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GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 288/2025/ND-CP |
Hanoi, November 05, 2025 |
QUY ON MANAGEMENT OF UNMANNED AERIAL VEHICLES AND OTHER AERIAL VEHICLES
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on People’s Air Defense No. 49/2024/QH15;
Pursuant to the Law on amendments to some articles of 11 Laws on Military and National Defense No. 98/2025/QH15;
At the request of the Minister of National Defense;
The Government promulgates the Decree on management of unmanned aerial vehicles and other aerial vehicles.
This Decree elaborates the execution of clause 5, Article 27; clause 6, Article 28; clause 1, clause 2 and point c, clause 4, Article 29; Article 30; clause 1, points a, b, c and d, clause 2, Article 31; Article 32; Article 33; clause 4, Article 34; and Article 35 of the Law on People’s Air Defense regarding import, export, temporary import for re-export, temporary export for re-import; research and development, testing, manufacture, repair, maintenance and business of aircrafts, aircraft engines, aircraft propellers, equipment and devices of unmanned aerial vehicles and other aerial vehicles; requirements for registration, use, provision of registration information; operation; training and issuance of pilot licenses for flying vehicle operators.
This Decree applies to Vietnamese and foreign entities that have activities related to unmanned aerial vehicles and other aerial vehicles (hereinafter referred to as “aerial vehicles”) in Vietnam.
For the purposes of this Decree, the terms below shall be construed as follows:
1. Flight eligibility standards are the parameters and requirements regarding the technical standards and regulations of the aerial vehicle, its equipment and devices; mandatory requirements for individuals operating and using the aerial vehicle regarding security and safety during operation.
2. The operator of the aerial vehicle refers to the entity that owns the aerial vehicle or that legally rents, borrows or is authorized to operate it as prescribed by laws (hereinafter referred to as “operator”).
3. A traditional flight area is a limited airspace in a fixed area where the aerial vehicle’s flight activities have been granted stable and long-term flight permission by the competent authority.
4. A visual line-of-sight flight control permit is a permit issued by the Ministry of National Defense to individuals who are permitted to operate aerial vehicles within visual line of sight after completing aviation knowledge training.
5. A beyond visual line-of-sight flight control permit is a permit issued by the Ministry of National Defense to individuals who are permitted to operate aerial vehicles beyond visual line of sight, control aerial vehicles that are programmed via a central control unit after completing aviation knowledge training and practical flight control training.
Article 4. Classification of aerial vehicles
1. Classification of unmanned aerial vehicles by takeoff weight:
a) Type 1: less than 0,25 kilograms;
b) Type 2: from 0,25 kilograms to less than 2 kilograms;
c) Type 3: from 2 kilograms to less than 25 kilograms;
d) Type 4: from 25 kilograms to less than 150 kilograms;
dd) Type 5: more than 150 kilograms.
2. Classification of unmanned aerial vehicles by control method:
a) Visual line-of-sight control;
b) Beyond visual line-of-sight control.
3. Classification of unmanned aerial vehicles by purpose of use:
a) Commerce;
b) Agricultural production;
c) Aerial surveying, mapping, monitoring;
d) Recreation and entertainment;
dd) Scientific research and technology development;
e) Flight training;
g) Official duty;
h) Other purposes.
4. Classification of other aerial vehicles by engine type:
a) Powered;
b) Unpowered.
5. Classification of other aerial vehicles by control method:
a) With onboard human control;
b) Without onboard human control.
6. Classification of specialized aerial vehicles serving national defense and security purposes as prescribed by the Ministry of National Defense and Ministry of Public Security.
IMPORT, EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TEMPORARY EXPORT FOR RE-IMPORT OF AERIAL VEHICLES; AIRCRAFT ENGINES, AIRCRAFT PROPELLERS, EQUIPMENT AND DEVICES OF AERIAL VEHICLES
Article 5. Import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. The import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall comply with Vietnamese laws and international treaties to which Vietnam is a party.
2. Entities exporting, importing, temporarily importing for re-export, or temporarily exporting for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall not fall under any of the following cases:
b) Be prosecuted for acts involving the use of aerial vehicles to harm national defense, security; social order, safety and aviation safety;
b) Have a criminal record for offenses infringing upon national security.
3. Entities engaging in the import, export, temporary import for re-export or temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall keep records and provide information about these aerial vehicles, engines, propellers and equipment at the request of military or police authorities.
Article 6. Authority for issuance of permits for import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. People’s Committees of provinces and cities (hereinafter referred to as “province-level People’s Committees”) shall grant permission for the import, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles (except for specialized aerial vehicles serving national defense and security purposes of the Ministry of National Defense and Ministry of Public Security) after obtaining opinions from the Ministry of National Defense and Ministry of Public Security.
2. The Ministry of National Defense shall provide opinions on the conformity with technical standards and regulations of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles; and flight eligibility standards for aerial vehicles.
3. The Ministry of Public Security shall provide opinions on the requirements for entities requesting for import, temporary import for re-export, or temporary export for re-import as prescribed in clause 2, Article 5 of this Decree, as well as requirements for quantity, purpose of use, security and safety of aerial vehicles, their component equipment and devices.
4. The export of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall be conducted when entities satisfy the standards, requirements and are granted a production eligibility license or a business eligibility license for aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles as prescribed in this Decree.
Article 7. Application for issuance of permits for import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Written request: 01 original copy using Form No. 01 or Form No. 01a in the Appendix attached to this Decree.
2. Enterprise registration certificate, investment certificate or business registration certificate; and production eligibility license or business eligibility license for the aerial vehicle, aircraft engine, aircraft propeller, equipment and device of the aerial vehicle: 01 valid copy.
3. Overview images and photos of markings and serial numbers (if any) of the aerial vehicle (A4 size).
4. Technical specifications of the aerial vehicle provided by the manufacturer: 01 valid copy.
5. List of separate equipment and devices of the aerial vehicle.
6. Records or documents regarding technical standards and regulations of the aerial vehicle, except in the case of temporary export for re-import.
7. In the case of import by entrustment, there must be a written agreement between the entrusting party and the entrusted party. The entrusting importer shall comply with clause 2, Article 5 of this Decree.
