Law on People’s Air Defense, No. 49/2024/QH15

LAW ON PEOPLE’S AIR DEFENSE^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on People’s Air Defense.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides principles, tasks, forces and activities of people’s air defense; management of unmanned aircraft and other flying vehicles and assurance of air defense safety; resources, regimes, policies, rights, obligations, and responsibilities of agencies, organizations, enterprises and individuals regarding people’s air defense.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. People’s air defense means activities of the entire people, with local troops, militia and self-defense and reservists serving as the core, together with national air defense, army air defense and other forces, to prepare, prevent, avoid, and fight the enemy, overcome consequences of the enemy’s air intrusions and attacks in defensive zones, and manage and firmly protect the airspace of the Fatherland.

2. People’s air defense posture means a form of organization, deployment, arrangement of people’s air defense forces, means, equipment, works and necessary resources for each locality within defensive zones and nationwide to perform people’s air defense tasks.

3. Air defense obstacles means natural obstacles and man-made works that may affect the management and protection of airspace of air defense battle sites.

4. Air defense battle site means an area where air defense weapons and technical equipment are positioned for performing training, combat readiness and combat tasks to manage and protect airspace.

5. People’s air defense works means construction works, terrains, and natural features that are identified and renovated to serve the purpose of preparing to fight, preventing, avoiding, and fighting the enemy, and overcoming consequences of the enemy’s air intrusions and attacks in defensive zones.

6. Unmanned aircraft means an aerial vehicle the flight of which can be operated and maintained without direct control by a human pilot onboard that vehicle.

7. Other flying vehicles include balloons, flying models, parachutes, kites (except folk kites) and other flying devices, with or without a controlling individual, which are not aircraft or unmanned aircraft.

8. Suppression means the use of impulses, firepower or other measures to interrupt the operation of unmanned aircraft or other flying vehicles, disabling each function of the vehicles or their entire ability to operate.

Article 3. Principles of organizing people’s air defense activities

1. Being placed under the leadership of the Communist Party of Vietnam, the unified state management of the Government, the direction and command of the Minister of National Defense, and the direction and operation of local administrations.

2. Complying with the Constitution and laws of Vietnam, and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Being organized uniformly from the central to local levels; ensuring proactiveness, timeliness, effectiveness, safety, assignment, decentralization, and close coordination between air defense forces and agencies, organizations, enterprises and individuals in people’s air defense activities.

4. Being regularly and continuously prepared right in peacetime and promptly implementing necessary measures under decisions of competent authorities to manage and firmly protect the Fatherland’s airspace.

5. Building the people’s air defense forces and an integrated, widespread, and solid people’s air defense posture; promoting the combined strength of the entire political system and the entire people; closely combining socio-economic development with consolidating and strengthening national defense and security, and building defensive zones.

Article 4. The State’s policies on people’s air defense

1. To ensure State resources and mobilize resources from agencies, organizations, enterprises, and individuals to perform people’s air defense tasks; to prioritize additional budget allocations for key areas of people’s air defense and particularly difficult localities with important strategic positions in terms of defense and security to meet the requirements of managing and protecting the Fatherland’s airspace.

2. To adopt policies and regimes to improve the capacity of the people’s air defense forces; to train human resources, prioritize attracting high-quality human resources for people’s air defense activities; to invest in physical facilities and equipment for the people’s air defense forces.

3. To prioritize investment in science and technology in people’s air defense activities and management of unmanned aircraft and other flying vehicles.

4. To encourage and create conditions for agencies, organizations, enterprises and individuals to support materially, financially and spiritually people’s air defense activities on the principle of voluntariness, non-contravention of Vietnam’s laws and compliance with international law.

Article 5. People’s air defense tasks

1. To train, be ready to combat, combat, prevent and fight the enemy’s air intrusions and attacks, and participate in managing and protecting airspace at altitudes below 5,000 meters.

2. To implement measures to ensure the safety of life and property for agencies, organizations, enterprises and individuals.

3. To serve combat and overcome consequences of the enemy’s air intrusions and attacks.

4. To perform other tasks as specified by law.

Article 6. Key areas of people’s air defense

1. Key areas of people’s air defense means areas where the enemy is likely to concentrate its air attacks, including political, economic, cultural-social, defense, security, foreign affairs centers or places with key national targets, military zones, provinces, centrally run cities, rural and urban districts, towns, provincial cities, municipal cities, and places identified in defensive combat plans at all levels.

2. Key areas of people’s air defense include:

a/ National key areas of people’s air defense;

b/ Provincial-level key areas of people’s air defense;

c/ District-level key areas of people’s air defense.

3. The competence to decide on key areas of people’s air defense is provided as follows:

a/ The Minister of National Defense shall decide on national and provincial-level key areas of people’s air defense;

b/ Chairpersons of provincial-level People’s Committees shall decide on district- level key areas of people’s air defense.

4. The Minister of National Defense shall detail Clause 1 of this Article.

Article 7. Prohibited acts

1. Evading, opposing, obstructing the building, mobilization, operation and implementation of the duty to join the people’s air defense forces as prescribed in this Law.

2. Illegally mobilizing and using people’s air defense forces, weapons, means and works.

3. Taking advantage and abusing the performance of people’s air defense tasks to commit illegal acts, infringe upon the interests of the State, or the lawful rights and interests of agencies, organizations, enterprises and individuals.

4. Providing information, filming, taking photos, measuring, drawing to reveal battlefield targets, combat plans, technical equipment and works.

5. Practicing gender-based discrimination in people’s air defense activities.

6. Illegally making, testing, manufacturing, repairing, maintaining, trading in, importing, exporting, temporarily importing for re-export, temporarily exporting for re-import, possessing, operating and using unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers, and equipment and devices of unmanned aircraft and other flying vehicles.

7. Encroaching, damaging, destroying, or appropriating people’s air defense equipment, facilities and works.

8. Creating obstacles to hinder the management and protection of airspace; reporting, giving false alarms, or illegally suppressing people’s air defense equipment.

9. Using unmanned aircraft or other flying vehicles to illegally carry equipment, weapons, explosives, prohibited substances, goods or to conduct propaganda, incitement, enticement, distortion and sabotage activities against the Party and the State.

10. Other acts that affect people’s air defense activities, flight safety, and air defense safety.

Article 8. State management responsibility regarding people’s air defense and management of unmanned aircraft and other flying vehicles

1. The Government shall perform the unified state management of people’s air defense and unmanned aircraft and other flying vehicles.

2. The Ministry of National Defense shall take responsibility to the Government for performing the state management of people’s air defense, unmanned aircraft and other flying vehicles, and performing other responsibilities specified in this Law.

3. The Ministry of Public Security shall, within the scope of its tasks and powers, coordinate with the Ministry of National Defense in performing the state management of people’s air defense, managing flight activities related to unmanned aircraft and other flying vehicles, and performing other responsibilities prescribed in this Law.

4. Ministries and ministerial-level agencies shall, within the scope of their tasks and powers, coordinate with the Ministry of National Defense and the Ministry of Public Security in performing the state management of people’s air defense and managing unmanned aircraft and other flying vehicles in accordance with this Law and other relevant laws.

5. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of people’s air defense and manage unmanned aircraft and other flying vehicles in their localities.

Chapter II

PEOPLE’S AIR DEFENSE FORCES

Section 1

DIRECTION AND COMMAND OF PEOPLE’S AIR DEFENSE

Article 9. Agencies directing people’s air defense

1. Agencies directing people’s air defense include:

a/ The Government, which shall direct people’s air defense nationwide;

b/ The Ministry of National Defense, which shall assist the Government in directing people’s air defense;

c/ Military Zone Commands, which shall direct people’s air defense in military zones;

d/ People’s Committees at all levels, which shall direct and organize the implementation of people’s air defense in localities.

2. People’s air defense steering committees shall be organized at the central, military region and local levels. People’s air defense steering committees at all levels have the task of advising and assisting the agencies directing the people’s air defense at corresponding levels.

3. The Ministry of National Defense shall act as the standing body of the Central People’s Air Defense Steering Committee; the Military Zone General Staff shall act as the standing body of the Military Zone People’s Air Defense Steering Committee; local military agencies at all levels shall act as the standing bodies of the same-level People’s Air Defense Steering Committees.

4. The Government shall specify positions, functions, tasks, organizational structures and operations of the people’s air defense steering committees at all levels.

Article 10. People’s air defense direction activities

1. Developing and perfecting mechanisms and policies for people’s air defense.

2. Performing people’s air defense tasks and implementing people’s air defense activities.

3. Mobilizing forces and resources to ensure the performance of people’s air defense tasks.

4. Conducting preliminary and final reviews, emulation, reward, supervision and inspection of the performance of people’s air defense tasks.

Article 11. People’s air defense command system

1. The people’s air defense command system consists of:

a/ The Minister of National Defense;

b/ The Chief of the General Staff of the Vietnam People’s Army;

c/ Commanders of military zones, Commander of the Hanoi Capital Command;

d/ Commanders of the Ho Chi Minh City Command and provincial-level military commands;

dd/ Commanders of district-level military commands;

e/ Commanders of military commands in agencies and organizations;

g/ Commanders of commune-level military commands.

2. The Minister of National Defense shall specify the composition and tasks of agencies that advise and assist the people’s air defense commanders at all levels.

Section 2

PEOPLE’S AIR DEFENSE FORCES

Article 12. Forces performing people’s air defense tasks

1. Forces performing people’s air defense tasks include:

a/ Core forces;

b/ Extensive forces.

2. Core forces are forces organized in local military units, militia and self-defense forces and military reserve forces.

3. Extensive forces include:

a/ Mobilized forces, including militia and self-defense forces, reserve soldiers who have not been assigned to any units and forces in agencies, organizations, enterprises, and the masses to participate in training, exercises, drills, combat services, combat, overcoming consequences of the enemy’s air intrusions and attacks, and ensuring air defense safety;

b/ Voluntary forces joined by the masses to serve combat, combat, overcome consequences of the enemy’s air intrusions and attacks, and ensure air defense safety.

Article 13. Organization of the people’s air defense forces

1. The people’s air defense forces shall be organized in accordance with defensive combat plans at all levels and key areas of people’s air defense.

2. In peacetime, the core force shall be organized as follows:

a/ Provincial-level and district-level air defense forces include local troops, air defense militia and self-defense forces, reserve soldiers specializing in air defense, part-time air defense forces of local military agencies and the Border Guard, organized into air defense companies, platoons, and squads; air defense observation stations and towers, teams to shoot down low-flying targets, and teams to suppress unmanned aircraft and other flying vehicles;

b/ The commune-level air defense force, undertaken by the militia, is organized into teams to shoot down low-flying targets and teams to suppress unmanned aircraft and other flying vehicles;

c/ The air defense forces in agencies, organizations and enterprises with a self-defense force, undertaken by their self-defense forces, which shall be organized in accordance with the scale, organization and characteristics of the agencies, organizations and enterprises.

3. In a state of national defense emergency or a state of war, the people’s air defense forces shall be organized as follows:

a/ The core force shall be organized under regulations on organization and staffing of local troops and the militia and self-defense forces in a state of national defense emergency or a state of war;

b/ The extensive force shall be mobilized in accordance with the air defense tasks of each locality.

4. The Minister of National Defense shall detail this Article.

Section 3

MOBILIZATION OF EXTENSIVE FORCES OF PEOPLE’S AIR DEFENSE

Article 14. Period of mobilization of extensive forces

1. In peacetime, the period of mobilization for participation in local people’s air defense training, coaching and exercises or defensive zone exercises must not exceed 7 days a year.

2. In a state of national defense emergency or a state of war, the period of mobilization must comply with relevant regulations of the Minister of National Defense.

Article 15. Age for mobilization of extensive forces

1. The age of participation in the extensive forces in case of mobilization must comply with the Law on Militia and Self-Defense Forces’ provisions on age. For those who voluntarily participate and meet the requirements of their tasks, no age limit is imposed.

2. Chairpersons of commune-level People’s Committees or district-level People’s Committees of localities without commune-level administrative units, and heads of agencies, organizations and enterprises may decide to extend the age of mobilization to join the extensive forces specified in Clause 1 of this Article.

Article 16. Management of extensive forces

1. Based on results of the annual registrations of citizens to perform the obligation to join the militia and self-defense forces and reserve soldiers, competent agencies shall organize the registration and arrangement of extensive forces in accordance with the requirements and tasks of each locality.

2. The competence to manage extensive forces is as follows:

a/ Commune-level People’s Committees or district-level People’s Committees of localities without commune-level administrative units shall manage the extensive forces residing in their localities;

b/ Military commands or self-defense force commands for agencies, organizations and enterprises without a military command shall manage extensive forces in their agencies, organizations or enterprises.

3. For voluntary forces, if they meet requirements, local military agencies at all levels shall consider and utilize them in accordance with the capacity, needs, and tasks of people’s air defense in their localities.

Article 17. Competence and procedures for mobilizing extensive forces

1. Extensive forces shall be mobilized under the people’s air defense plan of each locality, agency, organization or enterprise.

2. The competence and procedures for mobilizing extensive forces are as follows:

a/ Local military agencies, military commands of agencies, organizations, and enterprises or self-defense commands for agencies, organizations and enterprises without a military command shall formulate a mobilization plan and submit it to the chairpersons of the same-level People’s Committees or to the heads of their agencies, organizations or enterprises for approval;

b/ Chairpersons of People’s Committees at all levels shall issue decisions to mobilize people’s air defense forces at the request of local military agencies at the same level. The heads of enterprises shall issue decisions to mobilize people’s air defense forces at the request of military commands or self-defense commands, for enterprises without a military command;

c/ Local military agencies at all levels, military commands or self-defense commands for enterprises without a military command, shall notify decisions to mobilize the people’s air defense forces to each relevant individual in their localities, agencies, organizations or enterprises;

d/ Local military agencies at all levels shall receive, organize and use the mobilized people’s air defense forces according to plans.

Chapter III

PEOPLE’S AIR DEFENSE ACTIVITIES

Article 18. Contents of people’s air defense activities

1. Contents of people’s air defense activities in peacetime include:

a/ Directing and commanding people’s air defense;

b/ Formulating people’s air defense plans;

c/ Building people’s air defense forces and postures;

d/ Carrying out information provision and education activities for, and building typical models of, people’s air defense;

dd/ Providing people’s air defense training;

e/ Organizing people’s air defense coaching, competitions and sports events;

g/ Organizing people’s air defense exercises;

h/ Building people’s air defense works;

i/ Organizing air defense observation stations, watchtowers, notifications and alarms, and readiness to fight the enemy’s air intrusions and attacks;

k/ Managing the operations of unmanned aircraft and other flying vehicles;

l/ Ensuring air defense safety; overcoming consequences of incidents in people’s air defense;

m/ International cooperation on people’s air defense.

2. People’s air defense activities in a state of national defense emergency or a state of war shall be carried out in accordance with Clause 1 of this Article, and include the following activities:

a/ Conducting people’s air defense-related reconnaissance, observation, detection, notification and alarming;

b/ Observing the progress of the enemy’s air attacks;

c/ Camouflaging, feinting, evacuating, dispersing, preventing, avoiding, fighting the enemy’s air intrusions and attacks, surrounding and capturing the enemy’s pilots, and seizing the enemy’s unmanned aircraft and other flying vehicles;

d/ Serving combat, overcoming consequences of the enemy’s air intrusion and attacks.

Article 19. Formulation of people’s air defense plans

1. People’s air defense plans shall be formulated every 5 years and adjusted and supplemented when there is a change in the determination to conduct defensive combat operations or when there is a change in the commander of the people’s air defense force. People’s air defense plans at all levels are as follows:

a/ People’s air defense plans for military zones shall be formulated by the General Staff and submitted to the Commanders of the military zones for approval;

b/ People’s air defense plans for localities shall be formulated by local military agencies in coordination with related agencies and units and submitted to the chairpersons of the same-level People’s Committees for approval;

c/ The people’s air defense plan of an agency, organization, or enterprise with or without a self-defense organization shall be formulated by the military command or by the self-defense commander, respectively, following the guidance of the local military agency, and submitted to the head of the agency, organization or enterprise for approval.

2. The grounds for formulating a people’s air defense plan include:

a/ Guidelines and strategies for building all-people national defense, the people’s war posture, and the defensive zone posture;

b/ Local socio-economic development master plans and plans;

c/ Local determination to conduct defensive combat operations, and orders and instructions from higher commanders;

d/ Terrain, climate, weapons, military equipment, and technical equipment for air defense, air defense works, battle sites, and people’s air defense forces of the localities, agencies, organizations or enterprises;

dd/ Forecasts and assessments of the enemy’s air combat capabilities.

3. Contents of a people’s air defense plan include:

a/ Situation assessment;

b/ People’s air defense tasks;

c/ Purposes of performing people’s air defense tasks;

d/ Tasks of participants;

dd/ Organizing direction and operation; coordination assurance; key time points.

4. The Minister of National Defense shall detail this Article.

Article 20. Building of the people’s air defense posture

1. Local military agencies shall assume the prime responsibility for, and coordinate with related agencies in, determining and proposing the chairpersons of the same-level People’s Committees to decide on building the local people’s air defense posture.

2. Requirements on building the people’s air defense posture include:

a/ The people’s air defense posture must be built right in peacetime;

b/ Ensuring continuity, full coverage, solidity and depth to fight the enemy in all directions, all levels, from far to near;

c/ Being suitable for the local defensive posture.

3. Contents of building the people’s air defense posture include:

a/ Building people’s air defense works;

b/ Formulating and implementing people’s air defense projects and plans ;

c/ Identifying and building evacuation areas, dispersing forces and means at each level in key areas of people’s air defense;

d/ Formulating plans on people’s air defense combat operations, plans to ensure people’s air defense services in defensive areas at all levels;

dd/ Identifying dual-use works to serve people’s air defense tasks when necessary.

