Notice on Passenger Protection Regulations for Flights Departing from Vietnam

Regulations on Advance Non-Refundable Compensation in Air Passenger Transportation

Pursuant to the Law on Civil Aviation of Vietnam No. 66/2006/QH11 and Law No. 61/2014/QH13 amending and supplementing several articles of the Law on Civil Aviation of Vietnam, Pursuant to Government Decree No. 107/2012/NĐ-CP dated December 20, 2012, defining the functions, duties, powers, and organizational structure of the Ministry of Transport, At the proposal of the Director General of the Legal Department and the Director General of the Civil Aviation Authority of Vietnam, the Minister of Transport hereby promulgates the regulations on advance non-refundable compensation in air passenger transportation as follows.

Chapter 1: General Provisions

Article 1. Scope and Application

  1. These enforcement rules regulate non-refundable prepaid compensation in cases where passengers are denied boarding despite having confirmed seats, flights are canceled, or flights are significantly delayed due to the airline's fault during air passenger transport in Vietnam.

  2. These enforcement rules apply to organizations and individuals involved in non-refundable prepaid compensation related to air passenger transport in Vietnam.

Article 2. Definition of Terms

  1. “Advance Non-Refundable Compensation” refers to compensation that the airline must provide to passengers in monetary or other appropriate forms, regardless of the actual damage amount, in cases prescribed by law.

  2. “Denied Boarding Passenger” means a passenger who holds a ticket and has a confirmed seat on the flight but is refused transportation by the airline.

  3. “Flight Cancellation” means a flight that is listed in the airline’s reservation and ticketing system within 24 hours before the scheduled departure time but does not actually operate.

  4. “Long Delay Flight” refers to a flight whose actual departure time (based on the time the aircraft is released from parking) is delayed by 4 hours or more compared to the scheduled departure time announced by 3 PM the day before the planned operation date.

  5. “Airline” means the airline that actually operates the flight.

  6. “Seat Confirmation” means the airline’s confirmation that a passenger has secured a seat on the flight.

Article 3. Principles of Implementation

  1. Advance Non-Refundable Compensation applies to flights departing from Vietnam when passengers are denied boarding, flights are canceled, or flights are significantly delayed.

  2. Fulfilling the obligation to provide advance non-refundable compensation does not affect the airline’s fulfillment of other passenger transport obligations under relevant laws.

  3. If the airline is liable for damages under civil law, the advance non-refundable compensation paid under these regulations will be deducted from the damages payable.

Chapter 2: Airline Obligations and Passenger Rights

Article 4. Airline Obligations

  1. If a passenger holding a ticket with a confirmed seat experiences denied boarding, flight cancellation, or long delay, the airline must provide advance non-refundable compensation as specified in Article 8 of these regulations, except in cases exempted under Articles 5, 6, and 7.

  2. Compensation policies and levels stipulated in the transport terms must not be lower than the standards set in these regulations.

  3. Airlines must disclose on their websites, airports, representative offices, ticket offices, and ticket sales agent systems the eligibility, levels, methods, deadlines, and specific addresses for applying for advance non-refundable compensation.

    1. Airlines must disclose on their websites, airports, representative offices, ticket offices, and ticket sales agent systems the eligibility, levels, methods, deadlines, and specific addresses for applying for advance non-refundable compensation.

  5. When denied boarding occurs or a flight is canceled or long delayed, the airline must report on advance non-refundable compensation to the airport authority of the departure airport within 24 hours from the scheduled departure time (for cancellations) or actual departure time (for denied boarding or long delays) using the form in the appendix of these regulations.

  6. Complaints related to denied boarding, flight cancellations, or long delays must be received and handled promptly.

  7. To provide information about flight cancellations or long delays at least 24 hours before the scheduled departure time, the airline must record the contact information provided by passengers (mobile phone number, landline number, email address, or family member’s phone number if direct contact is not possible), which serves as the basis for exemption judgment under Article 7, Paragraph 1 of these regulations.