8. In cases where foreign entities have integrated the information and state management authorities have completed the connection and information sharing online, documents in clause 2 of this Article is not required.
Article 8. Procedures for issuance of permits for import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Entities engaging in the import, temporary import for re-export, or temporary export for re-import shall submit one set of application as prescribed in Article 7 of this Decree to the province-level People’s Committee in person, by post, or via the National Public Service Portal.
2. a) Within 03 working days from the receipt of the valid application, the people-level People’s Committee shall send a written document attached with the application of the applicant to the Ministry of National Defense/Ministry of Public Security.
3. Within 05 working days from the receipt of the written document from the province-level People’s Committee, the Ministry of National Defense/Ministry of Public Security shall provide a written response to the province-level People’s Committee. Within 03 working days, the province-level People’s Committee shall decide the issuance of the permit based on the opinions of the Ministry of National Defense/the Ministry of Public Security as prescribed by laws; send information about the permit issuance to the Ministry of National Defense/Ministry of Public Security; and update the permit on the National Public Service Portal. In case of refusal, the province-level People’s Committee shall respond in writing stating the reasons.
4. If the application is not valid, within 03 working days, the province-level People’s Committee shall request the applicant to complete the application. The time for completion of the application shall not be included in the application processing time limit.
Article 9. Revocation of permits for import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Entities shall have their permits for import, export, temporary import for re-export, temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles revoked in one of the following cases:
a) Exploit the import, temporary import for re-export, or temporary export for re-import activities to harm national defense, security, aviation safety, or social order and safety;
b) Provide false information in the application for permits of import, temporary import for re-export, or temporary export for re-import;
c) Alter, erase or modify the information in permits for import, temporary import for re-export, or temporary export for re-import;
d) Be dissolved or declared bankrupt as prescribed by laws;
dd) Have one of documents that are prescribed in clause 2, Article 7 of this Decree revoked by the competent authority.
2. Authority for revocation of permits for import, temporary import for re-export, temporary export for re-import:
a) The province-level People’s Committee shall revoke the permit by issuing the revocation decision;
b) The revocation decision shall be sent to entities, the authority competent to approve the import, temporary import for re-export, or temporary export for re-import, and the customs authority before the effective date of the decision;
c) Permits granted to consignments that have been granted customs clearance shall not be revoked.
RESEARCH, DEVELOPMENT, TESTING, MANUFACTURE, REPAIR, MAINTENANCE AND BUSINESS OF AERIAL VEHICLES, EQUIPMENT AND DEVICES OF AERIAL VEHICLES
Article 10. Requirements for issuance of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles; procedures for issuance of technical standards and regulations for aerial vehicles
1. for issuance of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles:
a) Be registered and granted certificate as prescribed by laws;
b) The owner of the facility engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall comply with clause 2, Article 5 of this Decree;
c) Have at least 03 personnel who are trained in aviation engineering and must hold a college degree or higher;
d) Have records and documents on technical infrastructure, sample products (if any) proving sufficient capacity for research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles;
dd) Have records and documents showing the research, development, testing, manufacture, repair and maintenance of aerial vehicles; workshops, yards and materials suitable for aerial vehicles;
e) Provide a list of types of aerial vehicles produced, repaired, maintained; records and documents of aerial vehicles in accordance with technical standards and regulations issued by the Ministry of National Defense, or basic standards recognized by the Ministry of National Defense;
g) Points a, b, c, d and dd of this clause do not apply to facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles of the Ministry of National Defense and Ministry of Public Security.
2. Procedures for issuance of technical standards and regulations for aerial vehicles shall comply with laws on technical standards and regulations.
Article 11. Authority, application and procedures for issuance of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Authority:
a) The Ministry of National Defense shall issue certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles when they satisfy requirements prescribed in Article 10 of this Decree after obtaining written consensus from the Ministry of Public Security, except for facilities managed by the Ministry of National Defense/the Ministry of Public Security.
b) The Ministry of Public Security shall provide opinions on the requirements of the applicants stipulated in clause 2, Article 5 of this Decree, as well as on the scale, quantity, purpose of use, security and safety of aerial vehicles, aircraft engines, aircraft propellers, separate equipment and devices of aerial vehicles (if any).
2. The application for issuance of certificate of eligibility includes:
a) A written request using Form No. 02 in Appendix attached to this Decree;
b) Registration certificate as prescribed by laws: 01 valid copy;
c) List of specialized aviation personnel attached with diplomas (or corresponding certificates): 01 valid copy;
d) Document describing the technical infrastructure serving research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles: 01 valid copy;
dd) List of types of aerial vehicles included in research, development, testing, manufacture, repair and maintenance; and documents regarding conformity and compliance of aerial vehicles (except for aerial vehicles under research and development/testing);
e) Technical specifications of each type of aerial vehicle produced, repaired, or maintained by the facility; basic technical specifications for aerial vehicles under research and development/testing: 01 valid copy;
g) In cases where foreign entities have integrated the information and state management authorities have completed the connection and information sharing online, documents in point, b clause 2 of this Article is not required.
3. Procedures for issuance of certificates of eligibility:
a) Facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall submit 01 set of application as prescribed in clause 2 of this Article in person, by post, or via the National Public Service Portal to the Ministry of National Defense;
b) Within 03 working days from the receipt of the valid application, the Ministry of National Defense shall send a written document to the Ministry of Public Security and relevant authorities to collect opinions on the application for issuance of certificate of eligibility.
Within 05 working days from the receipt of the valid application from the Ministry of National Defense, the Ministry of Public Security and relevant authorities shall provide a written response.
c) Within 07 days from the receipt of opinions from the Ministry of Public Security and relevant authorities, the Ministry of National Defense shall preside and cooperate with relevant authorities to appraise and issue the certificate of eligibility for the facility engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles; and send one copy to the business registration authority or competent authority that grants operation permission to the facility and to the Ministry of Public Security for joint management. In case of refusal, a written response stating the reasons shall be provided.
In case the application is incomplete or invalid, within 03 working days from the receipt of the application, the Ministry of National Defense shall notify the facility in writing or via email to complete the application. The time for completion of the application shall not be included in the application processing time limit.
4. The validity period of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall comply with point b, clause 2 of this Article.
