The Vietnamese Ministry of National Defense has introduced a draft decree to tighten control over unmanned aerial vehicles (UAVs), commonly known as drones, including a ban on operating drones while under the influence of alcohol, drugs, or other prohibited substances.​

The draft, led by the defense ministry, is currently under review by the Ministry of Justice.

The initiative reflects changes in drone activities since the government issued Decree No. 36 on March 28, 2008 to regulate UAVs and ultralight flying vehicles.

Over the past 16 years, significant changes in drone operations have emerged, necessitating updates to existing regulations, according to the defense ministry.

The proposed decree aims to establish a comprehensive legal framework to manage all aspects of drone usage, mitigating potential negative impacts on national defense, security, flight safety, and public order.​

As per the draft, individuals operating drones must be at least 18 years old, except for those controlling devices weighing less than 0.25 kilograms.

Importantly, operators must not have alcohol, narcotics, hypnotics, or other prohibited substances in their blood or breath.

Operators of drones with a maximum take-off weight from 0.25 kilograms are required to obtain a license for visual flight operation, also known as visual flight rules (VFR).

For drones weighing two kilograms or more, flying beyond visual line of sight, or operating via pre-programmed routes through a central control unit, operators must secure a license for instrument-based flight operations, also known as instrument flight rules (IFR).

This license must be issued by an authorized training institution in Vietnam, or operators must hold an internationally recognized certificate accepted by Vietnamese authorities.

Operators managing multiple drones simultaneously must meet the aforementioned conditions and demonstrate that the technology employed ensures safety during flight, as evident in the drones’ operating system specifications.

Activities such as formation flying, aerial light shows, or artistic performances require approval from competent authorities.​

Drone operators must obtain a registration certificate or a temporary registration certificate for their equipment.  

Drone flights within restricted zones are permitted solely for official missions, economic development, scientific research, or cultural, social, or sports activities conducted by organizations with written approval from relevant state authorities.​

To enhance regulatory measures, the defense ministry proposes classifying drones based on various criteria, including maximum take-off weight categories: under 0.25 kilograms, 0.25 to under 2 kilograms, 2 to under 25 kilograms, 25 to under 150 kilograms, and over 150 kilograms.

Drone usage purposes are categorized into commercial activities, agricultural production support, recreational activities, and training.​

The draft grants licensing authorities the power to revoke drone flight permits for reasons related to national security, defense, flight safety, social order, public interests, protection of state, organizational, or citizen interests, compliance with international treaties, provision of false information, or other fraudulent actions.​

Accordingly, the Minister of National Defense and the Chief of the General Staff of the Vietnam People's Army have the authority to revoke or request the revocation of all or part of the flight permits issued by competent authorities within Vietnam's airspace and flight information regions.

The Operations Department, under the General Staff of the Vietnam People's Army, is authorized to revoke all or part of the flight permits issued by itself, the military region commands, the Hanoi Capital Command, and provincial military commands.

Military region commands may revoke all or part of the flight permits issued by themselves and their subordinate provincial military commands.

Provincial military commands and the Ministry of Public Security may revoke, in whole or in part, the flight permits issued by themselves.​

On November 27, 2024, the National Assembly passed the Law on Civil Air Defense, which includes provisions exempting certain drone operations from flight permits.

Specifically, these exemptions apply to drones that operate outside no-fly zones and restricted areas, within the visual line of sight, with a maximum take-off weight of less than 0.25 kilograms, serving recreational purposes.

Additionally, drones operating in emergency situations to protect the lives and property of organizations or individuals, as authorized by the competent authority, are also exempt but must notify the flight management agency before flying.

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