Article 21. Information and education about people’s air defense

1. The Party’s guidelines and policies, the State’s policies and laws on people’s air defense shall be disseminated among citizens, who will be equipped with knowledge on people’s air defense in accordance with law.

2. The content of education and training about people’s air defense knowledge shall be included in the subject of national defense and security education in schools, and in the program of training on national defense and security knowledge in accordance with the Law on National Defense and Security Education.

3. Agencies and organizations shall, within the ambit of their assigned functions and tasks, intensify the application of information technology, diversify forms of dissemination, facilitate the people’s access to information to educate them on basic knowledge and raise their awareness about people’s air defense.

Article 22. Training in people’s air defense

1. Core forces shall be trained according to programs for each group in accordance with the requirements of national defense and security tasks and practical conditions of localities, agencies, organizations and enterprises.

2. Extensive forces shall be trained in professional knowledge and skills of people’s air defense under the local people’s air defense operation plans.

3. Agencies, organizations and enterprises shall, within the ambit of their functions and tasks, coordinate and cooperate with local military agencies in providing training in professional knowledge and skills to ensure people’s air defense tasks.

4. The content of professional training in people’s air defense shall be decided by heads of agencies or units that direct and command the people’s air defense.

Article 23. Coaching in people’s air defense

1. The coaching and participation in competitions and sports events of the core people’s air defense force shall be carried out according to the annual orders and directives of the Ministry of National Defense, the Military Zone Commands, and the Hanoi Capital Command for local troops and the militia and self-defense forces.

2. The Minister of National Defense shall specify contents and programs of people’s air defense coaching.

Article 24. People’s air defense exercises

1. People’s air defense exercises are as follows:

a/ Local military agencies at all levels shall advise the same-level People’s Committees to organize people’s air defense exercises or defensive zone exercises involving people’s air defense activities;

b/ Central ministries and branches shall direct their attached agencies and units to coordinate with local military agencies to implement people’s air defense exercises under local plans.

2. People’s air defense exercises include:

a/ Commanding and advising on people’s air defense;

b/ Organizing air defense reconnaissance, notification and alarm;

c/ Organizing camouflage, feinting, evacuation, dispersal and avoidance;

d/ Organizing the fight against the enemy’s air intrusions and attacks;

dd/ Dealing with and suppressing unmanned aircraft and other flying vehicles that violate the provisions of this Law;

e/ Organizing combat services, overcoming consequences of the enemy’s air intrusions and attacks, and capturing pilots.

3. The Minister of National Defense shall promulgate procedures for and contents of people’s air defense exercises.

Article 25. People’s air defense works

1. People’s air defense works include:

a/ Specialized people’s air defense works and dual-use people’s air defense works as specified in the Law on Management and Protection of National Defense Works and Military Zones;

b/ Other works with people’s air defense ulitity.

2. Specialized people’s air defense works include:

a/ Fortification systems, air defense combat sites, and positions to suppress unmanned aircraft and other flying vehicles;

b/ Air defense observation, reconnaissance, notification and alarm stations and watchtowers;

c/ Shelters for evacuation, prevention and avoidance during the enemy’s air intrusions or attacks.

3. The construction of specialized people’s air defense works must follow master plans and plans, associated with provincial- and district-level defense postures; ensuring the combination of socio-economic development with the people’s air defense posture.

4. People’s air defense works must ensure air defense safety under regulations of the Minister of National Defense and the provisions of law on construction of national defense works; people’s air defense works built in border areas must ensure compliance with treaties to which the Socialist Republic of Vietnam is a contracting party.

5. Provincial- and district-level People’s Committees may decide on the construction of specialized people’s air defense works according to their competence or submit it to same-level People’s Councils for decision; in localities where no People’s Council is organized, the People’s Committees shall decide by themselves.

Chairpersons of provincial- and district-level People’s Committees shall decide on locations for evacuation and dispersal of enterprises based in localities under their management. Heads of agencies, organizations and enterprises shall determine areas and plans for evacuation and sheltering of their workers and places for storage of their assets under local people’s air defense plans.

6. In case of necessity or in a state of national defense emergency or war, other works with functions for people’s air defense may be requisitioned in accordance with law for people’s air defense tasks.

7. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Construction and related ministries and sectors in, appraising the construction of people’s air defense works; dual-use works to be ready for requisition for people’s air defense tasks.

Article 26. International cooperation on people’s air defense

1. International cooperation on people’s air defense shall be performed on the principles of compliance with Vietnam’s law as well as treaties to which the Socialist Republic of Vietnam is a contracting party and respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit.

2. Contents of international cooperation on people’s air defense include:

a/ Concluding and implementing treaties and international agreements related to people’s air defense;

b/ Implementing international cooperation programs and projects on people’s air defense;

c/ Training, research, management, application of science and technology on people’s air defense, unmanned aircraft, and other flying vehicles;

d/ Other activities of international cooperation on people’s air defense.

Chapter IV

MANAGEMENT OF UNMANNED AIRCRAFT, OTHER FLYING VEHICLES, AND ASSURANCE OF AIR DEFENSE SAFETY

Section 1

MANAGEMENT OF UNMANNED AIRCRAFT, OTHER FLYING VEHICLES

Article 27. Import, export, temporary import for re-export, temporary export for re-import of unmanned aircraft and other flying vehicles

1. Organizations and individuals licensed to trade in unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other aircraft may import, export, temporarily import for re-export, temporarily export for re-import unmanned aircraft, other aircraft, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft, other flying vehicles.

2. The Ministry of National Defense and the Ministry of Public Security shall grant licenses for import and export of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles serving the defense and security tasks of the Ministry of National Defense and the Ministry of Public Security. The Minister of National Defense and the Minister of Public Security shall, within the ambit of their tasks and powers, detail this Clause.

3. The Ministry of Industry and Trade shall grant licenses for import, temporary import for re-export, temporary export for re-import of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles other than those specified in Clause 2 of this Article after obtaining written consent from the Ministry of National Defense and the Ministry of Public Security.

