Joint Circular No. 103/2008/TTLT-BTC-BGTVT guiding domestic air cargo transportation fare management and airport air services in Vietnam.

JOINT CIRCULAR

Guidelines on the management of domestic air cargo transportation rates and airport aviation service prices in Vietnam

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Pursuant to the Civil Aviation Law No. 66/2006/QH11 dated June 29, 2006;

Pursuant to the Price Law No. 40/2002/UBTVQH10 dated April 26, 2002;

Pursuant to Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Law and Decree No. 75/2008/NĐ-CP dated June 9, 2008 of the Government amending and supplementing certain provisions of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Law;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 83/2007/NĐ-CP dated May 25, 2007 of the Government on the management of civil aviation airport exploitation;

The Ministry of Finance and the Ministry of Transport jointly issue guidelines on the management of domestic air cargo transportation rates and airport aviation service prices in Vietnam as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars provide guidance on the principles for determining domestic air cargo transportation rates (goods, passengers) and airport aviation service prices in Vietnam outside the scope of the Fees and Charges Ordinance; the authority and responsibilities of agencies and units in establishing, submitting, reviewing pricing plans and deciding on prices, registering prices, and declaring prices.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These Circulars apply to organizations and individuals in Vietnam and foreign organizations and individuals (hereinafter referred to as units) who are permitted to supply and use domestic air cargo transportation services and airport aviation services in Vietnam (hereinafter referred to as aviation services).

3. Payment Currency

3.1. Domestic air cargo transportation rates sold within the territory of Vietnam and airport aviation services provided for domestic flights shall be specified in Vietnamese Dong (VND).

3.2. Domestic air cargo transportation rates sold outside the territory of Vietnam and airport aviation services provided for international flights shall be specified in United States Dollars (USD). In cases where payment is made in Vietnamese Dong or the local currency, it shall be converted according to the average transaction exchange rate in the inter-bank foreign exchange market published by the State Bank of Vietnam at the time of payment.

II. SPECIFIC PROVISIONS

Forms of price management

Domestic air cargo transportation rates (goods, passengers) and airport aviation service prices in Vietnam shall be managed through the following forms:

1.1. The State decides on prices and price ranges for services included in the list of State-priced services.

1.2. Units shall register and declare prices for services within their jurisdiction with competent state management agencies.

1.3. Negotiated pricing for services not covered by the two cases above.

Principles for determining domestic air cargo transportation rates and airport aviation service prices

In addition to implementing the Pricing Regulation for Assets, Goods, and Services and related guiding documents of the Ministry of Finance, units must comply with the following principles and regulations:

2.1. Domestic air cargo transportation rates: Shall be determined based on reasonable costs, consistent with service quality, supply and demand conditions, economic and social development policies during each period, and consistent with the average price level of similar services in the ASEAN region.

2.2. Airport aviation service prices:

2.2.1. Airport aviation service prices for international flights (regardless of whether they are operated by Vietnamese or foreign airlines): Shall be determined based on reasonable costs, ensuring capital recovery, accumulation for the unit, consistency with service quality, and consistent with the average price level of similar services in the ASEAN region.

2.2.2. Airport aviation service prices for domestic flights: Shall be determined based on reasonable costs, consistent with service quality, domestic market prices, taking into account the relationship between domestic and international prices of the same type of service, consistent with economic and social development policies during each period, and consistent with the average price level of similar services in the ASEAN region.

Authority and responsibilities of agencies and units in establishing, submitting, reviewing pricing plans, and deciding on service prices

3.1. Ministry of Finance:

Decide on prices and price ranges for the following services upon the proposal of the Ministry of Transport (Vietnam Civil Aviation Administration):

3.1.1. Price range for domestic economy class passenger transportation rates on routes still having a monopoly position.

When fuel prices fluctuate by more than 20% from the price calculated in the price range, if the price range is not adjusted, the Ministry of Finance shall take the lead in examining and specifying the maximum domestic fuel surcharge rate applicable for a limited period.

