MINISTRY OF
TRANSPORT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 14/VBHN-BGTVT
|
Hanoi, November
24, 2020
|
CIRCULAR
ON
NON-REFUNDABLE ADVANCE COMPENSATION IN AIR PASSENGER TRANSPORT
Circular No. 14/2015/TT-BGTVT dated April 27, 2015
of the Minister of Transport on non-refundable advance compensation in air
passenger transport, coming to force as of July 1, 2015, amended by:
Circular No. 27/2017/TT-BGTVT on amendments to
certain articles of the Circular No. 36/2014/TT-BGTVT dated August 29, 2014 by
the Minister of Transport on quality of passenger services at airports and the
Circular No. 14/2015/TT-BGTVT dated April 27, 2015 by the Minister of Transport
on non-refundable advance compensation in air passenger transport, coming into
force as of November 1, 2017.
Circular No. 21/2020/TT-BGTVT dated September 28,
2020 on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of
Minister of Transport on airway transportation and general aviation operation,
Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on
compensation for non-refunded advance in airway passenger transportation and
Circular No. 33/2016/TT-BGTVT dated November 25, 2016 of Minister of Transport
on operational and statistical report in Vietnam civil aviation, coming into
force as of November 15, 2020.
Pursuant to the Law on Vietnam Civil Aviation
No. 66/2006/QH11 and Law on Amendments to certain articles of the Law on
Vietnam Civil Aviation No. 61/2014/QH13;
Pursuant to Decree No. 107/2012/NĐ-CP dated
December 20, 2012 of the Government defining the functions, tasks, entitlements
and organizational structure of the Ministry of Transport;
At the request of Director of Legal Department
and Director of the Civil Aviation Authority of Vietnam,
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Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated
entities
1. This Circular promulgates non-refundable advance
compensation (hereinafter referred to as compensation) in air passenger
transport in Vietnam given to passengers who received confirmed reservations on
flights in the event of denied boarding, flight cancellations, or long delays
of flights due to faults of carriers.
2. This Circular applies to organizations or
individuals involved in compensation in air passenger transport in Vietnam.
Article 2. Interpretation of
terms[2]
1. “non-refundable advance compensation” means a
compensation payment in cash or other appropriate forms which is paid to
passengers by the carrier in accordance with regulations of law, irrespective
of actual damage of the passengers.
2. “denied boarding passenger” means any passenger
who had a ticket and received a confirmed reservation on the flight but that
passenger is denied boarding by the carrier.
3. “actual time of departure (ATD)” means the time
starting when chocks from under aircraft wheels are removed before take-off.
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5. “cancellation schedule” means the
statement of cancelled flights operated by an airline sent to the Civil
Aviation Authority of Vietnam, airport authorities and relevant regional air
traffic services companies not later than 24 hours compared to the estimated
time of departure (ETD).
6. “flight cancellation” means failure to operate a
flight due to the cancellation schedule made by an airline.
7. “long delay of flight" means a flight
having the ATD (when aircraft chocks are removed) of more than 4 hours later
than its ETD based on its flight schedule.
8. “carrier” means an airline actually operating
flights.
9. “confirmed reservation” means a statement made
by the carrier to confirm that the passenger has had a seat on the flight.
Article 3. Rules for
compensation
1. The non-refundable advance compensation shall be
given to passengers in event of denied boarding, flight cancellations or long
delays of flights in the flights departing from Vietnam.
2. The fulfillment of obligations to the non-refundable
advance compensation shall not affect to fulfillment of other obligations of
the carrier in air passenger transport as prescribed in regulations of law.
3. If the carrier is subject to compensation
payment for damage under civil liability, the compensation payment prescribed
in this Circular shall be deducted from the former compensation payment.
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OBLIGATIONS OF CARRIERS
AND RIGHTS OF PASSENGERS
Article 4. Obligations of
carriers[3]
1. Give non-refundable advance compensation for passengers
having tickets and confirmed seats on flights with amount specified under
Article 8 of this Circular in case of denied boarding, cancelled flight or
delayed flights, except for cases of immunity from responsibility specified
under Article 5, Article 6 and Article 7 of this Circular.
