Thông tư 35/2017/TT-BQP

CIRCULAR

ON THE ELIGIBILITY FOR FLIGHT; THE ELIGIBILITY AND PROCEDURE FOR LICENSING OF THE ENTITIES THAT DESIGN, MANUFACTURE, REPAIR, MAINTAIN AND TEST AIRCRAFT, AIRCRAFT ENGINES, AIRCRAFT PROPELLERS, AVIONICS AND EQUIPMENT OF UNMANNED AERIAL VEHICLES AND ULTRALIGHT AIRCRAFT; AND OF THE OPERATORS OF UNMANNED AERIAL VEHICLES AND ULTRALIGHT AIRCRAFT

Pursuant to the Law of Vietnam Civil Aviation dated June 29, 2006 and the Law on amendments to certain articles of the Law of Vietnam Civil Aviation dated November 21, 2014;

Pursuant to the Government’s Decree No. 35/2013/ND-CP dated April 22, 2013 on the features, missions, authority and organizational structure of the Ministry of National defense;

At the request of the Chief of General staff;

Minister of National defense promulgates the Circular on the eligibility for flight; the eligibility and procedure for licensing of the entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics and equipment of unmanned aerial vehicles and ultralight aircraft; and of the operators of unmanned aerial vehicles and ultralight aircraft.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Circular stipulates the eligibility for flight; the eligibility and procedure for licensing of the entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics and equipment of unmanned aerial vehicles and ultralight aircraft, and of the operators of unmanned aerial vehicles and ultralight aircraft; and the responsibilities of bodies, agencies, organizations and individuals.

Article 2. Regulated entities

1. Vietnamese and foreign agencies, organizations and individuals who design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics and equipment of unmanned aerial vehicles and ultralight aircraft; and the operators of unmanned aerial vehicles and ultralight aircraft.

2. The bodies, agencies, organizations and individuals concerned.

Article 3. Terminology

1. The eligibility for flight consists of parameters and requirements regarding the technical standards of aircraft, avionics and equipment of unmanned aerial vehicles and ultralight aircraft for maintaining safe and secure operations.

2. The eligibility for design, manufacture, repair, maintenance and testing of aircraft, aircraft engines, aircraft propellers, avionics and equipment of unmanned aerial vehicles and ultralight aircraft means the specification of the uses of aerial vehicles, resources, capacities, legal basis, technical design literature and technologies apposite to the satisfaction of the eligibility for flight.

3. The operators of unmanned aerial vehicles and ultralight aircraft are the bodies, organizations and individuals who own or rent, borrow or, under a legitimate mandate, use the unmanned aerial vehicles and ultralight aircraft as per legal regulations.

Chapter 2

THE ELIGIBILITY FOR FLIGHT; THE ELIGIBILITY AND PROCEDURE FOR LICENSING OF THE ENTITIES THAT DESIGN, MANUFACTURE, REPAIR, MAINTAIN AND TEST AIRCRAFT, AIRCRAFT ENGINES, AIRCRAFT PROPELLERS AND EQUIPMENT, AVIONICS OF UNMANNED AERIAL VEHICLES AND ULTRALIGHT AIRCRAFT

Article 4. Eligibility of unmanned aerial vehicles for flight

An unmanned aerial vehicle shall be eligible for flight upon its operator’s provision of full, specific and accurate information on:

1. Characteristics for identification of the unmanned aerial vehicle:

a) Type, marking, color, logo (if available);

b) Shape and A4-sized color photo(s);

c) Origin (place of production, manufacturer, year of production, factory release code, materials);

d) Name, address, and telephone number of the applicant for licensure or flight organization.

