Regulations regarding the use of unmanned aerial vehicles (UAVs).

Tanswer:

According to the Ministry of Public Security:

- Regarding penalty regulations:

Based on Decree No. 144/2021/ND-CP dated December 31, 2021, of the Government, which stipulates administrative penalties for violations in the fields of security, order, social safety; prevention and control of social evils; fire prevention and fighting; rescue and relief; prevention and control of domestic violence; the use of unmanned aerial vehicles such as Flycams, Drones, UAVs, etc., without a license will be subject to penalties, specifically as follows:

- A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of using unmanned aircraft or ultralight aircraft that have not been registered or licensed for flight operations, or organizing flight activities without a license, or having registered but operating the flight outside the permitted time, location, area, coordinates, or limits (at point d, clause 2, Article 7);

- A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for the act of conducting unmanned aerial vehicle (UAV) and ultralight aircraft flight operations that do not comply with the flight permit issued by the competent authority (Clause 7, Article 7);

- A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of conducting unmanned aerial vehicle (UAV) and ultralight aircraft flight operations without a flight permit issued by the competent authority (Clause 10, Article 7).

In addition, there are supplementary penalties including confiscation of evidence and means used in administrative violations under point d, clause 2 and clause 10, and revocation of flight permits for 3 to 6 months for violations of the regulations in clause 7 of this Article.

The authority to impose administrative penalties is stipulated in detail in Chapter III of Decree No. 144/2021/ND-CP, dated December 31, 2021.

-Regarding the procedures and documents required for obtaining permits to use unmanned aerial vehicles (UAVs) in Vietnam:

Currently, the procedures and documents for applying for permits to use unmanned aircraft and ultralight aircraft are carried out according to administrative procedure code 3.000132 managed by the Ministry of National Defence until the Government issues a new Decree regulating the management of unmanned aircraft and other aircraft, specifically:

a) Procedures for applying for flight permits

Individuals and organizations needing permits to use unmanned aircraft and ultralight aircraft must submit their applications no later than 7 working days before the planned flight date. Applications for flight permits should be submitted to the Operations Department - General Staff - Ministry of National Defense (either directly at the Ministry of National Defense's one-stop service center or via public postal service to the Operations Department, 01 Nguyen Tri Phuong Street, Ba Dinh District, Hanoi, or online through the Ministry of National Defense's public service portal).

Within 05 working days, the Operations Department will grant permission to conduct flights or issue a written refusal to grant flight permission (in cases to ensure national security, defense, aviation safety, and when the required information in the flight permit application has not been fully provided).

In case of any difficulties or need for guidance during the application process, citizens/organizations are requested to contact the Operations Department at 0987567606 for assistance.

b) Required documents:

- Application for flight permit;

- Photographs of aircraft and flying vehicles (minimum size 18 x 24cm);

- Technical specifications for aircraft and flying vehicles;

- A valid license or authorization permitting the aircraft or flying vehicle to take off or land at the airport, ground area, or water surface;

- Other documents and papers related to aircraft and flying vehicles.

Which areas in Vietnam are prohibited from using unmanned aerial vehicles (drones)?

Based on Decision No. 18/2020/QD-TTg dated June 10, 2020, of the Prime Minister on establishing no-fly zones and restricted airspace for unmanned aircraft and ultralight flying vehicles; in which Article 3 stipulates the no-fly zones, specifically:

a) Areas containing national defense facilities and particularly important military zones are under the direct management and protection of the Ministry of National Defense, as authorized by the Government.

The horizontal distance from unmanned aircraft and ultralight flying vehicles operating to the boundary of the restricted area must not be less than 500m at all altitudes.

b) Areas encompassing the offices of Party and State agencies, the National Assembly, the Government, central ministries and departments; the headquarters of the Central Committee of the Vietnam Fatherland Front; the offices of Party Committees, People's Councils, and People's Committees at the provincial and centrally-administered city levels; and the offices of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam.

The horizontal distance from unmanned aircraft and ultralight flying vehicles operating to the boundary of the restricted area must not be less than 200m at all altitudes.

c) Defense and security area

Military encampment areas; areas for deploying forces, combat equipment, combat readiness, combat training, and target protection; areas of warehouses, factories, logistics and technical bases (centers), prisons, detention centers, and temporary holding facilities of forces under the Ministry of National Defense and the Ministry of Public Security; areas of structures on the list of important structures related to national security.

The horizontal distance from unmanned aircraft and ultralight flying vehicles operating to the boundary of the restricted area must not be less than 500m at all altitudes.

d) Airport areas where civil and military aircraft operate.

- For airports with one runway, the restricted area is limited to a rectangular area defined from the threshold positions at both ends of the runway, extending outwards to 15,000m from both ends of the runway, and extending 5,000m to either side from the centerline of the runway at all altitudes;

- For airports with two or more runways, the restricted area is defined as a rectangular zone, determined from the threshold of the furthest runway in the direction of aircraft takeoff and landing, extending outwards to 15,000m at both ends of the runway and extending 5,000m to the sides from the centerlines of the two outermost runways at all altitudes.

- For certain airport areas with civil aviation aircraft operations at a frequency of less than 6 flights per day, flexible no-fly zones may be applied. However, flying is prohibited within the airport boundaries; flying is prohibited within one hour before and after the time of manned aircraft operations at the airport; and flying is only permitted with the approval of the military air traffic control authority and the air traffic management authority at that airport.
e) Areas within the limits of air routes, flight paths, and air corridors that have been licensed in Vietnamese airspace, the scope of which is defined in the Vietnamese aeronautical information bulletin "Vietnam AIP" published by the Civil Aviation Authority of Vietnam.
t) In exceptional cases for reasons of national defense, security, or at the request of ministries, sectors, or localities to ensure flight safety and social order, the Ministry of National Defense may decide to temporarily restrict or prohibit flights of unmanned aircraft and ultralight flying vehicles in certain areas within the territory of Vietnam; this decision takes effect immediately.