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Decree 36/2008/nd-Cp: About The Drone Ship Management And Ultra Light Aircraft

Original Language Title: Nghị định 36/2008/NĐ-CP: Về quản lý tàu bay không người lái và các phương tiện bay siêu nhẹ

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The DECREE about the drone ship management and ultra light flying vehicles _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of civil aviation Vietnam on July 12, 2006;
Considering the recommendation of the Minister of national defence, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree drone ship management, the ultra light flying vehicle; operational organization; licensed, operating the aircraft for unmanned aircraft, unmanned flying airships, model aircraft, balloons have the driver but not landing, takeoff from the airport was opened for civil activities.
Article 2. Application object 1. The Organization, Vietnam and foreign individuals in Vietnam (hereinafter referred to as the Organization, individuals) have active import, export, production, and business ship unmanned aerial vehicles and ultralight aircraft.
2. Organizations and individuals using unmanned aircraft, unmanned flying airships, model aircraft, balloons have the controls to perform the flights in the areas of economic, social, cultural, sports and scientific research.
3. State management agencies has issued permits for organizations and individuals to import, export, re-export, import the temporary implementation of the design, manufacture, testing and business ship unmanned aerial vehicles and ultralight aircraft.
4. for unmanned aircraft, ultralight aircraft types in service for security duty, defense is applied according to the regulations of the Defense Ministry.
Article 3. Explanation of terms 1. Unmanned aircraft flying is that the controller, maintain the operation of the flights do not need to have direct control of the pilots, the crew on that flight.
2. Means of ultra light aircraft, including balloons and aircraft models.
a balloon) is the aircraft that the lift was created by the gases contained in its sheath, this gas has a mass of smaller private air. There are two types of balloon: balloon-flying manned;
-Flying unmanned airships, including the air freely or is controlled automatically or be kept tethered at a fixed position on the ground.
b) models, including:-The type of gliders was emulated by stylish shape, the type of aircraft, to be powered by the energy source used battery or liquid, solid or solar power, radio-controlled or established program available;
-The type of aircraft and parachute kite flying with or without the controller, except the kind of kite flying.
3. Allow is text or command by the competent State agencies, defining the conditions and limits the allowed operations of unmanned aircraft, ultralight aircraft.
Article 4. Import, export, production, business aircraft and unmanned vehicles fly ultra light 1. The State authorities have issued permits for organizations and individuals to import, export, re-export, import the temporary implementation of the design, manufacture, test, trading ships and unmanned aerial vehicles fly ultra lightweight only licensed after the opinion of the Ministry of defence and the Ministry of public security. 2. The Organization, individuals wishing to import, export, re-export, import the temporary implementation of the design, manufacture, test, trading ships and unmanned aerial vehicles fly ultra light must have suggested the Ministry of defence and the Ministry of public security approved before the authority decision.
Chapter II ORGANISATION article 5 OPERATIONS. Executive Management, operational monitoring unified Department of Defense Executive Management, monitoring for unmanned aircraft, unmanned flying airships, model aircraft, balloons have the driver but not landing, takeoff from the airport was opened for civil activities. Content management bay consists of: 1. Establish licensing, answer, notice the area hosted the flight operations.
2. Specify the Agency, organization, unit management, monitoring of flight operations.
The regulatory authorities, and direct monitoring of flights specified in each license.
Article 6. Set, active bay area ministries established, active area, the area of flight testing for unmanned aircraft and other means of ultra light aircraft, ensure qualified, does not affect the security, defense and aviation safety.
Article 7. The Aviation Club organization 1. DOD directs Army Defense-air force of the people's Committee in collaboration with the provinces and cities under central, organized the Aviation Club aims to attract organizations and individuals involved in flight operations super light serves the needs of economy, culture, society , sports and education.
2. The statutes of the Organization, operational management of the Aviation Club because the Defense Department regulations, consistent with the legal text on security, defense and executive management in the sky flying Vietnam.
Chapter III the LICENSE, OPERATING the AIRCRAFT article 8. The licensing authority, rejected, suspended flight operations 1. Operations-general licensing, refused to authorize the flight of unmanned aircraft, the type of balloon aircraft controls, the model type, the type of balloon manned but did not take off, landing from the airport was opened for civil activities.
-Contact: mailbox address number 1 Nguyen Tri Phuong, Ba Dinh district, Hanoi City;
-Contact phone number: 069 533200; 069 533105;
-Fax: 04 7337994.
2. The Center for national operations manager, the Executive Center bay area airspace-the air force and air defense agencies in the military districts and military command of the province, central cities are allowed to request the suspension of flight operations in the case provided for in point b paragraph 3 article 12 of this Decree.
Article 9. The recommended procedure for record licensed bay 1. The Organization, individuals when operational organization must license proposal submission. Records suggest that flying license includes the following documents: a Single license proposal) bay (according to the model No. 1/ĐNCPB attached to this Decree);
b) technical documents about the media, including the type of aircraft-type image or media bay and a demonstration of technical features the type of aircraft or aircraft that (according to the model No. 2/TLKTPTB);
c) licence or authorization to legally allow ships, aircraft make takeoff, landing at the airport, the area on the ground, the surface of the water;
d) papers, other documents related to the vessel, the media bay.
2. At the latest 14 days before the expected date, the Organization made the flight, individual organizations license applicant to operations-general staff.
3. At the latest 10 days before the scheduled implementation of the flight, the individual applicant organization proposed revision allows flight to operations-general staff.
4. Department of Defense rules the Organization of reception and settle the licensing application, modify allow of individual institutions, ensure convenient, fast.
Article 10. Allow content the content of the permit to fly include: 1. The name, address, contact telephone number of the Organization, the individual is licensed to fly.
2. Characteristics of ship type type identification, aircraft (including the Appendix includes photo, demonstration of technical features of the ship or aircraft).
3. The area hosted activities, direction, streaks of flying.
4. purpose, duration, time is held.
5. Rules regarding notice of synergistic; specify the monitoring, administration or operations.
6. The limits, security regulations, other defense.
Article 11. The Organization announced synergistic bay 1. Airspace-issued air force oversee the content of the notice, the flying predictions and the regulations require the organizations and individuals who made the flight suspension.
2. organizations and individuals when organizing the flight for unmanned aircraft or ultra light flying vehicle to perform notification, flying predictions.
The Organization, individuals have to take responsibility for the truthfulness, accuracy of the information in the notification, the flying predictions.
3. The Center for national operations manager, the Executive Center bay area airspace-the air force is to receive, manage, license information, forecasts, announce the synergistic bay.
Article 12. Executive Administration and operational monitoring 1. The Center for national operations manager, the Executive Center bay area airspace-the air force's General Executive management bodies the activity of unmanned aircraft and vehicles in the outdoor ultra light flying Vietnam.
2. No agency in the military districts and military command of the province, the city of centrally responsible for surveillance, check the active area, the observance of the regulation about the Organization for unmanned aircraft and other aircraft in the Vietnam sun light.
3. The responsibilities and powers of the Executive Agency and activity monitoring: a) the Organization of synergistic notice;
b) ordered the suspension of the bay if the Organization, individuals exploit drone ships and ultra light aircraft violate the limits, specified in the permit to fly or not fly operations organization is licensed;
c) report issued on measures to handle and overcome the breach of the Regional Manager, airport management;
d) in coordination with the police and local authorities handle the violations of laws on security, aviation safety.
Article 13. The liability of the Organization, the individual when operational organization 1. Procedures for flight permission before organizing the activities.
2. Perform forecasts, announced in advance on the fly according to the regulations.
3. Understand the rules, the content of the Organization, made in heaven Vietnam flight operations.
4. Compliance with the regulations, conditions, limits stated in the permit to fly.
5. Strictly orders the flight suspension and report the results of the Agency's executive management and monitoring of flight operations prescribed in clause 1 and clause 2 article 12 of this Decree.