2. Fundamental specifications:

a) Wingspan, length, height;

b) Quantity, type and place of production of the engine(s);

c) Type of fuel, fuel tank volume;

d) Maximum takeoff weight;

dd) Flight speed: Maximum flight speed; rate of climb, rate of descent, rate of travel;

e) Maximum flight range;

g) Maximum flight altitude, time to climb to maximum flight altitude, flight time, radius of operation;

h) Takeoff and landing methods;

i) Runway dimensions;

k) Equipment carrying capacity of the aircraft (with the description of the features of the equipment carried); identification code (if available);

l) Aircraft control method and software, type (cluster) of control equipment, control frequency, ground control station (if available);

m) Aviation communication equipment, navigational and flight monitoring equipment (with the description of features);

n) Locator (with the description of features), if available;

o) Type and features of the data transmission equipment, capacity of data transmission, flight data recorder (if available);

p) Description of control and flight methods;

q) Description of in-flight beacons (if available);

r) Means of aircraft transport (if available);

s) Quantity of operating and maneuvering personnel;

t) Operational conditions (requirements for takeoff and landing locations; temperature, humidity, wind speed and relevant content);

u) Purposes of use (specify whether it is used for business, culture, sport, science research, recreation, photography, video recording, reconnaissance, observation and other relevant contents);

v) Other flight features (if available).

Article 5. Eligibility of ultralight aircraft for flight

1. A manned airship shall be eligible for flight upon its operator’s provision of full, specific and accurate information on:

a) Characteristics for identification:

- Type, marking, color, logo (if available);

- Shape and A4-sized color photo(s);

- Origin (place of production, manufacturer, year of production, factory release code, materials);

- Name, address, and telephone number of the applicant for licensure or flight organization.

b) Fundamental specifications:

- Maximum altitude in gas-filled condition;

- Width in gas-filled condition;

- Size of the equipment-carrying or passenger-carrying gondola;

- Type of control motor, blower motor, weight of motors;

- Type of fuel (gas) in use, fuel tank volume;

- Maximum weight of the airship;

- Flight speed: Maximum flight speed, rate of climb, rate of descent, rate of travel;

- Maximum flight range;

- Maximum altitude, time for climbing to maximum altitude, maximum flight time, flight radius;

- Description of control and flight methods;

- Equipment-carrying and passenger-carrying capacity (quantity and weight);

- Control method and frequency (if available);

- Aviation communication equipment, navigational and flight monitoring equipment, identification code (if available);

- Locator (with the description of features), if available;

- Type and features of the data transmission equipment, capacity of data transmission, flight data recorder (if available);

- Description of in-flight beacons (if available);

- Quantity of operating and maneuvering personnel;

- Flight conditions (requirements for launch location, anchorage, temperature, wind speed, humidity);

- Logo and advertisements on the airship (if any);

- Anchor or flight altitude;

- Purposes of use (specify whether it is used for business, culture, sport, science research, recreation, photography, video recording, reconnaissance, observation, etc.);

- Other flight features (if available).

2. An unmanned airship shall be eligible for flight upon its operator’s provision of full, specific and accurate information on:

a) Characteristics for identification:

- Type, marking, color, logo (if available);

- Shape and A4-sized color photo(s);

- Origin (place of production, manufacturer, year of production, factory release code, materials);

- Name, address, and telephone number of the applicant for licensure or flight organization.

b) Fundamental specifications:

- Maximum altitude in gas-filled condition;

- Width in gas-filled condition;

- Size of the equipment-carrying gondola;

- Type of control motor, blower motor, weight of motors;

- Type of fuel (gas) in use, fuel tank volume;

- Maximum weight of the airship;

- Flight speed: Maximum flight speed, rate of climb, rate of descent, rate of travel;

- Maximum flight range;

- Maximum altitude, time for climbing to maximum altitude, flight time, flight radius;

- Description of control and flight methods;

- Equipment-carrying capacity (quantity and weight);

- Control method and frequency, identification code (if available);

- Aviation communication equipment, navigational and flight monitoring equipment;

- Locator (with the description of features), if available;

- Type and features of the data transmission equipment, capacity of data transmission (if available);

- Description of in-flight beacons (if available);

- Quantity of operating personnel;

- Flight conditions (requirements for launch location, anchorage, temperature, wind speed, humidity);

- Other flight features (if available).

