Decree number on air cargo transportation 208/2026/NĐ-CP

✦ Smart summary

This Decree details the business of air cargo transportation, including business conditions, procedures for issuing licenses, aircraft management, and related services such as passenger tickets and baggage. It applies to both domestic and international airlines operating in Vietnam.

Scope of application

Vietnamese and foreign agencies, organizations, and individuals involved in civil aviation activities in Vietnam.

Key points

Air cargo transportation businesses must meet minimum capital requirements (300-700 billion VND), organizational structure, and aircraft operation plans.
Issuing an Air Cargo Transportation Business License within 5-15 working days based on complete and compliant documentation.
Businesses must maintain minimum capital requirements throughout their operations (3 years for regular commercial transport, 2 years for dedicated use).
Vietnamese airlines must establish and publicly announce standards for regular commercial air cargo transportation services.
Carriers are responsible for refunding tickets to passengers in cases of flight cancellations, schedule changes, or delays.

🌐 Social impact of this document

Creating opportunities for businesses engaged in commercial and dedicated air cargo transportation.
Considering the interests of citizens through safe and efficient transportation services.
Ensuring passenger rights in ticket refunds and compensation for damages.
Increasing administrative burdens on businesses when implementing aircraft management requirements and service provision.

❓ Frequently asked questions

What conditions must a business meet to engage in commercial air cargo transportation?

Meeting minimum capital requirements (300-700 billion VND), organizational structure, and aircraft operation plans.

What is the timeframe for issuing an Air Cargo Transportation Business License?

Within 5-15 working days based on complete and compliant documentation.

For how long must a business maintain minimum capital requirements?

3 years for regular commercial air cargo transportation, 2 years for dedicated air cargo transportation.

What responsibility does a Vietnamese airline have regarding service standards?

Establishing and publicly announcing service standards on the company's official website as required.

In which situations must carriers refund tickets to passengers?

In cases of flight cancellations, schedule changes, or delays.

Full text

THE GOVERNMENT

________

NUMBER: 208/2026/NĐ-CP

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

_______________________________________

HA NOI, June 15, 2026

DECREE

ON AIR CARGO TRANSPORTATION

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Civil Aviation Law of Vietnam No. 130/2025/QH15;

At the proposal of the Minister of Construction;

THE GOVERNMENT ISSUES THE DECREE ON AIR CARGO TRANSPORTATION.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain provisions of the Civil Aviation Law of Vietnam No. 130/2025/QH15 regarding air cargo transportation, including:

1. Article 22 on leasing and purchasing aircraft.

2. Article 37 on coordinating departure and arrival times at airports.

3. Article 49 on air cargo transportation.

4. Article 50 on air cargo transportation regulations.

5. Article 51 on rights in air cargo transportation.

6. Article 52 on commercial air cargo transportation services activities.

7. Article 53 on passenger and baggage transportation.

8. Article 57 on cargo transportation.

9. Article 63 on general aviation.

10. Clause 8 of Article 64 on damage compensation limits and liability limits for carriers.

11. Point d of Clause 1 of Article 99 on managing commercial air cargo transportation, dedicated air cargo transportation, and general aviation; rights in air cargo transportation; coordinating departure and arrival times at airports.

Article 2. Applicability

This Decree applies to domestic and foreign agencies, organizations, and individuals related to civil aviation activities in Vietnam.

Article 3. PRINCIPLES FOR ADMINISTRATIVE PROCEDURES

1. Organizations and individuals implementing administrative procedures shall be responsible for:

a) Truthfully, fully, and accurately declaring information in the application for administrative procedure resolution and bearing responsibility for such information; bearing responsibility for civil transactions, documents, and other materials in the administrative procedure resolution file;

b) Bearing responsibility for the accuracy and truthfulness of information and documents in the administrative procedure file.

2. Administrative procedure files may be submitted online through the National Public Service Portal or directly at the One-Stop Service Center of the Civil Aviation Authority of Vietnam or via postal service.

3. The results of administrative procedure resolution shall be provided electronically, except when citizens or organizations request paper copies. Electronic administrative procedure files and resolution results have the same legal effect as paper copies.

4. Application forms, declaration forms, and components of administrative procedure files that contain information already available in the national population database or specialized databases shall be replaced with data from these databases when they are operational.

Article 4. Documents Proving Capital Conditions

1. An audit report on the equity capital at the time of applying for a Commercial Air Cargo Transportation Business License or Dedicated Air Cargo Transportation Business License is a document proving the capital condition.

2. A business currently engaged in commercial air cargo transportation or dedicated air cargo transportation may use its audited financial statements for the previous year or an audit report on equity capital at the time of application as proof of capital conditions in the following cases:

a) Increasing or decreasing capital;

b) Adding regular commercial air cargo transportation, irregular commercial air cargo transportation, or dedicated air cargo transportation types;

c) Annual report on maintaining capital conditions.

3. In cases where the business has foreign investors contributing capital, purchasing shares, or purchasing equity interests, the document proving the proportion of foreign investor's capital contribution shall comply with the Securities Law and the enterprise must provide a list of members and shareholders.

4. The list of members and shareholders at the time of submitting the application file must include the following information:

a) Full name; personal identification number or identity card or citizen identity card or passport of individual members and shareholders;

b) Name and establishment/registration decision number of organizational members and shareholders;

c) Nationality and contact address of members and shareholders;

d) Number of shares, capital contributions, and capital contribution agreements among shareholders and members.

Article 5. REGIME OF REPORTING AIR CARGO TRANSPORTATION

1. The regime of reporting air cargo transportation includes statistical reports on air cargo transportation, general aviation operations, and periodic reports on compliance with air cargo transportation business conditions and internal control activities general aviation.

2. Statistical reports on air cargo transportation and general aviation operations shall be carried out in accordance with the regulations of the Minister of Construction.

3. Enterprises engaged in commercial air cargo transportation, dedicated air cargo transportation, and organizations and individuals engaged in general aviation shall implement a periodic reporting regime on maintaining business conditions for air cargo transportation and internal control activities general aviation as follows:

a) Annually or upon request of the Civil Aviation Authority of Vietnam, review and report on business conditions for business conditions ||| according to Model No. 07 and ||| certificate according to Model No. 08 attached to this Decree;

b) Reporting methods: reports can be presented in paper form or electronic form. Reports shall be sent to the Civil Aviation Authority of Vietnam through one of the following methods: direct submission, online submission, or postal service;

c) Deadline for submitting reports: before April 30 of the next year of the reporting year. Data closing period for reports: from January 1 to December 31 of the reporting year.

Chapter II

COMMERCIAL AIR CARGO TRANSPORTATION BUSINESS

Section 1

COMMERCIAL AIR CARGO TRANSPORTATION BUSINESS

Article 6. Provisions on Commercial Air Transport Business

1. A new enterprise engaging in regular commercial air transport business must obtain investment approval in accordance with the Investment Law.

2. An enterprise engaged in commercial air transport business must meet the conditions regarding capital, organizational structure, and aircraft operation plans as stipulated in Articles 7, 8, and 9 of this Decree.

3. An enterprise granted a license for commercial air transport business for regular transportation services may also operate irregular commercial transportation services.

4. Within three years from the date of issuance of the commercial air transport business license, the enterprise must provide or operate air transport services.

5. Minimum number of aircraft to be maintained throughout the period of commercial air transport business operations:

a) Three aircraft for enterprises engaged in regular commercial air transport business;

b) One aircraft for enterprises engaged in irregular commercial air transport business.

Article 7. Capital Conditions

1. The minimum level of charter capital required to establish and maintain regular commercial air transport business operations:

a) Operating up to ten aircraft: 300 billion Vietnamese dong;

b) Operating eleven to thirty aircraft: 600 billion Vietnamese dong;

c) Operating more than thirty aircraft: 700 billion Vietnamese dong.

2. The minimum level of charter capital required to establish and maintain irregular commercial air transport business operations is 100 billion Vietnamese dong.

3. Enterprises engaged in commercial air transport business with foreign investors contributing capital, purchasing shares, or acquiring equity interests must satisfy the following conditions:

a) Foreign investors holding no more than 34% of the registered capital;

b) At least one Vietnamese individual or Vietnamese legal entity holding the largest portion of the registered capital;

c) If the Vietnamese legal entity referred to in point b of this clause has foreign investors contributing capital, purchasing shares, or acquiring equity interests, then the foreign investor's share of the registered capital shall not exceed 49%.