6. the compensation responsibility according to law if so happens take safety, cause damage to people and property on the ground.
Article 14. Prohibited acts 1. Flight operations organization when no permission to fly.
2. operational organizations is not the correct area, conditions, limits specified. Violating regulations on management of the territory, the country borders.
3. bring carrying radioactive, Flammables, explosives on aircraft or vehicles.
4. Zoom, shoot, drop from the air the type of harmful substances, or contain the risk of harm.
5. Insert the device and perform the filming, taking photographs when not allowed.
6. Hang the flags, banners, loudspeakers broadcast propaganda unit in addition to the provisions of the license.
7. Do not obey these commands, command of the agency executive management and operational monitoring.
Article 15. Licensing time, deny flight operations 1. The 10-day time limit from the date of receiving the application, operations-general staff organization permission to perform the flight.
2. Within a period of 7 days from the date of the application please modify permission was granted, operations-general licensing regulators made the flight.
3. Operations-general staff refused permission to fly in these cases to ensure security, defense, aviation and safety when not yet provide enough information to be specified in the license application content. The refusal to license was answered in writing.
Chapter IV the TERMS OF IMPLEMENTATION of article 16. Handle violation of organizations and individuals violating the provisions of this Decree, depending on the level of offense that sanctioned administratively, revoke the licence or prejudice criminal liability under the law.
Article 17. Effective enforcement of this Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.
Article 18. Implementation 1. The Department of Defense is responsible for implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, organizations and individuals are responsible for the implementation of this Decree.