Decree 288/2025/ND-CP management of unmanned aircraft and other aerial vehicles

DECREE

Providing the management of unmanned aircraft and other aerial vehicles^[1]

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 49/2024/QH15 on People’s Air Defense;

Pursuant to Law No. 98/2025/QH15 Amending and Supplementing a Number of Articles of Eleven Laws concerning Military and National Defense;

At the proposal of the Minister of National Defense;

The Government promulgates the Decree providing the management of unmanned aircraft and other aerial vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of Clause 5, Article 27; Clause 6, Article 28; Clauses 1 and 2, and Point c, Clause 4, Article 29; Article 30; Clause 1, and Points a, b, c and d, Clause 2, Article 31; Article 32; Article 33; Clause 4, Article 34; and Article 35, of the Law on People’s Air Defense concerning the import, export, temporary import for re-export, temporary export for re-import; research and manufacture, testing, production, repair, maintenance, and trading of aircraft, aircraft engines, aircraft propellers and equipment for unmanned aircraft and other aerial vehicles; conditions for registration, operation and use, provision of registration information; operation and use; training and licensing for the operation of unmanned aircraft and other aerial vehicles.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign agencies, organizations and individuals involved in activities related to unmanned aircraft and other aerial vehicles (below referred to as aerial vehicles) in Vietnam.

Article 3. Interpretation of terms

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

1. Airworthiness standards means the specifications and requirements regarding standards and technical regulations for aircraft and their equipment and devices; and the mandatory requirements for those who directly operate and use aerial vehicles in order to ensure security and safety in operation and use.

2. Aircraft operator means an agency, organization or individual that owns an aerial vehicle, or leases, borrows or is lawfully authorized to operate and use the aerial vehicle in accordance with law (below referred to as the operator).

3. Traditional flight area means a limited space within a fixed area where an aerial vehicle’s flight operations have been licensed by a competent agency for stable and long-term operations.

4. Visual pilot license means a license issued by the Ministry of National Defense to individuals permitted to control aerial vehicles within visual range after they have completed a training program on aviation knowledge.

5. Instrument rating license means a license issued by the Ministry of National Defense to individuals permitted to control aerial vehicles beyond visual range and to control aerial vehicles programmed through a central control unit after they have completed a training program on aviation knowledge and practical aircraft control.

Article 4. Classification of aerial vehicles

1. Classification of unmanned aircraft by takeoff weight:

a/ Type 1: under 0.25 kilograms;

b/ Type 2: from 0.25 kilograms to under 2 kilograms;

c/ Type 3: from 2 kilograms to under 25 kilograms;

d/ Type 4: from 25 kilograms to under 150 kilograms;

dd/ Type 5: 150 kilograms or more.

2. Classification of unmanned aircraft by control method:

a/ Visual flight control;

b/ Instrument rating.

3. Classification of unmanned aircraft by use purpose:

a/ Commercial purposes;

b/ Agricultural production;

c/ Survey, mapping and aerial monitoring;

d/ Recreation and entertainment;

dd/ Scientific research and technological development;

e/ Flight training;

g/ Official duties;

h/ Other purposes.

4. Classification of other aerial vehicles by engine:

a/ With engine;

b/ Without engine.

5. Classification of other aerial vehicles by control method:

a/ With a person directly controlling;

b/ Without a person directly controlling.

6. Classification of specialized aerial vehicles serving national defense and security purposes as prescribed by the Ministry of National Defense and the Ministry of Public Security.

Chapter II

IMPORT, EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, AND TEMPORARY EXPORT FOR RE-IMPORT OF AERIAL VEHICLES; AIRCRAFT ENGINES, AIRCRAFT PROPELLERS AND EQUIPMENT AND DEVICES OF AERIAL VEHICLES

Article 5. Import, export, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles

1. The import, export, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles must comply with the provisions of Vietnam’s law and treaties to which Vietnam is a contracting party.

2. Organizations and individuals exporting, importing, temporarily importing for re-export, or temporarily exporting for re-import aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles must be those not falling into one of the following cases:

a/ Being criminally handled for acts of using aerial vehicles to infringe upon national defense, security; social order and safety, and flight safety;

b/ Having a prior conviction for crimes against national security.

3. Organizations and individuals engaged in the import, export, temporary import for re-export, or temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles shall maintain records and, upon request of military or public security agencies, provide information on aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices imported, exported, temporarily imported for re-export, or temporarily exported for re-import.

Article 6. Competence to issue licenses for the import, export, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. The People’s Committee of a province or centrally run city (below referred to as the provincial-level People’s Committee) may issue licenses for the import, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles (except specialized aerial vehicles serving national defense and security purposes of the Ministry of National Defense or the Ministry of Public Security), after consulting the Ministry of National Defense or the Ministry of Public Security.

2. The Ministry of National Defense shall provide opinions on the conformity with standards and technical regulations of aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles; and on the airworthiness standards for aerial vehicles.

3. The Ministry of Public Security shall provide opinions on the conditions for organizations and individuals applying for licenses for the import, temporary import for re-export, and temporary export for re-import as prescribed in Clause 2, Article 5 of this Decree, and the quantity, use purpose, security and safety of aerial vehicles and equipment and devices constituting the aerial vehicles.

4. The export of aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles may be conducted when organizations and individuals satisfy the law-specified standards and conditions and have been issued a license to produce or a license to trade in aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles as prescribed in this Decree.

Article 7. Dossiers of application for licenses for the import, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. An application for a license made by an organization or individual: 1 original made according to Form No. 01 or Form No. 01a provided in the Appendix to this Decree.

2. A business registration certificate or an investment certificate or a business registration certificate and a certificate of eligibility for trading or a certificate of eligibility for the production of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles: 1 certified copy.

3. An overview image and an image of the symbol and serial number (if any) of the aerial vehicles (in A4-size format).

4. A statement of technical specifications of the aerial vehicles provided by the manufacturer: 1 certified copy.

5. A list of individual equipment and devices constituting the aerial vehicles.

6. Documents or records regarding standards and technical regulations for aerial vehicles, except the case of temporary export for re-import.

7. In the case of consignment import, there must be a written agreement between the consignor and the consignee; and the consignor shall comply with Clause 2, Article 5 of this Decree.

8. In case organizations, individuals or foreigners have integrated information and state management agencies have completed electronic connection and information sharing, the documents specified in Clause 2 of this Article are not required.

Article 8. Order and procedures for issuing licenses for the import, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. Organizations and individuals engaged in the import, temporary import for re-export, or temporary export for re-import shall submit 1 set of dossier specified in Article 7 of this Decree to the provincial-level People’s Committee in person, by post, or through the National Public Service Portal.