Article 5. Airline's Exemption in Case of Denied Boarding

If a passenger holding a ticket and confirmed seat on the flight or currently traveling is denied boarding for any of the reasons specified in Article 146 of the Vietnam Civil Aviation Law, the airline is exempt from the obligation to pay prepaid non-refundable compensation.

  1. If the airline determines that the passenger's health condition may pose a risk to the passenger, other passengers on board, or the safety of the flight or aircraft.

  2. To prevent the spread of infectious diseases.

  3. If the passenger fails to comply with aviation safety, security, operational regulations, or civil aviation administrative rules.

  4. If the passenger disrupts public order, threatens flight safety, or endangers the life, health, or property of others.

  5. If the passenger is under the influence of alcohol or other stimulants and unable to control their behavior.

  6. If there are security reasons notified by the competent authorities.

  7. If requested by the competent national authorities.

Article 6. Airline's Exemption in Case of Flight Cancellation or Long Delay

If a flight cancellation or long delay is due to any of the following reasons, the airline is exempt from the obligation to pay prepaid non-refundable compensation.

  1. Weather conditions affecting the safe operation of the flight.

  2. Security risks affecting the safe operation of the flight.

  3. If the flight cannot operate or is delayed for a long time due to decisions by competent national authorities.

  4. Due to passenger medical issues (serious illness or death after boarding).

  5. If the aircraft scheduled for the flight is destroyed or the aircraft fleet is destroyed.

  6. If the flight is affected by armed conflict, political instability, or strikes.

  7. If aviation infrastructure or air traffic services fail to guarantee flight operation.

  8. Technical defects occurring during operation from the time the aircraft captain takes over and signs the flight readiness until the end of the flight.

  9. If the passenger is rebooked on another flight arriving at the destination within 4 hours of the originally scheduled arrival time.

  10. If the scheduled destination of the flight is a transfer point in the passenger's itinerary, and the passenger is rebooked to arrive at the final destination within 6 hours of the connecting flight's scheduled arrival time.

  11. Other force majeure reasons.

Article 7. Airline's Exemption in Other Cases

  1. If the airline proves any of the following, it is exempt from the obligation to pay prepaid non-refundable compensation to the passenger.
  • A.If the airline notifies the passenger by phone, text message, or email at least 24 hours before the scheduled departure time about the flight cancellation or long delay, using the contact information specified in Article 4, Paragraph 7 of these regulations. If calling, two attempts must be made between 7 a.m. and 10 p.m., with retries every 20 minutes if the first call is not connected.
  • B.If the passenger has not registered contact information as required.
  • C.If the airline cannot contact the passenger using the registered contact information.

  1. If the passenger is transported free of charge or with an airline employee discount ticket (Industry Discount Ticket) or agent discount fare, the airline is exempt from paying prepaid non-refundable compensation.

  2. If the passenger does not check in at the airport or another location agreed upon with the airline, the airline is exempt from paying prepaid non-refundable compensation.

Article 8. Amount of Prepaid Non-Refundable Compensation

  1. The compensation amount per passenger for domestic flights is as follows.
  • A.Flight distance under 500 km: 200,000 Vietnamese Dong (VND)
  • B.Flight distance between 500 km and under 1,000 km: 300,000 Vietnamese Dong (VND)
  • C.Flight distance 1,000 km or more: 400,000 Vietnamese Dong (VND)
  1. The compensation amount per passenger for international flights is as follows.
  • A.Flight distance under 1,000 km: 25 US Dollars (USD)
  • B.Flight distance between 1,000 km and under 2,500 km: 50 US Dollars (USD)
  • C.Flight distance between 2,500 km and under 5,000 km: 80 US Dollars (USD)
  • D.Flight distance 5,000 km or more: 150 US Dollars (USD)
  1. The airline may set a separate amount for prepaid non-refundable compensation, but it shall not be lower than the amounts specified in Paragraphs 1 and 2 of this Article.