4. For enterprises engaged simultaneously in commercial air transport and specialized air transport, the minimum level of charter capital required to establish and maintain operations is the higher amount between the two types of air transport businesses.

Article 8. Organizational Structure Conditions

1. Enterprises engaged in commercial air transport business must appoint a Chief Executive Officer and individuals responsible for key activities in safety management, quality management, security, flight operations, ground operations, crew training, and aircraft maintenance. Appointed personnel must have at least three consecutive years of experience in the relevant field.

2. For enterprises with foreign investment, the number of foreign nationals among the members of the management and operational team shall not exceed one-third of the total number of members. The management and operational team for calculating the ratio under this provision includes:

a) General Manager (Manager), Deputy General Managers (Deputy Managers), and Executive Directors according to the organizational structure of the enterprise;

b) Chief Accountant;

c) Individuals responsible for key areas such as safety management, quality management, security, flight operations, ground operations, crew training, and aircraft maintenance, and equivalent positions determined according to the organizational structure of the enterprise.

Article 9. Conditions for the Business Plan with Aircraft Operations

A commercial air cargo transportation business must develop a business plan with aircraft operations, including the following contents:

1. The number, type, and age of aircraft; form of leasing or purchasing aircraft.

2. Operation plan, type of commercial air cargo transportation business planned.

3. Maintenance plan and human resources to ensure operation and maintenance of aircraft.

Article 10. Procedures and Formalities for Issuing a Commercial Air Cargo Transportation Business License

1. An enterprise applying for a Commercial Air Cargo Transportation Business License shall submit one set of application dossier in accordance with Clause 2, Article 3 of this Decree.

2. The application dossier for a Commercial Air Cargo Transportation Business License includes:

a) Application form for license issuance: one original or electronic form according to Model No. 01 attached to this Decree;

b) Copy or electronic copy of the business plan with aircraft operations;

c) Original or certified electronic copy from the original or certified electronic copy issued from the original record proving the capital condition in accordance with Article 4 of this Decree;

d) Copy or electronic copy of the investment approval document in accordance with Clause 1, Article 6 of this Decree;

đ) Copy or electronic copy of the lease or purchase contract, principle contract, or agreement regarding the leasing or purchasing of aircraft showing the form of leasing or purchasing aircraft;

e) Copy or electronic copy of the company's articles of operation showing organizational structure.

3. The Civil Aviation Administration of Vietnam shall accept and review the dossier within three working days from the date of receipt of the dossier. In case the dossier meets the prescribed requirements, it will be accepted and the fee for examination will be notified.

In case the dossier does not meet the prescribed requirements, a notification guiding the enterprise to supplement and complete the dossier will be issued.

4. Within five working days from dated receiving the notification of the examination fee from the Civil Aviation Administration of Vietnam, the enterprise is responsible for paying the fee as prescribed.

If the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the dossier to the enterprise.

5. Within ten working days from the date of full payment of the examination fee, the Civil Aviation Administration of Vietnam will conduct the examination of the dossier:

a) In case the dossier meets the prescribed conditions, the Civil Aviation Administration of Vietnam will report the examination results to the Ministry of Construction;

b) In case the dossier does not meet the conditions for resolution, the Civil Aviation Administration of Vietnam will issue a document requiring the enterprise to supplement and complete the dossier, specifying the reasons and contents that need to be supplemented;

c) Within fifteen working days from the date of receipt of the document from the Civil Aviation Administration of Vietnam, the enterprise is responsible for completing the dossier in accordance with the requirements;

d) In case the enterprise does not resubmit the dossier within the time limit prescribed in point c of this clause, the Civil Aviation Administration of Vietnam will close the dossier;

đ) In case the enterprise resubmits the dossier within the time limit prescribed in point c of this clause, the Civil Aviation Administration of Vietnam will continue the dossier examination process, the resolution period being recalculated from the beginning.

In case the dossier meets the prescribed conditions, the Civil Aviation Administration of Vietnam will report the examination results to the Ministry of Construction;

In case the dossier does not meet the prescribed conditions, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the dossier.

6. Within three working days from the date of receipt of the examination result report from the Civil Aviation Administration of Vietnam, the Ministry of Construction sends a request for opinions of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Finance on issuing a Commercial Air Cargo Transportation Business License.

7. Within seven working days from the date of receipt of the document requesting opinions from the Ministry of Construction as stipulated in Clause 6 of this Article, the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Finance are responsible for replying to the Ministry of Construction on issuing a Commercial Air Cargo Transportation Business License.

Exceeding the deadline for submitting written opinions without any opinion is understood as agreement on the issuance of a Commercial Air Cargo Transportation Business License.

8. Within seven working days from the date of receipt of the opinions of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Finance, the Ministry of Construction will compile and issue a document notifying the Civil Aviation Administration of Vietnam about the opinions on issuing a Commercial Air Cargo Transportation Business License.

9. Within five working days from the date of receipt of the written opinion of the Ministry of Construction, the Civil Aviation Administration of Vietnam will issue a Commercial Air Cargo Transportation Business License according to Model No. 02 attached to this Decree or issue a document notifying, specifying the reasons for not issuing a Commercial Air Cargo Transportation Business License.

Article 11. Revocation of Commercial Air Transport Business License

1. The Commercial Air Transport Business License shall be revoked in the following cases:

a) Failure to maintain capital requirements for three consecutive years;

b) Intentionally falsifying information in the application dossier;

c) Failure to provide or exploit air transport services in accordance with Clause 4, Article 6 of this Decree;

d) Ceasing commercial air transport operations for thirty-six consecutive months;

đ) Operating contrary to the contents recorded in the license;

e) Ceasing operations in accordance with the provisions of the law;

g) Failure to meet the minimum number of aircraft as stipulated in Clause 5, Article 6 of this Decree for six consecutive months;

h) Failure to meet the conditions for issuing the license as prescribed by law.

2. The provision on revoking the Commercial Air Transport Business License under point a, Clause 1 of this Article shall not apply in the following cases:

a) Natural disasters, epidemics;

b) Other cases as prescribed by law on emergency situations.

3. The Civil Aviation Administration of Vietnam shall issue a decision to revoke the license and notify the enterprise subject to the revocation of the license.

4. An enterprise whose Commercial Air Transport Business License is revoked pursuant to this Article must immediately cease commercial air transport operations.

Article 12. Procedures and Formalities for Reissuing the Commercial Air Transport Business License

1. The Commercial Air Transport Business License shall be reissued in the following cases: loss, damage, or deterioration of the license (for paper copies) or changes in the contents recorded in the license, or revocation of the license due to non-compliance with the conditions stipulated in points a, c, d, and g, Clause 1 of Article 11 of this Decree.

2. An enterprise requesting the reissue of the Commercial Air Transport Business License shall submit one set of documents in accordance with Clause 2, Article 3 of this Decree.

3. Components of the reissue application dossier:

a) For the reissue application dossier due to loss, damage, or deterioration of the license (for paper copies), it includes: one original copy of the application form for reissuing the license or electronic form according to Model No. 01 attached to this Decree;

b) For the reissue application dossier due to changes in content, it includes: one original copy of the application form for reissuing the license or electronic form according to Model No. 01 attached to this Decree; related documents concerning the changes in the license's content;

c) For the reissue application dossier due to revocation, it includes: one original copy of the application form for reissuing the license or electronic form according to Model No. 01 attached to this Decree; a report on measures taken to address the reasons for the license revocation; related documents proving compliance with the licensing conditions.

4. Procedures and formalities for reissuing the Commercial Air Transport Business License in cases of changes in the contents recorded in the license or revocation due to non-compliance with the conditions stipulated:

a) The Civil Aviation Administration of Vietnam shall accept and review the dossier within three working days from the date of receipt. If the dossier components comply with regulations, it will accept the dossier and notify the payment of the examination fee.

In case the dossier does not meet the prescribed requirements, a notification guiding the enterprise to supplement and complete the dossier will be issued.

b) Within five working days from dated receiving the notification of the examination fee from the Civil Aviation Administration of Vietnam, the enterprise is responsible for paying the fee as prescribed.

If the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the dossier to the enterprise.

c) Within ten working days from the date of full payment of the examination fee, the Civil Aviation Administration of Vietnam shall conduct the examination of the dossier.

