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THE
MINISTRY OF TRANSPORT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
13/2024/TT-BGTVT
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Hanoi,
May 15, 2024
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CIRCULAR
ON MECHANISMS AND POLICIES ON MANAGEMENT OF DOMESTIC AIR
CARRIAGE CHARGES AND AVIATION SERVICE CHARGES
Pursuant to the Law on Civil
Aviation of Vietnam dated June 29, 2006 and Law on amendments to the Law on
Civil Aviation of Vietnam dated November 21, 2014;
Pursuant to the Law on Prices
dated June 19, 2023;
Pursuant to the Decree No.
56/2022/ND-CP dated August 24, 2022 of the Government defining the functions,
tasks, entitlements and organizational structure of the Ministry of Transport;
At the request of Director of
Transport Department and Director of the Civil Aviation Authority of Vietnam
(CAAV);
The Minister of Transport
promulgates a Circular on mechanisms and policies for management of domestic
air carriage charges and aviation service charges.
Article 1.
Scope and regulated entities
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2. This Circular applies to
organizations and individuals that provide, use and manage domestic air
carriage charges and aviation service charges.
Article 2.
Rules and grounds for determination of service charges
Domestic air carriage charges and
aviation service charges shall be determined based on the rules and grounds
specified in Article 22 of the Law on Prices.
Article 3.
Payment currencies
1. For domestic air carriage
Domestic air carriage charges
within Vietnam’s territory are specified in Vietnamese Dong (VND). The
quotation and payment of service charges are made in VND.
2. Aviation services
a) Domestic flight service charges
are specified in VND. The quotation and payment of service charges are made in
VND.
b) International flight service
charges are specified in US dollars (USD). The quotation and payment of service
charges are made in accordance with the law on foreign exchange.
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a) At domestic terminals and
non-restricted areas of international terminals: Service charges are specified
in VND. The quotation and payment of service charges are made in VND;
b) Restricted areas of
international terminals: service charges are specified in USD. The quotation
and payment of service charges are made in accordance with the law on foreign
exchange.
Article 4.
Incentives
1. Carriers that make full monthly
payments for the following services on their invoices: aircraft take-off and
landing, departure and arrival traffic control, will be entitled the following
incentives:
a) For services provided for
international flights
Service
charges on payment invoices (USD)
Discount
(%)
Over 125,000 USD to under 250,000
USD
1.5%
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2.5%
From 750,000 USD to under
1,500,000 USD
3.5%
1,500,000 USD or more
5%
b) For services provided for
domestic flights
Service
charges on payment invoices (VND)
Discount
(%)
Over 5 billion VND to under 10
billion VND
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From 10 billion VND to under 15
billion VND
2.5%
From 15 billion VND to under 30
billion VND
3.5%
30 billion VND or more
5%
Service charges will be calculated
separately for each type of service provided for international and domestic flights.
Calculation period: 1 month.
2. For flight training and pilot
training activities (not combined with commercial operations) in Vietnam:
Training facilities will be exempt from air traffic control charges for
departure, arrival, take-off, and landing for the first 36 months from the date
of the first flight training or pilot training (not combined with commercial
operations).
3. Vietnamese airlines newly
entering the air transport market will be granted a 50% discount on aircraft
take-off and landing charges and air traffic control charges for departure and
arrival, as regulated by the Ministry of Transport. This incentive will be
applied for a period of 36 months from the date of commencement of operation.
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a) At Noi Bai, Tan Son Nhat, Da
Nang international airports: These airlines will be granted a 90% discount on aircraft
take-off and landing charges and air traffic control charges for departure and
arrival, as regulated by the Ministry of Transport. This incentive will be
applied for a period of 12 months from the date of commencement of operation;
b) At other airports: These
airlines will be granted a 50% discount on aircraft take-off and landing
charges and air traffic control charges for departure and arrival, as regulated
by the Ministry of Transport. This incentive will be applied for a period of 24
months from the date of commencement of operation.
5. In cases where an airline is
eligible for multiple incentives under Clauses 3 and 4 of this Article, the
airline will be granted the most favorable incentive.
6. Organizations and individuals
that provide services (hereinafter referred to as service providers) are
permitted to proactively apply the incentives in accordance with this Article.
Article 5.