4. The entrustment of the import of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles may only be carried out when the entrusted party has a license and meets the import conditions before signing the entrustment contract.

5. The Government shall detail Clauses 1, 3 and 4 of this Article.

Article 28. Research, making, testing, manufacturing, repair and maintenance of, and trading in, unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles

1. Organizations and individuals researching, making, testing, manufacturing, repairing, maintaining and trading in unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles in Vietnam must comply with the standards and technical regulations promulgated or recognized by the Minister of National Defense. Unmanned aircraft and other flying vehicles managed by the Ministry of Public Security must comply with the standards and technical regulations promulgated by the Minister of Public Security.

2. Organizations and individuals researching, making, testing, manufacturing, repairing and maintaining unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles must obtain certificates of eligibility for research, making, testing, manufacturing, repair and maintenance facilities issued by the Ministry of National Defense, except for facilities managed by the Ministry of Public Security.

3. The agency granting certificates of eligibility for research, making, testing, manufacturing, repair and maintenance facilities may revoke such certificates when these facilities no longer meet the conditions specified in this Law.

4. Organizations and individuals trading in unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles must satisfy the following conditions:

a/ Possessing a certificate of eligibility for business establishments granted by the Ministry of National Defense, except for establishments managed by the Ministry of Public Security;

b/ Complying with the regulations of conditional investment and business sectors and occupations, and market access sectors and occupations for foreign investors, and ensuring that such conditions are maintained throughout the course of business operation in accordance with law.

5. The placement of orders and assignment of tasks for research, making, testing, manufacturing, repair and maintenance of unmanned aircraft, other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles serving national defense and security tasks must comply with the Law on National Defense and Security Industry and Industrial Mobilization.

6. The Government shall specify the order and procedures for promulgating standards and technical regulations specified in Clause 1 and detail Clauses 2, 3 and 4 of this Article.

Article 29. Registration of unmanned aircraft and other flying vehicles

1. Unmanned aircraft and other flying vehicles shall be registered before being put into operation and use.

2. Registration conditions are as follows:

a/ Meeting the standards and technical regulations issued or recognized by the Ministry of National Defense; having a manufacturer’s certificate of technical standards, for goods manufactured in Vietnam;

b/ For imported unmanned aircraft and other flying vehicles, in addition to the conditions specified at Point a of this Clause, they must obtain complete valid documents as specified by law when imported into Vietnam.

3. Registration contents include:

a/ Grant, renewal and re-grant of the registration certificate;

b/ Temporary registration;

c/ Revocation of the registration certificate.

4. The registration competence is as follows:

a/ Public security offices shall register unmanned aircraft and other flying vehicles of agencies, organizations and individuals under the regulations of the Minister of Public Security, except for the cases specified at Point b of this Clause;

b/ The competence to register unmanned aircraft and other flying vehicles managed by the Ministry of National Defense shall be implemented under the regulations of the Minister of National Defense;

c/ The Ministry of Public Security shall provide information on registration of unmanned aircraft and other flying vehicles to the Ministry of National Defense for coordinated management.

5. The Government shall detail Clauses  1 and 2, and Point c, Clause 4 of this Article.

Article 30. Grant of flight permits for unmanned aircraft and other flying vehicles

1. The grant of flight permits must ensure compatibility with the technical specifications, purposes of use of unmanned aircraft and other flying vehicles, the ability to manage, operate, and monitor flight operations and ensure national defense, security, social order and safety, aviation safety and public interests.

2. The competence to grant flight permits is as follows:

a/ The Ministry of National Defense shall grant flight permits or may delegate this competence to units under its management, except for the cases specified at Point b of this Clause;

b/ The Ministry of Public Security shall grant flight permits or may delegate this competence to units under its management for unmanned aircraft and other flying vehicles of the Ministry of Public Security, and shall notify the Ministry of National Defense for coordinated management. In case of granting flight permits in prohibited or restricted flight areas and other areas that may affect the flight operations of military aircraft, the consent of the Ministry of National Defense is required;

c/ In case the Ministry of National Defense or the Ministry of Public Security grants a flight permit in the area of ​​an airport, airfield or another area that may affect flight operations of civil aircraft, the consent of the Ministry of Transport is required.

3. Unmanned aircraft and other flying vehicles in one of the following cases may be exempted from flight permits:

a/ Operating outside prohibited flight areas, restricted flight areas, operating within normal visual range, with a maximum take-off weight of less than 0.25 kg for entertainment purposes;

b/ Operating in emergency cases to protect the lives and property of organizations and individuals under decisions of competent authorities but must notify such to the flight operations management agency before flying.

4. The Government shall detail this Article.

Article 31. Classification, conditions for operation and use of unmanned aircraft and other flying vehicles

1. Unmanned aircraft and other flying vehicles shall be classified based on technical parameters and purposes of use.

2. Conditions for operation and use are as follows:

a/ Organizations and individuals operating and using unmanned aircraft and other flying vehicles must be granted a flight permit, except cases where they are exempted from a flight permit;

b/ They must forecast, notify, coordinate flights and obtain approval from a state management agency for the operation and use of unmanned aircraft and other flying vehicles;

c/ The person directly controlling an unmanned aircraft or other flying vehicle must be 18 years of age or older, have full civil act capacity and have a suitable flight control license granted by a competent agency or a foreign-granted license recognized by a competent authority granting flight control licenses in Vietnam, except for cases of exemption from flight permit specified at Point a, Clause 3, Article 30 of this Law;

d/ For foreigners directly controlling unmanned aircraft or other flying vehicles in Vietnam, in addition to complying with Points a, b and c of this Clause, there must be a representative of an organization or individual who is a Vietnamese citizen serving as a guarantor as prescribed by law;

d/ The Minister of National Defense and the Minister of Public Security shall specify conditions for persons controlling unmanned aircraft or other flying vehicles specialized in serving defense and security tasks.