2. Within 3 working days from the date of receiving a complete dossier, the provincial-level People’s Committee shall send a consultation request, along with the applicant’s dossier, to the Ministry of National Defense and the Ministry of Public Security.

3. Within 5 working days from the date of receiving the request from the provincial-level People’s Committee, the Ministry of National Defense and the Ministry of Public Security shall send a written response to the provincial-level People’s Committee; within 3 working days, the provincial-level People’s Committee shall, based on the opinions of the Ministry of National Defense and the Ministry of Public Security, decide on the issuance of a license in accordance with regulations, and send information on the issuance of the license to the Ministry of National Defense and the Ministry of Public Security, and update information in the license on the National Public Service Portal; in case of refusal to issue the license, the provincial-level People’s Committee shall issue a written reply, clearly stating the reason.

4. In case the dossier is invalid, within 3 working days, the provincial-level People’s Committee shall request the applicant to complete the dossier; the time for completing the dossier will not be included in the dossier processing time.

Article 9. Revocation of licenses for the import, temporary import for re-export, and temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. Organizations and individuals may have their licenses for the import, temporary import for re-export, or temporary export for re-import of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles revoked in one of the following cases:

a/ Abusing the import, temporary import for re-export, or temporary export for re-import to infringe upon national defense, security, flight safety, or social order and safety;

b/ Providing false information in the dossiers of application for licenses for the import, temporary import for re-export, or temporary export for re-import;

c/ Altering or erasing the content of licenses for the import, temporary import for re-export, or temporary export for re-import;

d/ Being dissolved or declared bankrupt in accordance with law;

dd/ Having one of the documents specified in Clause 2, Article 7 of this Decree revoked by the competent agency.

2. Competence to revoke licenses for the import, temporary import for re-export, and temporary export for re-import:

a/ Provincial-level People’s Committees may revoke licenses for the import, temporary import for re-export, and temporary export for re-import by issuing revocation decisions;

b/ Prior to its effective date, a revocation decision shall be sent to the license holder and the competent agency that approved the import, temporary import for re-export, and temporary export for re-import conditions, and to the customs agency;

c/ Revocation does not apply to licenses already used for shipments that have gone through customs clearance.

Chapter III

RESEARCH AND MANUFACTURE, TESTING, PRODUCTION, REPAIR, AND MAINTENANCE; TRADING OF AERIAL VEHICLES AND EQUIPMENT AND DEVICES OF AERIAL VEHICLES

Article 10. Conditions for issuing certificates of eligibility for facilities researching and manufacturing, testing, producing, repairing, and maintaining aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles; order and procedures for issuing standards and technical regulations for aerial vehicles

1. Conditions for issuing certificates of eligibility for facilities researching and manufacturing, testing, producing, repairing, and maintaining aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles:

a/ Having registered and been licensed in accordance with law;

b/ The facility owner shall comply with the provisions of Clause 2, Article 5 of this Decree;

c/ Having at least 3 employees trained in aviation engineering specialties; those employees in charge of these specialties must possess a college or higher degree;

d/ Having records and documents on technical infrastructure and prototype products (if any) to prove sufficient capacity for research and manufacture, testing, production, repair and maintenance suitable for the type of aerial vehicles;

dd/ Having records and documents showing the research and manufacture, testing, production, repair and maintenance processes for aerial vehicles; workshops, yards, and types of materials suitable for the type of aerial vehicles;

e/ Providing a list of types of aerial vehicles produced, repaired and maintained, along with relevant records and documents in accordance with standards and technical regulations issued by the Ministry of National Defense or in-house standards recognized by the Ministry of National Defense;

g/ Points a, b, c, d and dd of this Clause do not apply to facilities researching and manufacturing, testing, producing, repairing, and maintaining aerial vehicles of the Ministry of National Defense and the Ministry of Public Security.

2. The order and procedures for issuing standards and technical regulations for aerial vehicles must comply with the law on standards and technical regulations.

Article 11. Competence, dossiers, order and procedures for issuing certificates of eligibility for facilities to research, manufacture, test, produce, repair and maintain aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. Competence:

a/ The Ministry of National Defense may issue certificates of eligibility to facilities that research and manufacture, test, produce, repair and maintain aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles when the latter meet the conditions specified in Article 10 of this Decree, after obtaining a written agreement from the Ministry of Public Security, except the facilities managed by the Ministry of National Defense or the Ministry of Public Security.

b/ The Ministry of Public Security shall provide opinions on the conditions for organizations and individuals applying for a certificate of eligibility as specified in Clause 2, Article 5 of this Decree, and on the scale, quantity, use purpose, security and safety of aerial vehicles, aircraft engines, aircraft propellers, and individual equipment and devices constituting the aerial vehicles (if any).

2. A dossier of application for a certificate of eligibility must comprise:

a/ An application made according to Form No. 02 provided in the Appendix to this Decree;

b/ A certificate of registration or licensing as specified by law: 1 certified copy;

c/ A list of aviation-related professional personnel with relevant degrees (or certificates): 1 certified copy;

d/ Records and documents describing the technical infrastructure serving the research and manufacture, testing, production, repair and maintenance of aerial vehicles; aircraft engines, propellers, and equipment and devices of aerial vehicles: 1 certified copy;

dd/ A list of types of aerial vehicles under research and manufacture, testing, production, repair and maintenance, and records and documents on standard conformity and regulation conformity of aerial vehicles (excluding aerial vehicles under research and manufacture or testing);

e/ Lists of technical specifications for each type of aerial vehicles produced, repaired and maintained by the facility; and basic technical specifications for aerial vehicles under research and manufacture or testing: 1 certified copy each;

g/ In case organizations, individuals or foreigners have integrated information and state management agencies have completed electronic connection and information sharing, the documents specified at Point b, Clause 2 of this Article are not required.

3. Order and procedures for issuing certificates of eligibility:

a/ Facilities that wish to research and manufacture, test, produce, repair and maintain aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles shall submit 1 set of dossier specified in Clause 2 of this Article in person, by post or via the National Public Service Portal to the Ministry of National Defense;

b/ Within 3 working days after receiving a complete and valid dossier of application for a certificate of eligibility, the Ministry of National Defense shall send a consultation request, along with the dossier, to the Ministry of Public Security and relevant agencies.