2. Publicize on websites of carriers, airports,
representative offices, ticket offices and ticket sale systems of carriers
regarding cases of non-refundable advance compensation, amount of compensation,
detailed methods, compensation deadline and specific address for compensation.
3. Inform airport authorities, airport enterprises
and passenger terminal service providers about reasons for cancelled flights
and delayed flights immediately after decisions on cancellation are issued or
as soon as delayed flights are identified to supervise and update on
information system of airports and airfields.
4. Within 72 hours from the moment in which flights
are expected to take off (in case of cancelled flights) or actually take off
(in case of denied boarding or delayed flights) or irregularly at request of
airport authorities, airlines are responsible for reporting to airport
authorities about compensating for non-refunded advance of flights as follows:
a) Name: Report on non-refundable advance
compensation for passengers denied boarding and having cancelled flights;
b) Details: information on flights of airlines,
information on denied passengers, passengers with cancelled flights and
solutions of the airlines;
c) Methods of submitting and receiving reports:
physical or digital reports shall be submitted in person, via postal service,
fax or other appropriate methods as per the law;
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5. Accept and process complaints of passengers
denied boarding, having cancelled flights or delayed flights.
6. Record contact information provided by
passengers namely: mobile number, landline number, email or number of relatives
in case of failure to contact to provide information on cancelled flights and
delayed flights 24 hours prior to estimated take-off time to serve as the basis
for obligation exemption specified under Clause 1 Article 7 of this Circular.
Article 5. Carrier’s immunity
from responsibility for denied boarding
The carrier shall be immune from obligations to pay
compensation in the invent of denied boarding regarding any passenger having
ticket and receiving the confirmed reservation or being on the journey as
prescribed in Article 146 of Law on civil aviation of Vietnam, in particular:
1. The health problem of the passenger may cause
damage to such passenger, other passengers or the flight.
2. The passenger is denied boarding to prevent
epidemic diseases.
3. The passenger fails to conform to regulations on
aviation safety, aviation security, aviation transport, or penalties for
administrative violations against civil aviation.
4. The passenger violates public order, endangers
flight safety or creates negative effects on lives, health and assets of other
people.
5. The passenger under the influence of alcohol or
other drugs loses control of his/her behaviors.
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7. The passenger is denied boarding at the request
of a competent agency.
Article 6. Carrier’s immunity
from responsibility for flight cancellations or long delays of flights
The carrier shall be immune from obligations to pay
compensation in the event of flight cancellations or long delays of flights due
to one of following reasons:
1. Weather condition
causes negative effects on flight safety.
2. Security risks cause negative effects on flight
safety.
3. The flight is cancelled or long delayed
according to the decision of a competent agency.
4. The flight is not operated due to health
problems of passengers (they suffer serious illnesses or die after boarding).
5. Scheduled airplanes are sabotaged or fleets of
airplanes are sabotaged.
6. The flight is not operated due to armed
conflicts, political instability or strikes.
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8. Technical problems occur during the operation of
the airplane, from the time the captain signs the record on receipt of aircraft
ready for flight operation until the end of the flight.
9. Each passenger is offered re-routing to the same
destination in another flight and results in the passenger arriving no more
than 4 hours later than the scheduled arrival time of the flight on which the
confirmed reservation is received.
10. Each passenger is offered re-routing to the
same destination in another flight and results in the passenger arriving no
more than 6 hours later than the scheduled arrival time of the connecting
flight if the destination is a connecting point in the journey of the
passenger.