Article 12. Replacement and re-issuance of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. A certificate of eligibility shall be replaced if it is damaged or when there are changes to the information in the certificate. The certificate shall be re-issued in case of loss.
2. The application for replacement and re-issuance of the certificate of eligibility includes:
a) A written request using Form No. 03 in Appendix attached to this Decree;
b) The issued certificate of eligibility; a loss declaration form for the certificate of eligibility (in case of re-issuance);
c) Proofs of changes if there is any change to the information prescribed in points c, d, dd and e, clause 2, Article 11.
3. Procedures for replacement and re-issuance of the certificate of eligibility:
a) Facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall submit 01 set of application as prescribed in clause 2 of this Article in person, by post, or via the National Public Service Portal to the Ministry of National Defense;
b) Within 03 working days from the receipt of the valid application, the Ministry of National Defense shall send a written document attached to the application to the Ministry of Public Security (in case of changes to the information of the certificate).
The Ministry of Public Security shall provide a written response within 03 working days from the receipt of opinions of the Ministry of National Defense.
c) Within 03 working days from the receipt of opinions from the Ministry of Public Security, the Ministry of National Defense shall replace/re-issue the certificate of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles; and send 01 copy to the business registration authority and the Ministry of Public Security. In case of refusal, a written explanation stating the reasons shall be provided.
In case the application is incomplete or invalid, within 03 working days from the receipt of the application, the Ministry of National Defense shall notify the facility in writing or via email to complete the application. The time for completion of the application shall not be included in the application processing time limit.
Article 13. Revocation of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall have their certificate of eligibility in one of the following cases:
a) Exploit the activities of facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles to harm national defense, security, aviation safety, social order and safety;
b) Provide false information in the application for the certificate of eligibility;
c) Cease operations in the field covered by the certificate of eligibility;
d) Be dissolved or declared bankrupt as prescribed by laws;
dd) Have documents that are prescribed in point b, clause 2, Article 11 of this Decree revoked by the competent authority;
e) Lend, lease, buy or sell the certificate of eligibility;
g) Fail to maintain requirements prescribed in Article 10 of this Decree if facilities have incurred an administrative penalty but fail to rectify those requirements within 40 days from the date on which the competent authority issues a written conclusion.
2. Procedures for revocation of certificates of eligibility:
a) The Ministry of National Defense shall issue the decision on revocation of certificate of eligibility;
b) The decision on revocation shall be sent to facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles, the authority competent to issue the certificate and the Ministry of Public Security before the effective date of the decision.
Article 14. Requirements for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
Entities engaging in the business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall satisfy the following requirements:
1. Entities engaging in the business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall satisfy clause 2, Article 5 of this Decree.
2. Entities shall archive records of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles, and records of entities buying/renting aerial vehicles; provide information about aerial vehicles, buyers/lessees at the request of military or police authorities.
3. For businesses providing aerial vehicle rental services or flight services beyond clauses 1 and 2 of this Article, aerial vehicles shall satisfy requirements prescribed in clause 1 of Article 19.
4. Requirements in clauses 1, 2 and 3 of this Article shall not apply to facilities under management of the Ministry of National Defense and Ministry of Public Security.
Article 15. Authority, application and procedures for issuance of certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Authority: The Ministry of National Defense shall issue certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles if they satisfy requirements in Article 14 of this Decree.
2. Application
a) A written request made by the facility owner using Form No. 04 in the Appendix attached to this Decree;
b) Enterprise registration certificate, investment certificate or business registration certificate: 01 valid copy;
c) List of aerial vehicles, equipment and devices of aerial vehicles;
d) Overseas Vietnamese holding foreign passports and foreigners engaging in business of aerial vehicles, equipment and devices of aerial vehicles in Vietnam shall submit documents prescribed in points a, b and c, clause 2 of this Article, and a personnel declaration form with valid copies of passports, permanent residence cards, temporary residence cards, or valid visa for stay in Vietnam;
dd) In cases where foreign entities have integrated the information and state management authorities have completed the connection and information sharing online, documents in point, b clause 2 of this Article is not required.
3. Procedures for issuance of certificates of eligibility:
a) Owners of facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall submit a set of application as prescribed in clause 2 of this Article to the Ministry of National Defense in person, by post or via the National Public Service Portal;
b) Within 03 working days from the receipt of the valid application, the Ministry of National Defense shall send a written request attached to the application to the Ministry of Public Security for opinions;
c) Within 05 working days from the receipt of the written request from the Ministry of National Defense, the Ministry of Public Security shall respond in writing to the Ministry of National Defense. Within 03 working days from the receipt of Ministry of Public Security’s opinions, the Ministry of National Defense shall issue certificates of eligibility for facilities and send a copy to the Ministry of Public Security for joint management. In case of refusal, the Ministry of National Defense shall respond in writing or via email stating the reasons.
d) If the application is not valid, within 03 working days, the Ministry of National Defense shall request the owner to complete the application. The time for completion of the application shall not be included in the application processing time limit.
4. The validity period of certificates of eligibility for facilities engaging in research, development, testing, manufacture, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall comply with the validity periods of other documents prescribed in point b, clause 2 of this Article.
Article 16. Replacement and re-issuance of certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. A certificate of eligibility for the facility engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles may be replaced if it is damaged or when there are changes to the information in the certificate or it is expired.
2. A certificate of eligibility for the facility engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles may be re-issued if it is lost or revoked.
3. The Ministry of National Defense shall replace/re-issue the certificate of eligibility for the facility engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles in accordance with clauses 1 and 2 of this Article.
4. The application for replacement of the certificate includes the following documents:
a) A written request using Form No. 05 in the Appendix attached to this Decree;
b) Valid copies of proofs of changes to information in the certificate eligibility for the facility engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles (if any);
c) Documents prescribed in point c, clause 2, Article 15 of this Decree in case of changes to aerial vehicles, equipment and devices of aerial vehicles;
d) The original copy of issued certificate of eligibility for the facility engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles.
5. The application for re-issuance of the certificate includes the following documents:
a) A written request using Form No. 05 in the Appendix attached to this Decree;
b) Receipt of fine payment in accordance with the laws as prescribed by law (if any);
b) A loss declaration form for the certificate of eligibility (in case of loss);
d) For cases of re-issuance of certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles that are revoked as prescribed in clause 1, Article 17 of this Decree, the application for re-issuance shall include documents as those of the application for issuance, and be submitted after 12 months from the issuance of the decision on revocation.
