Quyết định 18/2020/QD-TTg

DECISION

ESTABLISHING PROHIBITED AIRSPACE AND FLIGHT RESTRICTION ZONES FOR UNMANNED AERIAL VEHICLES AND ULTRALIGHT AERIAL VEHICLES

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Law on Vietnam Civil Aviation dated June 29, 2006;

Pursuant to the Law on amendments to Law on Vietnam Civil Aviation dated November 21, 2014;

Pursuant to Ordinance on Protection of national defense structures and military zones dated May 19, 1994;

Pursuant to Ordinance on Protection of important structures related to national security dated April 20, 2007;

Pursuant to Decree No. 36/2008/ND-CP dated March 28, 2008 of the Government on management of unmanned aerial vehicles and ultra light aerial vehicles;

Pursuant to Decree No. 32/2016/ND-CP dated May 6, 2016 of the Government on management of airway obstruction altitude and airspace management and protection systems in Vietnam;

At the request of Minister of National Defense;

The Prime Minister promulgates Decision establishing prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles.

Article 1. Scope

This Decision prescribes prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra aerial vehicles within Vietnam’s airspaces and responsibilities of relevant organizations and individuals.

Article 2. Regulated entities

1. This Decision applies to Vietnamese and foreign organizations and individuals whose operations involve management and utilization of unmanned aerial vehicles and ultra light aerial vehicles within Vietnam's airspace.

2. This Decision does not apply to unmanned aerial vehicles and ultra light aerial vehicles used for public affairs.

Article 3. Prohibited airspace

1. In national defense structures and particularly important military zones assigned to Ministry of National Defense by the Government for management and defense.

All unmanned aerial vehicles and ultra light aerial vehicles must be at least 500 m horizontally away from borders of prohibited airspaces.

2. In head offices

In head offices of agencies affiliated to the Communist Party, the Government, National Assembly and central ministries; Central Committee of the Vietnamese Fatherland Front; Communist Party committees, People's Councils and People’s Committees of provinces and central-affiliated cities; diplomatic missions, consular missions and representative agencies of international organizations in Vietnam.

All unmanned aerial vehicles and ultra light aerial vehicles must be at least 200 m horizontally away from borders of prohibited airspaces.

3. In national defense and security zones

Military camps; force and combat gear deployment, combat stand-by, combat training and target secure zones; logistical and technical storage, factories and (central) bases, detention camp and detention houses of forces affiliated to Ministry of National Defense and Ministry of Public Security; structures mentioned under list of important structures for national security.

All unmanned aerial vehicles and ultra light aerial vehicles must be at least 500 m horizontally away from borders of prohibited airspaces.

4. In airports and aerodromes where civil and military aerial vehicles are active.

a) For an aerodrome with a single runway, prohibited airspace shall be limited by a rectangle whose length is determined by stretching each end of the runway by 15,000 m and width is determined to be 5,000 m away from the center of the runway at all altitude;

b) For an aerodrome with 2 runways or more, prohibited airspace shall be limited by a rectangle whose length is determined by stretching whichever end of a runway that is longer than the rest by 15,000 m and width is determined to be 5,000 m away from the center of each runway at all altitude (details in illustrations under Annex attached to this Decision);

c) With respect to airports and aerodromes with less than 6 civil flights per day, permit application of flexible prohibited airspace. However, flights conducted within areas of airports and aerodromes are prohibited; flights conducted 1 hour before and after manned civil aircrafts are active at the airports and aerodromes are prohibited; flights shall only be conducted after receiving consent of military air control and management agencies and air control agencies at respective airports and aerodromes.

5. Areas within permitted airways, contrails and flight corridors within Vietnam’s airspace and airway limit are specified in the Vietnam Aeronautical Information Publication (AIP Vietnam) published by the Civil Aviation Authority of Vietnam.

6. In special cases for national defense and security or at request of ministries and local governments for ensuring flight safety and social order, Ministry of National Defense shall decide to temporarily suspend or prohibit operation of unmanned aerial vehicles and ultra light aerial vehicles in certain areas within Vietnam territory; such decisions shall enter into effect immediately.

Article 4. Flight restriction zone

1. Airspace located at an altitude 120 m above from the terrain (excluding the airspaces specified in Article 3 of this Decision).

2. Crowded areas.

3. Border areas.

a) Land border between Vietnam and China is 25,000 m from the border going inland at all altitude;

b) Land border between Vietnam and Laos, Vietnam and Cambodia is 10,000 m from the border going inland at all altitude.

4. Areas adjacent to prohibited airspace in airports and aerodromes where civil and military aircrafts are active expanding 3,000 m outwards width-wise and 5,000 m length-wise from border of prohibited airspace in airports and aerodromes; at an altitude below 120 m from the terrain (details in illustrations under Annex attached to this Decision)

5. Flight operations of unmanned aerial vehicles and ultra light aerial vehicles in flight restriction zones must meet all requirements of flight licensing authorities.

Article 5. Responsibilities of ministries and local governments

1. Ministry of National Defense

Take charge and cooperate with Ministry of Public Security, Ministry of Transport and relevant ministries, People’s Committees of provinces or central-affiliated cities in identifying and publicizing details of prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles in each province and city and uploading on website of the Ministry of National Defense; regulate management of prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles.

2. Ministry of Public Security

Cooperate with Ministry of National Defense in identifying prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles under management of Ministry of Public Security; develop regulations and implement measures for managing prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles.

3. Ministry of Transport.

Cooperate with Ministry of National Defense in identifying prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles in airports and aerodromes where civil aircrafts are active and areas under management of Ministry of Transport; develop regulations and implement measures for managing prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles.

4. Responsibilities of relevant ministries

Cooperate with Ministry of National Defense in identifying prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles under management of the ministries; develop regulations and implement measures for managing prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles.

5. Responsibilities of People’s Committees at all levels:

Cooperate with Ministry of National Defense and other relevant ministries in identifying prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles under local management and uploading on website of local government; develop regulations and implement measures for managing prohibited airspace and flight restriction zones for unmanned aerial vehicles and ultra light aerial vehicles for People’s Committees of districts, communes, provinces and central-affiliated cities.

Article 6. Funding sources

Funding sources for implementation of tasks as specified in this Decision shall be allocated from annual recurrent expenditure of ministries, central and local government authorities according to applicable regulations on decentralization of state budget.

Article 7. Entry into force

This Decision comes into force from June 10, 2020.

Article 8. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decision./.