3.1.2. Service prices for takeoff and landing; air traffic control for departure and arrival; support for flight operations; security screening; passenger services.

3.1.3. Price range for some aviation services still having a monopoly position at airports including:

a) Aircraft parking area rental services;

b) Passenger check-in counter rental services;

c) Baggage conveyor belt rental services;

d) Aisle bridge rental services for boarding and deplaning passengers;

d) Rental of office space for airline representatives in the terminal area;

e) Comprehensive ground service prices at airports excluding Noi Bai, Tan Son Nhat, Da Nang, Cam Ranh, and Phu Bai airports;

g) Supply and refueling of aviation fuel for domestic flights;

h) Automatic baggage sorting service.

3.1.4. Aircraft rental service prices for special aircraft implemented under the State's procurement and assignment system funded by the State budget.

3.2. Ministry of Transport:

The Civil Aviation Administration of Vietnam, an agency under the Ministry of Transport, represents the Ministry of Transport to implement:

3.2.1. Directing and guiding service supply units to establish pricing plans, price ranges, and fuel surcharges; organizing the review of pricing plans, price ranges, and fuel surcharges established by units; officially providing written opinions to the Ministry of Finance to decide on prices, price ranges for services, and the maximum fuel surcharge levels as stipulated in Clause 3.1 Point 3 Section II of this Circular.

3.2.2. Chair the review of the file and content of prices registered and declared by units.

3.2.3. Guide units to implement pricing decisions, price ranges, maximum fuel surcharges prescribed by the State; management regulations on prices stipulated in this Circular and related legal normative documents.

3.2.4. Annually in the first quarter or at any time: Publish a list of domestic air routes still having a monopoly management position under the form of State-prescribed price ranges and air routes for which units have registered fare prices.

3.2.5. Provide specific guidance on aviation services at airports regulated in Article 21 of Government Decree No. 83/2007/NĐ-CP dated May 25, 2007 on the management of airport operation.

3.3. Service Supply Units

3.3.1. Develop pricing plans, price ranges for aviation services, domestic passenger transport fare price ranges, and maximum fuel surcharges as prescribed in Clause 3.1 Point 3 Section II of this Circular, report to the Ministry of Finance and the Ministry of Transport (Vietnam Civil Aviation Authority).

The pricing plan is calculated based on the principles stipulated in Point 2 Section II of this Circular and the Pricing Regulation for assets, goods, and services as prescribed in relevant legal normative documents of the Ministry of Finance. The pricing plan file shall be implemented according to Appendix No. 1 attached to this Circular.

3.3.2. Decide on specific ticket prices, fuel surcharges on domestic routes; specific prices for services prescribed in Clause 3.1.1 and Clause 3.1.3 Point 3.1 Section II of this Circular within the service price range and maximum fuel surcharge set by the Ministry of Finance.

3.3.3. Decide on air cargo transportation fares and other aviation service prices not included in the list prescribed in Clause 3.1 Point 3 Section II of this Circular.

3.4. Adjustment of state-set prices and procedures, deadlines for setting prices: Implemented according to the provisions of Article 9 and Article 10 of Government Decree No. 170/2003/NĐ-CP dated December 25, 2003 detailing certain provisions of the Price Law.

4. Price Registration

4.1. Price registration is the act of service supply units registering service prices prescribed in Clause 4.2 Point 4 Section II of this Circular with the competent state management agency.

4.2. Services subject to price registration:

Domestic air transportation services on routes outside those for which the State prescribes price ranges.

In addition to the above services, based on actual circumstances, the Vietnam Civil Aviation Authority may specify the supplementation and modification of the list of services subject to price registration after obtaining the agreement of the Ministry of Finance.

4.3. Forms, contents, and procedures for price registration:

4.3.1. Price registration is carried out in the form of units submitting a price registration document to the agency receiving the registration file, which is the Ministry of Transport (Vietnam Civil Aviation Authority) and the Ministry of Finance (Price Management Department), no later than 15 days before the planned implementation date. After the 15-day period, if there is no request for explanation from the agency receiving the registration file, the unit will provide the service according to the registered price, while implementing price display in accordance with the law.