Within 5 working days after receiving the dossier from the Ministry of National Defense, the Ministry of Public Security and relevant agencies shall provide written responses.

c/ Within 7 days from the date of receiving opinions from the Ministry of Public Security and relevant agencies, the Ministry of National Defense shall assume the prime responsibility for, and coordinate with relevant agencies in, appraising the dossier and issuing a certificate of eligibility to the facility for research and manufacture, testing, production, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles. A copy of the certificate shall be sent to the business registration agency or the competent agency that permits the facility to research and manufacture, test, produce, repair and maintain aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles, and to the Ministry of Public Security for coordinated management. If refusing to issue the certificate, the Ministry of National Defense shall issue a written reply, clearly stating the reason.

In case the dossier is invalid, within 3 working days from the date of receipt of the dossier, the Ministry of National Defense shall send a written notice or an email to the facility that wishes to research and manufacture, test, produce, repair and maintain aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles to complete the dossier. The time for completing the dossier will not be included in the dossier processing time.

4. The validity period of a certificate of eligibility for research and manufacture, testing, production, repair and maintenance facilities for aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles is the validity period of the document specified at Point b, Clause 2 of this Article.

Article 12. Renewal and re-issuance of certificates of eligibility for facilities engaged in research and manufacture, testing, production, repair and maintenance of aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. A certificate of eligibility may be renewed in case it is damaged or there is a need to change the information in the certificate; it may be re-granted in case of loss.

2. A dossier of request for renewal or re-issuance of a certificate of eligibility must comprise:

a/ A written request made according to Form No. 03 provided in the Appendix to this Decree;

b/ The granted certificate of eligibility or a report of loss of the certificate of eligibility (in case of request for re-issuance);

c/ Documents proving the changes, in case of change in the contents specified at Points c, d, dd and e, Clause 2, Article 11.

3. Order and procedures for renewal or re-issuance of a certificate of eligibility:

a/ Research and manufacture, testing, production, repair and maintenance facilities for aerial vehicles , aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles shall submit 1 set of the dossier specified in Clause 2 of this Article in person, by post or through the National Public Service Portal to the Ministry of National Defense;

b/ Within 3 working days after receiving a complete and valid dossier, the Ministry of National Defense shall send a consultation request, along with the dossier (in case of changes to the information in the certificate), to the Ministry of Public Security.

Within 3 working days from the date of receipt of the request from the Ministry of National Defense, the Ministry of Public Security shall issue written opinions.

c/ Within 3 working days from the date of receiving the opinions of the Ministry of Public Security, the Ministry of National Defense shall renew or re-issue the certificate of eligibility for the facility researching and manufacturing, testing, producing, repairing and maintaining aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles, and simultaneously send 1 copy of the certificate to the business registration agency and the Ministry of Public Security. If refusing to renew or re-issue the certificate, the Ministry of National Defense shall issue a written reply, clearly stating the reason.

If the dossier is invalid, within 3 working days from the date of receipt of the dossier, the Ministry of National Defense shall send a written notice or an email to the facility, clearly stating the reason, so that the facility can complete the dossier. The time for completing the dossier will not be included in the dossier processing time.

Article 13. Revocation of certificates of eligibility for facilities to research and manufacture, test, produce, repair and maintain aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. A facility that researches and manufactures, tests, produces, repairs and maintains aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles may have its certificate of eligibility revoked in one of the following cases:

a/ Abusing its activities to infringe upon national defense, security, flight safety, or social order and safety;

b/ Providing false information in the dossier of application for a certificate of eligibility;

c/ Terminating operations in the field for which the certificate of eligibility was issued;

d/ Being dissolved or declared bankrupt in accordance with law;

dd/ Having the document specified at Point b, Clause 2, Article 11 of this Decree revoked by a competent agency;

e/ Lending, leasing, buying or selling the certificate of eligibility;

g/ Failing to maintain the conditions specified in Article 10 of this Decree and having been sanctioned for administrative violations but still failing to take remedies within 40 days from the date a competent agency issues a written conclusion that the facility is ineligible.

2. Competence and procedures for revoking a certificate of eligibility:

a/ The Ministry of National Defense may revoke a certificate of eligibility by issuing a revocation decision;

b/ Prior to its effective date, the revocation decision shall be sent to the facility that researches and manufactures, tests, produces, repairs and maintains aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles, and to the competent licensing or registration agency and the Ministry of Public Security.

Article 14. Conditions for establishments trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

Organizations and individuals trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles shall:

1. Comply with the provisions of Clause 2, Article 5 of this Decree.

2. Store records of aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles; and records of organizations and individuals purchasing or leasing aerial vehicles; and provide information about the aerial vehicles and the buyers or lessees upon request from military or public security agencies.

3. For establishments providing aerial-vehicle leasing services or flight services other than those specified in Clauses 1 and 2 of this Article, the aerial vehicles must meet the condition specified in Clause 1, Article 19.

4. The conditions specified in Clauses 1, 2 and 3 of this Article do not apply to facilities managed by the Ministry of National Defense or the Ministry of Public Security.

Article 15. Competence, dossiers and procedures for issuing certificates of eligibility for establishments trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. Competence: The Ministry of National Defense may issue certificates of eligibility to establishments trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles when the latter meet the conditions specified in Article 14 of this Decree.

2. A dossier of application for a license must comprise:

a/ The business establishment owner’s application for a certificate of eligibility to trade in aerial vehicles , made according to Form No. 04 provided in the Appendix to this Decree;

b/ The enterprise registration certificate or investment certificate or business registration license: 1 certified copy;

c/ A list of types of aerial vehicles; and equipment and devices of aerial vehicles;

d/ For Vietnamese citizens residing abroad who hold foreign passports and foreigners engaged in the trading of aerial vehicles; and equipment and devices of aerial vehicles in Vietnam, in addition to the documents specified at Points a, b and c, Clause 2 of this Article, a personnel declaration form accompanied by a certified copy of their passport, permanent residence card or temporary residence card, or visa with unexpired stay in Vietnam is required;

dd/ In case organizations, individuals or foreigners have integrated information and state management agencies have completed the electronic connection and information sharing, the document specified at Point b, Clause 2 of this Article is not required.

3. Order and procedures for issuing a certificate of eligibility

a/ The owner of an establishment engaged in the trading of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of shall submit one set of dossier specified in Clause 2 of this Article to the Ministry of National Defense by hand delivery, by post or through the National Public Service Portal;

b/ Within 3 working days after receiving a complete dossier, the Ministry of National Defense shall send a consultation request, along with the dossier, to the Ministry of Public Security;

c/ Within 5 working days after receiving the request from the Ministry of National Defense, the Ministry of Public Security shall send a reply to the Ministry of National Defense; within 3 working days after receiving the opinions from the Ministry of Public Security, the Ministry of National Defense shall issue the certificate of eligibility to the business establishment and simultaneously send one copy to the Ministry of Public Security for coordinated management; in case of refusal to issue the certificate, the Ministry of National Defense shall respond in writing or via email, stating the reason;

d/ If the dossier is invalid, within 3 working days, the Ministry of National Defense shall request the business establishment owner to complete the dossier; the time for completing the dossier will not be included in the dossier processing time.

