Is it permissible to fly drones near military zones in Vietnam? What are the fines for flying drones near military zones in Vietnam?

Is it permissible to fly drones near military zones in Vietnam?

Pursuant to Article 14 of the Decree 36/2008/NĐ-CP stipulating prohibited acts as follows:

1. Organizing flight activities without flight licenses.

2. Organizing flight activities neither in permitted flight zones nor under specified conditions or limitations: violating regulations on management of national territory and border.

3. Carrying radioactive substances, flammable or explosive materials onboard aircraft or flying vehicles.

4. Launching, shooting or jettisoning from the air harmful objects or substances or those containing hazards.

5. Mounting aerial equipment and conducting aerial film-shooting or photographing activities without licenses.

6. Flying flags or banners, releasing leaflets or using megaphones for the propaganda purpose not under flight licenses.

7. Failing to obey orders and commands of agencies in charge of administration, management and supervision of flight activities.

Pursuant to Clause 3 Article 3 of the Decision 18/2020/QĐ-TTg stipulating prohibited airspace in Vietnam as follows:

3. In national defense and security zones

Military camps; force and combat gear deployment, combat stand-by, combat training and target secure zones; logistical and technical storage, factories and (central) bases, detention camp and detention houses of forces affiliated to Ministry of National Defense and Ministry of Public Security; structures mentioned under list of important structures for national security.

All unmanned aerial vehicles and ultra light aerial vehicles must be at least 500 m horizontally away from borders of prohibited airspaces.

As regulations above, drones are not permissible to operate near military zones in Vietnam. Controllers of those drones shall be adminstratively fined.

What are the fines for flying drones near military zones in Vietnam?

Pursuant to Clause 2 and 13, Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order in Vietnam as follows: 

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Using alcohol or stimulants in a manner that disrupts public order;

b) Assembling, joining a crowd in a public area in a manner that disrupts public order;

c) Allowing a domestic animal to cause injuries or damage to property of another organization or individual but not liable to criminal prosecution;

d) Flying kites, balloons, playing other flying toys in an area where they are banned or in a protected area;

dd) Using an unmanned aerial vehicle (UAV) or an ultralight aircraft without a flight license, or organizing flights before having the license or after having been registered but the permitted time, location, area, coordinates and limits are not adhered to;

e) Obstructing, harassing another person during handling, transport, storage of luggage at a market, wharf, bus station, airport, port, train station or another public area;

g) Lighting and launching sky lanterns;

h) Failure to have adequate documents while operating an UAV or ultralight aircraft;

i) Organizing flights of an UAV or ultralight aircraft while the operator has not fulfilled flight requirements;

k) Organizing flights of an UAV or ultralight aircraft while the UAV or ultralight aircraft is not flight-qualified;

l) Spraying paint, writing, drawing, sticking images or text on a wall, utility pole or another place in a residential area, public area, apartment building, a citizen's residence or another construction work without permission of a competent authority.

13. Additional penalties:

a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points a, d, dd and g Clause 2; Points dd Clause 3; Points b, e and I Clause 4; Points a, b and c Clause 5; Clauses 6 and 10 of this Article;

b) 3 - 6 months suspension of the license for designing, manufacturing, repairing, maintaining, testing UAVs or ultralight aircrafts, engines, propellers and parts thereof in case of violations specified in Point h and Point I Clause 3 and Clause 9 of this Article ;

c) 3 – 6 months suspension of the flight license in case of violations specified in Clauses 6, 7, 8 and 11 of this Article;

d) Expulsion of foreigners committing the violations specified in Points c, e and g Clause 4 of this Article.

Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows: 

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

As regulations above, individuals, who flies drones near military zones in Vietnam, shall be fined from 1.000.000 VND to 2.000.000 VND. The exhibits and means of administrative violations shall be confisticated.

In addition, if the violator is an organization, the fine shall be from 2.000.000 VND to 4.000.000 VND.

What documents are included in the application for application for drone licenses in Vietnam?

Pursuant to Article 9 of the Decree 36/2008/NĐ-CP (amended by Clause 1 Article 1 of the Decree 79/2011/NĐ-CP) stipulating dossiers and procedures of application for flight licenses in Vietnam as follows:

1. When wishing to organize flight activities, organizations and individuals shall submit dossiers of application for flight licenses. A dossier of application for a flight license comprises:

An application for a flight license in Vietnamese and English (made according to a set form enclosed with this Decree);

b/ Technical documents on flying vehicles, including photos of the type of the aircraft or flying vehicle and a written explanation of technical aviation properties of the aircraft or flying vehicle, made according to a set form (not printed herein);

c/ A license or lawful document of authority permitting the aircraft or flying vehicle to take off from or land on an airfield or a land or water sun ace area:

d/ Other papers and documents related the aircraft or flying vehicle.

2. At least 14 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 10 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.

4. The Ministry of Defense shall specify the organization of receipt and handling of applications for flight licenses or modification of light licenses of organizations and individuals, ensuring convenience and promptness.

Above are documents that are included in the application for application for drone licenses in Vietnam.

Best regards!