Delegate Sung A Lenh (Lao Cai): "The regulation that drone operators must have knowledge of aviation is difficult to apply"

On the afternoon of June 19, the 7th Session of the 15th National Assembly continued with the discussion in groups on the Draft Law on Fire Prevention, Fire Fighting and Rescue and the Draft Law on People's Air Defense. Delegate Sung A Lenh, Deputy Head of the Provincial National Assembly Delegation, gave a speech on the Draft Law on People's Air Defense submitted by the Government.

Delegate Sung A Lenh participated in the drafting of the Law on People's Air Defense on the afternoon of June 19, 2024.

When talking about the necessity of promulgating the Law on People's Air Defense, delegate Sung A Lenh said that this work has recently received great attention from the Party and State, as shown through directive documents such as: Resolution No. 28-NQ/TW dated September 22, 2008 of the 10th Politburo on continuing to build provinces and centrally-run cities into solid defense zones in the new situation; Conclusion No. 01-KL/TW dated April 4, 2016 of the Politburo on continuing to implement Resolution No. 48-NQ/TW dated May 24, 2005 of the Politburo on the Strategy for building and perfecting the Vietnamese legal system until 2010, with a vision to 2020; Resolution No. 27-NQ/TW dated November 9, 2022 of the 6th Conference of the 13th Party Central Committee on continuing to build and perfect the socialist rule-of-law state of Vietnam in the new period; Resolution No. 44-NQ/TW dated November 24, 2023 of the 8th Conference of the 13th Party Central Committee on the Strategy for National Defense in the new situation...

Participating in the drafting of the People's Air Defense Law, delegate Sung A Lenh said that Clause 1, Article 5 on "People's Air Defense Tasks" states: " Coordinate with the national air defense force, army air defense to be ready to fight, fight, prevent and combat enemy air attacks and manage and protect the airspace at an altitude of less than 5,000 meters" . The delegate suggested that the Drafting Committee consider and add the phrase " and other forces " and rewrite it as: "Coordinate with the national air defense force, army air defense and other forces to be ready to fight, prevent and combat enemy air attacks and manage and protect the airspace at an altitude of less than 5,000 meters" . The reason for the addition is to be consistent with the provisions of Clause 1, Article 2 of this draft Law.

The National Assembly delegation of Lao Cai province actively participates in researching and drafting laws.

Next, participating in the drafting of Clause 2, Article 9 on “People’s Air Defense Command Agency”, delegate Sung A Lenh proposed to add “Point e” with the content: “ Develop a plan to ensure annual operating expenses for people’s air defense tasks from the state budget according to the prescribed authority”. The reason that the Deputy Head of the National Assembly Delegation of Lao Cai province proposed was to comply with Clause 2, Article 41 of this draft Law.

Regarding point g, clause 1, Article 18 of the Draft Law on People's Air Defense, which stipulates: " Construction of people's air defense works " , delegate Sung A Lenh said that this content should be removed for the reason that it is clearly stated in point a, clause 2, Article 20.

In Article 29 on “ Registration, exploitation and use of unmanned aircraft and ultralight aircraft”, Point c, Clause 2 of the draft Law stipulates: “ The person directly controlling an unmanned aircraft or ultralight aircraft must be 18 years of age or older, have full civil capacity and have knowledge of aviation ”. Delegate Sung A Lenh suggested that the drafting agency should carefully consider and evaluate the regulation of the criterion of “ having knowledge of aviation ”.

The reason is that it is very difficult to apply in practice. Currently, most people who exploit and use unmanned aircraft and ultra-light aircraft do not have knowledge of aviation. The connotation of the concept of "aviation knowledge" is also lacking in clarity and specificity.

The quality of comments from Lao Cai province delegates was highly appreciated by the National Assembly.

At point a, clause 4, Article 29 stipulates the exemption of flight licenses for the following cases: "Unmanned aircraft, ultra-light aircraft operating outside prohibited flying areas, restricted flying areas, at short distances, at altitudes below 50 meters...". Delegate Sung A Lenh suggested that the drafting agency study to regulate according to the criteria of the weight of the aircraft or the maximum payload and gravity that the aircraft can carry. Because regulating criteria according to height is very difficult to measure and determine when monitoring and managing, especially detecting violations for handling in specific cases.

Also in his speech, delegate Sung A Lenh directly participated in drafting Article 45 on "Responsibilities of the Ministry of National Defense".

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