Article 9. Methods and Deadlines for Prepaid Non-Refundable Compensation

  1. The airline may provide prepaid non-refundable compensation to passengers by any of the following methods.
  • A.Cash payment.
  • B.If requested by the passenger, payment via bank transfer or other appropriate payment intermediaries. In this case, the airline must pay the compensation within 14 business days from the date of the passenger's request.
  • C.If agreed by the passenger, free tickets, vouchers for future airline services, or other free services.
  1. If a passenger is denied boarding due to the airline's fault, the airline must immediately compensate at one of the following locations.
  • A.The airport where the passenger was denied boarding.
  • B.If the passenger checked in at a location other than the airport, at a point or representative office designated by the airline in agreement with the passenger.
  • C.If the method in Paragraph 1, Item B of this Article is chosen, payment shall be made via transfer to the account provided by the passenger.
  1. If a flight is canceled, the airline must compensate the passenger according to the following.
  • A.The airport where the flight was canceled.
  • B.At a point or representative office designated by the airline or upon passenger request, within 14 business days from the flight cancellation date.
  • C.If the method in Paragraph 1, Item B of this Article is chosen, payment shall be made via transfer to the account provided by the passenger.
  1. If a flight is delayed for a long time, the airline must compensate the passenger according to the following.
  • A.The departure or arrival airport of the flight.
  • B.At a point or representative office designated by the airline or upon passenger request.
  • C.If the method in Paragraph 1, Item B of this Article is chosen, payment shall be made via transfer to the account provided by the passenger.

Article 10. Passenger Rights

  1. The right to receive information regarding the matters specified in Article 4, Paragraph 3 of these regulations.

  2. The right to receive prepaid non-refundable compensation from the airline in accordance with the methods and deadlines prescribed in these regulations.

  3. If the passenger has not received prepaid non-refundable compensation or the compensation amount does not comply with these regulations, the passenger may request the airline in writing to fulfill its obligations within 90 days from the scheduled departure date. The airline must respond in writing within 7 days of receiving the request regarding the fulfillment of the prepaid non-refundable compensation obligation under these regulations.

  4. If the passenger disagrees with the airline's decision under Paragraph 3 of this Article, the passenger may file a lawsuit to claim damages under civil law.

Article 11. Passenger Obligations

  1. Passengers must provide sufficient and accurate information as specified in Article 4, Paragraph 7 of these regulations.

  2. Passengers must choose a method to receive prepaid non-refundable compensation and notify the airline.

Chapter 3: Implementation Organization

Article 12. Responsibilities of the Vietnam Civil Aviation Authority

  1. The Vietnam Civil Aviation Authority shall publish the distances of domestic and international air routes departing from Vietnam, which serve as the basis for calculating the prepaid non-refundable compensation amounts stipulated in Article 8 of these implementing regulations.

  2. It shall inspect and supervise the implementation of regulations regarding prepaid non-refundable compensation in air passenger transport and handle matters within its authority.

Article 13. Responsibilities of Airport and Port Authorities

  1. Airports shall publicly post the air route distances and the provisions of these implementing regulations.

  2. It shall inspect and supervise the fulfillment of airline obligations in cases of denied boarding, flight cancellations, and long delays as stipulated in these implementing regulations, and handle matters within its authority.

  3. The results of supervision over matters stipulated in these implementing regulations shall be reported monthly or as requested to the Vietnam Civil Aviation Authority within the scope of authority.

Article 14. Responsibilities of Airport Operating Enterprises

Airport operating enterprises shall update the airport information system immediately upon receiving information provided by airlines regarding flight cancellations or long delays, in accordance with Article 4, Clause 3 of these implementing regulations.

Article 15. Effective Date of Implementation

  1. These implementing regulations shall take effect from July 1, 2015.

  2. Decision No. 10/2007/QĐ-BGTVT dated February 27, 2007, by the Minister of Transport (regulations on prepaid non-refundable compensation in air passenger transport) is hereby repealed.

  3. The Director General of the Ministry of Transport, the Inspector General, each department head, the Director of the Vietnam Civil Aviation Authority, and related agencies, organizations, and individuals are responsible for the implementation of these regulations.

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