6. Procedures for replacement and re-issuance of the certificate of eligibility:
a) Owners of facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall submit a set of application as prescribed in clauses 4 and 5 of this Article to the Ministry of National Defense;
b) Within 03 working days from the receipt of the valid application, the Ministry of National Defense shall replace/re-issue the certificate of eligibility for the facility. In case of refusal, the Ministry of National Defense shall respond in writing or via email stating the reasons;
c) In cases of changes of the legal representative, or changes to aerial vehicles, equipment or devices of aerial vehicles, the Ministry of National Defense shall cooperate in collecting opinions from the Ministry of Public Security before re-issuing the certificate of eligibility for the facility, and send one copy of the re-issued certificate of eligibility to the Ministry of Public Security for joint management;
d) If the application is not valid, within 03 working days, the Ministry of National Defense shall request the facility to complete the application. The time for completion of the application shall not be included in the application processing time limit.
Article 17. Revocation of certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles
1. Certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles shall be revoked in the following cases:
a) Use forged documents or provide false information in documents that misrepresent the nature of the application for certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles;
b) After being granted certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles if the management authority conducts post-inspection and the facility fails to satisfy the requirements prescribed in this Decree within 40 days from the date on which the competent authority issues the written conclusion;
c) The facilities fail to carry out the business after 06 months from the issuance of certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles;
d) The facilities are dissolved or declared bankrupt as prescribed by laws;
dd) The facilities are suspended, or the competent authority revokes the documents prescribed in point b, Clause 2, Article 15 of this Decree;
e) Lend, lease, buy or sell certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles;
g) Exploit the business to harm national defense, security, or aviation safety to the extent that the competent authority recommends to revoke certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles.
2. Authority for revocation of certificates of eligibility for facilities engaging in business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles:
a) The Ministry of National Defense shall issue the decision on revocation of certificate of eligibility;
b) After revocation, the Ministry of National Defense shall notify the business registration authority or the authority competent to grant the business operation license and the local police authority in writing.
REGISTRATION; OPERATION OF AERIAL VEHICLES; PROVISION OF AERIAL VEHICLE REGISTRATION INFORMATION
Article 18. Requirements for registration of aerial vehicles
1. Possess of proofs of legal ownership of including:
a) Import license and Customs declaration (for imported aerial vehicles);
b) Invoices from the entity qualified to conduct aerial vehicle business, or a decision from the competent authority, or transfer documents, or financial documents as prescribed by laws.
2. The aerial vehicles shall satisfy technical standards and regulations issued by the Ministry of National Defense, or technical standards and regulations recognized by the Ministry of National Defense.
3. Some specific cases shall be handled as follows:
a) For aerial vehicles that are self-assembled or manufactured before the effective date of this Decree; aerial vehicles that are in the stage of research, manufacture or testing, they are eligible for registration or temporary registration if there is a manufacturer, assembler or juridical person that is recognized by the competent state authority to inspect, evaluate and issue a certificate of technical requirements confirming the operation eligibility of the devices recording the basic information of aerial vehicles and proofs of legal ownership of aerial vehicles, or a commitment letter from the owner to bear full responsibility for the legality of aerial vehicles;
b) For aerial vehicles that are registered for the first time in Vietnam, they are eligible for registration if the applicants obtain permission from Customs for import or a written confirmation from a juridical person recognized by the competent state authority to produce or assemble that type of aerial vehicle.
4. This Article shall not apply to aerial vehicles of the Ministry of National Defense and Ministry of Public Security.
Article 19. Requirements for operation of aerial vehicles
1. Aerial vehicles must have a valid certificate of registration or temporary registration certificate.
2. The pilots of aerial vehicles must be at least 18 years old, except for pilots of aerial vehicles with a maximum takeoff weight less than 0,25 kilograms. The operators must not be under influence of alcohol, drugs, sleeping pills or banned substances as prescribed by laws.
3. Pilots of aerial vehicles with a maximum takeoff weight of more than 0,25 kilograms must have a visual line-of-sight flight control permit. In cases where aerial vehicles have a maximum takeoff weight of more than 2 kilograms, and fly beyond visual line of sight, or fly according to a programmed flight plan via a central control unit, the operators must have a beyond visual line-of-sight flight control permit issued by the competent authority or an international certificate recognized by the Ministry of National Defense.
4. In cases where one person simultaneously operates two or more aerial vehicles, in addition to requirements prescribed in clauses 1, 2 and 3 of this Article, they must prove that the technology as prescribed in the technical specifications of the flight operation system satisfies safety requirements. Drone light shows must be accepted or approved by the competent state authority.
5. Pilots of aerial vehicles serving sports activities, in addition to requirements prescribed in clauses 1 and 2 of this Article, shall comply with additional requirements as prescribed by laws on physical education and sports.
6. Foreigners operating aerial vehicles in Vietnam, in addition to requirements prescribed in clauses 1, 2, 3, 4 and 5 of this Article, shall have a Vietnamese representative agency, organization or individual as a sponsor.
7. Flight permits in no-fly zones:
a) Only apply to official flight activities;
b) Must satisfy requirements regarding national defense, security, flight safety and social order.
Article 20. Provision of aerial vehicle registration information
The Ministry of Public Security shall provide aerial vehicle registration information to the Ministry of National Defense for joint management:
1. The aerial vehicle registration authority under the Ministry of Public Security is responsible for updating and sharing aerial vehicle registration data on an inter-ministerial database so that authorities competent to grant flight permits under the Ministry of National Defense may access and use the data.
2. Competent authorities under the Ministry of Public Security shall provide information in writing at the request of authorities and units competent to grant flight permits under the Ministry of National Defense.