Pricing
1. The CAAV shall appraise pricing
proposals and report them to the Ministry of Transport for the issuance of
pricing documents of the following services:
a) Aviation services with specific
charges: Aircraft takeoff and landing services; air traffic control services
for departure and arrival; passenger services at airports and airfields;
aviation security services; flight control services over flight information
zones managed by Vietnam;
b) Aviation services with charges
within bracket: Apron lease services; passenger check-in counter lease
services; baggage conveyor belt lease services; jet bridge lease services; full
package ground handling services (gha) at airports and airfields (for airlines
that still apply full package); automated baggage sortation services; aviation
fuel refueling services; hydrant fueling system services at airports and
airfields; airport concessions at airports and airfields, including the
following concessions: passenger terminal concessions, cargo terminal and
warehouse concessions; ground handling concessions; aircraft maintenance,
repair, and overhaul concessions; aeronautical engineering concessions; airline
catering concessions; aviation fuel concessions;
c) Non-aviation services with
charges within bracket: Passenger terminal leasing services; cargo terminal
leasing services; essential basic services at airports and airfields: including
domestic food and beverage services (instant pho, instant noodles, instant
vermicelli, instant porridge, plain bread; bottled water with a capacity of
less than or equal to 500 ml, and various types of canned milk with a capacity
of less than or equal to 180 ml);
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2. Service providers in Clause 1 of
this Article shall prepare pricing proposals in accordance with the
requirements of the competent authorities and responsible for the pricing
proposals they prepare.
3. Preparation and appraisal of
pricing proposals, issuance of pricing documents or charge adjustments are
carried out in accordance with the law on prices.
Article 6.
Charge declaration
1. List of services subject to
charge declaration
a) Essential basic services at
airports and airfields: including domestic food and beverage services (instant pho,
instant noodles, instant vermicelli, instant porridge, plain bread; bottled
water with a capacity of less than or equal to 500 ml, and various types of
canned milk with a capacity of less than or equal to 180 ml);
b) Domestic air transportation
services at basic economy class fares sold within the territory of Vietnam.
2. CAAV shall receive and update
charge declaration documents into the National Price Database for services of
service providers as specified in point b of clause 1 of this Article. The declared
charge shall be used for the synthesis, analysis, and forecasting of market
prices according to regulations.
3. Airport authorities shall
receive and update charge declaration documents into the National Price
Database for services of service providers as specified in point a of clause 1
of this Article. The declared charge shall be used for the synthesis, analysis,
and forecasting of market prices according to regulations.
4. The method of preparing and
receiving charge declarations is implemented in accordance with the law on
prices.
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Service providers shall quote
service charges in accordance with Article 29 of the Law on Prices.
Article 8.
Disclosure of charge information
Disclosure of charge information
shall be carried out in accordance with clauses 1, 2, 4, and 5 of Article 6 of
the Law on Prices.
Article 9.
Responsibilities of regulatory agencies
1. Civil Aviation Authority of
Vietnam (CAAV):
a) Implement regulations on prices
as prescribed in this Circular and relevant legislative documents;
b) Inspect the compliance with
legal regulations on domestic air carriage charges and aviation service charges
within their authority.
2. Airport authorities:
a) Supervise and expedite service
providers’ implementation of regulations on non-aviation service charges at
airports and airfields;
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Article 10.
Entry in force and implementation
1. This Circular comes into force
from July 1, 2024.
2. Annul the following Circulars:
a) Circular No. 36/2015/TT-BGTVT
dated July 24, 2015 of the Minister of Transport on management of domestic air
carriage charges and aviation service charges;
b) Circular No. 06/2022/TT-BGTVT
dated May 27, 2022 on amendments to Circular No. 36/2015/TT-BGTVT dated July
24, 2015 of the Minister of Transport on management of domestic air carriage
charges and aviation service charges.
3. Annul Article 7 of Circular No.
53/2019/TT-BGTVT dated December 31, 2019 of the Minister of Transport on
charges and bracket of charges for certain aviation services at airports and
airfields in Vietnam.
4. In case a legal document
referred to in this Circular is amended, supplemented or replaced, the new
document shall prevail.
5. The Chief of the Ministry
Office, the Chief Inspector of Ministry, Director of the Civil Aviation
Authority of Vietnam, and Heads of relevant agencies, organizations, and
individuals shall implement this Circular./.
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PP.
MINISTER
DEPUTY MINISTER
Le Anh Tuan