11. Other force majeure events occur.
Article 7. Carrier’s immunity
from responsibility for other cases
1. The carrier shall be immune from obligations to
pay compensation if it may prove the fact of one of following cases:
a) The carrier has provided the passenger with
notice of flight cancellation or long delay of flight in speech or by messages
or emails no less than 24 hours prior to the scheduled departure time under
addresses prescribed in Clause 7 Article 4 of this Circular; or the carrier has
made 02 telephone calls from 7 a.m to 10 p.m if the first call is not
connected, the period of time between the first call and the second call is at
least 20 minutes;
b) The passenger does not register contact
information as prescribed;
c) It fails to contact with the passenger according
to his/her registered information.
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3. The carrier is immune from obligations to pay
compensation to the passenger who did not arrived for check-in at the airport
or another place agreed with the carrier.
4. The carrier shall be immune from obligations to
pay compensation to the passenger who voluntarily cancel the confirmed
reservation.
Article 8. Non-refundable
advance compensation levels
1. Compensation levels for a domestic flight paid
to each passenger:
a) A flight of less than 1,500 km in distance: VND
200,000;
b) A flight of at least 500 km but less than 1,000
km in distance: VND 300,000;
c) A flight of at least 1,000 km in distance: VND
400,000;
2. Compensation for an international flight paid to
each passenger:
a) A flight of less than 1,000 km in distance: 25
USD;
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c) A flight of at least 2,500 km but less than
5,000 km in distance: 80 USD;
d) A flight of at least 5,000 km in distance: 150
USD.
3. The carrier may regulate its compensation levels
provided that they are not lower than compensation levels prescribed in Clause
1 and Clause 2 of this Article.
4[5]. The non-refundable advance
compensation shall only apply once in the cases where the flight has been
delayed for a long time and then cancelled.
Article 9. Methods and
deadlines for non-refundable advance compensation
1. The carrier may provide passengers with
non-refundable advance compensation by following methods:
a) In cash;
b) By bank transfer or other appropriate payment
intermediary services at the requests of passengers. With regard to
aforesaid method, the carrier is obligated to make non-refundable advance
compensation within 14 working days from the date on which the request of the
passenger is received;
c) By free tickets, reimbursement vouchers for
further use of the carrier’s service or other free services in case of approval
of the passenger.
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a) At the airport where the passenger is denied
boarding;
b) At the branch or the representative office
appointed by the carrier according to agreement with the passenger if that
passenger follows procedures at a place other the airport;
c) Into the account provided by the passenger if
the method prescribed in Point b Clause 1 of this Article is selected.
3. For flight cancellation, the carrier is
obligated to provide the passenger with non-refundable advance compensation:
a) At the airport where their flight is cancelled,
b) At the branch or the representative office of
the carrier at the request of the passenger or appointed by the carrier within
14 working days from the date on which the flight is cancelled;
c) Into the account provided by the passenger if
the method prescribed in Point b Clause 1 of this Article is selected.
4. For long delays
of flights, the carrier is obligated to provide the passenger with
non-refundable advance compensation:
a) At the airport where their flight takes off or
lands;
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c) Into the account provided by the passenger if
the method prescribed in Point b Clause 1 of this Article is selected.
Article 10. Rights of
passengers
1. Receiving information as prescribed in Clause 3
Article 4 of this Circular.
2. Receiving non-refundable advance compensation from
the carrier according to methods and terms prescribed in this Circular.
3. In case the passenger fails to receive any
non-refundable advance compensation or the compensation level is not offered in
accordance with this Circular, the passenger shall send a request to the
carrier within 90 days from the scheduled departure time of the flight. Within
7 days from the date on which the request is received, the carrier is obligated
to send response to the non-refundable advance compensation as prescribed in this
Circular.
4. Suing the carrier for non-refundable advance
compensation as prescribed in civil law if he/she does not agree with the
decision of the carrier prescribed in Clause 3 of this Article.
Article 11. Obligations of
passengers
1. Providing sufficient and accurate information as
prescribed in Clause 7 Article 4 of this Circular.
2. Sending notifications of methods and terms for
compensation to the carrier.