Article 21. Principles, authority and cooperation in granting flight permits; validity of flight permits
1. Principles
b) Flight permits must satisfy the requirements regarding national defense, security, flight safety; social order and public interests; and be compatible with the capacity of the flight management authority;
b) Unmanned aerial vehicles serving recreational purposes with a maximum takeoff weight of less than 0,25 kilograms operating outside no-fly zones, restricted flight areas; aerial vehicles used for emergency rescue and relief in urgent situations as prescribed by laws are exempt from flight permits but it is required to notify the local military authority, police authority and the local flight operation facility if it affects military or civil flight activities;
c) Flight permits shall only be issued for specific missions, purposes, events or locations;
d) Only one flight permit shall be issued for the same flight operation;
dd) Aerial vehicles with temporary registration shall only be granted restricted flight permits within limited areas determined by the permit-issuing authority as prescribed in point a, clause 1 of this Article.
2. Authority for issuing flight permits
a) The Ministry of National Defense shall issue flight permits for flight operations of aerial vehicles within the airspace and flight information regions of Vietnam, except for aerial vehicles of the Ministry of Public Security;
b) The Ministry of Public Security shall issue flight permits for its aerial vehicles but shall cooperate, forecast and notify the local military authority where the flight operation takes place at least 24 hours before the scheduled flight time. For flights serving urgent missions, notification must be made to the local military authority prior to the flight for joint management;
In cases of issuing flight permits within no-fly zones, restricted flight areas outside the areas managed by the Ministry of Public Security and other areas affecting military aircraft operations, it is required to cooperate and reach agreement with province-level military authority and the regional flight control center under the Air Defense – Air Force Command managing no-fly zones and restricted flight areas.
3. Cooperation in issuing flight permits
a) When issuing permits for flight operations in no-fly zones, restricted flight areas at airports, aerodromes and other areas affecting civil aviation flight operations, authorities competent to grant flight permits under the Ministry of National Defense/Ministry of Public Security shall send written documents to the Ministry of Construction for agreement before issuing the permits. Within 03 days of receiving the documents, the Ministry of Construction shall respond in writing to the Ministry of National Defense/Ministry of Public Security as the basis for permit issuance.
b) When issuing permits for flight operations in no-fly zones, restricted flight areas outside the areas prescribed in point a, depending on the purpose and area of the flight, authorities competent to grant flight permits shall consult relevant military and police authorities in the area before issuing the permits.
4. Validity period of a single flight permit issuance
a) The Ministry of National Defense shall issue a permit for a single flight operation with a maximum validity of 30 days. For official flights and agricultural flight operations, the maximum validity shall not exceed 180 days. For flights in designated communication flight areas, the maximum validity shall not exceed 360 days;
b) The Ministry of Public Security shall issue flight permits for its aerial vehicles with a maximum validity of 30 days per flight operation. For flights in designated traditional flight areas, the maximum validity shall not exceed 360 days.
Article 22. Procedures for issuance of flight permits
1. Application:
a) A written request using Form No. 06 in Appendix attached to this Decree;
b) Proofs of the legality of flight operations: A permit, consent or written approval issued by the competent state authority for activities or events that are required to have such permits or approvals from state authorities as prescribed by laws. If foreign organizations or individuals come to Vietnam to operate aerial vehicles, a sponsor from a Vietnamese agency, organization or individual is required;
c) Flight area diagram for flight operations along a route or within an area bounded by multiple points of a polygon;
d) For flight operations within no-fly zones, in addition to documents prescribed in points a, b and c, clause 1 of this Article, proofs of compliance as prescribed in point a, clause 7, Article 19 of this Decree are also required.
2. Procedures for issuance of flight permits:
a) At least 07 days before the flight date, the operator shall submit one set of application in person, by post or via the National Public Service Portal to one authority competent to grant flight permits as prescribed in clause 2, Article 21 of this Decree;
For flights that affect or restrict the use of declared airways, flight procedures or airports, and require a Notice to Airmen (NOTAM), the application shall be submitted to the authority competent to grant flight permits at least 12 days prior to the flight date;
For flights within border airspace areas, the application shall be submitted to the authority competent to grant flight permits at least 07 days before the date of notifying the neighboring country as prescribed in the Agreement on Border Management between Vietnam and the neighboring country.
b) Within 05 working days from the receipt of a complete and valid application, the authority competent to grant flight permits shall issue the permit to the operator. In case the permit is not granted for all or part of the requested flight area, the authority shall respond in writing (or by email) stating the reasons;
If the application is invalid, within 03 working days from the receipt of the application, the authority competent to grant flight permits shall notify the operator in writing (or by email) to complete the application. The time for completion of the application shall not be included in the application processing time;
c) The authority competent to grant flight permits is responsible for sending the issued flight permit to the superior management authority, military authority, police authority, flight operation facility, relevant organizations or individuals in the area of the aerial vehicle’s operation. The sending time shall be the same with the time of sending flight permit to the applicant;
d) The deadline for submitting flight permit applications does not apply to flights performing national defense, security missions, or urgent search and rescue support missions.
Article 23. Content of flight permits
1. Name, address and contact of the operator and the pilot of the aerial vehicle.
2. Basis for issuing the flight permit.
3. Model, serial number, registration (or temporary registration) number of the aerial vehicle.
4. Flight area including location names, the boundary of the flight area (coordinates of the points of a polygon, or the center coordinates and radius of a circle according to the WGS-84 coordinate system), and flight altitude relative to terrain.
5. Purpose, duration and time of the flight operation.
6. Regulations on flight forecasting, flight coordination notification; designation of the managing, supervising or flight operation authority.
7. Other security and national defense limitations and regulations.
Article 24. Cancellation of flight permits
1. Competent persons or authorities competent to grant flight permits may cancel flight permits due to the following reasons:
a) Security, national defense, flight safety;
b) Detection of violations during the flight permit issuance process.
2. Authority for cancellation of flight permits:
a) The Minister of National Defense or the Chief of the General Staff may revoke or request the revocation of all or part of the issued flight permits within the airspace and flight information regions of Vietnam. Other cases shall be in accordance with the delegated authority as prescribed by the Ministry of National Defense.
b) The Ministry of Public Security may revoke all or part of the flight permits issued by its competent authorities.
3. Persons or authorities competent to grant flight permits shall notify the permit holder in person (in emergency cases) or in writing; and notify relevant authorities managing the flight area with reasons for revocation.
4. In case the operators voluntarily cancel the permitted flight operations, they must notify authorities competent to grant flight permits before the scheduled flight operation time.