If the dossier meets the stipulated conditions, the Civil Aviation Administration of Vietnam shall reissue the Commercial Air Transport Business License according to Model No. 02 attached to this Decree;

If the dossier does not meet the conditions for resolution, the Civil Aviation Administration of Vietnam shall issue a document requiring the enterprise to supplement and complete the dossier, specifying the reasons and the required supplements.

d) Within fifteen working days from the date of receipt of the Civil Aviation Administration of Vietnam's document, the enterprise shall be responsible for completing the dossier as required.

đ) If the enterprise fails to resubmit the dossier within the time limit specified in point d of this clause, the Civil Aviation Administration of Vietnam shall close the dossier.

e) If the enterprise resubmits the dossier within the time limit specified in point d of this clause, the Civil Aviation Administration of Vietnam shall continue the dossier examination process, resetting the resolution period.

In case the dossier does not meet the prescribed conditions, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the dossier.

5. Procedures and formalities for reissuing the Commercial Air Transport Business License due to loss, damage, or deterioration:

In case the dossier does not meet the prescribed requirements, a notification guiding the enterprise to supplement and complete the dossier will be issued.

If the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the dossier to the enterprise.

c) Within five working days from the date of full payment of the examination fee, the Civil Aviation Administration of Vietnam shall reissue the Commercial Air Transport Business License according to Model No. 02 attached to this Decree.

6. The reissued Commercial Air Transport Business License must contain the content replacing the previously issued license.

Article 13. Changes to enterprises must be reported

An enterprise engaged in air cargo transportation must report to the Civil Aviation Administration of Vietnam within thirty days from the date of implementing any of the following contents:

1. Changing the content of the Enterprise Registration Certificate, ceasing operations in accordance with the Law on Enterprises.

2. Changing organizational structure as provided for in Article 8 of this Decree.

3. Changing members of the management board.

4. Changing shareholders holding five percent or more of the charter capital.

Article 14. On the use of brands by Vietnamese airlines

1. The trade name or trademark or both of the airline must be displayed on signs, outside aircraft used in air cargo transportation.

2. Vietnamese airlines shall not:

a) Use a brand that causes confusion with another airline;

b) Use another airline's brand for commercial air cargo transportation activities, except in cases provided for in Clause 3 and Clause 4 of this Article.

3. Vietnamese airlines are permitted to use aircraft bearing another airline's brand for commercial air cargo transportation activities in the following cases:

a) Leased aircraft with their own flight crews;

b) Aircraft belonging to a group of companies under the parent-subsidiary company form as prescribed by laws on enterprises.

4. Vietnamese airlines may only use aircraft bearing a common brand of an airline alliance of which the airline is a member, provided that such brand is not a proprietary brand of any other airline.

Section 2

REGULATIONS ON AIR TRANSPORT, RIGHTS TO REGULAR INTERNATIONAL AIR TRANSPORT AND ACTIVITIES OF REPRESENTATIVE OFFICES AND BRANCHES

OF THE REPRESENTATIVE OFFICE, BRANCH

Article 15. Regulations on air transport of enterprises engaged in regular commercial air cargo transportation

1. Vietnamese airlines engaged in regular commercial air cargo transportation have the responsibility to promulgate and publish Air Transport Regulations. These regulations must include at least the following contents:

a) Obligations of the airline in case of flight schedule changes, delays, cancellations, passengers being refused carriage;

b) The airline's policy and provisions regarding ticket refunds;

c) The airline's liability for damage in passenger, baggage, and cargo transportation;

d) Time limits for complaints and lawsuits against the airline to claim compensation for damages.

2. Within seven working days from the date of issuance or change of content of the Air Transport Regulations, Vietnamese airlines engaged in regular commercial air cargo transportation have the responsibility to submit the Air Transport Regulations to the Civil Aviation Administration of Vietnam for inspection and supervision of the carrier's responsibilities.

Article 16. Conditions and procedures for granting rights to regular international air transport to Vietnamese airlines

1. A Vietnamese airline granted rights to regular international air transport must meet the following conditions:

a) Complying with the provisions of international conventions on commercial air transport to which the Socialist Republic of Vietnam is a party;

b) Meeting market demand and the airline's capacity;

c) Meeting the capacity of airport infrastructure.

2. A Vietnamese airline requesting rights to regular international air transport submits one set of documents as stipulated in Clause 2, Article 3 of this Decree. The documents include:

a) Original document requesting rights to regular international air transport or electronic form according to Form No. 03 attached to this Decree;

b) Report on the contents as prescribed in Clause 1 of this Article (specifying routes and planned exploitation plans).

3. Procedures for granting rights to regular international air transport:

a) The Civil Aviation Administration of Vietnam receives and examines the documents within two working days from the date of receipt of the documents. If the documents comply with the required components, the Civil Aviation Administration of Vietnam will notify the receipt of the documents.

If the documents do not comply with the requirements, there will be a notification guiding the airline to supplement and complete them.

b) Within seven working days from the date of receiving all documents, the Civil Aviation Administration of Vietnam conducts an examination of the documents:

If the documents meet the prescribed conditions, the Civil Aviation Administration of Vietnam grants rights to regular international air transport to the airline;

c) Within fifteen working days from the date of receiving the notification from the Civil Aviation Administration of Vietnam, the airline has the responsibility to complete the documents according to the requirements stated in the notification of the Civil Aviation Administration of Vietnam;

d) If the airline does not resubmit the documents within the time limit specified in point c of this clause, the Civil Aviation Administration of Vietnam will close the file;

đ) If the airline resubmits the documents within the time limit specified in point c of this clause, the Civil Aviation Administration of Vietnam continues the examination process, the processing time is recalculated from the beginning.

If the documents meet the prescribed conditions, the Civil Aviation Administration of Vietnam grants rights to regular international air transport to the airline;

In case the dossier does not meet the prescribed conditions, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the dossier.

Article 17. Conditions and Procedures for Granting Rights to Regular International Air Transport Services to Foreign Airlines

1. Foreign airlines granted rights to regular international air transport services must meet the following conditions:

a) Complying with the provisions of international conventions on commercial air transport to which the Socialist Republic of Vietnam is a party;

b) Being a foreign airline designated or confirmed as designated under an international treaty to which the Socialist Republic of Vietnam is a party;

c) Meeting market demand and the capacity of the airline;

d) Meeting the capacity of airport infrastructure facilities.

2. A foreign airline requesting rights to regular international air transport services shall submit one set of documents as prescribed in Clause 2, Article 3 of this Decree. The documents include:

a) Original document requesting rights to regular international air transport or electronic form according to Form No. 03 attached to this Decree;

b) A copy of the Aircraft Operator Certificate;

c) A report on the contents prescribed in Clause 1 of this Article (specifying the route and planned operation schedule);

d) A copy of the document confirming the legal status and Operating Regulations of the airline;

đ) A document from the state of the foreign airline designating or announcing the designation of that airline's right to operate commercial air transportation services under an international treaty to which the Socialist Republic of Vietnam is a party.

3. The procedures for granting rights to regular international air transport services to foreign airlines shall be carried out in accordance with the provisions of Clause 3, Article 16 of this Decree.

Article 18. Representative Office and Branch of Foreign Airlines in Vietnam

1. Foreign airlines may establish a Representative Office or Branch in Vietnam in accordance with the laws on commerce and international treaties to which the Socialist Republic of Vietnam is a party, and shall notify the Civil Aviation Administration of Vietnam about the establishment of the Representative Office or Branch in Vietnam so that the Civil Aviation Administration of Vietnam can carry out state management over civil aviation.

2. The Representative Office and Branch of foreign airlines in Vietnam have rights and obligations as prescribed by the laws on commerce and are responsible for receiving and coordinating the handling of customer complaints.

3. The Representative Office performs functions representing the operation of air cargo transportation of foreign airlines in Vietnam, promoting trade, researching the market, and developing commercial cooperation with Vietnamese enterprises, excluding the provision of commercial air transportation services.

4. The Branch of foreign airlines in Vietnam operates to provide air transportation services, sell tickets, air waybills, and related services to the air transportation activities of foreign airlines in Vietnam and other airlines based on contracts, marketing, and advertising for commercial air transportation services and the activities of the Representative Office as prescribed in Clause 3 of this Article.

Section 3

SPECIALIZED AIR TRANSPORTATION BUSINESS

Article 19. Provisions on Specialized Air Transportation Business

1. Enterprises engaged in specialized air transportation business must meet the capital, organizational structure, and aircraft operation plan conditions prescribed in Articles 20, 21, and 22 of this Decree.