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IMPLEMENTATION
Article 12. Responsibilities
of the Civil Aviation Authority of Vietnam
1. Announcing lengths of domestic and international
flights departing from Vietnam which are bases for non-refundable advance
compensation prescribed in Article 8 of this Circular.
2. Inspecting and dealing with implementation of
non-refundable advance compensation in air passenger transport.
Article 13. Responsibilities
of airport authorities[6]
1. Publicly post length of air routes and
regulations of this Circular in airports.
2. Inspect, supervise and deal with execution of obligations
of carriers regarding passengers in the event of denied boarding, flight
cancellations or long delays of flights according to this Circular.
3. Submit reports on supervising non-refundable
advance compensation of airlines to Civil Aviation Authority of Vietnam on a
monthly or ad-hoc basis.
Monthly reports on supervising non-refundable
advance compensation of airlines shall include following details:
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b) Details: information on airlines, flights
(number, routes), date of fights, number of passengers receiving compensation,
method of compensation, information of passengers receiving compensation and
other information (if any);
c) Methods of submitting and receiving reports:
physical or digital reports shall be submitted in person, via postal service,
fax or other appropriate methods as per the law;
d) Report submission deadline: before the 10th of
the next month;
dd) Figure conclusion date: from the first date to
the last date of the month;
e) Report form: follow Annex II attached to this
Circular.
Article 14. Duties of airport
enterprises and enterprises providing passenger services[7]
Airport enterprises and enterprises providing
passenger services shall update information about flight cancellations or long
delays of flights on the information system of the airport right after
receiving information provided by the carrier as prescribed in Clause 4 Article
4 of this Circular.
Article 15. Entry into force[8]
1. This Circular comes into force from July 1,
2015.
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3. Chief Officers, Chief Inspector, Directors of
the Civil Aviation Authority of Vietnam, heads of authorities, relevant
organizations and individuals shall implement this Circular./.
AUTHENTICATION
OF CONSOLIDATED DOCUMENT
MINISTER
Nguyen Van The
[1] Circular No. 27/2017/TT-BGTVT on
amendments to certain articles of the Circular No. 36/2014/TT-BGTVT dated
August 29, 2014 by the Minister of Transport on quality of passenger services
at airports and the Circular No. 14/2015/TT-BGTVT dated April 27, 2015 by the
Minister of Transport on non-refundable advance compensation in air passenger
transport, coming into force as of November 1, 2017, has the following bases:
“Pursuant to the 2006 Law on
Vietnam Civil Aviation and Law on Amendments to certain articles of the 2014
Law on Vietnam Civil Aviation;
Pursuant to the Government’s
Decree No. 12/2017/ND-CP dated February 10, 2017 on functions, tasks, power and
organizational structure of the Ministry of Transport;
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Pursuant to the Circular No.
14/2015/TT-BGTVT dated April 27, 2015 by the Minister of Transport on
non-refundable advance compensation in air passenger transport;
At the request of the Director
of the Bureau of Transport and the Director of the Civil Aviation Authority of
Vietnam;
The Minister of Transport
promulgates a Circular on amendments to certain articles of the Circular No.
36/2014/TT-BGTVT dated August 29, 2014 by the Minister of Transport on quality
of passenger services at airports and the Circular No. 14/2015/TT-BGTVT dated
April 27, 2015 by the Minister of Transport on non-refundable advance
compensation in air passenger transport”.
Circular No. 21/2020/TT-BGTVT dated September 28,
2020 on amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of
Minister of Transport on airway transportation and general aviation operation,
Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on
compensation for non-refunded advance in airway passenger transportation and
Circular No. 33/2016/TT-BGTVT dated November 25, 2016 of Minister of Transport
on operational and statistical report in Vietnam civil aviation, coming into
force as of November 15, 2020, has the following bases:
“Pursuant to Law on Vietnam Civil Aviation No.