Article 25. Organization of flight operations
1. Responsibilities of the operators when organizing flight operations:
a) The following records and documents shall be brought along: Flight permit issued by a competent authority; Certificate of registration or temporary registration of the aerial vehicle; relevant documents as prescribed in clauses 2, 3, 4, 5 and 7, Article 19 of this Decree;
b) Before organizing the flight, the operators must coordinate with the designated authorities or units listed in the flight permit, and is responsible for complying with the instructions of the designated authorities;
c) The flight operation management for aerial vehicles shall be conducted by the operators holding the flight permit. The operators are responsible for ensuring security and safety during the flight operation. Other cases shall comply with information in the flight permit;
d) Before the flights, the pilots of aerial vehicles shall check the technical conditions of the vehicles, weather conditions, obstacles and other hazards to ensure the safety of the flight operations; safety of people and property in the flight area.
2. Flight coordination:
a) Depending on the flight altitude, flight area and purpose, the operators must coordinate in writing (or suitable method) with relevant organizations or individuals prescribed in the flight permit;
b) The coordination information includes flight area, flight altitude, flight corridor; flight time (hour, date, month, year); type of aerial vehicle; flight organization method; flight operation management; relevant information of the operator and the pilot the aerial vehicle; communication method between the pilot of the aerial vehicle and the flight management authority (depending on the nature of the flight); safety notes when organizing the flight;
c) Coordination must be completed within 24 hours before the flight. For flights affecting civil aircraft operations, coordination must be done at least 07 days prior to the flight date. For flights in border areas, coordination shall comply with the Agreement on Border Management between Vietnam and neighboring countries sharing land borders.
d) Deadline shall not apply to aerial vehicles performing official duties in urgent situations.
3. Flight forecasting and notification
a) At least 24 hours before the scheduled flight time for flights at altitudes of 50 meters or above, the province-level Military Command is responsible for coordinating with the operator, sending (or notifying) the flight forecast plan to the relevant regional flight control center under the Air Defense – Air Force Command;
b) The regional flight control center is responsible for receiving flight forecast plans from the province-level Military Command; performing flight forecasting on the system as prescribed by laws. If the forecasted flight operation is found to affect or threaten flight safety within the area under its management, the center shall request the authority competent to grant flight permit to notify the operator to adjust or cancel part or all of the flight permit before the flight time.
4. Flight supervision and management:
a) The military authority shall cooperate with the police authority and aviation authority (for areas near airports and aerodromes) where the flight operation takes place in taking charge of flight supervision and management. For flights above 200 meters altitude, the military authority shall cooperate with units in charge of airspace management, flight operation management and the local flight operation facility in the area prescribed in the flight permit;
b) Flight supervision and management include the following subjects: the operator, the aerial vehicle, flight area limitations, flight time and flight purpose as prescribed in the permit.
5. Suspension of flight operations for aerial vehicles
The management authority has the right to suspend flight operations if the operator commits any of the following violations:
a) Flying outside the permitted content;
b) For reasons of national defense, security and flight safety;
c) The pilot does not satisfy flying requirements;
d) Unmanned aerial vehicles or other aerial vehicles are registered or against registered information;
dd) Violations of international treaties to which the Socialist Republic of Vietnam is a member.
6. Authority for suspension of flight operations of aerial vehicles:
a) The Minister of National Defense, the Chief of the General Staff of the Vietnam People’s Army, the Commander of the Air Defense – Air Force Command, the Military Region Commanders, the Commander of the High Command of Capital Hanoi, the Commander of the High Command of Ho Chi Minh City, province-level Military Commanders and commanders of authorities or units in charge of airspace management and flight control under the Ministry of National Defense have the authority to suspend flights within Vietnamese airspace, flight information regions and areas under their management upon detecting violations as prescribed clause 5 of this Article, except for aerial vehicles of the Ministry of Public Security that have been notified to the Ministry of National Defense;
b) The Minister of Public Security and commanders of police units have the authority to suspend flights of aerial vehicles permitted by police authorities or those infringing on targets protected by the police units.
7. Procedures for suppressing and seizing aerial vehicles
a) During flight management, if violations prescribed in clause 1, Article 34 of the Law on People’s Air Defense are detected, military, police and aviation security authorities shall immediately apply suppression measures including forced emergency landing or disabling aerial vehicles (if serious threats to protection targets, safety of people and other vehicles are detected);
b) Seize aerial vehicles and the pilots;
c) Make a record or hand over to competent authorities for handling as prescribed by laws;
d) In areas where military and police forces jointly participate in protection, the unit that first detects violating aerial vehicles shall immediately implement measures to suppress and seize the vehicles and notify the other unit for joint handling.
Article 26. Responsibility for managing flight areas
1. The Ministry of National Defense shall take charge and cooperate with the Ministry of Public Security and the Ministry of Construction in managing, supervising, forecasting, notifying and coordinating flight operations of unmanned aerial vehicles and other aerial vehicles within Vietnam’s airspace and flight information regions.
2. The Ministry of Construction shall direct relevant authorities and units to cooperate with authorities and units under the Ministry of National Defense in managing, supervising and coordinating flight operations of unmanned aerial vehicles and other aerial vehicles in areas under their management that affect flight operations of civil aircrafts.
3. The Ministry of Public Security shall take charge of the management, supervision, forecast, notification and coordination in areas where unmanned aerial vehicles and other aerial vehicles are operated by the Ministry of Public Security; cooperate with authorities and units under the Ministry of National Defense in managing and supervising unmanned aerial vehicles and other aerial vehicles operated by other organizations and individuals in areas under the Ministry of Public Security’s management.
TRAINING AND ISSUANCE OF LICENSES FOR PILOTING AERIAL VEHICLES
Article 27. Regulations on licenses and training for issuance of licenses for piloting aerial vehicles
1. Licenses for piloting aerial vehicles include:
a) Visual Flight License (Class A) applicable to pilots of aerial vehicles with a maximum takeoff weight from 0,25 kilograms to less than 2 kilograms, and flying within visual line of sight;
b) Instrument Flight License (Class B) applicable to pilots of aerial vehicles with a maximum takeoff weight of more than 2 kilograms, and flying beyond visual line of sight; or aerial vehicles programmed via a central control unit
2. The validity period of the license is 10 years.
3. Training and issuance of licenses for piloting aerial vehicles are conducted by vocational education institutions (hereinafter referred to as “training institutions”) established under the laws on vocational education.