4.3.2. The price registration file includes:

- The price registration document of the unit, including the effective period of the registered price and accompanying documents;

- A table of specific registered prices;

- An explanation of the pricing structure according to the registered service.

The price registration file is specified in Appendix No. 2 attached to this Circular.

4.3.3. Procedures for price registration:

- Initial price registration is carried out when the unit first registers prices with the agency receiving the registration file as stipulated in this Circular;

- Re-registration of prices is carried out when the unit adjusts the price up or down compared to the previous registration level.

4.4. Rights and responsibilities of agencies and units:

4.4.1. For units registering prices:

- Implement price registration for their services in accordance with this Circular and related legal normative documents;

- Bear responsibility under the law for the registered prices.

4.4.2. For agencies receiving price registration files:

Receive price registration files submitted by units; review the content of the registered prices; require units to stop providing services according to the registered prices if unreasonable factors are found in the prices registered by the units and require re-registration.

5. Price Declaration

5.1. Service supply units declare service prices prescribed in Clause 5.2 Point 5 Section II of this Circular to the agency receiving the declaration file, which is the Ministry of Transport (Vietnam Civil Aviation Authority) and the Ministry of Finance (Price Management Department), no later than 15 days before the planned implementation date. After the 15-day period, if there is no request for explanation from the agency receiving the declaration file, the unit will provide the service according to the declared price, while implementing price display in accordance with the law.

5.2. Service prices declared through the declaration method include:

- Specific prices for services prescribed in Clause 3.1.1 and Clause 3.1.3 Point 3.1 Section II of this Circular;

- Prices for services within the unit's pricing authority (excluding services subject to price registration).

5.3. Forms, contents, and procedures for price declaration:

5.3.1. Price declaration is carried out in the form of units submitting a document along with the service pricing decision of their own unit to the agency receiving the declaration file.

5.3.2. The price declaration file includes:

- The unit's document including the effective period of the declared price and accompanying documents;

- A table of specific declared prices;

- Analysis of reasons for increasing/decreasing prices compared to the immediately preceding declared price.

The price declaration file is specified in Appendix No. 3 attached to this Circular.

5.3.3. Procedures for price declaration:

- Initial price declaration is carried out when the unit first declares prices with the agency receiving the declaration file as stipulated in this Circular;

- Re-declaration of prices is carried out when the unit adjusts the price up or down compared to the immediately preceding declared price.

5.4. Rights and responsibilities of organizations and individuals:

5.4.1. For agencies receiving price declaration files:

Upon receiving the price declaration dossier, if the authority does not approve the declared service price; it shall only record the date of receipt of the document and stamp the declaration dossier according to administrative procedures; in cases where unreasonable factors in the declared price are discovered, the declaring entity shall be required to resubmit the declaration.

5.4.2.  For the entities declaring prices:

- Shall declare the service prices of their units in accordance with this Circular and relevant legal documents;

- Shall bear legal responsibility for the declared price levels.

6. Price Negotiation for Air Services

6.1. Conditions for Organizing Price Negotiations:

Price negotiations shall be organized for services that meet the following conditions:

- The service is not included in the list of prices set by the State;

- Important services produced and supplied under special conditions, with characteristics of monopoly purchase and sale, interdependence among buyers and sellers without substitutes, and limited market competition;

- At the request of one of the two parties when they fail to agree on the purchase and sale prices for signing a contract.

6.2. Authority to Organize Price Negotiations:

The Ministry of Finance (Price Management Department) shall take the lead and coordinate with the Ministry of Transport (Civil Aviation Administration of Vietnam) to organize price negotiations for services meeting the provisions of Clause 6.1 Section II of this Circular or at the request of the Prime Minister, heads of ministries, or government agencies.

6.3. Documents for Price Negotiations Include:

6.3.1. A document requesting price negotiation from one of the two parties or a request for price negotiation from the competent state management agency.