2. The provisions on conditions for specialized air transportation business do not apply to organizations providing training and instruction services for crew members, flight instructors, and calibration pilots.

3. Within two years from the date of issuance of the Specialized Air Transportation Business License, the enterprise must commence providing or operating specialized air transportation services.

4. The minimum number of aircraft maintained throughout the period of specialized air transportation business operations is one aircraft.

5. The use of the brand of Vietnamese enterprises engaged in specialized air transportation business shall be implemented in accordance with the provisions of Article 14 of this Decree.

Article 20. Capital Conditions

1. The minimum capital for establishing and maintaining a specialized air cargo transportation business is 10 billion Vietnamese dong.

2. A specialized air cargo transportation business with foreign investors contributing capital, purchasing shares, or purchasing equity contributions must meet the following conditions:

a) Foreign investors may hold no more than 34% of the registered capital.

b) At least one Vietnamese individual or Vietnamese legal entity holding the largest portion of the registered capital;

Article 21. Organizational Structure Conditions

A specialized air cargo transportation business must appoint an Executive Director and individuals responsible for the main activities in safety management, quality management, security management, flight operations, ground operations, crew training, and aircraft maintenance management. Appointed personnel must have at least three consecutive years of experience in the relevant field.

Article 22. Conditions for Having Aircraft for Operation

A specialized air cargo transportation business must develop a plan for having aircraft for operation, including the following contents:

1. The number, type, and age of aircraft; form of leasing or purchasing aircraft.

2. The operation plan, the type of specialized air cargo transportation business expected.

3. Maintenance plan and human resources to ensure operation and maintenance of aircraft.

Article 23. Procedures and Formalities for Issuing a Specialized Air Cargo Transportation Business License

1. A specialized air cargo transportation business requesting a license shall submit one set of application documents as prescribed in Clause 2, Article 3 of this Decree.

2. The application documents for issuing a specialized air cargo transportation business license include:

a) Application form for license issuance: one original or electronic form according to Model No. 01 attached to this Decree;

b) A copy or electronic copy of the plan for having aircraft for operation;

c) Original or certified electronic copy from the original or certified electronic copy issued from the original record proving the capital condition in accordance with Article 4 of this Decree;

d) A copy or electronic copy of the contract, basic agreement, or agreement regarding the leasing or purchase of aircraft showing the form of leasing or purchasing aircraft;

đ) A copy or electronic copy of the Company's Operating Regulations showing the organizational structure.

In case the dossier does not meet the prescribed requirements, a notification guiding the enterprise to supplement and complete the dossier will be issued.

If the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the dossier to the enterprise.

5. Within fifteen working days from the date of receiving the assessment fee, the Civil Aviation Authority of Vietnam will conduct an assessment of the application documents:

a) In case the application documents meet the stipulated conditions, the Civil Aviation Authority of Vietnam will issue a specialized air cargo transportation business license according to Model No. 02 attached to this Decree;

b) In case the application documents do not meet the conditions for resolution, the Civil Aviation Authority of Vietnam will issue a document requiring the business to supplement and complete the application documents, specifying the reasons and the content that needs to be supplemented.

6. Within fifteen working days from the date of receiving the notification from the Civil Aviation Authority of Vietnam, the business has the responsibility to complete the application documents according to the requirements.

If the business does not resubmit the application documents within the prescribed time limit, the Civil Aviation Authority of Vietnam will close the application.

7. In case the business resubmits the application documents within the time limit specified in Clause 6 of this Article, the Civil Aviation Authority of Vietnam will continue the application document review process, the resolution period being recalculated from the beginning:

b) In case the application documents do not meet the stipulated conditions, the Civil Aviation Authority of Vietnam will notify the refusal, specifying the reasons and closing the application.

Article 24. Revocation of Specialized Air Cargo Transportation Business License

1. The specialized air cargo transportation business license will be revoked in the following cases:

a) Failure to maintain the minimum capital for two consecutive years;

b) Intentionally falsifying information in the application dossier;

c) Failure to provide or operate specialized air cargo transportation services as prescribed in Clause 3, Article 19 of this Decree;

d) Ceasing specialized air cargo transportation business operations for twenty-four consecutive months;

đ) Operating contrary to the contents recorded in the license;

e) Ceasing operations in accordance with the provisions of the law;

g) Failure to meet the minimum number of aircraft as prescribed in Clause 4, Article 19 of this Decree for six consecutive months;

h) Failure to meet the conditions for issuing the license as prescribed by law.

2. The revocation provision at point a, Clause 1 of this Article shall not apply in the following case:

a) Natural disasters, epidemics;

b) Other cases as prescribed by law on emergency situations.

3. The Civil Aviation Administration of Vietnam shall issue a decision to revoke the license and notify the enterprise subject to the revocation of the license.

4. A business whose specialized air cargo transportation business license is revoked under this Article must immediately cease specialized air cargo transportation business operations.

Article 25. Procedure and Formalities for Reissuing the Business License for Specialized Air Cargo Transport

1. The Business License for Specialized Air Cargo Transport shall be reissued in cases of loss, damage, or deterioration (for paper copies), changes to the contents recorded in the license, or revocation of the license due to non-compliance with the conditions stipulated in point a, c, d, and g of Clause 1 of Article 24 of this Decree.

2. An enterprise requesting a reissue of the Business License for Specialized Air Cargo Transport shall submit one set of documents as prescribed in Clause 2 of Article 3 of this Decree.

3. Components of the reissue application dossier:

c) The components of the application package for reissuing a revoked license include: one original declaration form for reissuing the license or electronic form according to Form No. 01 attached to this Decree; report on measures taken to address the reasons for the license's revocation; relevant documents proving compliance with licensing conditions.

4. Procedure and formalities for reissuing the Business License for Specialized Air Cargo Transport in cases of changes to the contents recorded in the license or revocation due to non-compliance with stipulated conditions:

In case the dossier does not meet the prescribed requirements, a notification guiding the enterprise to supplement and complete the dossier will be issued.

If the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the dossier to the enterprise.

c) Within ten working days from the date of receipt of the full fee for examination, the Civil Aviation Authority of Vietnam shall conduct an examination of the application package.

If the application package meets the stipulated conditions, the Civil Aviation Authority of Vietnam shall reissue the Business License for Specialized Air Cargo Transport according to Form No. 02 attached to this Decree.

d) Within fifteen working days from the date of receipt of the document from the Civil Aviation Authority of Vietnam, the enterprise shall complete the application package according to the requirements.

đ) In case the enterprise fails to resubmit the application package within the time limit specified in point d of this clause, the Civil Aviation Authority of Vietnam shall close the application package.

In case the dossier does not meet the prescribed conditions, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the dossier.

5. Procedure and formalities for reissuing the Business License for Specialized Air Cargo Transport due to loss, damage, or deterioration:

In case the dossier does not meet the prescribed requirements, a notification guiding the enterprise to supplement and complete the dossier will be issued.

If the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the dossier to the enterprise.

c) Within five working days from the date of receipt of the full fee for examination, the Civil Aviation Authority of Vietnam shall reissue the Business License for Specialized Air Cargo Transport according to Form No. 02 attached to this Decree.

6. The reissued Business License for Specialized Air Cargo Transport must contain provisions replacing the previously issued license.

Chapter III

LEASING AND PURCHASING AIRCRAFT FOR CIVIL AVIATION IN VIETNAM

FOR NON-COMMERCIAL PURPOSES IN VIETNAM

Article 26. Forms of Leasing and Purchasing Aircraft

1. Aircraft leasing includes the following forms:

a) Leased aircraft with their own flight crews;

b) Leasing aircraft without crew.

2. Provisions on leasing aircraft with crew

a) The form of leasing aircraft with crew involves the lessee operating the leased aircraft based on the Aircraft Operator Certificate of the lessor; the lessor is responsible for ensuring compliance with safety standards for maintenance and operation of the aircraft.

b) An enterprise engaged in air cargo transport may only implement leasing with crew if it holds an Aircraft Operator Certificate. The number of leased aircraft with crew shall not exceed ten units.

c) The lease term for one (01) aircraft with crew operated by a foreign aircraft operator shall not exceed twelve consecutive months.

3. Provisions on leasing aircraft without crew

a) The form of leasing aircraft without crew involves the leased aircraft being operated based on the Aircraft Operator Certificate of the lessee; the lessee is responsible for ensuring compliance with safety standards for maintenance and operation of the aircraft.

b) In cases where organizations or individuals lease aircraft without crew from abroad, if there are special requirements from the lessee regarding onboard equipment, communication, and navigation devices, such requirements must be approved by the Civil Aviation Authority of Vietnam.