4. The validity period of a certificate of eligibility for trading of aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles is the validity period of the document specified at Point b, Clause 2 of this Article.

Article 16. Renewal and re-issuance of certificates of eligibility for establishments trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. Certificates of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles may be renewed in case of damage or changes in the information in the certificates, or expiration.

2. Certificates of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles may be re-issued in case of loss or revocation.

3. The Ministry of National Defense shall, pursuant to Clauses 1 and 2 of this Article, renew and re-issue certificates of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles to business establishments.

4. A dossier of application for renewal of a certificate of eligibility must comprise:

a/ An application for renewal of the certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles, made according to Form No. 05 provided in the Appendix to this Decree;

b/ Valid copies of documents proving changes in the information in the certificate (if any);

c/ The document specified at Point c, Clause 2, Article 15 of this Decree, in case of changes to aerial vehicles and equipment and devices of aerial vehicles;

d/ The original of the granted certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles.

5. A dossier of application for the re-issuance of a certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles must comprise:

a/ An application for the re-issuance of the certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles, made by the business establishment according to Form No. 05 provided in the Appendix to this Decree;

b/ Receipt for payment of fines as specified by law (if any);

c/ Report of loss of the certificate (in case of loss);

d/ A dossier for re-issuance of a certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles after the certificate is revoked under Clause 1, Article 17 of this Decree is the same as that for issuance of a certificate and may be submitted after at least 12 months from the date of issuance of a revocation decision.

6. Order and procedures for renewing or re-issuing a certificate of eligibility

a/ The owner of the facility trading in aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles shall submit 1 set of dossier specified in Clause 4 or 5 of this Article to the Ministry of National Defense;

b/ Within 3 working days after receiving a complete dossier, the Ministry of National Defense shall renew or re-issue a certificate of eligibility to the business establishment; if refusing to renew or re-issue the certificate, the Ministry of National Defense shall respond in writing or via email, stating the reason;

c/ In case of change of the legal representative or changes in aerial vehicles or equipment and devices of aerial vehicles, the Ministry of National Defense shall consult the Ministry of Public Security before renewing the certificate for the business establishment, and simultaneously send 1 copy of the certificate to the Ministry of Public Security for coordinated management;

d/ If the dossier is invalid, within 3 working days, the Ministry of National Defense shall request the business establishment to complete the dossier. The time for completing the dossier will not be included in the dossier processing time.

Article 17. Revocation of certificates of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles

1. Certificates of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles may be revoked in the following cases:

a/ Using forged documents or providing inaccurate information that distorts the nature of documents used to apply for a certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles;

b/ After being issued a certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles, the managing agency conducts a post-licensing inspection and detects that the business establishment fails to meet the conditions specified in this Decree, and the establishment still fails to take remedies within 40 days from the date the competent agency issues a written conclusion that the business establishment fails to meet the conditions;

c/ The business establishment fails to operate after 6 months from the date it is issued the certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles;

d/ The business establishment is dissolved or declared bankrupt in accordance with law;

dd/ The business establishment’s operation is suspended or a competent agency revokes the document specified at Point b, Clause 2, Article 15 of this Decree;

e/ Lending, leasing, buying or selling the certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles;

g/ Abusing the business establishment’s operations to infringe upon national defense, security and flight safety, resulting in a recommendation by the competent agency to revoke the certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles.

2. Competence to revoke a certificate of eligibility for trading in aerial vehicles; aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles:

a/ The Ministry of National Defense may revoke a certificate of eligibility by issuing a revocation decision;

b/ After the revocation, the Ministry of National Defense shall notify it to the business registration agency or the competent agency that permitted the business establishment to operate, and the local public security agency.

Chapter IV

CONDITIONS FOR REGISTRATION; OPERATION AND USE OF AERIAL VEHICLES; PROVISION OF AERIAL VEHICLE REGISTRATION INFORMATION

Article 18. Conditions for registration of aerial vehicles

1. Possessing documents proving lawful ownership of the aerial vehicles, including:

a/ The import license and customs declaration form (for imported aerial vehicles);

b/ Invoices from a unit qualified for trading in aerial vehicles or a competent agency’s decision, or the transfer document or financial documents as prescribed by law.

2. The aerial vehicles must meet the standards and technical regulations issued or recognized by the Ministry of National Defense.

3. Settlement of specific cases:

a/ For an aerial vehicle that was self-assembled or manufactured before the effective date of this Decree; an aerial vehicle that is in the research and manufacture or testing phase, registration or temporary registration may be settled only if: having a producing or  assembling unit, or an organization with legal person status recognized by a competent state agency to conduct testing and evaluation and issue a certificate of technical conditions confirming the aerial vehicle’s operational readiness, and acknowledging the basic information of the aerial vehicle; and providing documents proving lawful ownership of the aerial vehicle or a commitment statement from the owner taking full responsibility before law for the legality of the aerial vehicle;

b/ For an aerial vehicle being registered for the first time in Vietnam, registration may be settled only if there is a written confirmation from the customs agency allowing the import or a unit with legal person status recognized by a competent state agency for the production and assembly of that type of aerial vehicle.

4. This Article does not apply to aerial vehicles of the Ministry of National Defense or the Ministry of Public Security.

Article 19. Conditions for operating and using aerial vehicles

1. Aerial vehicles must have a valid registration certificate or temporary registration certificate.

2. The person directly operating an aerial vehicle must be 18 years of age or older, unless the aerial vehicle has a maximum takeoff weight of below 0.25 kilograms; and must not have alcohol, drugs, sedatives or other prohibited substances in their blood or breath.

3. The person directly operating an aerial vehicle with a maximum takeoff weight of 0.25 kilograms or more must possess a visual pilot license; in case of operating an aerial vehicle with a maximum takeoff weight of 2 kilograms or more, flying beyond visual range, or flying according to a pre-programmed flight plan via a central control unit, a valid instrument rating  license issued by a competent agency or an international certificate recognized by the Ministry of National Defense is required.

4. In case a person simultaneously operates two or more aerial vehicles, in addition to meeting the conditions specified in Clauses 1, 2 and 3 of this Article, he/she must demonstrate that the technology meets the requirements for ensuring flight safety, as shown in the technical specifications of the aerial vehicle operating system; formation flying, letter formation flying, and artistic light shows in the air shall be approved or permitted by a competent state agency.