6.3.2. The negotiation pricing plan:

a) In cases where the seller must negotiate prices compulsorily at the request of the competent authority or the seller requests price negotiation themselves, the negotiation pricing plan must clearly explain the following contents:

- Production and consumption, supply and demand situation of goods and services;

- Analysis of the proposed negotiation price level;

- Summary of the pricing structure based on price-forming factors, analysis and explanation of the pricing structure;

- Analysis of the impact of the new price level on production and business efficiency; financial activities; living standards of workers in the enterprise and obligations to the state budget;

- Issues that the seller has not yet agreed with the buyer, arguments of the seller regarding unresolved issues;

- Any recommendations (if applicable).

b) In cases where the buyer must negotiate prices compulsorily at the request of the competent authority or the buyer requests price negotiation themselves, the negotiation pricing plan must explain the following contents:

- Summary of the pricing structure based on price-forming factors of goods and services produced by the buyer calculated according to the new input price expected by the seller. Explanation of the pricing structure;

- Analysis of the impact of the new price level on production and business efficiency, financial activities, living standards of workers in the enterprise, product selling prices, consumer acceptance, comparison with similar products on the market, and obligations to the state budget;

- Issues that the buyer has not yet agreed with the seller, arguments of the buyer regarding unresolved issues;

- Other recommendations (if applicable).

6.3.3. If both the buyer and seller must negotiate prices compulsorily at the request of the competent authority or only one party requests price negotiation, both parties must prepare the negotiation dossier according to the guidance above.

6.3.4. The negotiation dossier shall be prepared according to the unified model attached as Appendix No. 4 to this Circular and submitted to the competent authority organizing the negotiation at least three copies in advance, and also sent to the other party.

6.4. Results of Price Negotiations

6.4.1. The results of price negotiations shall be implemented in accordance with Article 12 of the Pricing Ordinance. In cases where the two parties have not reached an agreement on the price after organizing negotiations, the Ministry of Finance will decide a temporary price for the parties to implement.

6.4.2. The temporary price decision announced by the Ministry of Finance shall be valid for a maximum of six months. During the implementation period of the temporary price decision, the parties may negotiate purchase and sale prices.

If the parties reach an agreement on the price, they shall implement the agreed price and report the agreed price level and implementation period to the competent authority organizing the negotiation.

After the six-month period, if the parties cannot agree on the price, the Ministry of Finance will reorganize price negotiations in accordance with Clause 6.1 Section II of this Circular, and during the negotiation period, the parties will continue to implement the temporary price decision.

III. IMPLEMENTATION

1. Service Supply Units

1.1. Shall comply with price management regulations as guided in this Circular and relevant legal documents.

1.2. Shall display prices at transaction locations for buying and selling, providing services. For services with specific prices set by the State, they must display the specified price. For services with specific prices issued by the unit within the framework of the State's price range or services within the unit's pricing authority, they shall display the price set by the unit.

1.3. Upon request by the Ministry of Finance, the Ministry of Transport (Civil Aviation Administration of Vietnam), they shall be responsible for preparing and submitting reports on the implementation of air service prices at their units. For units that are members of Vietnam National Aviation Corporation, reporting on the implementation of prices according to the provisions of this Circular shall be centralized through Vietnam National Aviation Corporation.

2. Inspection and Supervision of Price Implementation

The Ministry of Finance, the Ministry of Transport, and the Civil Aviation Administration of Vietnam shall independently or jointly organize inspections and supervision of compliance with price levels and state regulations on price management at units; promptly handle violations according to current regulations.

IV. IMPLEMENTATION PROVISIONS

1. This Circular takes effect fifteen days after its publication in the Official Gazette; it abolishes Circular Jointly Issued No. 22/2007/TTLT/BTC-BGTVT dated March 21, 2007, of the Ministry of Finance and the Ministry of Transport guiding the management of domestic air cargo transportation rates and airport aviation service fees in Vietnam.

2. During implementation, if any difficulties arise, units shall promptly report to the Ministry of Finance and the Ministry of Transport (Vietnam Civil Aviation Administration) for consideration and resolution./.