Decree No. 79/2011/ND-CP dated September 05, 2011 of the Government amending, supplementing some articles of the Decree No. 36/2008/ND-CP dated March 28, 2009 of the Government on management of unmanned aircraft and ultralight aircraft and the Decree No. 58/2010/ND-CP dated June 01, 2010 of the Government detailing and guiding the implementation of some articles of the Law on Militia and Self-Defense Forces

THE GOVERNMENT

Decree No. 79/2011/ND-CP dated September 05, 2011 of the Government amending, supplementing some articles of the Decree No. 36/2008/ND-CP dated March 28, 2009 of the Government on management of unmanned aircraft and ultralight aircraft and the Decree No. 58/2010/ND-CP dated June 01, 2010 of the Government detailing and guiding the implementation of some articles of the Law on Militia and Self-Defense Forces

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Vietnam Civil Aviation dated July 12, 2006;

Pursuant to the Law on Militia and Self-Defense Forces dated November 23, 2009;

At the proposal of the Minister of National Defense,

DECREES:

Article 1. To amend, supplement some articles of the Decree No. 36/2008/ND-CP dated March 28, 2009 of the Government on management of unmanned aircraft and ultralight aircraft.

1. Sub-clause (a), clause 1, Article 9 is amended and supplemented as follows:

“ a) An application for a flight license in Vietnamese and English (made according to a set form attached to this Decree”

2. Clause 2 and 3, Article 9 are amended and supplemented as follows:

“2. At least 07 (seven) days before the planned date of organization of their flights, organizations and individuals shall submit applications for flight licenses to the Operations Bureau of the General Command Post.

3. At least 07 (seven) days before the planned date of organization of their flights, organizations and individuals shall submit applications for modification of flight licenses to the Operations Bureau of the General Command Post.”

3. Clause 1 and 2, Article 15 are amended and supplemented as follows:

“1. Within 05 (five) days after receiving complete dossiers, the Operations Bureau of the General Command Post shall grant licenses for organizing flights.

2. Within 03 (three) days after receiving complete dossiers of application for modification of granted flight licenses, the Operations Bureau of the General Command Post shall grant modified flight licenses.

4. To annul sub-clause (b) and restructure sub-clause (c), (d), clause 1 of Article 9 to sub-clause (b) and (c); to annul Form 1/DNCPB and Form 2/TLKTPTB (issued with the Decree No. 36/2008/ND-CP).

Article 2. To amend, supplement some articles of the Decree No. 58/2010/ND-CP dated June 01, 2010 of the Government detailing and guiding the implementation of some articles of the Law on Militia and Self-Defense Forces.

1. Clause 3, Article 41 is amended and supplemented as follows:

“3. Procedures and dossiers for militiamen and self-defense members who are sick, are dead will be received and reported by commune-level military commands, military commands of grassroots agencies where manage militia and self-defense officers and soliders to the commune-level military commands, submitted to commune-level People’s Committees for considering and making decisions. Term for receiving dossiers from commune-level military commands, commands of grassroots agencies and organizations, heads of agencies, organizations, enterprise owners or legal representatives of enterprise owners (where not having military commands) is 03 (three) days; from commune-level military commands is 05 (five) days; from commune-level People’s Committees is 05 (five) days. The dossier includes:

a) Application forms for allowance of army men or families of army men (if are dead) must have opinions and confirmation seals of commune-level military commands; application forms of militia and self-defense soliders or families of militia and self-defense soliders (if are dead) must have opinions and confirmation seals of military commands; or opinions and confirmation seals of heads of agencies, organizations, enterprise owners or legal representatives of enterprise owners;

b) Document for coming out of hospital, prescription, invoice, test ticket;

c)  Death note or death certificate issued by authorized agencies.”

2. Clause 2, Article 45 is amended and supplemented as follows:

“2.  Procedures, dossiers of accident allowance for militia and self-defense forces who haven’t attended social insurance will be received and reported by commune-level military commands, military commands of grassroots agencies where manage militia and self-defense officers and soliders to the commune-level military commands, submitted to commune-level People’s Committees for considering and making decisions. Term for receiving dossiers from commune-level military commands, commands of grassroots agencies and organizations, heads of agencies, organizations, enterprise owners or legal representatives of enterprise owners (where not having military commands) is 03 (three) days; from commune-level military commands is 05 (five) days; from commune-level People’s Committees is 05 (five) days. The dossier includes:

a) Accident investigation minute made by commune-level military commands, military commands of grassroots agencies, military commands of ministries and central branches or by public security agencies in the case of having accidents on the road. The minute must record all events, injuries, damage level, reasons for accidents, signatures of representatives of militia and self-defense forces. On the case of having accidents on the road, it is compulsory to have confirmation of local authorities where accidents happened;

b) Medical examination minute or copies of examination conclusion for injury rate from authorized agencies in the case of having accidents on the way to or from training places or performing tasks;

c)  Death note or death certificate issued by authorized agencies;

d) Investigation reports of commune-level military commands.”

Article 3. Implementation effect

This Decree takes effect on October 22, 2011.

Article 4. Implementation responsibilities

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

For the Government

Prime Minister

NGUYEN TAN DUNG

Appendix

APPLICATION FORM FOR REQUEST OF FLIGHT AUTHORIZATION

(Issued with the Decree No. 79/2011/ND-CP dated September 05, 2011 of the Government)

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

__________________

APPLICATION FORM FOR REQUEST OF FLIGHT AUTHORIZATION

To: ...........................................................................

Pursuant to Decree No. 36/2008/ND-CP dated 28 March 2008 of the Government on the management of unmanned aircraft and ultra light Instrument, Decree No. XX/2011/ND-CP dated DD/MM/2011 of the Government on Revision and Supplement of Decree No. 36/2008/ND-CP.

1. Applicant

-         Full name: ..............................................................................................................................

-         Address: ..............................................................................................................................

-         Nationality: ..............................................................................................................................

-         Phone, fax: ..............................................................................................................................

Request Department of Operations issue flight authorization for the aircraft or ultra light Instrument below:         

2. Aircrafts or ultra light Instrument:

-         Type of aircraft or ultra light Instrument, call sign: ...................................

-         Manufacturer: ...........................................................................

-         Manufacturer's Serial Number: ...........................................................................

-         Aircraft maximum take - off weight (MTOW): ..........................................

-         Year of Delivery from the Manufacturer: ......................................................

-         Number and Designation of Engines: .................................................................

-         Registration Mark (if possible): ...........................................................................

-         Avionics Equipment, type of communication, Navigation, Surveillance and camera: ...........................................................................  

-         Performance specification, Dimension (width, length, height), Service Ceiling, Max Cruising Speed, Range with Max Fuel (no reserve), Way of Control, Enduration of Flight: ...........................................................................

-         Additional Information, Performance specification and Equipments: ...........................................................................

3. Purpose of flight: ............................................................................       

4. Dimension of Airspace's Area for Flights: .....................................................................

5. Dates and Times for Day requested: ...........................................................................

6. Location or Name of Area of Land/Water for Take Off/Landing: ...........................................................................

7. Flight Chart: ............................................................................     

8. The below reference documents are attached:

-         Photo of Aircraft (dimension 18 x 24 cm).

-          Performance specifications.

-          ...........................................................................

We (I) undertake to realize all Terms in the Flight Authorization, Rules of the Air and Air Traffic Management in Vietnamese Airspace and other stipulations of Vietnam.

I certify that all of the information above and attached to this request is true, correct and complete./.

Date    Month     Year

Applicant

(Signature and stamp)