Decision No. 18/2020/QD-TTg establishment of prohibited areas for unmanned aircraft

DECISION

On establishment of prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 21, 2014 Law Amending and Supplementing a Number of Articles of the Law on Vietnam Civil Aviation;

Pursuant to the May 19, 1994 Ordinance on the Protection of National Defense Works and Military Zones;

Pursuant to the April 20, 2007 Ordinance on the Protection of Important Works Related to National Security;

Pursuant to the Government’s Decree No. 36/2008/ND-CP of March 28, 2008, on the management of unmanned aircraft and ultra-light instruments;

Pursuant to the Government’s Decree No. 32/2016/ND-CP of May 6, 2016, on the management of the elevation of obstacles and battlefields for management and protection of Vietnam’s airspace;

At the proposal of the Minister of National Defense;

The Prime Minister promulgates the Decision on establishment of prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments.

Article 1.Scope of regulation

This Decision prescribes the establishment of prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments in Vietnam’s airspace, and responsibilities of related organizations and individuals.

Article 2.Subjects of application

1. This Decision applies to Vietnamese and foreign organizations and individuals carrying out activities related to the management and operation of unmanned aircraft and ultra-light instruments in Vietnam’s airspace.

2. This Decision does not apply to unmanned aircraft and ultra-light instruments used for official-duty purposes.

Article 3.Prohibited areas

1. National defense works and particularly important military zones of which the management and protection are directed by the Ministry of National Defense as authorized by the Government.

The widthwise distance from operating unmanned aircraft and ultra-light instruments to the boundaries of a prohibited area must be at least 500 meters at all altitudes.

2. Working offices.

Working offices of agencies of the Party, State, National Assembly, Government, ministries, and central departments and sectors; offices of the Vietnam Fatherland Front; working offices of provincial-level Party Committees, People’s Councils and People’s Committees; and offices of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam.

The widthwise distance from operating unmanned aircraft and ultra-light instruments to the boundaries of a prohibited area must be at least 200 meters at all altitudes.

3. Areas serving national defense and security purposes.

Military camps; areas for deploying forces, combat equipment, combat readiness, combat training, and target security; warehouses, factories, logistic and technical bases (centers), prisons, detention camps and custody houses of the forces of the Ministry of National Defense and Ministry of Public Security; and areas with works listed as important works serving national security purposes.

The widthwise distance from operating unmanned aircraft and ultra-light instruments to the boundaries of a prohibited area must be at least 500 meters at all altitudes.

4. Airports and aerodromes where civil and military aircraft are operating.

a/ For aerodromes having a single runway, the prohibited area shall be limited within a rectangle, which is determined from the thresholds of both ends of the runway which are extended lengthwise by 15,000 meters, and from the centerline of the runway which is expanded widthwise by 5,000 meters at all altitudes;

b/ For aerodromes having 2 or more runways, the prohibited area shall be limited by a rectangle, which is determined from the thresholds of the farthest runway according to the take-off and landing directions of aircraft, which are extended outward from both ends of the runway by 15,000 meters and expanded widthwise by 5,000 meters from the centerline of the 2 outer runways at all altitudes (See the illustrations provided in the Appendix to this Decision);

c/ For airports and aerodromes where civil aircraft operate with a frequency of less than 6 civil flights per day, it is allowed to apply a flexible prohibited area provided that there are no flights operating within the boundaries of the airports and aerodromes or no flights operating one hour before or after the period of operation of manned aircraft at the airports or aerodromes. Flights may only operate after being approved by the military flight management authorities and air traffic management authorities at such airports and aerodromes.

5. Areas within the limits of licensed airways, tracks and air corridors in Vietnam’s airspace, and airway limits which are specified in the Aeronautical Information Publication of Vietnam (AIP Vietnam) published by the Civil Aviation Authority of Vietnam.

6. In special cases serving national defense and security purposes or at the request of ministries, sectors or localities for ensuring flight safety and social order and safety, the Ministry of National Defense shall issue decisions to temporarily restrict or prohibit the operation of unmanned aircraft and ultra-light instruments in one or more than one certain area within Vietnam’s territory; such decisions shall take effect immediately.

Article 4.Restricted areas

1. Airspace areas at the altitude exceeding 120 meters above the terrain (excluding the airspace of prohibited areas prescribed in Article 3 of this Decision).

2. Crowded areas.

3. Border areas.

a/ The land border between Vietnam and China, which is 25,000 meters long counting from the borderline to Vietnam’s inland at all altitudes;

b/ The land borders between Vietnam and Laos, and between Vietnam and Cambodia, which are 10,000 meters long from the borderlines to Vietnam’s inland at all altitudes.

4. Areas adjacent to prohibited areas in airports and aerodromes where civil aircraft and military aircraft are operating, which are expanded outward by 3,000 meters widthwise and by 5,000 meters lengthwise from the boundaries of the prohibited areas at the airports and aerodromes; and areas at the altitude of below 120 meters above the terrain (See the illustrations provided in the Appendix to this Decision).

5. The organization of air traffic activities of unmanned aircraft and ultra-light instruments in restricted areas must meet the requirements of flight authorization agencies.

Article 5.Responsibilities of ministries, sectors and localities

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, Ministry of Transport, other related ministries, departments and sectors, and provincial-level People’s Committees in, identifying and announcing detailed information about prohibited areas and restricted areas  for unmanned aircraft and ultra-light instruments in localities, and post such information on the portal of the Ministry of National Defense; and prescribe the management of prohibited areas and restricted areas  for unmanned aircraft and ultra-light instruments.

2. The Ministry of Public Security shall coordinate with the Ministry of National Defense in identifying prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments under the former’s management; and participate in formulating regulations and implementing measures for management of prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments.

3. The Ministry of Transport shall coordinate with the Ministry of National Defense in identifying prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments in airports and aerodromes where civil aircraft are operating, and areas under the former’s management; and participate in formulating regulations and implementing measures for management of prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments.

4. Related ministries, departments and sectors shall coordinate with the Ministry of National Defense in identifying prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments under their management; and participate in formulating regulations and implementing measures for management of prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments.

5. People’s Committees at all levels shall coordinate with the Ministry of National Defense and related ministries, departments and sectors in identifying prohibited areas and restricted areas for unmanned aircraft and ultra-light instruments under management by localities and post information thereabout on portals of local authorities; and implement measures for management of prohibited areas and restricted areas  for unmanned aircraft and ultra-light instruments, for district- and commune-level People’s Committees of provinces and centrally run cities.

Article 6.Funding sources

Funds for performance of the tasks stated in this Decision shall be included in annual regular expenditure estimates of ministries, central agencies and localities under current regulations on state budget management decentralization.

Article 7.Effect

This Decision takes effect on June 10, 2020.

Article 8.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decision is not translated.