5. Persons directly operating other aerial vehicles serving sports activities must, in addition to meeting the conditions specified in Clauses 1 and 2 of this Article, meet additional conditions specified by the law on physical training and sports.

6. Foreigners directly operating aerial vehicles in Vietnam must, in addition to meeting the conditions specified in Clauses 1, 2, 3, 4 and 5 of this Article, have a guarantor who is a representative of a Vietnamese agency or organization, or a Vietnamese individual.

7. Grant of flight permits in restricted airspace:

a/ Being applicable only to official flights;

b/ Meeting requirements regarding national defense, security, flight safety, and social order and safety.

Article 20. Provision of aerial vehicle registration information

The Ministry of Public Security shall provide aerial vehicle registration information to the Ministry of National Defense for coordinated management in the following manner:

1. The Public Security agency responsible for aerial vehicle registration shall update and share aerial vehicle registration data on the interconnected database among ministries and sectors to facilitate access and use by competent agencies competent to grant flight permits under the Ministry of National Defense.

2. Functional agencies under the Ministry of Public Security shall provide the information in writing upon request from agencies and units with flight permit-granting functions under the Ministry of National Defense.

Chapter V

OPERATION AND USE OF AERIAL VEHICLES

Article 21. Principles, competence, and coordination of the grant of flight permits; validity period of flight permits

1. Principles

a/ Meeting the requirements of national defense, security, flight safety; social order and safety and public interests; and suiting the capacity of the air traffic management agency;

b/ Unmanned aircraft for recreational purposes with a maximum takeoff weight of below 0.25 kilograms operating outside prohibited and restricted airspaces; and aerial vehicles used for rescue in emergency situations as prescribed by law are exempt from flight permits, but their operation and use shall be notified to the local military and public security agencies and the air traffic control facility in the area if it affects military or civilian flight operations;

c/ Flight permits shall only be issued for specific missions or purposes, events or locations;

d/ Only one flight permit shall be issued for the same flight operation;

dd/ For temporarily registered aerial vehicles, flight permits shall only be issued within a limited geographical area determined by the flight permit-granting agency under Point a, Clause 1 of this Article.

2. Competence to grant flight permits

a/ The Ministry of National Defense may issue flight permits for aerial vehicles operating within Vietnam’s airspace and flight information region, except aerial vehicles of the Ministry of Public Security;

b/ The Ministry of Public Security may issue flight permits for its aerial vehicles, but shall coordinate, forecast, and notify the local military agency of the locality where the flight operation takes place at least 24 hours before the scheduled flight time; for flights on missions in urgent situations, pre-flight notification shall be given to the local military agency for coordinated management;

In case of issuing permits for flights in prohibited or restricted airspace outside the areas managed by the Ministry of Public Security and other areas affecting the flight operations of military aircraft, agreement shall be reached with the provincial-level military agency and the regional air traffic control center under the Air Defense-Air Force Command managing the prohibited or restricted airspace.

3. Coordination in issuing flight permits

a/ When issuing permits for flight operations in prohibited or restricted airspace at airports/aerodromes and other areas affecting the flight operations of civil aviation aircraft, the agency competent to grant flight permits under the Ministry of National Defense or the Ministry of Public Security shall send a request to the Ministry of Construction for agreement before issuing the permits. Within 3 days after receiving the request, the Ministry of Construction shall send a written response to the Ministry of National Defense or the Ministry of Public Security as a basis for responding to the permit applicant.

b/ When issuing flight permits in prohibited or restricted airspace outside the areas specified at Point a, Clause 3 of this Article, depending on the purpose of the flight as well as the flight area, the agency competent to issue flight permits shall consult with relevant military and public security agencies in the area before issuing the permit.

4. Validity period of a single flight permit

a/ The Ministry of National Defense may issue a flight permit for a flight activity for a maximum period of 30 days; for official flights and flights serving agriculture, the maximum period is 180 days; for flights in traditional flight areas, the maximum period is 360 days;

b/ The Ministry of Public Security may issue a flight permit for a flight activity of aerial vehicles of the Ministry of Public Security for a maximum period of 30 days; for flights in traditional flight areas, the maximum period is 360 days.

Article 22. Dossiers and procedures for issuing flight permits

1. A dossier of application for a flight permit must comprise:

a/ An application for a flight permit, made according to Form No. 06 provided in the Appendix to this Decree;

b/ Documents proving the legality of flight operations: written permission or consent/approval from a competent state agency for activities and events subject to licensing or approval from state agencies as prescribed by law. In case foreign organizations or individuals use aerial vehicles in Vietnam, a written guarantee from an agency, organization or individual in Vietnam is required;

c/ The flight area diagram for flight operations along a route or within an area bounded by multiple polygonal points;

d/ For flight operations in prohibited airspace, in addition to the documents specified at Points a, b and c, Clause 1 of this Article, the documents specified at Point a, Clause 7, Article 19 of this Decree are required.

2. Procedures for issuing flight permits:

a/ At least 7 days before the flight date, the operator shall submit 1 set of dossier by hand delivery, by post, or through the National Public Service Portal to one of the competent permit-issuing agencies specified in Clause 2, Article 21 of this Decree;

For flights that affect or restrict operation related to air routes, flight methods, or aerodromes that have been announced and require a Notice to Air Missions (NOTAM), the dossier of application for a flight permit shall be submitted to the competent permit-granting agency at least 12 days before the flight date;

For flights in border airspace, the dossier of application for a flight permit shall be submitted to the competent permit-issuing agency at least 7 days before the required date of notification to the neighboring country as prescribed in the Agreement on the management of land borders between Vietnam and the neighboring country.

b/ Within 5 working days from the date of receiving a complete and valid dossier, the competent agency shall issue a flight permit to the operator. If refusing to issue a flight permit for the whole or part of the requested flight area, the competent agency shall issue a written reply (or via email), clearly stating the reason;

If the dossier is invalid, within 3 working days from the date of receipt of the dossier, the competent agency shall notify the operator in writing (or via email) to complete the dossier; the time for completing the dossier will not be included in the dossier processing time;

c/ The competent agency shall send the granted flight permit to its superior management agency and the military and public security agencies, the air traffic control unit, organizations and individuals involved in the area where the aerial vehicle operates, simultaneously to the agency, organization or individual that is issued the permit;

d/ The deadline for submitting flight permit application dossiers does not apply to flights performing national defense, security or search and rescue missions in emergency situations.