3. A model aircraft shall be eligible for flight upon its fulfillment of the following standards:

a) Characteristics for identification:

- Type, marking, color, logo (if available);

- Wing shape (of a glider), parachute shape with A4-sized color photo(s);

- Origin (place of production, manufacturer, year of production, factory release code, materials);

- Name, address, and telephone number of the applicant for licensure or flight organization.

b) Fundamental specifications:

- Dimensions (length, width, height);

- Quantity and type of motors (if any);

- Type of motor fuel, fuel tank volume (if available);

- Maximum takeoff weight;

- Flight speed: Maximum flight speed; rate of climb, rate of descent, rate of travel;

- Control method and frequency, flight method;

- Maximum flight range;

- Maximum flight altitude, flight time, radius of operation;

- Takeoff and landing methods;

- Runway dimensions;

- Equipment-carrying, passenger-carrying and item-carrying capacity (quantity and weight);

- Control method, control software, type of control equipment, identification code (if available);

- Aviation communication equipment, navigational and flight monitoring equipment (with the description of features);

- Locator (with the description of features), if available;

- Purposes of use;

- Other flight features (if available).

Article 6. Eligibility of entities for design, manufacture, repair and maintenance of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft

1. Have sufficient documentation and legal papers issued by competent government authorities or registered as per legal regulations.

2. Have personnel specialized in aviation engineering and apposite to the design, manufacture, repair and maintenance of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft.

3. Possess the equipment, vehicles, workshops, yards and materials apposite to the activities of design and production.

4. Provide evidences on the suitability of the designs of aircraft and equipment on unmanned aerial vehicles and ultralight aircraft to the flight eligibility of aircraft and aerial vehicles.

5. Have the processes of design, manufacture, assembly, testing, maintenance and repair of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft in adherence to the flight eligibility of aircraft and aerial vehicles.

6. Possess certificate(s) of quality and design of unmanned aerial vehicles and ultralight aircraft, and adhere to the requirements for safety, hygiene and environment as per legal regulations.

Article 7. Eligibility of entities for testing of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft

1. Have sufficient equipment and apparatus to test aircraft, avionics of unmanned aerial vehicles and ultralight aircraft.

2. Possess complete documents and standard literature on testing procedures for each type of aircraft, aircraft engine, aircraft propeller, equipment of an unmanned aerial vehicle or ultralight aircraft.

3. Have technical personnel apposite and able to conduct tests and assess the results of the tests on aircraft, aircraft engines and avionics of unmanned aerial vehicles and ultralight aircraft.

4. Have testing locations and areas that meet the standards of security, safety and environment as per legal regulations.

Article 8. Procedure for licensing of entities to design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft

1. Authority to license

Department of Warfare shall grant a license upon the approval of the head of General Staff.

2. An application for licensing of an entity to design, manufacture, repair or maintain aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall include:

a) The application form, pursuant to Form No. 01/DDNCP annexed to this Circular, for licensing of the entity to design, manufacture, repair or maintain aircraft, aircraft engines, aircraft propellers or avionics of unmanned aerial vehicles or ultralight aircraft;

b) The business registration certificate or investment license;

c) The list of equipment for production and examination;

d) The list of technical qualifications of the personnel;

dd) The production site layout;

e) The processes of design, building, repair, maintenance, production or examination;

g) The certified copy of the valid identification card (or the passport) of the head of the entity or the personal identification number (if available).

3. An application for licensing of an entity to test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall include:

a) The application form, pursuant to Form No. 02/DDNCP annexed to this Circular, for licensing of the entity to test aircraft, aircraft engines, aircraft propellers or avionics of unmanned aerial vehicles or ultralight aircraft;

b) The technical literature and the papers on the suitability and legitimacy of the testing equipment;

c) Testing area: Specify the commune, ward or town (hereinafter referred to as the commune); the district, township or provincial city (hereinafter referred to as the district); the province or central-affiliated city (hereinafter referred to as the province); the geographical coordinates (degree-minute-second) as per the VN-2000 coordinate system, the size of the testing area, the testing area layout in correlation with other buildings within 500-meter radius;

d) The valid papers on the ownership or use of the testing area;

dd) The documents on the coordination of local authorities and relevant agencies in the testing area (if flight activities occur).

