Regulations on the use of drones

Tanswer:

According to the Ministry of Public Security:

- Regarding penalties:

Pursuant to Decree No. 144/2021/ND-CP dated December 31, 2021 of the Government stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence; the use of unmanned aerial vehicles such as Flycam, Drone, UAV... without a license will be subject to sanctions, 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 for a flight license or organizing flight activities without a license or having registered but not controlling the flight at the correct time, location, area, coordinates, or permitted 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 and ultralight aircraft operations not in accordance with the content of the flight permit issued by the competent authority (in Clause 7, Article 7);

- A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of conducting drone and ultralight flying activities without a flight permit issued by a competent authority (in Clause 10, Article 7).

In addition, there are additional penalties of confiscation of exhibits and means of administrative violation for point d, clause 2 and clause 10 and revocation of flight license from 03 to 06 months for violations specified in clause 7 of this Article.

The authority to sanction administrative violations is specified in detail in Chapter III of Decree No. 144/2021/ND-CP, dated December 31, 2021.

-Regarding procedures and documents for applying for a license to use unmanned aerial vehicles in Vietnam:

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

a) Procedures for applying for a flight permit

Individuals and organizations that need to be licensed to use unmanned aircraft and ultralight aircraft must submit their application no later than 07 working days before the expected date of flight organization. Organizations and individuals must submit their application for flight license to the Department of Operations - General Staff - Ministry of National Defense (submit directly at the one-stop department of the Ministry of National Defense or via public postal service to the Department of Operations, No. 01 Nguyen Tri Phuong, Ba Dinh, Hanoi or submit online on the public service portal of the Ministry of National Defense).

Within 05 working days, the Operations Department shall grant permission to organize flights or issue a document refusing to grant a flight permit (in cases to ensure security, national defense, aviation safety and when not providing full information as prescribed in the flight permit application).

In case of any problems or need guidance during the application process, citizens/organizations are requested to contact the Operations Department via phone number 0987567606 for support.

b) Profile components:

- Application for flight permit;

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

- Technical description of aircraft and flying vehicles;

- License or legal authorization allowing aircraft and flying vehicles to take off and land at airports, areas on land or water;

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

-What areas are prohibited from using drones in Vietnam:

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

a) Areas of national defense works and especially important military zones authorized by the Government to the Ministry of National Defense for direct management and protection.

The horizontal distance from unmanned aircraft and ultralight aircraft operating to the restricted area boundary is not less than 500m at all altitudes.

b) Office areas of the Party, State, National Assembly, Government, central departments, ministries and branches; office of the Central Committee of the Vietnam Fatherland Front; office of the Party Committee, People's Council, People's Committee of the province and centrally-run city; office of diplomatic missions, consular agencies, representative agencies of international organizations in Vietnam.

The horizontal distance from unmanned aircraft and ultralight aircraft operating to the restricted area boundary is not less than 200m at all altitudes.

c) Defense and security areas

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

The horizontal distance from unmanned aircraft and ultralight aircraft operating to the restricted area boundary is not less than 500m at all altitudes.

d) Airport and airfield areas with civil and military aircraft operations.

- For airports with 01 runway, the prohibited area is limited to a rectangular area determined from the threshold position at both ends of the extended runway and extending outwards to 15,000m and from the centerline of the extended runway to both sides 5,000m at all altitudes;

- For airports with 02 or more runways, the prohibited area is limited to a rectangular area, determined from the threshold position of the furthest runway in the take-off and landing direction of the aircraft, extending and extending outwards to the two ends of the runway up to 15,000m and extending to both sides 5,000m from the center of the 02 outermost runways at all altitudes.

- For some airport areas, airports with civil aviation aircraft operations with a frequency of less than 06 flights per day, flexible no-fly zones are allowed. However, flights are not allowed within the boundaries of the airport area; flights are not allowed within 01 hour before and after the time of manned aircraft operations at the airport; flights are only allowed with the consent of the military flight management and control agency and the flight operations management agency at that airport.
e) Areas within the limits of licensed air routes, flight tracks, and flight corridors in Vietnam's airspace, and the limits of air routes stated in the Vietnam aeronautical information bulletin "AIP Vietnam" published by the Civil Aviation Authority of Vietnam.
t) In special cases for national defense and security reasons or at the request of ministries, branches and localities to ensure flight safety and social order and safety, the Ministry of National Defense decides to temporarily restrict or temporarily prohibit flights of unmanned aircraft and ultralight aircraft in certain areas within the territory of Vietnam; this decision takes effect immediately.