Article 23. Contents of a flight permit

1. Name, address, and telephone number of the operator; the person directly controlling the aircraft.

2. Bases for issuing the flight permit.

3. Type, ex-works serial number, and registration (or temporary registration) number of the aerial vehicle.

4. Flight area: geographical location, restricted operating area (the coordinates of points of a polygon or the center and radius of a circle in WGS-84), flight altitude above the terrain.

5. Purpose, duration and time of flight operation.

6. Regulations on flight forecasting, air traffic coordination notifications; and designation of the agency managing, supervising or controlling the flight.

7. Other security and defense restrictions and regulations.

Article 24. Revocation of flight permits

1. The competent person or agency granting a flight permit may revoke the flight permit for the following reasons:

a/ Security, national defense, and flight safety;

b/ Detection of violations in the process of granting the flight permit.

2. Competence to revoke flight permits:

a/ The Minister of National Defense and the Chief of the General Staff may revoke, or request the revocation of, the whole or part of a flight permit issued by a competent agency in Vietnam’s airspace and flight information region. Other cases falling within the delegated competence of the Ministry of National Defense shall be specified by the Ministry of National Defense.

b/ The Ministry of Public Security may revoke the whole or part of a flight permit issued by a competent agency of the Ministry of Public Security.

3. The person or agency authorized to revoke a flight permit shall notify directly (in emergency cases) or in writing the operator who was issued the flight permit; and simultaneously notify the relevant agency managing the flight area, clearly stating the reason for revoking the flight permit.

4. In case the operator voluntarily cancels a flight operation that has been permitted, he/she shall notify the competent agency that issued the flight permit before the scheduled time of the flight operation.

Article 25. Organization of flight operations

1. Responsibilities of the operator when organizing flight operations:

a/ Documents and records to be carried along include: flight permit issued by a competent agency; certificate of registration or temporary registration of the aerial vehicle; and relevant documents specified in Clauses 2, 3, 4, 5 and 7 of Article 19 of this Decree;

b/ Before organizing a flight, the operator shall coordinate with the relevant agency or unit designated in the flight permit and comply with the instructions of the designated agency;

c/ The organization of control of flight operations for the aerial vehicle shall be carried out by the operator who is issued the flight permit; he/she is responsible for ensuring security and safety during the flight operation. Other cases shall be specified in the flight permit;

d/ Before flying, the person who directly operates the aerial vehicle (pilot) shall check the technical conditions of the aerial vehicle, weather conditions, obstacles, and other hazards to ensure the safety of flight operations, and the safety of people and property in the flight area.

2. Flight coordination

a/ Depending on the flight altitude, flight area and flight purpose, the operator shall notify in writing (or in a suitable form) to the relevant organizations and individuals specified in the flight permit;

b/ The coordination content includes: flight area, flight altitude, flight corridor; flight time (hour, day, month, year); type of the aerial vehicle; flight organization method; flight operation control; relevant information of the operator and the pilot; communication method between the pilot and the flight operations management agency (depending on the nature of the flight operations); and contents to note to ensure safety during flight organization;

c/ Coordination shall be completed at least 24 hours before the flight; for flight operations affecting the operation of civil aircraft, coordination shall be completed at least 7 days in advance; for flight operations in border areas, it is required to comply with the agreement on the management of land borders between Vietnam and the bordering country.

d/ This timeframe does not apply to aerial vehicles performing official duties in urgent situations.

3. Flight forecasting and notification

a/ At least 24 hours before the scheduled flight time for flights with an altitude of 50 meters or more, the provincial-level Military Command shall coordinate with the operator and send (or notify) the flight forecast plan to the relevant Regional Air Traffic Control Center under the Air Defense-Air Force Command;

b/ The Regional Air Traffic Control Center shall receive the flight forecast plan from the provincial-level Military Command; conduct flight forecasts on the system under regulations. If the flight operation mentioned in the forecast is detected to affect or threaten flight safety within the assigned area, the Regional Air Traffic Control Center shall request the flight permit-issuing agency to notify the operator for adjusting the flight plan or cancelling part or the whole of the flight permit before departure.

4. Organization of flight monitoring and management

a/ The military agency in the locality where the flight operation takes place shall assume the prime responsibility for the monitoring and management of the flight operation in coordination with the public security and aviation security forces (for areas adjacent to airports/aerodromes). For flight operations at altitudes higher than 200 meters, the military agency in the locality where the flight operation takes place shall coordinate with the airspace management unit, air traffic control management agency, and air traffic control facility in the area specified in the flight permit;

b/ The flight operation management and monitoring cover: the operator, the aerial vehicle, the flight area limits, flight time, and flight purpose as specified in the flight permit.

5. Suspension of flight operations for aerial vehicles

The management agency has the power to suspend flight operations if the operator falls into one of the following cases:

a/ Flying not in accordance with the contents of the flight permit;

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

c/ The pilot is not qualified to operate the aircraft;

d/ The unmanned aircraft or other aerial vehicles has/have not been registered or has/have been registered improperly;

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

6. Competence to suspend flights of aerial vehicles:

a/ The Minister of National Defense, the Chief of the General Staff of the Vietnam People’s Army, the Commander of the Air Defense-Air Force, the Commander of the Military Region, the Commander of the Hanoi Capital Command, the Commander of the Ho Chi Minh City Command, the Chief Commander of the provincial-level Military Command, and the Chief Commanders of agencies and units responsible for airspace management and flight operation management under the Ministry of National Defense have the power to suspend flights in Vietnam’s airspace and flight information region, and in areas within the management scope of their respective agencies and units, upon detecting the violations specified in Clause 5 of this Article, except aerial vehicles of the Ministry of Public Security that have been notified to the Ministry of National Defense;

b/ The Minister of Public Security and the Commander of a Public Security unit have the power to suspend flights of aerial vehicles licensed by the Public Security agency or flights and aerial vehicles that infringe upon targets protected by the Public Security unit.

7. Procedures for suppressing and temporarily detaining aerial vehicles

a/ During flight operation management, if detecting any violation specified in Clause 1, Article 34 of the Law on People’s Air Defense, the military, public security and aviation security agencies and units shall immediately apply the following suppression measures: forcing an emergency landing or neutralizing the aerial vehicle (if detecting a serious threat to the protected target, the safety of people and other vehicles);

b/ To temporarily detain the aerial vehicle sand its operator;

c/ To prepare a report on the handling of the case or hand over the case to the competent agency for handling in accordance with law;

d/ In case military and public security units are together involved in protecting an area, the unit that detects the violating aerial vehicle first shall immediately implement measures to suppress and temporarily detain the aerial vehicle and notify the other unit in the same area for coordinated handling.