4. Process of licensing

a) The owner of the entity that designs, manufactures, repairs, maintains or tests aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall be responsible for preparing and submitting 01 application defined in Section 2 or Section 3 of this Article by post to the Department of Warfare - General Staff at the following address:

Department of Warfare - General Staff, at 1 Nguyen Tri Phuong street, Ba Dinh district, Hanoi city; telephone: 069 696108; fax number: 04 37337994.

In 03 working days upon receiving an invalid application, the Department of Warfare shall inform the owner of the entity in writing for the latter to supplement the application as per regulations.

b) Upon receiving a valid application, the Department of Warfare - General Staff shall be responsible for leading and cooperating with relevant agencies in assessing, aggregating and reporting information to the head of General Staff and for granting the license to the owner of the entity that designs, manufactures, tests, repairs or maintains aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft. In addition, the Department of Warfare shall inform the relevant local governmental authority, district-level military command committee, provincial military command and military zone in writing by the following deadlines:

- In 15 days for an application for licensing of an entity to design, manufacture, repair or maintain aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft.

- In 20 days for an application for licensing of an entity to test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft.

If refusing to grant a license, the Department of Warfare shall revert and specify reason(s) in writing.

Article 9. Procedure for replacement or reissuance of licenses for design, manufacture, repair, maintenance and testing of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft

1. Replacement and reissuance

a) A license is replaced when it crumbles, is smeared, is torn or is amended;

b) A license is reissued when it is lost, is revoked or is expired.

2. Application

a) For replacement: The application form, pursuant to Form No. 03/DDNCP annexed to this Circular, filed by the owner of the licensed entity for license replacement; and the license issued;

b) For reissuance: The application form, pursuant to Form No. 03/DDNCP annexed to this Circular; filed by the owner of the licensed entity for license reissuance; and the competent authority’s written confirmation of the loss of the license, or the expired license.

3. Process:

a) In an event defined in Section 1 of this Article, the owner of the entity that designs, manufactures, repairs, maintains or tests aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall be responsible for preparing and submitting 01 application defined in Section 2 of this Article by post to the Department of Warfare - General Staff at the address prescribed in Point a, Section 4, Article 8 herein;

b) In 07 working days upon receiving a valid application, the Department of Warfare shall be responsible for verifying information, replacing or reissuing the license for the owner of the entity that designs, manufactures, repairs, maintains or tests aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft. Department of Warfare shall be responsible for notifying the owner of the entity in writing of the latter's requisite supplementation of the application, if invalid, as per regulations. The time during which the owner of the entity supplements the application shall not be included in the processing time.

Article 10. Revocation of licenses for design, manufacture, repair, maintenance or testing of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft

1. The license of an agency, organization or individual who owns the entity licensed to design, manufacture, repair, maintain or test aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft shall be revoked under the following circumstances:

a) Have been licensed but have designed, manufactured, tested, repaired or maintained aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft whose classification or quality is not relevant to the product type proposed for licensing;

b) Have committed a serious violation of the regulations on environment, safety and security inside and outside the licensed area;

c) Have not notified or have not applied to the relevant communal authority and district-level military command committee or the relevant provincial military command; or have operated at a location not registered for design, manufacture, testing, repair or maintenance of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft;

d) Have been warned or have incurred administrative actions against a violation at least twice but have not rectified or have repeated such violation.

2. Department of Warfare shall be responsible for reporting the agency, organization or individual who owns the entity committing an act of violation defined in Section 1 of this Article to the head of General Staff and for deciding on license revocation.

Chapter 3

OPERATION OF UNMANNED AERIAL VEHICLES AND ULTRALIGHT AIRCRAFT

Article 11. Papers carried during operation

1. The flight permit issued by the Department of Warfare - General Staff.

2. The following written evidences of the legitimacy of the agency, organization or individual that operates unmanned aerial vehicles or ultralight aircraft (hereinafter referred to as the operator):

a) The identification card, or personal identification number (if available) or passport;

b) The business license, the permit for journalism, video recording, photography or tour guidance; or the certificate of aircraft or aerial vehicle control (if available).

3. The following written evidences of the legitimacy of the unmanned aerial vehicles and ultralight aircraft: The written authorization for use, license of import, invoices on purchases of aircraft and aerial vehicles, aircraft insurance policies, registration paper (if available).

4. The operator has to submit the flight area layout and specify the flight tracks nearest to a borderline, flight control method, communications equipment, navigational equipment, locators and carried gears (if any) if operating unmanned aerial vehicles or ultralight aircraft in a space of ten (10) kilometers in width from a national borderline towards the inland areas of Vietnam.

5. If operating unmanned aerial vehicles and ultralight aircraft in the areas adjacent to or inside a national defense zone or a work zone of the bodies of Vietnam Communist Party, the government, the National Assembly, the Ministry of National Defense, Ministry of Public Security, the People’s Committee of a province or central-affiliated city, the operator has to be in possession of a written approval of a competent government authority (responsible for directly managing and protecting the said areas).

6. A foreign organization or individual who operates unmanned aerial vehicles or ultralight aircraft in Vietnam for advertising, tourism, film making, television reportage on Vietnam and its people, or science research shall be in possession the following valid papers: Passport, entry visa, papers on the ownership and registration of aerial vehicles, written guarantee(s) by an agency or organization in Vietnam and permits of competent government authorities.

Article 12. Responsibility for management and exploitation of operating airspace

1. The categories of airspace in which unmanned aerial vehicles and ultralight aircraft fly are defined by:

a) Flight altitude:  Flight altitude less than 50 meters; flight altitude from 50 to less than 200 meters; flight altitude from 200 to less than 500 meters; flight altitude above 500 meters from the natural topography;

b) The airspace of the areas adjacent to an airport where military or civil aviation activities occur (within a radius of 08 km from the boundaries of the airport);

c) The airspace of a shooting gallery;

d) The airspace of a borderline area ten (10) kilometers in width from a national borderline of Vietnam inwards;

dd) The airspace of the areas defined in Section 5, Article 11 herein;

e) The airspace of the territorial waters, islands and archipelagos of Vietnam;

g) The airspace established and approved for testing of unmanned aerial vehicles and ultralight aircraft;

2. Managerial responsibility

a) District-level military command committees shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude below 50 meters;

b) Provincial military commands shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude from 50 to less than 200 meters;

c) The air defense unit of military zones shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude from 200 to less than 500 meters;

d) Local flight management centers of the air force divisions of the Air and Air Defense Force shall directly manage, supervise, forecast, notify and coordinate flight activities that occur at a flight altitude above 500 meters;

dd) The air force unit governing the airport in whose nearby airspace military or civil flight activities occur shall directly manage, supervise and coordinate flight activities;

If the airport only hosts civil flight activities and is not guarded by a battalion or higher unit of the Air and Air Defense Force, the management, supervision, forecasting and notification of the flight activities of unmanned aerial vehicles and ultralight aircraft shall be assigned to the district-level military command committee or the provincial military command (depending on the flight altitude defined in Point a and b, Section 2 of this Article) in cooperation with the local civil air traffic management unit of the airport;

e) The entity managing the shooting gallery in whose airspace flight activities occur at an altitude below 500 meters shall directly manage, coordinate, supervise, forecast and notify flights in cooperation with local agencies related to airspace and flight management;

g) A provincial command of border guard shall directly manage, coordinate, supervise, forecast and notify flights at an altitude below 500 meters in the relevant borderline airspace in cooperation with the local agencies responsible for managing the airspace and flights;

h) A regiment or equivalent or higher military unit that directly defends airspace defined in Section 5, Article 11 herein shall manage, coordinate, supervise, forecast and notify flights at an altitude below 500 meters;

i) A unit that directly defends a territorial water, island or rig of Vietnam shall manage, coordinate, supervise, forecast and notify flights that occur at an altitude below 500 meters in the airspace of such territorial water, island or rig.

