In the context of Ha Noi’s orientation toward a “multi-layered, multi-tiered” urban development model, the effective management and utilization of underground space, low-altitude space, and high-altitude space have become an urgent requirement.
Regarding the new points in the Draft Law on the Capital (amended), on April 2, a reporter from Ha Noi Press, Radio and Television Authority had an interview with Mr. Nguyen Hung Quang, President of the Vietnam International Commercial Mediation Center, Managing Partner of NHQuang&Associates Law Office, and Vice President of the Vietnam Society of International Law, to clarify legal issues, development opportunities, and emerging challenges.
– The Politburo’s Resolution No. 02-NQ/TW dated March 17, 2026, on building and developing Ha Noi in a new era sets out a vision of a 100-year master plan with an open spatial structure and a “multi-layered, multi-tiered, multi-polar, multi-centered” urban model. What is the significance of managing underground, low-altitude, and high-altitude spaces in this context?
– The Resolution clearly defines a long-term development direction for Ha Noi, in which development space is not limited to the surface but must expand vertically – encompassing underground, low-altitude, and high-altitude spaces. Currently, the organization of these spaces remains inadequate and fragmented in management. The existing Law on the Capital mainly addresses underground space from a physical perspective and lacks regulations on managing and exploiting these spaces from an economic standpoint, as envisioned in the Resolution, for both defense and civilian purposes.
I believe that supplementing provisions in the amended Draft Law on the Capital will establish a foundation for effectively utilizing these spaces across various sectors, including smart transportation, logistics, environmental monitoring, search and rescue, and high-tech activities, while still ensuring national defense and security.
– A notable new point is the introduction of the concepts of low-altitude and high-altitude spaces. How do you assess this addition?
– This is a very significant step forward. Previously, there was no unified legal definition of these spaces, leading to gaps in management and limiting the development of economic as well as defense and security activities.
Clearly defining low-altitude and high-altitude spaces will provide a legal basis for planning, zoning, licensing, and exploitation. It will also serve as a foundation for developing specific policies and piloting management models for the low-altitude economy and smart cities, while ensuring risk control and maintaining national security, social order, and safety amid the development of new technologies and economic models.
Importantly, codifying these concepts is not merely a technical legal matter but also paves the way for the formation of a “space market,” where economic, service, and technological activities can be organized and managed transparently and efficiently.
– The Draft Law grants more authority to the city government in managing these spaces. What is your view on this?
– I believe this is a reasonable approach. The Draft Law provides greater decentralization to Hanoi, such as authorizing the city’s People’s Committee to determine underground depth and regulate the altitude, scope, and zoning of low- and high-altitude spaces. This enhances the city’s proactiveness in management and development.
However, close coordination with ministries – especially the Ministry of National Defense and the Ministry of Public Security – is still necessary to ensure national defense, security, and safety requirements. The Draft Law is not only about “delegating authority” but also about “designing effective inter-agency coordination mechanisms” to avoid overlaps or gaps that could hinder new economic models.
– Licensing flight activities in low-altitude space, particularly for unmanned aerial vehicles (UAVs), is a matter of public interest. What is your perspective?
– Currently, the authority to license UAV flights belongs to the Ministry of National Defense, which is necessary for ensuring security and aviation safety. However, in practice, the licensing process is quite complex and may hinder research, training, innovation, and economic development.
In my view, a controlled decentralization mechanism should be considered. Ha Noi could be granted certain authority to license or manage civil low-altitude flight activities within clearly planned zones and corridors, in accordance with national standards and regulations. This would facilitate models such as drone logistics, air taxis for high-tech agriculture, and smart urban services.
It should also be noted that, beyond the legal framework, developing these spaces requires substantial investment from both public and private sources. For example, underground space involves parking facilities, metro systems, and technical infrastructure; low-altitude space requires drone landing pads, charging stations, radar systems, sensors, and flight management software. Ha Noi should also consider shared infrastructure for high-altitude economy, such as satellite data systems or leasing satellite services, instead of fragmented investments.
– What benefits would exploiting these spaces bring to citizens and the economy?
– The Draft Law assigns the city People’s Council the authority to adopt policies that incentivize and support investment in underground works and the exploitation of low- and high-altitude spaces, as well as to regulate revenues from such activities – this is a new provision compared to the current Law.
I believe the Draft Law places people at the center, enabling more efficient land use, reducing pressure on surface space, and improving living conditions.
For instance, shallow underground levels can be used for integrated connections with surface structures such as residential buildings, shopping centers, commercial complexes, and offices. Parking facilities, drainage systems, underground cables, pedestrian walkways, railways, and urban utilities can also be developed at these levels. Deeper layers can be used for utility tunnels, liquid hydrocarbon storage, and civil defense.
Moreover, these policies allow citizens and businesses to access low- and high-altitude spaces for economic activities, research, technological innovation, and digital transformation, thereby better ensuring constitutional rights such as education, work, recreation, scientific research, creativity, and freedom of business.
As a result, people will benefit from improved infrastructure, more convenient transportation, and greater opportunities to participate in new economic activities. More importantly, these developments will expand economic space, create entirely new industries – from low-altitude logistics and aerial services to spatial data economy – and significantly contribute to the capital’s growth.
– How do you assess international experience in this field, and what can Ha Noi learn?
– Many countries are ahead in vertical space management. For example, Singapore has effectively planned underground space, while China is rapidly developing its low-altitude economy with air taxis and UAV delivery services. Countries are also advancing high-altitude space exploitation through satellite systems and spatial data.
A common feature is that they all have flexible legal frameworks that proactively pave the way for technology and markets, rather than reacting after developments occur. This is an important lesson for Ha Noi.
– In your view, what are the core requirements for these policies to be effectively implemented?
– In my opinion, there are three key factors: a clear legal framework, effective coordination mechanisms, and sufficient investment resources.
At the same time, it is essential to balance development with risk control, particularly regarding security, safety, and the rights of citizens.
More importantly, a new governance mindset is needed – one that views underground, low-altitude, and high-altitude spaces not merely as physical extensions of the city, but as an integrated development ecosystem combining infrastructure, technology, and the digital economy.
Thank you very much!
By Ha Phong, posted on Hanoimoi Newspaper on April 2, 2026.