3. The Government shall detail Clause 1, and Points a, b, c and d, Clause 2, of this Article.

Article 32. Flight control licenses for unmanned aircraft and other flying vehicles

1. Flight control licenses include:

a/ Flight control licenses for observation by equipment;

b/ Flight control licenses for visual observation.

2. In cases of exemption from a flight permit specified at Point a, Clause 3, Article 30 of this Law, a flight control license is not required.

3. To be granted a flight control license, individuals must be trained in aviation knowledge and practical skills in controlling unmanned aircraft and other flying vehicles.

4. The Government shall detail this Article.

Article 33. Flight suspension for unmanned aircraft and other flying vehicles

1. Flight suspension is imposed in the following cases:

a/ The flight fails to comply with contents of the flight license;

b/ For national defense, security and flight safety reasons;

c/ The operator is not qualified to control the flight;

d/ The unmanned aircraft or other flying vehicle has not yet been registered or has been registered improperly;

dd/ Violating a treaty to which the Socialist Republic of Vietnam is a contracting party.

2. The competence to suspend flights is as follows:

a/ The Minister of National Defense and the Chief of the General Staff of the Vietnam People’s Army may suspend flights of unmanned aircraft and other flying vehicles in the airspace and flight information regions managed by Vietnam, except for unmanned aircraft and other flying vehicles of the Ministry of Public Security that have been notified to the Ministry of National Defenseunder regulations;

b/ The Minister of Public Security may suspend flights of unmanned aircraft and other flying vehicles licensed by the Ministry of Public Security or flying vehicles that violate targets protected by the Ministry of Public Security;

c/ The Commander of the Air Defense - Air Force and the Commanders of the Military Regions may suspend flights of unmanned aircraft and other flying vehicles within the scope of their management, except for unmanned aircraft and other flying vehicles of the Ministry of Public Security operating outside areas and targets managed by the military;

d/ The Commander of the Hanoi Capital Command, the Commander of the Ho Chi Minh City Command, and the Commanders of the provincial-level Military Commands may suspend flights of unmanned aircraft and other flying vehicles within the scope of their management, except for unmanned aircraft and other flying vehicles of the Ministry of Public Security operating outside areas and targets managed by the military forces;

dd/ Commanders of district-level Military Commands, commanders of the Border Guard units in border areas may suspend flights of unmanned aircraft and other flying vehicles within the scope of their management, except for unmanned aircraft and other flying vehicles of the Ministry of Public Security operating outside areas and targets managed by the military forces;

e/ Commanders of the Public Security units may suspend flights of unmanned aircraft and other flying vehicles licensed by the Public Security agencies or flights and other flying vehicles that violate targets protected by the Public Security units under the regulations of the Minister of Public Security.

3. In the same locality, management area or protection target, any force that first detects the acts specified in Clause 1 of this Article may suspend flights in accordance with law.

4. The Government shall detail this Article.

Article 34. Suppression and temporary seizure of unmanned aircraft and other flying vehicles

1. Cases of suppression and temporary seizure of unmanned aircraft and other flying vehicles are as follows:

a/ Flying without a flight permit; flying into prohibited or restricted flight areas without permission; failing to comply with the flight suspension requirements specified in Article 33 of this Law;

b/ Encroaching upon the area of ​​an airport, airfield or an area adjacent to an airport or airfield where civil aircraft or military aircraft operate;

c/ Using unmanned aircraft or other flying vehicles to conduct propaganda against, incite and entice people, and spread distortions to sabotage the Party and the State or to commit other illegal acts;

d/ Using unmanned aircraft or other flying vehicles to carry equipment, weapons, explosives, prohibited substances, or to transport illegal goods;

dd/ Other special cases when there is an order from a competent authority specified in Clause 2 of this Article.

2. The competence to issue orders to suppress or temporarily seize unmanned aircraft or other flying vehicles is as follows:

a/ The Minister of National Defense, the Minister of Public Security, and the Chief of the General Staff of the Vietnam People’s Army are entitled to issue orders to suppress or temporarily seize unmanned aircraft or other flying vehicles in the cases specified in Clause 1 of this Article;

b/ Commanders of military zones, the Commander of the Hanoi Capital Command, the Commander of the Ho Chi Minh City Command, commanders of provincial-level military commands, and commanders of district-level and commune-level military commands are entitled to issue orders to suppress and temporarily seize unmanned aircraft and other flying vehicles in the cases specified in Clause 1 of this Article in areas under their management;

c/ Commanders of aviation security forces and commanders of Border Guard and Coast Guard units are entitled to issue orders to suppress and temporarily seize unmanned aircraft and other flying vehicles in the cases specified in Clause 1 of this Article in areas under their management;

d/ Commanders of Army and Public Security units are entitled to issue orders to suppress and temporarily seize unmanned aircraft and other flying vehicles in the cases specified in Clause 1 of this Article in areas under their management;

dd/ Leaders of teams assigned to suppress unmanned aircraft and other flying vehicles are entitled to issue orders to suppress and temporarily seize other flying vehicles upon detecting them in the cases specified in Clause 1 of this Article.

3. In the same locality, management area or protection target, any force that first detects the acts specified in Clause 1 of this Article is entitled to suppress and temporarily seize unmanned aircraft or other flying vehicles then deliver them to a competent agency for handling in accordance with law.

4. The Government shall specify the order and procedures for suppressing and temporarily seizing unmanned aircraft and other flying vehicles.

Article 35. Forecast, notification, coordination, management and supervision of flight activities

1. Forecast, notification and coordination of flights are as follows:

a/ Organizations and individuals conducting flights for unmanned aircraft and other flying vehicles shall comply with the provisions on forecast, notification and coordination of flights; and take responsibility for information in forecasts, notifications and flight coordination;

b/ The National Flight Operations Management Center, the Regional Flight Operations Management Center under the Air Defense - Air Force Service, and related agencies and units under the Ministry of National Defense shall receive and manage information on the grant of flight permits, forecasts, notifications and flight coordination;

c/ The Ministry of Public Security, when conducting flights for unmanned aircraft or other flying vehicles permitted by the Ministry of Public Security, shall notify the Ministry of National Defense for flight coordination;

d/ The Ministry of National Defense shall provide information on the grant of flight permits, forecasts, notifications and flight coordination in areas and targets managed by the Ministry of Public Security at the request of the Ministry of Public Security.

2. Management, operation and supervision of flight activities are as follows:

a/ The Airspace Management Center and flight management centers under the Air Defense-Air Force shall perform the functions and tasks of the airspace management agency, managing, operating and supervising flight activities of unmanned aircraft and other flying vehicles in Vietnam’s airspace;

b/ Military zones, military agencies at all levels, the Border Guard, and the Vietnam Coast Guard shall manage airspace, supervising flight activities and compliance with regulations on flight organization for unmanned aircraft and other flying vehicles within their management scope;

c/ Public Security units shall, when organizing flight activities for unmanned aircraft and other flying vehicles, operate and supervise their flight activities in accordance with regulations on airspace management and flight management.

3. The Government shall detail this Article.

Section 2

AIR DEFENSE SAFETY ASSURANCE

Article 36. Air defense safety assurance

1. Air defense safety assurance includes measures to maintain combat operations of air defense battle sites while ensuring safety for public and civil works outside the air defense battle sites.

2. Contents of air defense safety assurance include:

a/ Managing and protecting air defense battle sites;

b/ Managing air defense obstacles;

c/ Determining criteria for ensuring air defense safety.

Article 37. Management and protection of air defense battle sites

1. The scope of protection of air defense battle sites must comply with the Law on Management and Protection of National Defense Works and Military Zones.

2. Public and civil works, when constructed and operated, must not limit or affect the effective use of weapons, equipment and technical facilities of the air defense battle sites.

Article 38. Management of air defense obstacles

1. Management of air defense obstacles includes counting, marking, announcing, managing, using airspace and handling obstacles that may affect the effective use of weapons, equipment and technical equipment of air defense battle sites.

2. Local agencies competent to grant construction permits shall comply with the regulations on protection scope and heights of air defense obstacles of air defense battle sites.

3. Public and civil works under construction must comply with the regulations on protection scope and heights of air defense obstacles of air defense battle sites.

4. Organizations and individuals that are investors of public and civil works shall comply with and be subject to inspection and examination by the competent licensing agencies regarding the implementation of regulations on protection scopes, safety belts and heights of air defense obstacles.

5. The Minister of National Defense shall specify obstacle limit surfaces in air defense battle sites; limit areas to ensure the normal operation of air defense observation stations and watchtowers; and obstacles that may affect the effective operation of weapons, equipment and technical equipment of the air defense battle sites.

6. The Government shall specify the scope and heights of air defense obstacles of the air defense battle sites.

Article 39. Criteria for air defense safety assurance

1. Criteria for air defense safety assurance include technical parameters to assess the safety and effectiveness of using weapons, equipment and technical equipment of the air defense battle sites.

2. The Minister of National Defense shall specify criteria for air defense safety assurance for each type of weapon, equipment and technical equipment of air defense battle sites.

Chapter V

RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS, ENTERPRISES AND INDIVIDUALS

Article 40. Rights and obligations of agencies, organizations and enterprises regarding people’s air defense

1. Agencies, organizations and enterprises have the following rights:

a/ To have access to information on people’s air defense issued by competent agencies;

b/ To participate in formulating people’s air defense plans in localities when requested;

c/ To participate in investing in the construction of people’s air defense works;

d/ To be supported and compensated in accordance with law for damage caused by the performance of people’s air defense tasks.

2. Agencies, organizations and enterprises have the following obligations:

a/ To advocate and mobilize people and members of their agencies, organizations and enterprises to comply with the provisions of law on people’s air defense;

b/ To abide by decisions to mobilize forces to perform the people’s air defense task; to comply with instructions and requests of competent agencies in implementing measures to prevent the enemy’s air intrusions and attacks;

c/ To implement local people’s air defense plans, plans to prevent and avoid the enemy’s air intrusions and attacks; to participate in protecting people’s air defense works.

Article 41. Rights and obligations of individuals towards people’s air defense

1. Individuals have the following rights:

a/ To be informed of contents related to the performance of people’s air defense tasks under regulations;

b/ To participate in people’s air defense activities in defensive zone exercises at provincial and district levels and commune-level combat exercises in defensive zones;

c/ To receive wages when mobilized to participate in the performance of people’s air defense tasks under mobilization decisions of competent persons;

d/ During the period of mobilization to perform the people’s air defense tasks, to enjoy all the regimes and policies provided in Article 44 of this Law; after completing mobilization tasks, citizens shall be placed suitable jobs not lower than the positions they held before being mobilized;

dd/ To voluntarily join the people’s air defense forces when permitted by competent authorities; and enjoy the same regimes and policies like mobilized people’s air defense force members.

2. Individuals have the following obligations:

a/ To fully perform the people’s air defense tasks under plans of their localities, agencies, organizations and enterprises;

b/ To strictly comply with decisions on dispatching and mobilizing human resources, materials, means and equipment for the people’s air defense tasks;

c/ To implement instructions and requests of competent agencies and persons in implementing measures to prevent the enemy’s air intrusions and attacks;

d/ To advocate and mobilize families and the masses to comply with the provisions of the law on people’s air defense.

Article 42. Rights and obligations of agencies, organizations, enterprises and individuals in the management of unmanned aircraft and other flying vehicles

1. Agencies, organizations, enterprises and individuals have the following rights:

a/ To request competent authorities to grant certificates or licenses for research, making, testing, manufacturing, repair, maintenance, trading, import, export, temporary import for re-export, temporary export for re-import, operation and use of unmanned aircraft and other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles in accordance with this Law;

b/ To participate in training and fostering knowledge about unmanned aircraft and other flying vehicles; to be granted licenses of eligibility to operate and use unmanned aircraft and other flying vehicles according to the Government’s regulations.