4. Training content for issuance of licenses for piloting aerial vehicles includes:
a) Knowledge of aviation;
b) Practical aerial vehicle operation.
5. The training duration shall comply with the laws on vocational education.
6. The training shall be conducted by both face-to-face and online methods.
7. Learners must submit application and pay training fees as prescribed by training institutions.
8. The basic training curriculum for aviation knowledge and practical aerial vehicle operation shall comply with regulations of the Ministry of National Defense.
9. The Ministry of National Defense shall issue licenses for piloting aerial vehicles at the request of training institutions after the learners complete the training program.
10. This Article does not apply to the training and issuance of licenses for piloting specialized aerial vehicles of the Ministry of National Defense and Ministry of Public Security.
Article 28. Examination for issuance of licenses for piloting aerial vehicles
1. Examination for issuance of pilot licenses for aerial vehicle operators include:
a) Theoretical examination on aviation knowledge;
b) Practical examination on aerial vehicle operation;
c) The examination shall be supervised by the Ministry of National Defense.
2. Regulations on issuance of licenses for piloting aerial vehicles
a) Authority: The Ministry of National Defense shall issue licenses for piloting aerial vehicles at the request of training institutions; recognize foreign licenses or certificates equivalent to licenses for piloting aerial vehicles;
b) Learners shall be issued a Visual Flight License (Class A) when they complete the theoretical training program for aviation knowledge and pass the examinations as required by training institutions;
c) Learners shall be issued an Instrument Flight License (Class B) when they completes both the theoretical training program for aviation knowledge and practical training program for aerial vehicle operation, and pass the examinations as required by training institutions;
d) After examinations, training institutions shall submit a written request attached with applications, list of candidates, examination results and admission decisions to competent authorities responsible for issuing licenses for piloting aerial vehicles under the Ministry of National Defense;
dd) Within 10 days from the receipt of training institutions’ documents, competent authorities under the Ministry of National Defense shall sign, stamp and send the licenses for piloting aerial vehicles to training institutions. Training institutions are responsible for delivering the licenses to the learners.
Article 29. Replacement and re-issuance of licenses for piloting aerial vehicles
1. Licenses for piloting aerial vehicles shall be replaced in cases of damage or expiration; re-issued in cases of loss.
2. Competent authorities under the Ministry of National Defense that are delegated to issue licenses for piloting aerial vehicles shall replace/re-issue such license.
3. The application for replacement includes:
a) A written request using Form No. 08 in Appendix attached to this Decree;
b) Issued license for piloting aerial vehicles.
4. The application for re-issuance includes:
a) A written request using Form No. 08 in Appendix attached to this Decree;
b) A loss declaration regarding the loss of the license;
c) Certified copy of the training institution’s records.
5. Procedures for replacement and re-issuance:
a) License holders applying for replacement or re-issuance shall submit one set of application as prescribed in clause 4 of this Article to competent authorities for replacement or re-issuance of licenses for piloting aerial vehicles;
b) Within 07 working days from the receipt of a complete and valid application, competent authorities shall replace/re-issue licenses for piloting aerial vehicles to the license holders. In case of incomplete or invalid application, within 03 working days, competent authorities shall notify the license holders in writing (or via email) to complete the application.
RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS
Article 30. Responsibilities of ministries and ministerial authorities
1. The Ministry of National Defense shall:
a) Take charge and cooperate with the Ministry of Science and Technology, Ministry of Construction, relevant ministries and ministerial authorities in developing, promulgating and recognizing technical standards and regulations on aerial vehicles;
b) Take charge and cooperate with the Ministry of Public Security and other ministries, ministerial authorities and local authorities in conducting inspections, audits; handling complaints, denunciations and violations related to research, manufacture, testing, production, repair, maintenance and business of aerial vehicles; aircraft engines, aircraft propellers, equipment and devices of aerial vehicles; operation of flying vehicles;
c) Organize devolvement and delegation of authority; research and apply information technology to build electronic information database systems serving management and administrative procedures related to regulations prescribed in this Decree;
d) Take charge and cooperate with the Ministry of Finance, Ministry of Industry and Trade, relevant ministries and ministerial authorities in publishing the list of goods related to aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles with HS codes appropriate to Vietnam’s list of export and import goods; propose competent authorities for amendment to the list of fees for issuing licenses for piloting aerial vehicles as prescribed by laws;
dd) Direct authorities and units under its management to cooperate with police authorities at the same level in advising local authorities in establishing airspace zones for activities of organizations, associations and clubs owning and using aerial vehicles for management.
2. The Ministry of Public Security shall:
a) Take charge and cooperate with the Ministry of National Defense, ministries, ministerial authorities and local authorities in conducting registration, inspection, audit and handling violations related to registration, operation and other activities of aerial vehicles within their jurisdiction;
b) Review and propose the drafting, amendment and supplementation of legislative documents on handling violations in the fields of security, order and social safety related to registration, operation, revocation, suspension of licenses for piloting aerial vehicles, and other activities of aerial vehicles;
c) Cooperate with the Ministry of Industry and Trade and the Ministry of National Defense in inspecting, reviewing and requesting declarations from organizations and individuals owning aerial vehicles;
d) Manage organizations, individuals, associations and clubs owning and using aerial vehicles through registration and declaration at provinces/cities;
dd) Research and apply information technology to build a aerial vehicle registration database system; connect electronic databases of ministries, ministerial authorities and public service portals to serve registration and management of aerial vehicles;
e) Take charge and cooperate with relevant ministries and ministerial authorities in researching and developing license plate technology application to enhance management efficiency of activities related to aerial vehicles;
g) Take charge and cooperate with the Ministry of Finance, relevant ministries and ministerial authorities in reporting to competent authorities on amending and supplementing the list of fees related to aerial vehicle registration as prescribed by laws;
h) Organize the devolvement and delegation of authority to serve the management and carry out administrative procedures related to regulations in this Decree.