4. Aircraft purchasing includes the following forms:

a) Purchasing aircraft involves organizations or individuals acquiring ownership rights to the aircraft from the seller through a sale transaction in accordance with the law.

b) Lease-purchase of aircraft involves organizations or individuals implementing the leasing of aircraft from the lessor with a commitment to transfer ownership rights or an option to repurchase the aircraft upon completion of the lease period and fulfillment of contractual obligations.

5. Contracts for leasing, lease-purchasing, or purchasing aircraft must be documented in writing.

Article 27. Plan for Developing the Fleet of Aircraft

1. Vietnamese air cargo enterprises are responsible for developing an annual and five-year plan for developing the fleet of aircraft (including operational plans for the fleet of aircraft) to carry out civil aviation activities in Vietnam.

2. The plan for developing the fleet of aircraft includes the following contents:

a) Forecasting domestic and international air cargo market demand and the need for aircraft usage in commercial air cargo operations and specialized air cargo operations.

b) For regular commercial air cargo operations, reporting on the planned route network; transportation volume, turnover (passengers, cargo); seat and load factors; market share on the entire international and domestic network.

c) For irregular commercial air cargo operations and specialized air cargo operations, reporting on the forecasted need for aircraft usage, number of flights, and total flight hours.

d) The number and types of aircraft expected to be purchased or leased annually and over a five-year period.

đ) Plan for ensuring resources (human resources, financial resources) for operating and maintaining the fleet of aircraft.

3. Enterprises are responsible for notifying the Civil Aviation Authority of Vietnam about the plan for developing the fleet of aircraft at the following deadlines:

a) For the annual plan, before December 1st of the year preceding the planning year.

b) For the five-year plan, the first report must be submitted within sixty days from the effective date of this Decree. For subsequent five-year plans, enterprises must report before December 1st of the last year of the immediately preceding five-year planning period.

4. New Vietnamese air cargo enterprises that obtain a Business License for Air Cargo Transport after the effective date of this Decree must submit the reports stipulated in Clause 1 of this Article within thirty days from the date of obtaining the license.

5. In cases where the contents of the plan for developing the fleet of aircraft as stipulated in Clause 2 of this Article are modified or supplemented, enterprises must notify the Civil Aviation Authority of Vietnam within thirty days from the date of modification or supplementation of the plan.

6. The Civil Aviation Administration of Vietnam shall base its consideration and approval for the introduction of aircraft into Vietnam for civil aviation operations on the development plan of the Vietnamese air transport enterprises' aircraft fleet and the infrastructure of the airport enterprises.

Article 28. Requirements for organizations and individuals in leasing and purchasing aircraft to be introduced into civil aviation operations in Vietnam

1. Organizations and individuals leasing or purchasing aircraft have the obligation to participate and explain their leasing or purchasing activities for aircraft to be operated in Vietnam.

2. Organizations and individuals leasing or purchasing aircraft have the obligation to report to the Civil Aviation Administration of Vietnam any violations by the parties involved in the execution of the lease or purchase contracts.

3. The introduction of leased or purchased aircraft into Vietnam for civil aviation operations must be approved in writing by the Civil Aviation Administration of Vietnam after reviewing the contents stipulated in Clause 2 of Article 22 of the Civil Aviation Law of Vietnam.

4. The age of second-hand aircraft imported into Vietnam is regulated as follows:

a) For aircraft used for passenger transportation: not more than 15 years from the date of manufacture to the date of importation into Vietnam under the purchase or lease-purchase contract; not more than 25 years from the date of manufacture to the end of the lease contract;

b) For aircraft used for cargo transportation, mail, parcels, and specialized air services: not more than 20 years from the date of manufacture to the date of importation into Vietnam under the purchase or lease-purchase contract; not more than 35 years from the date of manufacture to the end of the lease contract;

c) For other types of aircraft not specified in points a and b of this clause: not more than 25 years from the date of manufacture to the date of importation into Vietnam under the purchase or lease-purchase contract; not more than 35 years from the date of manufacture to the end of the lease contract;

d) The provisions of points a, b, and c of this clause shall not apply to aircraft used for defense and security purposes.

Article 29. Procedures and formalities for approving organizations and individuals to introduce leased or purchased aircraft into civil aviation operations in Vietnam

1. Organizations and individuals requesting approval to introduce aircraft into civil aviation operations in Vietnam shall submit one set of documents as prescribed in Clause 2 of Article 3 of this Decree.

2. The documents shall include:

a) The original application form or electronic form according to Model No. 04 attached to this Decree;

b) A report on compliance with technical requirements for the aircraft; operation and maintenance organization of the aircraft; conformity with the aircraft fleet development plan reported to the Civil Aviation Administration of Vietnam as stipulated in Article 27 of this Decree; compatibility with the aviation infrastructure structure; lease term, aircraft age, type, and quantity;

c) Copies of relevant documents: certificates related to the aircraft; maintenance contract for the aircraft accompanied by the Maintenance Certificate issued by the service provider; agreement on liability insurance for passengers, baggage, cargo, and third parties on the ground; agreement with the airport operator regarding overnight parking positions;

d) Copies of the Aircraft Operator Certificate issued by the state of the operator for cases where the aircraft is leased with crew;

đ) Copies of documents proving the leasing or purchasing of aircraft by organizations and individuals;

e) Copies of documents confirming the legal status and business activities of the lessor; documents showing the rights (ownership, possession, use) of the lessor over the aircraft.

3. Procedure for implementing the formalities:

In case the documents are incomplete as prescribed, there will be a notification guiding organizations and individuals to supplement and complete them.

b) Within five working days from dated Upon receiving the notification of payment of the review fee from the Civil Aviation Administration of Vietnam, organizations and individuals are responsible for paying the fee as prescribed.

In case organizations and individuals fail to pay the fee within the prescribed time limit, the Civil Aviation Administration of Vietnam will refuse and return the documents to organizations and individuals.

c) Within five working days from the date of receipt of the full review fee, the Civil Aviation Administration of Vietnam will conduct a review of the leasing or purchasing of aircraft and the documents prescribed in Clause 2 of this Article;

In case the documents meet the requirements for introducing aircraft into civil aviation operations in Vietnam as prescribed, the Civil Aviation Administration of Vietnam will issue a document approving the introduction of aircraft into civil aviation operations in Vietnam by organizations and individuals;

In case the documents do not meet the conditions for processing, the Civil Aviation Administration of Vietnam will issue a document requiring organizations and individuals supplementation and completion of the documents, specifying the reasons and contents that need to be supplemented.

d) Within fifteen working days from the date of receipt of the document from the Civil Aviation Administration of Vietnam, organizations and individuals they are responsible for completing the documents as required;

đ) In case organizations and individuals do not resubmit the documents within the time limit prescribed in point d of this clause, the Civil Aviation Administration of Vietnam will close the file;

e) In case organizations and individuals resubmit the documents within the time limit prescribed in point d of this clause, the Civil Aviation Administration of Vietnam will continue the review process, and the processing time will be recalculated from the beginning.

In case the documents do not meet the requirements for introducing aircraft into civil aviation operations in Vietnam as prescribed, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the file.

4. The content of the document approving the introduction of aircraft into civil aviation operations in Vietnam by organizations and individuals must include the following information:

a) The number, type, and start date of introducing aircraft into civil aviation operations in Vietnam;

b) The leasing form and end date of introducing aircraft into civil aviation operations in Vietnam for leased aircraft;

c) Information about the buyer for purchased aircraft; the lessee and lessor for leased and lease-purchased aircraft.

5. In case of changing any of the contents specified in Clause 4 of this Article, organizations and individuals shall submit one set of documents in accordance with the provisions of Clause 2, Article 3 of this Decree for the Civil Aviation Administration of Vietnam to approve in writing. The dossier includes: one original application form or electronic form according to Model No. 04 attached to this Decree; related documents concerning the change in content. The procedure for implementing the examination process of the changed contents shall be carried out in accordance with the provisions of Clause 3 of this Article.

6. The provisions of this Article shall not apply to the leasing of aircraft for a period not exceeding seven (07) consecutive days in the following cases:

a) Replacing another aircraft for special aircraft duties or for other state public purposes;

b) Replacing an aircraft involved in an accident or technical malfunction;

c) Replacing an aircraft that cannot be operated due to force majeure.

