BTO-That is the comment of Mr. Dang Hong Sy - National Assembly Delegate of Binh Thuan province at the discussion group on the afternoon of June 19, 2024 on the draft Law on People's Air Defense.
Replace mobilization with dispatch
Delegate Dang Hong Sy analyzed the name of Section 2 “Mobilization of the People’s Air Defense Force”. If the phrase “Mobilization” is used, it can be understood as additional forces or forces from outside, while the People’s Air Defense Force already has a structure and specific regulations, so if the phrase “mobilization” is used, it is not consistent with the content of this section. Therefore, the phrase “Mobilization” in Section 2 should be replaced with the phrase “mobilization” to match the content of Section 2. At the same time, the phrase “Mobilization” in specific provisions in Section 2 should be replaced with the phrase “mobilization” to be consistent with the proposal to change the name of Section 2 mentioned above.
Regarding the time for performing training and drill tasks specified in Clause 1, Article 13, it is proposed to amend from "Duration not exceeding 7 days" to "Duration not exceeding 12 days" . Because according to the provisions of the Law on Militia and Self-Defense Forces, the training and drill time for air defense forces is not more than 12 days; the 7-day period only applies to local militia forces, so it is necessary to amend the above provision to be consistent with the Law on Militia and Self-Defense Forces.
Adjust the age of use to suit
The regulation on the age limit for joining the people's air defense force stipulated in Article 14 of the draft: "Male citizens from 18 to 45 years old, female citizens from 18 to 40 years old; if volunteering to participate in the people's air defense task, it can be extended to 50 years old for men, up to 45 years old for women" has certain limitations, because in the event of war, there will be a lot of forces at this age going to battle, the air defense forces in residential areas, in factories, in agencies, units... the age may be older, therefore, delegate Dang Hong Sy suggested that the regulation on the above age limit should be re-studied, and the Law on Forces Participating in Protecting Security and Order at the Base Level should be further studied to prescribe a more suitable age for this force.
At Point b Clause 1 Article 19 of the draft stipulates: "The local people's air defense plan is developed by the local military agency and submitted to the Chairman of the People's Committee at the same level for approval;". According to delegate Sy, if the local people's air defense plan is developed only by the local military agency, it does not ensure the completeness and comprehensiveness of the plan. In practice, in order to develop a plan, there must be coordination between many other agencies and units, so it is proposed to amend and supplement Point b Clause 1 Article 19 of the draft to: "The local people's air defense plan is developed by the local military agency in coordination with local departments and branches and submitted to the Chairman of the People's Committee at the same level for approval".
Regarding the conditions for exploiting and using unmanned aircraft and ultralight aircraft as stipulated in Clause 2, Article 29, delegate Sy proposed to add the following condition: Operators of unmanned aircraft and ultralight aircraft must have a certificate of aircraft control issued by a competent authority. The aircraft must be registered according to regulations. Because to comply with Point d, Clause 1, Article 30 on suspension of flights of unmanned aircraft and ultralight aircraft: Cases of flight suspension: "The operator does not have a certificate of airworthiness, the aircraft has not been registered or is not registered in accordance with the registration", adding the above point to Clause 2, Article 29 will be consistent with Point d, Clause 1, Article 30 of the draft Law.
Another issue is the regulation on "The person directly controlling unmanned aircraft and ultralight aircraft must be 18 years of age or older, have full civil capacity and have knowledge of aviation" at Point c, Clause 2, Article 29 of the draft. Accordingly, delegate Sy suggested that further research on age is needed, because there are many types of aircraft and when flying they serve many different purposes, and in reality there are many aircraft that people under 18 years of age can also control, so it is necessary to research regulations on age appropriate for each type of aircraft and the purpose of using the aircraft in practice (which types allow people 18 years of age or older to control, which types allow people under 18 to control).
Regarding the exemption from flight permits stipulated in Point a, Clause 4, Article 29 of the draft. Delegate Sy proposed to amend this point in the direction of only identifying cases that are unlikely to cause harm to national defense, security, and aviation safety, then the flight permit will be exempted. If the phrase "less likely to cause harm" is used as in the draft, there will still be harmful factors, so it is proposed to replace the phrase "less likely to cause harm" with the phrase "not likely to cause harm".
Source: https://baobinhthuan.com.vn/can-dieu-chinh-do-tuoi-su-dung-may-bay-khong-nguoi-lai-de-phu-hop-thuc-tien-119747.html
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