Article 26. Airspace management responsibility

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of Construction in, managing, supervising, forecasting, notifying, and coordinating the flight operations of unmanned aircraft and other aerial vehicles in Vietnam’s airspace and flight information region.

2. The Ministry of Construction shall direct relevant agencies and units to coordinate with agencies and units under the Ministry of National Defense in managing, supervising, and coordinating the flight operations of unmanned aircraft and other aerial vehicles in areas affecting the flight operations of civil aircraft.

3. The Ministry of Public Security shall assume the prime responsibility for the management, supervision, forecasting, notification, and coordination of areas with flight operations of unmanned aircraft and other aerial vehicles under the Ministry of Public Security; and coordinate with agencies and units under the Ministry of National Defense in managing and supervising the activities of unmanned aircraft and other aerial vehicles of other organizations and individuals in areas under the management of the Ministry of Public Security.

Chapter VI

TRAINING, AND ISSUANCE OF PILOT LICENSES

Article 27. Provisions on pilot licenses and training for issuance of licenses

1. Pilot licenses include:

a/ Visual pilot license (Class A) applicable to operators of aerial vehicles with a maximum takeoff weight from 0.25 kilograms to under 2 kilograms, flying within visual sight;

b/ Instrument rating license (Class B) applicable to operators of aerial vehicles with a maximum takeoff weight of 2 kilograms or more, aerial vehicles flying outside visual sight, and aerial vehicles programmed via a central control unit.

2. The validity period of a pilot license is 10 years.

3. Training for issuing pilot licenses shall be conducted by vocational education institutions (below referred to as training institutions) established in accordance with the law on vocational education.

4. Training content for granting pilot licenses:

a/ Aviation knowledge;

b/ Practical aerial-vehicle control.

5. Training duration: As prescribed by the law on vocational education.

6. Training format: A combination of in-person and online instructions.

7. Learners shall submit application dossiers and pay training fees as prescribed by the training institutions.

8. The basic content and program for aviation knowledge and practical aerial-vehicle control training must comply with regulations of the Ministry of National Defense.

9. The Ministry of National Defense shall issue pilot licenses upon request of the training institutions after the learners complete the training content and program.

10. This Article does not apply to training for licensing the operation of specialized aerial vehicles of the Ministry of National Defense and the Ministry of Public Security.

Article 28. Examination and testing for issuance of pilot licenses

1. The examination and testing for issuance of pilot licenses include:

a/ Theoretical examination of aviation knowledge;

b/ Practical examination and testing of aerial vehicle control;

c/ The examination and testing process shall be supervised by the Ministry of National Defense.

2. Provisions on issuance of pilot licenses

a/ Competence: The Ministry of National Defense may issue pilot licenses upon request of training institutions; and recognize foreign diplomas or certificates of equivalent validity as pilot licenses;

b/ Learners shall be issued a visual pilot license (Class-A pilot license) upon completion of the theoretical aviation knowledge training program with examination results meeting the requirements of the training institution;

c/ Learners shall be issued an instrument rating license (Class-B pilot licenses) upon completion of the theoretical aviation knowledge and practical aerial-vehicle control training program, with examination and assessment results meeting the requirements of the training institution;

d/ After the examination and testing, the training institution shall send a written request, along with the applicant’s records, list, examination results, and training completion decision, to the competent agency for issuing pilot licenses under the Ministry of National Defense;

dd/ Within 10 days after receiving the request from the training institution, the agency competent to issue pilot licenses under the Ministry of National Defense shall sign, stamp, and send the pilot licenses to the training institution; the training institution shall send the licenses to the learners.

Article 29. Renewal and re-issuance of pilot licenses

1. Pilot licenses may be renewed in case of damage or expiration; and re-issued in case of loss.

2. The competent agency under the Ministry of National Defense authorized to issue pilot licenses has the competence to renew and re-issue pilot licenses.

3. A dossier of application for renewal of a license must comprise:

a/ An application made according to Form No. 08 provided in the Appendix to this Decree;

b/ The previously issued pilot license.

4. A dossier of application for re-issuance of a license must comprise:

a/ An application made according to Form No. 08 provided in the Appendix to this Decree;

b/ A report of loss of pilot license;

c/ Valid copies of the training institution’s records.

5. Order and procedures for renewal and re-issuance of a license:

a/ A person holding a valid pilot license (below referred to as the licensee) who needs to have his/her license renewed or re-issued shall submit 1 set of dossier specified in Clause 4 of this Article to the competent agency for renewing or re-issuing the license;

b/ Within 7 working days from the date of receiving a complete and valid dossier of application, the competent agency shall renew or re-issue the pilot license to the licensee. If the dossier is invalid, within 3 working days, the competent agency shall notify the licensee in writing (or via email) to guide the latter in completing the dossier.

Chapter VII

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 30. Responsibilities of ministries and ministerial-level agencies

1. The Ministry of National Defense shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Science and Technology, the Ministry of Construction and relevant ministries and agencies in, developing, promulgating, and recognizing sets of standards and technical regulations on aerial vehicles;

b/ Assume the prime responsibility for, and coordinate with the Ministry of Public Security and other ministries, sectors and localities in, conducting inspections and audits, settling complaints and denunciations, and handling violations related to research and manufacture, testing, production, repair, maintenance and trading of aerial vehicles; aircraft engines, aircraft propellers and equipment and devices of aerial vehicles; and the operation and use of aerial vehicles;

c/ Organize decentralization and delegation of competence; research and apply information technology to build an electronic information database system to serve the management and implementation of administrative procedures related to the contents specified in this Decree;

d/ Assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Industry and Trade, and relevant ministries and agencies in, publishing the list of goods related to aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles, along with HS codes, in accordance with the Vietnam Nomenclature of Exports and Imports; propose competent authorities to revise the list of fees for issuing pilot licenses in accordance with law;

dd/ Direct subordinate agencies and units to coordinate with the same-level public security agencies in advising local authorities on establishing airspace areas for the activities of organizations, associations and clubs that own or use aerial vehicles, to facilitate management work.

2. The Ministry of Public Security shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of National Defense, other ministries, sector and localities in, the registration, supervision, inspection, and handling of violations related to the registration, operation, use, and other activities related to aerial vehicles within the Ministry’s jurisdiction;

b/ Review and propose the formulation, amendment and supplementation of legal documents on handling of violations in the field of security and social order and safety related to the registration, operation, use, revocation of pilot licenses and other activities related to aerial vehicles;

c/ Coordinate with the Ministry of Industry and Trade and the Ministry of National Defense in inspecting, reviewing, and requiring declarations from organizations and individuals owning aerial vehicles;

d/ Manage organizations, individuals, associations and clubs owning and using aerial vehicles through declaration and registration in their respective areas;

dd/ Research applying information technology to build a database for registering aerial vehicles; connect electronic databases of ministries and sectors and the public service portal to serve the registration and management of aerial vehicles;

e/ Assume the prime responsibility for, and coordinate with relevant ministries and agencies in, researching and developing an app of license plate technology to enhance the efficiency of management of activities related to aerial vehicles;

g/ Assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant ministries and agencies in, reporting to competent authorities to revising the list of fees related to registration of aerial vehicles in accordance with law;

h/ Organize decentralization and delegation of competence to serve the management and implementation of administrative procedures related to the issues prescribed in this Decree.

