The objective of building this law is to create a legal basis for building a widespread, all-people, comprehensive, multi-layered, multi-directional national defense posture; promoting the strength of all levels, sectors and the entire population in protecting the Fatherland's airspace.
The need to build a Law on People's Air Defense
The draft Law on People's Armed Forces has been widely consulted by the Ministry of National Defense among the people; comments from ministries, branches, localities... The law-making aims to concretize the guidelines, policies, and guidelines of the Party and State, the provisions of the Constitution on national defense and military and defense work; build an all-people national defense, all-people national defense posture, and people's armed forces posture in each direction and defense area, in order to prevent and effectively handle situations related to national defense and security in the air; proactively protect the Fatherland early and from afar, not to be surprised in any situation. At the same time, overcome the limitations and shortcomings in the organization and implementation of people's armed forces tasks in the past; resolve new issues and practical requirements; ensure human rights and civil rights according to the provisions of the Constitution; perfect the legal basis for people's armed forces activities to be carried out effectively and efficiently.
On the other hand, the management of unmanned aircraft, ultra-light aircraft, and the work of ensuring air defense safety for air defense positions is requiring legal regulations to regulate, such as: Regulations on the management of conditions, standards, and investment procedures; design, production, repair, maintenance, testing, and use of unmanned aircraft, ultra-light aircraft; distance, range, and height of adjacent structures, adjacent to air defense positions... The management of the above activities will be related to the restriction of human rights and civil rights according to the provisions of the 2013 Constitution and directly related to the provisions of current law.
When war occurs, protecting and ensuring stable production and business in order to maintain and develop the economy and society, ensuring people's lives is a very important and necessary task. However, the law has not yet regulated the organization and building of the People's Public Security Force in factories, enterprises, businesses, and large national energy projects; it has not yet regulated the content of mobilizing agencies, organizations and people to participate in People's Public Security work. Meanwhile, the organization of People's Public Security activities is related to human rights, the rights and legitimate interests of citizens, but has not been regulated in the current legal system or has only been regulated in general principles; therefore, it is necessary to research and develop specialized laws to create a legal basis for People's Public Security work.
In the context of the strong development of the Fourth Industrial Revolution, modern weapons, equipment, and military technical equipment have appeared. Smart, controlled missiles, bombs, and unmanned aerial vehicles (UAVs) have been widely used and are highly effective in wars and conflicts in countries around the world in recent years, changing the scale, scope, space, time, forces, and tactics of warfare, affecting the ability to detect and manage airspace, especially at altitudes below 5,000m of the People's Armed Forces. In our country, in recent times, ultra-light aircraft have developed quite rapidly, applied in many economic, political, cultural, and social fields... posing potential risks to the defense and security sectors, requiring appropriate solutions in management, exploitation, use, and specific regulations in the law.
Tight control of flying vehicles
The draft Law on Air Defense is built on the basis of five major policies, namely: Building the Air Defense Force; mobilizing and operating the Air Defense Force; managing unmanned aircraft and ultra-light aircraft (flycam); regulating measures to ensure air defense safety; resources and policies to ensure air defense work.
In particular, the rights to exploit, use, and invest in business of drones and flycams are of public concern. Currently, along with the development of science and technology, drones and flycams are developing rapidly and diversely. These flying vehicles are widely used and bring benefits in many areas of social life. However, these flying devices can also be the direct cause of incidents affecting national defense, security, order, social safety, and aviation safety. It is worth mentioning that drones and ultra-light flying vehicles are easily used by reactionary, opposing, and hostile forces as tools to carry out acts of terrorism, sabotage, filming, taking photos, and dropping explosives, flammable substances, and toxic substances to sabotage the Party and the State.
In 2019 and 2020, on the southwestern and northwestern border lines, authorities regularly detected illegal flycams. Through investigation and verification, it was determined that these were flycams flown by smugglers to spy on our anti-smuggling forces to facilitate the transportation of contraband across the border lines. In particular, in the inner city districts of Hanoi, authorities detected more than 900 illegal flycam flights, of which 715 were in 2022; in the first 4 months of 2023, there were nearly 200.
Along with that, regulations on flight eligibility standards, licensing procedures for design, production, repair, maintenance, and testing facilities; management measures and sanctions for the operation of drones and flycams according to current regulations reveal some limitations. Coordination between relevant agencies in state management and registration of drones and flycams is not tight...
To overcome the above shortcomings, the draft Law on PKND proposes 3 solutions, including a solution on the management of unmanned aircraft and flycams at altitudes below 5,000m in the direction of specific regulations on management of research, production, purchase, sale, and use; clearly defining the responsibilities of each ministry and sector in the management of these vehicles. The provisions in the draft law create a specific legal basis, facilitating the management of import, export, trade, exploitation, and use of unmanned aircraft and flycams. At the same time, strictly manage the operation of flying vehicles, ensuring security and safety from the air.
Colonel BUI DUC HIEN, Deputy Commander of Air Defense - Air Force
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