Organizations and individuals leasing aircraft as stipulated in this clause must send the Aircraft Operator Certificate of the lessor to the Civil Aviation Administration of Vietnam.

Chapter IV

PASSENGER AND BAGGAGE CARRIAGE,

CARGO AND CIVIL LIABILITY

Section 1

PASSENGER AND BAGGAGE CARRIAGE

Article 30. Passenger Ticket, Baggage Ticket

1. A passenger ticket is a transportation document for air passenger transport and serves as evidence of the conclusion of a contract and the conditions thereof. A passenger ticket issued to an individual or group shall include the following contents:

a) Departure point and destination;

b) Indication of at least one agreed stopover point in the case of transport with departure and arrival points within the territory of the same country and one or more agreed stopover points in the territory of another country.

2. Means of storing information on the contents prescribed in Clause 1 of this Article may replace the issuance of a passenger ticket; in such cases, the carrier shall be responsible for informing passengers about the provision of stored information records.

3. A baggage ticket shall be issued by the carrier when collecting fees for excess baggage or related services; the baggage ticket must clearly indicate the amount collected from the passenger by the carrier and serve as the basis for determining the carrier's liability for the baggage.

4. The carrier must issue a baggage tag for each piece of checked baggage to the passenger.

5. The conclusion of a contract for passenger and baggage carriage lacking one or several of the contents prescribed in Clauses 1, 2, 3, and 4 of this Article shall not affect the existence and legal validity of the contract.

Article 31. Standards for Regular Commercial Air Transport Services

1. Vietnamese airlines engaged in regular commercial air transport services shall be responsible for establishing and publicly announcing standards for regular commercial air transport services on their websites in accordance with the provisions of Clause 2 of this Article, except where the Vietnamese airline is not the actual carrier.

2. The content announced on the website shall include:

a) Services and conditions applicable to each type of passenger ticket and baggage ticket;

b) On-time performance index (OTP) for departures and arrivals on the domestic route network, quarterly. The OTP index shall be published before the last day of the first month of the next quarter;

c) Passenger services at departure, arrival, connecting points, and in the event of passenger refusal of entry;

d) Priority services for elderly passengers, passengers with disabilities, or those requiring care during transportation, and the conditions for applying these services;

đ) The airline's regulations on additional services including the refund to passengers of surcharges for additional services not provided as agreed;

e) List of restricted and refused items for carriage;

g) Refund procedures for passengers based on the payment method at the time of ticket purchase or other agreed methods; processing fees for refunds; additional service fees according to the airline's policy;

h) Obligations of the carrier in the event of flight schedule changes, delays, cancellations, or refusal of transportation to passengers.

3. Airlines engaged in regular commercial air transport services shall be responsible for providing the services specified in points c and d of Clause 2 of this Article at airports in accordance with the regulations of the Minister of Construction.

4. The Civil Aviation Administration of Vietnam shall be responsible for inspecting, supervising, and evaluating the implementation of the contents prescribed in Clause 2 of this Article by carriers.

Article 32. Baggage Transportation

1. Baggage includes:

a) Checked baggage is the passenger's baggage transported on the aircraft and kept by the carrier during transportation;

b) Cabin baggage is the baggage carried onto the aircraft by the passenger and kept by the passenger during transportation.

2. The baggage of each passenger must be transported together with the passenger on the same flight, except for the following cases:

a) Transportation of lost baggage;

b) Baggage retained due to safety, security, and operational reasons of the flight;

c) Transportation of diplomatic bags, consular bags;

d) A passenger who dies on board the aircraft and whose body has been removed from the aircraft;

đ) Baggage transported as cargo including pre-departure and post-arrival baggage of passengers;

e) Force majeure situations.

3. In case of delayed baggage transportation, the carrier shall be responsible for delivering the baggage to the address agreed upon with the passenger and compensating the passenger for reasonable and provable expenses.

4. In case of damage to checked baggage, the carrier shall not be liable if the damage occurred due to the inherent natural characteristics or defects of the checked baggage.

Article 33. Disposal of Baggage

1. Baggage may be disposed of if there is no claimant within thirty days from the date of arrival at the destination; perishable baggage may be disposed of before this period.

2. The Ministry of Finance shall prescribe the procedures and formalities for disposing of baggage in accordance with the laws on Customs.

Article 34. Passenger Service Procedures

1. Vietnamese air carriers engaged in regular commercial air transport must establish passenger service procedures and notify the Civil Aviation Administration of Vietnam and airport authorities of any amendments or supplements (if any) to organize supervision of implementation.

2. Passenger service procedures include the following basic contents:

a) Serving passengers at airports;

b) Serving passengers on board aircraft;

c) Serving passengers of delayed, canceled flights, or refused carriage;

d) Serving passengers using special services;

đ) Serving passengers, baggage at departure points, destination points, connecting points;

e) Serving passengers with disabilities and passengers requiring special assistance.

Article 35. Provisions on Refund of Tickets for regular commercial air transport operations

1. Ticket refunds apply to voluntary and involuntary refunds.

2. Voluntary refund refers to the passenger's initiative to terminate the transportation contract and request a full or partial refund of the ticket price according to the fare conditions and transportation terms of each type of ticket.

3. Involuntary refund refers to partial or full refunds for unused tickets in the following cases:

a) Cancellation of the flight;

b) Change in flight schedule earlier or later than five hours compared to the departure time specified in the passenger's ticket;

c) Failure to guarantee confirmed seat;

d) Delay of four hours or more;

đ) Missing a connecting flight of the same carrier;

e) Safety or legal reasons;

g) The condition or behavior of the passenger;

h) War, epidemic, weather, strike.

4. For tickets that can be refunded:

a) In the case of voluntary refund, the carrier is responsible for refunding the ticket price and unused amounts to the passenger after deducting the refund fee as prescribed by the carrier. Unused amounts include: taxes, fees, service prices set by the State or competent authority, collected amounts; additional service charges as prescribed by the carrier;

b) In the case of involuntary refund, the carrier is responsible for refunding the entire unused ticket price and unused amounts mentioned in point a of this clause, except for the cases stipulated in Articles 3, 4, and 5 of Article 54 of the Civil Aviation Law of Vietnam.

5. For tickets that cannot be refunded:

a) In the case of voluntary refund, the carrier is responsible for refunding the following amounts: taxes, fees, service prices set by the State or competent authority, collected amounts and additional service charges as prescribed by the carrier that have not been used by the passenger;

b) In the case of involuntary refund due to the carrier's fault, the carrier is responsible for refunding the entire unused ticket price and the amounts mentioned in point a of this clause;

c) In the case of involuntary refund due to the passenger's fault, the carrier is responsible for refunding the amounts mentioned in point a of this clause;

d) In the case of involuntary refund not due to the carrier's fault and not due to the passenger's fault, the carrier is responsible for refunding the amounts mentioned in point b of this clause or retaining the amount for the passenger according to the carrier's regulations.

6. The carrier is responsible for refunding tickets to passengers in the form of payment used when purchasing the ticket or another form agreed upon. For tickets purchased through intermediaries, the carrier is responsible for refunding the money to the intermediary according to the agreement between both parties, and the intermediary is responsible for refunding the money to the passenger in the form of payment used when purchasing the ticket or another form agreed upon.

7. Involuntary refunds for changes in flight schedules and prolonged delays as stipulated in point b and point d of Clause 3 of this Article shall be implemented according to the provisions of point b of Clause 2 of Article 37 and point b of Clause 6 of Article 36 of this Decree.

8. The Minister of Construction shall provide detailed regulations on methods and deadlines for refunding tickets to passengers.

Article 36. Obligations of the Carrier towards Passengers in Case of Delayed Flights

1. Flight schedule based on:

a) The flight schedule based on is the published flight schedule of the carrier for booking seats and selling tickets to passengers, the updated version up to 15:00 hours (Hanoi time - data closing time) of the day before the expected operation date;

b) Data from the flight schedule based on must be transferred into the data system of the airport operator and service providers for passenger terminal operations, and the estimated departure time according to this schedule must be displayed in the Estimated Departure Time According to Schedule (STD) column on the flight information display system (FIDS) at the airport;

c) The flight schedule based on must be published on the carrier's electronic information website so that passengers can access it for domestic flights.

2. A delayed flight is a flight with an actual departure time later than 15 minutes compared to the scheduled departure time based on. A prolonged delayed flight is a flight delayed for 4 hours or more compared to the scheduled departure time based on.