3. Ministry of Construction shall:
a) Cooperate with the Ministry of National Defense and the Ministry of Public Security in managing the operation of aerial vehicles to ensure flight safety;
b) Cooperate with the Ministry of National Defense, relevant ministries and ministerial authorities in developing technical standards, regulations on aerial vehicles, and regulations on management of activities related to aerial vehicles.
4. The Ministry of Finance shall:
a) Cooperate with the Ministry of Public Security and the Ministry of National Defense in reporting to competent authorities on supplementing and amending fee rates, the management and use of fees related to aerial vehicle registration and issuance of licenses for piloting aerial vehicles as prescribed by laws;
b) Cooperate with the Ministry of National Defense in developing and promulgating the list of goods including aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles with HS codes in accordance with Vietnam’s list of export and import goods.
5. The Ministry of Industry and Trade shall:
Take charge and cooperate with the Ministry of National Defense, Ministry of Public Security, relevant ministries and ministerial authorities in inspecting the import, export, temporary import for re-export, and temporary export for re-import of aerial vehicles as prescribed by laws.
6. The Ministry of Home Affairs shall:
Take charge and cooperate with the Ministry of National Defense, relevant ministries and ministerial authorities in managing associations engaging in operation of aerial vehicles as prescribed by laws.
7. The Ministry of Science and Technology shall:
a) Take charge and cooperate with relevant ministries and ministerial authorities in implementing national-level scientific and technological tasks and activities regarding mastering the technology of designing and manufacturing aerial vehicles and aerial vehicle control systems;
b) Take charge and cooperate with relevant ministries and ministerial authorities in managing the use of radio frequencies; the compliance with regulations on conformity certification and conformity announcement of radio transmission and reception devices in accordance with technical standards of the Ministry of Science and Technology;
c) Cooperate with the Ministry of National Defense, relevant ministries and ministerial authorities in developing technical standards and regulations on aerial vehicles; take charge of the appraisal and promulgation of national standards on aerial vehicles.
8. The Ministry of Education and Training shall:
Take charge and cooperate with the Ministry of National Defense, relevant ministries and ministerial authorities in managing training institutions that issues licenses for piloting aerial vehicles as prescribed by laws.
9. The Ministry of Culture, Sports and Tourism shall:
Take charge and cooperate with ministries, ministerial authorities and local authorities in managing standards of facilities, equipment and training of specialized personnel engaging in training, competition and performance activities related to paragliding, kite flying and other sports that use aerial vehicles in Vietnam in accordance with laws on physical training and sports.
10. Ministries, ministerial authorities, Governmental authorities shall:
a) Promulgate directives and guidelines for authorities and units under their management that are assigned to implement this Decree;
b) Disseminate and educate laws on management of specialized fields related to aerial vehicles under their management;
c) Cooperate with the Ministry of National Defense in inspecting the compliance with regulations related to aerial vehicle management within their authority;
d) Propose amendments and supplements to improve legislative documents related to aerial vehicle management.
Article 31. Responsibilities of People’s Committees of provinces and cities
1. Manage the activities of authorities, organizations and individuals engaging in the export, import, temporary import for re-export, temporary export for re-import, research, manufacture, testing, production, repair, maintenance and business of aerial vehicles, aircraft engines, aircraft propellers, equipment and devices of aerial vehicles; approve the establishment of associations and clubs owning and using aerial vehicles within their jurisdiction.
2. Direct relevant authorities to cooperate with military and police authorities in managing and handling violations related to aerial vehicles as prescribed in this Decree and relevant legislative documents.
3. Cooperate with the Ministry of National Defense, Ministry of Public Security, relevant ministries and ministerial authorities in organizing inspections, resolving complaints and denunciations regarding activities and fields related to aerial vehicles at provinces/cities within their jurisdiction.
4. Disseminate, educate laws and direct the implementation of regulations in this Decree.
Article 32. Responsibilities of authorities, organizations and individuals engaging in activities related to aerial vehicles
1. Be accountable to the laws for the accuracy and truthfulness of the information, documents and records submitted or presented to competent authorities.
2. Comply and fully perform the responsibilities and obligations prescribed by the Law on People’s Air Defense, the Law on Civil Aviation of Vietnam, the Law on Investment, the Law on Foreign Trade Management, the Law on Vocational Education, this Decree and relevant laws.
3. Provide documents and records as requested by management authorities when they conduct inspections on the compliance with laws on activities related to aerial devices.
Article 33. Transitional provision
1. Certificates issued by ministries, ministerial authorities, competent authorities of ministries, ministerial authorities and local authorities to organizations and individuals for conducting flight operations, import, export, temporary import for re-export, temporary export for re-import; research, manufacture, testing, production, repair, maintenance; and business of unmanned aerial vehicles and other aerial vehicles as prescribed in Government’s Decree No. 36/2008/ND-CP dated March 28, 2008 on the management of unmanned aircraft and ultra-light aerial vehicles, as well as relevant legislative documents shall continue to be valid and implemented in accordance with regulations and validity period of those documents.
2. The replacement/re-issuance of certificates/permits/licenses after the effective date of this Decree shall follow regulations in this Decree.
1. This Decree comes into force from November 05, 2025.
2. Clauses 1 and 3, Article 19 of this Decree come into force from July 01, 2026.
3. The following clauses and articles cease to be effective from the effective date of this Decree:
a) Decree No. 36/2008/ND-CP dated March 28, 2008 of the Government on management of unmanned aerial vehicles and ultra-light aerial vehicles;
b) Article 1 of Government’s Decree No. 79/2011/ND-CP dated September 5, 2011 on amendments to some articles of Government’s Decree No. 36/2008/ND-CP dated March 28, 2008 on the management of unmanned aerial vehicles and ultra-light aerial vehicles; and on amendments to some articles of Government’s Decree No. 58/2010/ND-CP dated June 1, 2010 elaborating the implementation of several articles of the Law on Militia and Self-Defense;
c) Clause 4, Article 15 and clause 3, Article 17 of Government’s Decree No. 125/2015/ND-CP dated December 4, 2015 elaborating the management of flight operations.
Ministers; Heads of ministerial authorities; Heads of Governmental authorities; Presidents of People’s Committees of provinces and cities; heads of relevant authorities, organizations and persons are responsible for implementing this Decree.
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ON THE BEHALF OF THE GOVERMENT Pham Minh Chinh |
