THE MINISTRY OF TRANSPORT
Circular No. 14/2015/TT-BGTVT dated April 27, 2015 of the Ministry of Transport on non-refundable fixed compensation in air passenger transport
Pursuant to the Law on Civil aviation of Vietnam No. 66/2006/QH11; Law on amendments to the Law on Civil aviation of Vietnam No. 61/2014/QH13;
Pursuant to Decree No. 107/2012/ND-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;
The Minister of Transport issues a Circular on non-refundable fixed compensation in air passenger transport.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment and subject of application
1. This Circular promulgates non-refundable fixed 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
1. “Non-refundable fixed 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. “Flight cancellation” means the failure to operate a flight whose schedule for reservation and ticketing is announced on the reservation and ticketing system of the carrier within 24 hours prior to the scheduled departure time.
4. “Long delay of flight” means a flight having actual departure time (when aircraft chock is removed) of more than 4 hours later than its scheduled time according to flight schedule of the carrier which is updated by 3 p.m of the date preceding the date on which the flight is operated.
5. “Carrier” means an airline actually operating flights.
6. “Confirmed reservation” means statement from the carrier that the passenger has had a seat on the fight.
Article 3. Compensation rules
1. The 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 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.
Chapter II
OBLIGATIONS OF CARRIERS AND RIGHTS OF PASSENGERS
Article 4. Obligations of carriers
1. Providing passengers having tickets or receiving confirmed reservation with compensation levels as prescribed in Article 8 of this Circular in the event of denied boarding, flight cancellations or long delays of flights, except for cases subject to exemption for liability prescribed in Article 5, Article 6 and Article 7 of this Circular.
2. Providing Transport regulations on compensation policies and compensation levels which are not lower than those prescribed in this Circular.
3. Announcing information about passengers entitled to compensations, compensation levels, specific methods, terms and addresses for compensation on the website(s) of the carrier, airport(s), representative office(s) or ticket office(s) and system of ticket agents of the carrier.
4. Providing airport authorities or airport enterprises with information about reasons for flight cancellations, long delays of flights right after the decision on flight cancellation or long delay of flight is issued for observation and update of information system of airports.