3. When the carrier anticipates a flight delay, the carrier has the obligation:

a) To promptly notify, apologize to passengers, and state the reason for the delay;

b) To update the new estimated departure time for the airport operator and service providers for passenger terminal operations to display on the flight information screen at the airport at least once every 30 minutes.

4. For flights delayed by two hours or more:

a) Serve drinks or provide vouchers of equivalent value to passengers;

b) Within the scope of services provided by the carrier, the carrier is responsible for rebooking the departure time or rerouting the journey to ensure passengers reach their final destination when requested, exempting conditions limiting changes in route or flight and related surcharges (if any) in case of delays due to the carrier's fault.

5. For flights delayed by three hours or more, the carrier has the obligation to serve meals or provide vouchers of equivalent value and comply with the provisions of Clause 4 of this Article.

6. For flights delayed by four hours or more, the carrier has the obligation:

a) To comply with the provisions of Clause 5 of this Article;

b) To refund the full ticket price or refund the unused portion of the ticket if the passenger does not agree to comply with the provisions of Point b, Clause 4 of this Article;

c) To prepay non-refundable compensation for passengers who have confirmed their seats and hold tickets on the flight. Prepayment of non-refundable compensation shall only be made once per flight, including cases of delay in the cabin specified in Article 38 of this Decree;

d) The provisions of Points b and c of this Clause apply only in cases of delays due to the carrier's fault.

7. For flights delayed by six hours or more, the carrier has the obligation:

a) To comply with the provisions of Clause 6 of this Article;

b) In cases where the delay time is between 07:00 and 22:00, appropriate accommodation must be arranged based on the actual conditions of the airport. If the delay time is between 22:00 of the previous day and 07:00 of the following day, appropriate sleeping or resting accommodations must be arranged based on the actual conditions of the local area or alternative solutions if agreed by the passenger;

c) The provision of Point b of this Clause does not apply if the passenger accepts a refund of the ticket.

8. The provisions regarding the carrier's obligations to ensure food, drink, and rest for passengers in this Article only apply to passengers holding tickets, having confirmed their seats, and present at the airport.

9. The Minister of Construction shall stipulate detailed regulations on the amount of prepayment of non-refundable compensation; methods and deadlines for prepayment of non-refundable compensation; obligations to disclose information and report by the carrier in cases of flight delays, cancellations, and refusal to transport passengers.

Article 37. Obligations of the Carrier towards Passengers in Case of Flight Schedule Changes

1. Changing the flight schedule of a flight means that the carrier changes the expected departure time of a flight identified by a flight number that has been sold.

2. From the time of sale to the time of publication of the reference schedule, if the carrier changes the flight schedule earlier or later than five hours from the departure time on the ticket, the carrier shall be responsible for performing the following obligations:

a) Informing the passenger;

b) Refunding the ticket for the passenger or changing the itinerary, changing the departure time appropriately or transferring to another flight within 72 hours from the departure time on the ticket to ensure the passenger reaches the final destination according to the passenger's request.

3. After the time of publication of the reference schedule:

a) For flights with an expected departure time later than 15 minutes from the reference schedule, the carrier must perform the obligation as stipulated in Article 36 of this Decree;

b) For flights with an expected departure time earlier than four hours from the reference schedule, the carrier must perform as specified in point b of this clause;

c) For flights with an expected departure time varying within a range earlier than four hours or later than 15 minutes from the reference schedule, the carrier shall implement according to the regulations of the airline.

Article 38. Obligations of the Carrier towards Passengers in Case of Delay with Passengers on Board (Tarmac Delay)

1. A delay with passengers on board is determined when the aircraft is closed, there are passengers on board but it has not taken off, and the period from the time the aircraft door is closed until the actual take-off time exceeds 30 minutes.

2. In case of a delay with passengers on board, the carrier must perform the following obligations:

a) Providing drinking water to passengers;

b) Ensuring ventilation, temperature control in the passenger cabin, and meeting the hygiene needs of passengers;

c) In cases where passengers require urgent medical assistance, the carrier must provide appropriate medical support based on the actual situation;

d) In cases where the flight is delayed for more than three hours without a confirmed departure time, the carrier must allow passengers to disembark, except in cases affecting safety and security.

3. For flights delayed with passengers on board, the carrier shall fulfill its obligations as prescribed in Article 36 of this Decree. The delay time for determining the carrier's obligations is calculated from the expected departure time according to the reference schedule to the actual take-off time.

Article 39. Obligations of the Carrier towards Passengers in Case of Cancellation or Refusal of Transportation

1. A cancelled flight is the non-execution of a flight associated with a flight number, with at least one passenger having confirmed their seat and holding a ticket. The following changes in flight numbers shall not be considered as cancelled flights:

a) A flight must change its flight number due to operational reasons;

b) At the request of an authorized agency.

2. A passenger refused transportation is a passenger who has confirmed their seat and holds a ticket but is refused transportation by the carrier. 3. Immediately upon cancellation or refusal of transportation, the carrier must perform the following obligations:

a) Timely informing, apologizing to the passenger, and stating the reason for the flight cancellation or the reason for refusing transportation.

b) In cases of the carrier's fault, providing the following options for the passenger to consider and choose:

Changing the itinerary appropriately for the passenger or transferring to another flight to ensure the passenger reaches the final destination, exempting the conditions limiting the change of itinerary or flight transfer and related surcharges (if any); or

Refunding the full ticket price or refunding the unused portion of the ticket.

If the passenger refuses to apply the options mentioned herein, the carrier may perform other obligations agreed upon with the passenger.

c) Caring for passengers, except in cases of the passenger's fault or if the passenger requests a refund:

For passengers waiting at the airport for two hours: serving drinking water or vouchers of equivalent value to the passenger.

For passengers waiting at the airport for three hours: serving meals and drinking water or vouchers of equivalent value to the passenger.

For passengers waiting at the airport for six hours or more, in addition to the obligations prescribed in point a of this clause, the carrier must arrange suitable accommodation: waiting time from 07:00 to before 22:00 must be arranged with suitable rest facilities based on the actual conditions of the airport; waiting time from 22:00 the previous day to before 07:00 the next day must be arranged with suitable sleeping accommodations based on the actual conditions of the locality or alternative solutions if agreed by the passenger.

d) Pre-paying compensation to passengers as prescribed in cases of the carrier's fault.

4. The obligations of the carrier stipulated in Articles 36, 37, 38, and this Article do not apply to:

a) Flights not publicly sold to passengers through the commercial air transport company's booking and ticketing system;

b) Flights of companies not engaged in regular commercial air transport operations.

b) Flights of enterprises not engaged in regular commercial air cargo transport.

Article 40. Cases Exempt from Compensation for Non-refundable Advance Payments

1. In the case of flight cancellation, the carrier is exempt from the obligation to compensate for non-refundable advance payments in the following situations:

a) Weather conditions affecting safe flight operation;

b) Security risks affecting safe flight operation;

c) The flight cannot be carried out according to the decision of the competent state authority;

d) Due to emergency medical situations or death of passengers or crew members after boarding;

đ) The aircraft scheduled for flight operation is destroyed or the fleet is destroyed;

e) Due to armed conflict, political instability, strikes affecting the flight;

g) When the air transportation infrastructure or air traffic service does not ensure the implementation of the flight;

h) Technical incidents occurring during aircraft operation, from the time the aircraft commander signs off on the aircraft's readiness to perform the flight until the end of the flight;

i) Passengers are rebooked or rescheduled to their destination according to the plan with departure time not earlier than two hours before the scheduled departure time of the canceled flight and arrival time at the final destination not later than four hours after the scheduled arrival time of the canceled flight;

k) Passengers are rebooked or rescheduled to reach the final destination of their journey within six hours of the originally scheduled arrival time for passengers with multi-segment flights or multiple flights with the same carrier;

l) Notification of flight cancellation was sent via text message, email, or equivalent means to passengers at least 48 hours before the scheduled departure time of the flight they were updated on;

m) Passengers did not register contact information with the carrier;

n) Passengers are transported free of charge; passengers are transported at reduced rates applicable to the carrier's employees, agents, partners, and customers using discounted tickets;

o) Passengers voluntarily relinquish their confirmed seats;

2. In the case of flight delay, the carrier is exempt from the obligation to compensate for non-refundable advance payments in the following situations:

a) The cases specified in points a, b, c, d, đ, e, g, h, k, n, and o of Clause 1 of this Article;

b) Passengers are rebooked or rescheduled to their destination by another flight with arrival time not exceeding four hours from the originally scheduled arrival time of the flight for which the passenger had a confirmed seat based on the schedule;

c) Passengers have been confirmed for ticket refunds by the carrier upon request in the situation stipulated in Clause 6 of Article 36 of this Decree;

3. The carrier is exempt from the obligation to compensate for non-refundable advance payments in the case of a delayed flight that is planned to use the same aircraft as the immediately preceding delayed flight due to one of the reasons specified in points a to h of Clause 1 of this Article;

4. In the case where a passenger is refused carriage under Article 54 of the Civil Aviation Law of Vietnam, the carrier is exempt from the obligation to compensate for non-refundable advance payments.