The chief commander responsible for an island on which several military units are stationed shall manage, coordinate, supervise, forecast and notify flights in cooperation with local agencies related to airspace and flight management.

3. The establishment of airspace, the licensing of test flight and operation of unmanned aerial vehicles and ultralight aircraft in various areas and at different altitudes, and the assignment of entities to flight management, coordination, supervision, forecasting and notification shall be subject to the nature of the test and operation of unmanned aerial vehicles and ultralight aircraft as defined in the flight permits of the Department of Warfare on the basis of local flight safety and zero impact on national defense and security.

Article 13. Management, coordination, dispatch and supervision of flights

1. Flight management:

a) The management of unmanned aerial vehicles and ultralight aircraft consists of: Flight licensing; coordination of flight forecasting and notification; operation and supervision of flight activities;

b) The management is assigned to: Department of Warfare; Air and Air Defense Force; military zones' air defense unit, Hanoi Capital High Command, Naval Force; provincial military commands, provincial commands of border guard; district-level military command committees; chief commanders of the units stationed at and defending airports, shooting galleries, islands and rigs; commanders of the units defending the work areas of the bodies of Vietnam Communist Party, Government, National Assembly, Ministry of National Defense, Ministry of Public Security, provincial People’s Committees and the areas reserved for national defense and security; border guard stations according to their area-based responsibilities assigned pursuant to Section 2, Article 12 herein.

2. Flight coordination:

a) Operators shall directly coordinate with the entities defined in Section 2 and 3, Article 12 herein;

b) The coordination with the entities defined in Section 2 and 3, Article 12 herein shall be specified in the flight permit that the Department of Warfare issues.

3. Flight dispatch

The dispatch of flight of unmanned aerial vehicles and ultralight aircraft in a permitted area shall be under the direct responsibility and management of the agency, organization or individual applying for flight permit as per legal regulations.

Other circumstances shall be specified in the flight permit that the Department of Warfare issues.

4. Fight supervision

The supervision of flight of unmanned aerial vehicles and ultralight aircraft is to maintain the adherence of airspace management, flight management, coordination, notification and flight dispatch to the regulations, and to maintain flight safety, security, social safety and relevant entities’ benefits.

The supervision of flight of unmanned aerial vehicles and ultralight aircraft is assigned to: Border guard stations; commanders of the units defending the areas defined in Section 5, Article 11 herein; chief commanders of the units stationed at and defending airports, shooting galleries, islands and rigs; district-level military command committees; provincial military commands, provincial commands of border guard; military zones’ air defense unit, Hanoi Capital High Command, Naval Force; military corps, flight management agencies, airspace management unit of the Air and Air Defense Force; Department of Warfare.

Article 14. Penalties against violations

The operators that violate the regulations on flight management, coordination and dispatch shall be subject to administrative actions depending on the nature and degree of their violations pursuant to the Law on actions against administrative violations and guiding documents. Otherwise, they shall be subject to criminal prosecution as per the laws of Vietnam.

Chapter 4

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 15. Responsibilities of functional agencies under the Ministry of National Defense

1. General Staff

Command the Department of Warfare, coordinate with functional agencies and units of the Ministry of National Defense, other ministries, local authorities and relevant bodies, review information and license entities to design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft; manage the operation of unmanned aerial vehicles and ultralight aircraft.

2. Warfare Department - General Staff:

a) Take in applications, cooperate with relevant agencies, assess information and license entities to design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft; issue permits for test flight and for operation of unmanned aerial vehicles and ultralight aircraft upon the approval of the head of General Staff;

b) Lead and cooperate with military bodies, local and relevant agencies in inspecting and supervising the entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft; and the organizations and individuals operating unmanned aerial vehicles and ultralight aircraft;

c) Revoke licenses issued to the entities that design, manufacture, repair, maintenance or testing of aircraft, aircraft engines, aircraft propellers and avionics of unmanned aerial vehicles and ultralight aircraft.