2. Agencies, organizations, enterprises and individuals have the following obligations:

a/ To advocate and mobilize people to comply with the provisions of law on the management of unmanned aircraft and other flying vehicles;

b/ To register unmanned aircraft and other flying vehicles with competent agencies in accordance with law;

c/ To comply with the provisions of law on research, making, testing, manufacturing, repair, maintenance, trading, import, export, temporary import for re-export, temporary export for re-import, operation, and use of unmanned aircraft and other flying vehicles, aircraft engines, aircraft propellers and equipment and devices of unmanned aircraft and other flying vehicles;

d/ To comply with the provisions of law on radio frequencies and data collection and management; to refrain from causing harmful interference to flight safety and operation of radio equipment and systems that are legally operating during the operation and use of unmanned aircraft and other flying vehicles;

dd/ To ensure security and safety in organizing flight activities for unmanned aircraft and other flying vehicles.

Chapter VI

RESOURCES, REGIMES AND POLICIES FOR PEOPLE’S AIR DEFENSE

Article 43. Resources for people’s air defense activities

1. Financial sources for people’s air defense activities include:

a/ State budget funds;

b/ Voluntary contributions of agencies, organizations, enterprises and individuals;

c/ Other lawful financial sources.

2. The state budget shall ensure people’s air defense activities in accordance with the state budget law as follows:

a/ The central budget shall ensure people’s air defense activities at the central level, of military zones and the Hanoi Capital Command;

b/ The local budget shall ensure people’s air defense activities at the local level. Based on the socio-economic conditions of their localities, provincial-level People’s Committee shall submit to the same-level People’s Councils for consideration and decision the expenditure levels for people’s air defense activities which are higher than the general expenditure levels provided by law. Provincial-level and district-level People’s Committees shall submit to the same-level People’s Councils for approval, or approve according to their competence projects and schemes on people’s air defense, management of unmanned aircraft and other flying vehicles, and the budget estimates for people’s air defense activities; for localities where no People’s Council is organized, their People’s Committees shall consider and decide.

3. Organizations and enterprises shall ensure funding for the forces performing people’s air defense tasks under their plans. Enterprises that provide funding for the forces performing people’s air defense tasks in their enterprises or support and sponsor people’s air defense activities may include such funding and support in their deductible expenses when determining taxable incomes for corporate income tax on these expenses.

4. For localities with budget difficulties, the central budget shall support funding to carry out people’s air defense tasks according to the central budget’s balancing capacity.

Article 44. Regimes and policies for people mobilized and participating in people’s air defense activities

1. People salaried by the state budget, when mobilized to perform people’s air defense tasks in localities, agencies and organizations, are entitled to fully receive their current salaries and allowances, and monetary support for food and transportation expenses in accordance with law.

2. People not salaried by the state budget, when mobilized for training, retraining, coaching, exercises and performing people’s air defense tasks under decisions of competent authorities, shall be paid by the State wages per day of mobilization, which are not lower than their current wage levels; for those whose income is unstable, it shall be guaranteed that they will receive amounts not lower than the average income level in the locality and support for food and transportation expenses in accordance with law.

3. During the period of mobilization, training, coaching, exervises and performing people’s air defense tasks, if injured, they shall be considered for enjoying policies applicable to war invalids or those who enjoy policies like war invalids; if they die, they shall be considered for recognition as fallen heroes in accordance with the law on preferential treatment for people with revolutionary contributions. In case of illness, accident or death during the performance of tasks, those who do not participate in social insurance or health insurance are entitled to the regimes and policies under the Government’s regulations.

4. Agencies, organizations, enterprises and individuals participating in people’s air defense activities and recording achievements shall be commended and rewarded; if suffering property damage, they shall be compensated; if their honor and dignity are damaged, they shall be restored; if they are injured, suffer health deterioration or death, they and/or their families are entitled to the regimes and policies provided by law.

5. Owners of assets that used for people’s air defense activities in peacetime shall be compensated for damage. Compensation for asset damage shall be made in accordance with law.

6. The Government shall detail this Article.

Article 45. Assurance of equipment for people’s air defense forces

1. People’s air defense forces shall be equipped with weapons, military equipment and technical means for performing tasks of combat readiness training, airspace management, airspace protection, air defense observation, detection, notification, warning and means to suppress unmanned aircraft and other flying vehicles.

2. The Minister of National Defense shall promulgate the list of equipment for the people’s air defense forces.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 46. To amend and supplement a number of articles of Law No. 66/2006/QH11 on Civil Aviation of Vietnam, which has been amended and supplemented by a number of articles under Law No. 45/2013/QH13, Law No. 61/2014/QH13, Law No. 16/2023/QH15, and Law No. 18/2023/QH15 as follows:

1. To amend and supplement Clause 1, Article 13 as follows:

“1. Aircraft means a device that is supported in the atmosphere by the interaction with the air, including airplanes and helicopters, except for devices that are supported in the atmosphere by the interaction with the air reflected from the earth’s surface.”

2. To amend and supplement Article 21 as follows:

“Article 21. Detailed provisions on airworthiness standards

The Minister of Transport shall prescribe airworthiness standards; procedures for granting and recognizing airworthiness certificates and type certificates; standards and procedures for granting licenses to establishments that design, manufacture, repair, maintain, and test aircraft, aircraft engines, aircraft propellers, and aircraft equipment and devices, except for the cases specified in Articles 28 and 32 of the Law on People’s Air Defense.”

3. To amend and supplement Article 27 as follows:

“Article 27. Detailed provisions on aircraft operations

The Minister of Transport shall prescribe aircraft operations, conditions, procedures, and order for granting aircraft operator certificates and licenses for use of radio equipment on aircraft; and environmental protection requirements for aircraft and aircraft engines, except for the cases specified in Article 31 of the Law on People’s Air Defense.”

4. To amend and supplement Point b, Clause 2, Article 81 as follows:

“b/ The Ministry of National Defense shall grant flight permits for flights of military aircraft of Vietnam and foreign countries conducting civil aviation activities in Vietnam; and for flights conducted outside the airways;”

Article 47. Effect

This Law takes effect on July 1, 2025.

This Law was passed on November 27, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.

Chairman of the National Assembly
TRAN THANH MAN