Flying a flycam near a military area: Are there legal violations?

Legal situation: Mr. Quang is a YouTube video maker who mostly focuses on the lives of people in his own country. He bought a flycam to help him capture high-altitude photographs and film of the mountains and woods in his area. However, a military base is nearby, and in order to take footage from the mountains, he must fly the flycam above the military base. Is it illegal to fly the flycam over the military base?

FDVN’s Opinions: 

Thank you for entrusting your request to FDVN Law Firm. We would like to share with you our opinions as follows:

Flycams are aerial devices comprising:

(1) Unmanned aerial vehicles (UAVs), 

(2) One or more cameras fixed to the body of the UAV. This device can have various names, such as Flycam, UAV integrated with a camera, Camera integrated on a drone, and so on. (Refer to Official Letter No. 3831/TCHQ-TXNK dated September 15, 2022, from the General Department of Customs regarding the classification and tax policies for Flycam: UAV integrated with a camera; Camera integrated on a drone…). 

Clause 1 and 3 of Article 3 of Decision No. 18/2020/QD-TTg dated June 10, 2020, by the Prime Minister [Establishment of no-fly zones and restricted flying zones for UAVs and ultralight aircraft] specifies no-fly zones for Flycam as follows:

“Article 3. Prohibited airspace

1. In national defense structures and particularly important military zones assigned to the Ministry of National Defense by the Government for management and defense.

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

2. In head offices

…

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 camps and detention houses of forces affiliated to the 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.”

So, in case where the military training region you're referring to falls within one of the national defense and security zones indicated above, it is considered a no-fly zone.

If you fly a Flycam into a no-fly zone, you may face administrative sanctions under Point d, Clause 2, Article 7 of Decree No. 144/2021/ND-CP dated December 31, 2021, by the Government on Administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention, and firefighting; rescue; domestic violence prevention and control as follows:

A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for using an unmanned aerial vehicle (UAV) or an ultralight aircraft without a flight license, or organizing flights before having the licenses or after having been registered but the permitted time, location, area, coordinates and limits are not adhered to. 

Additional penalties: Confiscation of the exhibits and means of administrative violations. 

FDVN's advisory opinion on your request is based on our examination of the applicable legal laws. We hope that FDVN's advice will be useful to you.

Phạm Văn Việt – FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

366 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Ho Chi Minh City:

No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City

Lawyers in Ha Noi:

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An:

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam