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

 

 

JOINT CIRCULAR

Guidelines on the management of domestic air cargo transportation rates and airport aviation services

in Vietnam

 

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

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

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

            Pursuant to the Government Decree No. 77/2003/NĐ-CP dated July 1, 2003 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 the Government Decree No. 83/2007/NĐ-CP dated May 25, 2007 on the management of civil aviation airports and airfields;

            The Ministry of Finance and the Ministry of Transport jointly issue guidelines on the management of domestic air cargo transportation rates and airport aviation services 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 guidelines provide guidance on the principles for determining domestic air cargo transportation rates (goods, passengers) and airport aviation service rates in Vietnam outside the scope of the Fees and Charges Ordinance; the authority and responsibility of agencies and units in establishing, submitting, reviewing pricing plans, and deciding 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 guidelines apply to organizations and individuals in Vietnam and foreign organizations and individuals (hereinafter referred to as units) permitted to supply and use domestic air cargo transportation services and airport aviation services in Vietnam (hereinafter referred to as aviation services).

3. Currency for Payment

3.1. Domestic air cargo transportation rates sold within the territory of Vietnam and aviation service rates 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 aviation service rates 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 rate in the inter-bank foreign exchange market published by the State Bank of Vietnam at the time of payment.

II. SPECIFIC PROVISIONS

1. Forms of Price Management

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

1.1. The State decides on prices and price ranges for services included in the State's pricing list.

1.2. Units implement price registration and declaration for services within their jurisdiction with competent state management authorities.

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

2. Principles for Determining Domestic Air Cargo Transportation Rates and Airport Aviation Service Rates

In addition to implementing the Pricing Regulation for Assets, Goods, and Services and related guiding documents issued by 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 rates:

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

2.2.2. Airport aviation service rates 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 similar services, consistent with economic and social development policies during each period, and consistent with the average price level of similar services in the ASEAN region.

3. Authority and Responsibility of Agencies and Units in Establishing, Submitting, Reviewing Pricing Plans, and Deciding Prices for Services

3.1. Ministry of Finance:

Decides 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 operating under monopoly status.

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

3.1.2. Landing and take-off service rates; air traffic control departure and arrival services; support services for flight operations; security screening services; passenger service rates.

3.1.3. Price range for some aviation services still operating under monopoly status 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 service rates for airline representative office space in terminal areas;

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

g) Fuel supply and refueling service rates for domestic flights;

h) Automatic baggage sorting service rates.

3.1.4. Aircraft charter service rates implemented under the State's procurement and assignment tasks paid from the State budget.

3.2. Ministry of Transport:

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

3.2.2. Taking the lead in reviewing the content and price levels registered and declared by units.

3.2.3. Guide units to implement pricing decisions, price ranges, maximum fuel surcharges as prescribed by the State; management regulations on prices set forth 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 holding a monopoly position managed through state-prescribed price ranges and air routes for which units register fare prices.

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

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 (Civil Aviation Administration of Vietnam).

Pricing plans are calculated based on 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 dossier is implemented according to Appendix No. 1 attached to this Circular.

3.3.2. Determine specific ticket prices, fuel surcharges on domestic air routes; specific prices for services stipulated 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 limit prescribed by the Ministry of Finance.

3.3.3. Determine 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. Adjusting State-set Prices and Procedures, Time Limits for Price Decisions: Implemented according to the provisions of Article 9 and Article 10 of Decree No. 170/2003/NĐ-CP dated December 25, 2003 of the Government detailing certain provisions of the Price Ordinance.

4. Price Registration

4.1. Price registration is the act of service supply units registering their service prices as 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 transport services on routes outside those for which the State prescribes price ranges.

In addition to the above services, the Civil Aviation Administration of Vietnam may supplement or amend the list of services subject to price registration based on actual conditions, after obtaining the agreement of the Ministry of Finance.

4.3. Forms, Contents, and Procedures for Price Registration:

4.3.2. The price registration dossier includes:

- A price registration document from 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 for the registered service.

The price registration dossier 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 dossier as prescribed in this Circular;

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

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 legal responsibility for the registered price.

4.4.2. For agencies receiving price registration dossiers:

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

5. Declaration of Service Prices

5.2. Service prices declared under the declaration system include:

- Specific prices for services stipulated 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 by units submitting a document along with their service pricing decision to the agency receiving the declaration dossier.

5.3.2. The price declaration dossier includes:

- A document from the unit including the effective period of the declared price and accompanying documents;

- A table of specific declared prices;

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

The price declaration dossier 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 dossier as prescribed 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 declaration dossiers:

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 affix its stamp on 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 related 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, characterized by monopoly purchase and sale, interdependence among buyers and sellers who cannot substitute each other, and limited market competition;

- At the request of one of the two parties when they fail to agree on the purchase or sale price 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, the head of a ministry-level agency, or a government-affiliated agency.

6.3. Documents for Price Negotiations Include:

6.3.1. A proposal for 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, the negotiation pricing plan must clearly explain the following contents:

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

- Analysis of the proposed negotiation price level;

- Summary of the pricing structure based on price-forming factors, with an 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 upon with the buyer, the seller's arguments regarding these 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, 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 to be sold 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 product prices on the market, and obligations to the state budget;

- Issues that the buyer has not yet agreed upon with the seller, the buyer's arguments regarding these 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 the buyer or only the seller requests price negotiation, both parties must prepare the negotiation dossier according to the guidance above.

6.4. Results of Price Negotiations

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

6.4.2. The temporary price decision announced by the Ministry of Finance shall be effective for a maximum of six months. During the implementation period of the temporary price decision, the parties may negotiate the 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 have not reached an agreement on the price, the Ministry of Finance will organize another price negotiation according to the provisions of 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. Implement price management regulations as guided by this Circular and related legal documents.

1.2. Post prices at transaction locations for buying and selling, providing services. For services with specific prices set by the State, post prices according to the specified prices. For services with specific prices set within the framework of State-guided prices or services within the unit's pricing authority, post prices according to the unit's specified prices.

1.3. Upon request by the Ministry of Finance, the Ministry of Transport (Civil Aviation Administration of Vietnam), units 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 Airlines Corporation, reporting on the implementation of prices according to the provisions of this Circular shall be centralized through Vietnam Airlines Corporation.

2. Inspection and Supervision of Price Implementation

The Ministry of Finance, the Ministry of Transport, and the Civil Aviation Administration shall independently or jointly inspect and supervise 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 revokes Circular Joint Circular No. 22/2007/TTLT/BTC-BGTVT dated March 21, 2007, issued by the Ministry of Finance and the Ministry of Transport on 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./.