3. Functional agencies of the Ministry of National Defense

General Department of Engineering, Department of Standards - Metrology - Quality, Department of Military Science and relevant bodies of the Ministry of National Defense shall be responsible for cooperating with the Department of Warfare in inspecting and assessing, on requests, the entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft.

Article 16. Responsibilities of relevant bodies

1. Air and Air Defense Force:

a) Command the inferior agencies and units, coordinate and supervise strictly the flight activities of unmanned aerial vehicles and ultralight aircraft within the assigned areas pursuant to Point d and dd, Section 2 and Section 3, Article 12 herein;

b) Take in and manage information regarding flight licensing, forecasting and coordination as per regulations;

c) Cooperate with the Department of Warfare in examining and assessing, on requests, the applications for licensing of the entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft.

2. Military zones, military corps, Hanoi Capital High Command, Naval Force, Border Guard High Command, Maritime Police High Command.

Command the inferior units and agencies, coordinate and supervise strictly the flight activities of unmanned aerial vehicles and ultralight aircraft within their assigned areas; cooperate with local authorities and police units in managing the activities of the local entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft.

3. Provincial military commands:

a) Command the inferior agencies and units, coordinate and supervise strictly the flight activities of unmanned aerial vehicles and ultralight aircraft within the assigned areas;

b) Cooperate with local authorities and police units in managing the activities of the local entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics and operations of unmanned aerial vehicles and ultralight aircraft; penalize the acts of violation of the legislation on national defense and security or of the aviation safety, or the flights that cause harm and damage to the people and assets on the ground as per legal regulations.

4. Provincial commands of border guard:

a) Command the inferior agencies and units to manage flight activities of unmanned aerial vehicles and ultralight aircraft within the assigned areas;

b) Cooperate with local authorities and police units in managing the activities of the local entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft; penalize the acts of violation of the legislation on national defense and security or of the aviation safety, or the flights that cause harm and damage to the people and assets on the ground as per legal regulations;

c) Cooperate with relevant agencies in managing tightly border gates to prevent the unlawful importation and exportation of aircraft and avionics of unmanned aerial vehicles and ultralight aircraft.

5. District-level military command committees:

a) Manage, coordinate and supervise directly the flight activities of unmanned aerial vehicles and ultralight aircraft within the assigned areas;

b) Cooperate with local authorities and police units in managing the activities of the local entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft; penalize the acts of violation of the legislation on national defense and security or of the aviation safety, or the flights that cause harm and damage to the people and assets on the ground as per legal regulations.

Article 17. Responsibilities of relevant agencies, organizations and individuals

1. Carry out the formalities of application for licensing of entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft, and the formalities for licensing of the operation of unmanned aerial vehicles and ultralight aircraft; provide documents defined in Article 8 and Article 11 herein.

2. Adhere strictly to Article 14 on prohibitions under the Government’s Decree No. 36/2008/ND-CP dated March 28, 2008 on the management of unmanned aerial vehicles and ultralight aircraft, and to this Circular.

3. Be subject to the management, inspection and supervision of function agencies with respect to the operation of aircraft and the design, manufacture, repair, maintenance and testing of aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft.

Adhere strictly to the functional agencies’ revocation of licenses of the entities that design, manufacture, repair, maintain and test aircraft, aircraft engines, aircraft propellers, avionics of unmanned aerial vehicles and ultralight aircraft pursuant to Article 10 herein.

Chapter 5

IMPLEMENTATION

Article 18. Effect

This Circular takes effect as of March 30, 2017.

Article 19. Implementation

1. Chief of General Staff, Head of the General Political Department, commanders of the units, agencies and individuals concerned are responsible for implementing this Circular.

2. Obstacles that ensue during the process of implementation shall be reported promptly to the Ministry of National Defense (via the Department of Warfare) for revision and resolution./.