people's air defense activities to meet the requirements of protecting the Fatherland in the new situation.
In addition, the management and protection of airspace at altitudes below 5,000 meters is being highly valued by many countries in the world, especially in the current period with the appearance of unmanned aircraft being researched, manufactured, exploited and used by countries for military purposes as a new combat force bringing high combat effectiveness.
In the country, violations of the law by drones and ultralight aircraft are increasing, posing many potential threats to national defense, security, safety and aviation security.
From the above reasons, Senior Lieutenant General Nguyen Tan Cuong emphasized that the development and promulgation of the Law on People's Air Defense is very necessary, contributing to perfecting the legal system on military and national defense, and having practical significance in protecting the Fatherland in the new situation.
Conditions for operating unmanned aircraft and ultralight aircraft
According to the draft Law, the person directly controlling an unmanned aircraft or ultralight aircraft must be 18 years of age or older, have full civil capacity and have knowledge of aviation. At the same time, he/she must notify the flight activities and obtain approval from the state management agency for the exploitation and use of unmanned aircraft and ultralight aircraft.
Examining the draft law, Chairman of the National Assembly's Defense and Security Committee Le Tan Toi said that the Standing Committee of the Committee proposed considering regulations requiring pilots to be 18 years of age or older and trained in aviation knowledge to ensure compliance with reality.
According to Mr. Le Tan Toi, the content of the regulation requiring "having knowledge of aviation" is unclear, and may create unnecessary procedures, requirements for training and certification.
Chairman of the National Assembly's Defense and Security Committee Le Tan Toi presented the review report on the draft Law. (Photo: DUY LINH)
In addition, there are opinions suggesting a careful assessment of the impact of this regulation to ensure that it does not affect socio-economic development activities; and more specific regulations on criteria for exemption from flight licensing to facilitate implementation. The Standing Committee of the National Defense and Security Committee suggested that the drafting committee continue to study and review to have appropriate regulations.
The Standing Committee of the National Defense and Security Committee basically agreed on the regulations on temporary detention, seizure, and suppression of unmanned aircraft and ultralight aircraft as in the draft Law in some cases: organizing flight activities without a flight license; flying into no-fly zones or restricted flight zones that competent authorities have warned against but still deliberately fly into, except for official flights; violating the area of an airport, airfield, or neighboring area that may cause unsafe flight activities...
However, there are opinions suggesting to study the regulations in the direction of unifying the legal consequences in Article 31 with the provisions in Article 30 of the draft Law with measures and authority to suspend, confiscate, suppress...
There is a proposal to add the authority of the commander of the Vietnam Coast Guard unit to suspend flights, temporarily detain, and seize unmanned aerial vehicles to match the authority of the Coast Guard.
Regarding state management responsibilities, there are opinions suggesting that the Drafting Committee continue to study and perfect regulations on the responsibilities of the Ministry of Public Security; coordination, management, flight licensing mechanisms, and notification of flight licensing for unmanned aircraft and ultralight aircraft licensed by the Ministry of Public Security, ensuring compliance with reality and meeting mission requirements, especially in emergency situations.
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