3. The Ministry of Construction shall:

a/ Coordinate with the Ministry of National Defense and the Ministry of Public Security in managing the operation and use of aerial vehicles to ensure flight safety;

b/ Coordinate with the Ministry of National Defense and relevant ministries and agencies in developing standards and technical regulations for aerial vehicles and regulations for managing activities related to aerial vehicles.

4. The Ministry of Finance shall:

a/ Coordinate with the Ministry of Public Security and the Ministry of National Defense in reporting to competent authorities on revising the rates and the regime of management and use of charges and fees related to registration of aerial vehicles and grant of pilot licenses in accordance with law;

b/ Coordinate with the Ministry of National Defense in developing and issuing a list of goods that are aerial vehicles, aircraft engines, aircraft propellers and equipment and devices of aerial vehicles, along with HS codes, in accordance with the Vietnam Nomenclature of Exports and Imports.

5. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and agencies in, inspecting the import, export, temporary import for re-export, and temporary export for re-import of aerial vehicles in accordance with law.

6. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and relevant ministries and sectors in, managing associations operating in the field of operation and use of aerial vehicles in accordance with law.

7. The Ministry of Science and Technology shall:

a/ Assume the prime responsibility for, and coordinate with relevant ministries and agencies in, organizing and implementing national-level science and technology activities and tasks on mastering the technology for designing and manufacturing aerial vehicles and aerial vehicle control systems;

b/ Assume the prime responsibility for, and coordinate with relevant ministries and sectors in, managing the use of radio frequencies; the compliance with regulations on conformity certification and conformity declaration for radio transmitters and receivers/transmitters under technical regulations issued by the Ministry of Science and Technology;

c/ Coordinate with the Ministry of National Defense and relevant ministries and agencies in developing sets of standards and technical regulations for aerial vehicles;  and assume the prime responsibility for the appraisal and declaration of national standards for aerial vehicles.

8. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of National Defense and relevant ministries and agencies in, managing training institutions that issue pilot licenses in accordance with law.

9. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, managing standards for physical facilities, equipment, and training of professional staff for training, competition and performance in paragliding, kite flying, and other sports using aerial vehicles in Vietnam in accordance with the law on physical training and sports.

10. Ministries, ministerial-level agencies and government-attached agencies shall:

a/ Promulgate directives and guidelines to functional agencies and units within their assigned sectors and fields to organize the implementation of this Decree;

b/ Disseminate, publicize, and educate about the laws related to the specialized management of aerial vehicles under their management;

c/ Coordinate with the Ministry of National Defense in conducting inspections and audits of compliance with regulations related to management of aerial vehicles within the ambit of their respective functions and tasks;

d/ Propose amendments to improve legal documents related to management of aerial vehicles.

Article 31. Responsibilities of provincial-level People’s Committees

1. To manage the activities of agencies, organizations and individuals involved in the export, import, temporary import for re-export, temporary export for re-import, research and manufacture, testing, production, repair, maintenance and trading of aerial vehicles, aircraft engines, aircraft propellers, and equipment and devices of aerial vehicles; to issue licenses for the establishment of associations and clubs that own and use aerial vehicles within their jurisdiction.

2. To direct relevant agencies to coordinate with military and public security agencies in managing, and handling violations in the field related to, aerial vehicles as specified in this Decree and relevant legal documents.

3. To coordinate with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and agencies in organizing inspections, audits, and settling complaints and denunciations related to activities and areas involving aerial vehicles in the localities within their jurisdiction.

4. To disseminate, publicize, and educate about the law and direct the implementation of this Decree.

Article 32. Responsibilities of agencies, organizations and individuals involved in activities related to aerial vehicles

1. To be responsible before law for the accuracy and truthfulness of information, documents and records submitted to competent agencies.

2. To comply with regulations and fulfill all responsibilities and obligations as prescribed in the Law on People’s Air Defense, the Law on Civil Aviation of Vietnam, the Investment Law, the Law on Foreign Trade Management, the Law on Vocational Education, this Decree, and relevant laws.

3. To provide records and documents as requested by management agencies when these agencies conduct inspections and audits of the implementation of regulations on activities related to aerial vehicles.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 33. Transitional provisions

1. Licenses granted by ministries, ministerial-level agencies, and competent authorities under the ministries, sectors and local authorities to organizations and individuals for the organization of flight operations, import, export, temporary import for re-export, temporary export for re-import; research and manufacture, testing, production, repair, maintenance; and trading of unmanned aircraft and other aerial vehicles as specified in the Government’s Decree No. 36/2008/ND-CP of March 28, 2008, on the management of unmanned aircraft and ultralight aerial vehicles, and other related documents, shall continue to apply according to their content and validity period.

2. The renewal and re-issuance of licenses granted after the effective date of this Decree must with the provisions of this Decree.

Article 34. Effect

1. This Decree takes effect on November 5, 2025.

2. The provisions of Clauses 1 and 3, Article 19 of this Decree will take effect on July 1, 2026.

3. The following articles, clauses and documents cease to be effective on the date this Decree takes effect:

a/ The Government’s Decree No. 36/2008/ND-CP of March 28, 2008, on the management of unmanned aircraft and ultralight aerial vehicles;

b/ Article 1 of the Government’s Decree No. 79/2011/ND-CP of September 5, 2011, amending and supplementing a number of articles of the Government’s Decree No. 36/2008/ND-CP of March 28, 2008, on the management of unmanned aircraft and ultralight aerial vehicles, and amending and supplementing a number of articles of the Government’s Decree No. 58/2010/ND-CP of June 1, 2010, detailing and guiding the implementation of a number of articles of the Law on Militia and Self-Defense Forces;

c/ Clause 4, Article 15, and Clause 3, Article 17, of the Government’s Decree No. 125/2015/ND-CP of December 4, 2015, providing in detail the management of flight operations.

Article 35. Implementation responsibility

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

On behalf of the Government
Prime Minister
PHAM MINH CHINH

* The Appendix to this Decree is not translated.