66/2006/QH11 dated June 29, 2006 and Law on amendments to Law on Vietnam Civil
Aviation No. 61/2014/QH13 dated November 21, 2014;
Pursuant to Decree No. 30/2013/ND-CP dated April
8, 2013 of the Government on airway transportation business and general
aviation operation;
Pursuant to Decree No. 66/2015/ND-CP dated
August 12, 2015 of Government on Aviation Authorities;
Pursuant to Decree No. 92/2016/ND-CP dated July
1, 2016 of the Government on conditional business lines in civil aviation
sector;
Pursuant to Decree No. 12/2017/ND-CP dated
February 10, 2017 of Government on functions, tasks, powers, and organizational
structure of Ministry of Transport;
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At request of Director General of Department of
Transport and Director of Civil Aviation Authority of Vietnam,
Minister of Transport promulgates a Circular on
amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of Minister
of Transport on airway transportation and general aviation operation
(hereinafter referred to as “Circular No. 81/2014/TT-BGTVT dated December 30,
2014”), Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of
Transport on compensation for non-refunded advance in airway passenger
transportation (hereinafter referred to as “ Circular No. 14/2015/TT-BGTVT
dated April 27, 2015”) and Circular No. 33/2016/TT-BGTVT dated November
25, 2016 of Minister of Transport on operational and statistical report in
Vietnam civil aviation (hereinafter referred to as “Circular No.
33/2016/TT-BGTVT dated November 15, 2016”).”.
[2] This Article is amended by clause 1 Article
2 of Circular No. 27/2017/TT-BGTVT.
[3] This Article is amended by clause 1
Article 2 of Circular No. 21/2020/TT-BGTVT.
[4] This clause is amended by clause 3
Article 2 of Circular No. 27/2017/TT-BGTVT.
[5] This clause is amended by clause 4
Article 2 of Circular No. 27/2017/TT-BGTVT.
[6] This Article is amended by clause 2
Article 2 of Circular No. 21/2020/TT-BGTVT.
[7] This Article is amended by clause 5
Article 2 of Circular No. 27/2017/TT-BGTVT.
[8] Article 3 of Circular No. 27/2017/TT-BGTVT
reads as follows:
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1. This Circular comes into
force from November 01, 2017.
2. Chief Officers, Chief
Inspector, Directors of the Civil Aviation Authority of Vietnam, heads of
authorities, relevant organizations and individuals shall implement this
Circular./.”
Article 4 of Circular No. 21/2020/TT-BGTVT on
amendments to Circular No. 81/2014/TT-BGTVT dated December 30, 2014 of Minister
of Transport on airway transportation and general aviation operation, Circular
No. 14/2015/TT-BGTVT dated April 27, 2015 of Minister of Transport on
compensation for non-refunded advance in airway passenger transportation and
Circular No. 33/2016/TT-BGTVT dated November 25, 2016 of Minister of Transport
on operational and statistical report in Vietnam civil aviation, coming into
force as of November 15, 2020, reads as follows:
“Article 4. Implementation
1. This Circular comes into force from November
15, 2020.
2. This Circular annuls:
a) Circular No. 52/2018/TT-BGTVT dated October
15, 2018 of Minister of Transport on amendments to Circular No.
81/2014/TT-BGTVT dated December 30, 2014 on airway transportation and general
aviation operation;
b) Clause 2 Article 2 of Circular No.
27/2017/TT-BGTVT dated August 25, 2017 of Minister of Transport on amendments
to Circular No. 36/2014/TT-BGTVT dated August 29, 2014 of Minister of Transport
on quality of passenger services in airports and Circular No. 14/2015/TT-BGTVT
dated April 27, 2015 of Minister of Transport on non-refundable advance compensation
in airway passenger transportation.
3. Chief Officers, Chief Inspector, Directors of
the Civil Aviation Authority of Vietnam, heads of authorities, relevant
organizations and individuals shall implement this Circular./.”
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[10] This Appendix is amended as prescribed
in clause 4 Article 2 of Circular No. 21/2020/TT-BGTVT.