Section 2

CARGO TRANSPORTATION

Article 41. Airway bill or cargo receipt

1. The airway bill must be used when transporting goods by air. In cases where an information storage device is used instead of issuing an airway bill, upon the request of the consignor, the carrier shall issue a cargo receipt to the consignor for identification of the goods.

2. The carrier shall be liable to compensate the consignor for damages caused by their own fault or that of their employees due to incorrect, incomplete, or non-compliant entry of information provided by the consignor into the information storage devices specified in Clause 1 of this Article.

3. The conclusion of a goods transportation contract lacking one or more of the contents prescribed in Articles 42, 43, 44, and 45 This Decree does not affect the existence and legal validity of the contract.

Article 42. Contents of the airway bill and cargo receipt

1. Information on the consignor and consignee, including name, address, and contact details; place of departure and destination.

2. If the place of departure and destination are within the territory of one State and one or several agreed stopovers are within the territory of another State, at least one of these stopovers must be clearly indicated.

With the consent of the consignor, the carrier may adjust the stopover stipulated herein.

3. Description of the goods, including: detailed type of goods, quantity, weight, and dimensions.

Article 43. Issuance of the airway bill

1. The airway bill is established in three original copies by the consignor. The first copy is signed by the consignor and handed over to the carrier. The second copy is signed by both the consignor and the carrier and handed over to the consignee. The third copy is signed by the carrier and handed over to the consignor after receiving the goods.

2. The signatures of the carrier and the consignor may be printed or stamped.

3. The carrier's issuance of the airway bill at the request of the consignor shall be deemed to be acting on behalf of the consignor unless otherwise proven.

Article 44. Documents regarding the nature of the goods

In case of necessity, the consignor must present documents specifying the nature of the goods upon the request of the customs authority, police, other competent authorities, and the carrier. This provision does not create any additional liability or obligation for the carrier.

Article 45. Airway bill and cargo receipt for multiple consignments

When transporting multiple consignments, the carrier has the right to require the consignor to establish a separate airway bill for each consignment. In cases where an information storage device is used instead of issuing an airway bill as prescribed in Clause 1 of Article 41 of this Decree, the consignor has the right to request the carrier to issue a separate cargo receipt for each consignment.

Article 46. Delivery of Goods

1. The carrier must notify the consignee immediately after the goods have been transported to the destination, except in cases of agreement to the contrary.

2. The consignee has the right to request the carrier to deliver the goods upon payment of appropriate transportation costs, except in cases prescribed in Article 49 of this Decree.

3. The consignee, consignor, or their authorized representative may exercise the right to lodge complaints or initiate legal proceedings against the carrier pursuant to Article 69 of the Civil Aviation Law of Vietnam if the carrier acknowledges the loss of goods or the consignee does not receive the goods seven days after the date the goods were supposed to arrive at the destination.

Article 47. Relations between the consignor and the consignee or relations with third parties

1. The consignor and the consignee may exercise all their rights provided for in Article 49 of this Decree regardless of whether such actions are for the benefit of the consignor or the consignee, provided that they fulfill the obligations under the goods transportation contract.

2. The provisions of Clause 1 of this Article, Article 46, and Article 49 of this Decree shall not affect the relations between the consignor and the consignee, as well as relations with third parties having rights arising from the consignor or the consignee.

3. The contents prescribed in Clause 1 of this Article, Article 48, and Article 49 of this Decree may be agreed upon differently by the parties but must be specifically recorded in the air waybill or cargo receipt.

Article 48. Value of Evidence of Air Waybill and Cargo Receipt

1. Data recorded in the air waybill or cargo receipt regarding the weight, size, packaging of the goods, and the number of cargo units is prima facie evidence for complaints or lawsuits against the carrier.

2. Data recorded in the air waybill or cargo receipt regarding the quantity, volume, and condition of the goods do not have evidentiary value for complaints or lawsuits against the carrier, except where such data has been confirmed in the air waybill or cargo receipt as having been verified in the presence of the consignor or where such data can be clearly identified from the outside.

Article 49. Right to Dispose of Goods

1. The consignor has the right to retrieve the goods at the departure airport or arrival airport, store the goods at any permitted landing place during the journey, request delivery of the goods to another consignee at the destination or any other point during the journey, or request the return shipment of the goods to the departure airport.

The consignor's right to dispose of the goods shall not be exercised if its exercise impedes the normal operation of the carrier or causes inconvenience to other consignors. The consignor must pay the costs incurred from exercising the right stipulated herein.

2. In case the consignor's request cannot be fulfilled, the carrier must immediately notify the consignor.

3. If the carrier fulfills the consignor's requests but does not reclaim the issued air waybill or cargo receipt from the consignor, the carrier shall be liable for any damage caused to any person having rights over the air waybill or cargo receipt.

4. The consignor's right to dispose of the goods terminates from the moment the consignee requests the carrier to deliver the goods to them. In case the consignee refuses to accept the goods or the goods cannot be delivered to the consignee, the consignor still retains the right to dispose of the goods.

Article 50. Refusal to Accept Goods or Unclaimed Goods

1. In case the consignee refuses to accept the goods or there is no consignee, the carrier shall be obligated to store the goods and notify the consignor.

2. The consignor is responsible for paying the costs incurred during storage, preservation, and handling of unclaimed or refused goods. These costs include disposal fees, return shipping costs to the point of origin if requested by the consignor or as required by the competent authority.

Article 51. Sale of Goods

1. Goods may be sold under the following circumstances: when the consignee refuses to accept the goods or when the goods cannot be delivered to the consignee and the shipper refuses to take back the goods or does not respond regarding taking back the goods within sixty days from the date the carrier notifies the shipper; perishable goods may be sold before this period.

2. The amount received from selling the goods, after deducting related expenses for transportation, storage, and sale of the goods, must be returned to the entitled party; if the entitled party does not come to claim the amount within one hundred eighty days from the date of sale of the goods, the remaining amount must be deposited into the state budget.

3. The Ministry of Finance shall stipulate the procedures and formalities for selling goods in accordance with the laws on Customs.

Section 3

CIVIL LIABILITY

Article 52. Amount of Compensation for Damage

1. The amount of compensation by the carrier for damage to lost, missing, deficient, or damaged luggage and goods shall be calculated as follows:

a) According to the agreement between the parties, but not exceeding the actual value of the damage;

b) According to the declared value of the goods and checked baggage at the destination. If the carrier proves that the declared value is higher than the actual value, the amount of compensation shall be calculated based on the actual value of the damage;

c) Based on the actual value of the damage for undeclared goods and checked baggage;

d) Based on the actual value of the damage for carry-on baggage.

2. In cases where undeclared goods and checked baggage are lost, missing, deficient, or damaged and the actual value of the damage cannot be determined, the amount of compensation by the carrier shall be limited to the maximum liability for compensation for damage as prescribed in Article 53 of this Decree.

Article 53. Maximum Liability for Compensation for Damage by the Carrier

1. For passenger transport, the maximum liability for compensation for damage to passengers' lives and health is 151,880 (one hundred fifty-one thousand eight hundred eighty) units of calculation per passenger.

2. For passenger transport, the maximum liability for compensation for damage due to delayed transport is 6,303 (six thousand three hundred three) units of calculation per passenger.

3. For baggage transport, including checked baggage and carry-on baggage, the maximum liability for compensation for damage due to loss, deficiency, damage, or delayed transport is 1,519 (one thousand five hundred nineteen) units of calculation per passenger.

4. For cargo transport, the maximum liability for compensation for damage due to loss, deficiency, damage, or delayed transport is 26 (twenty-six) units of calculation per kilogram of cargo.

5. The unit of calculation is the currency unit determined by the International Monetary Fund and agreed upon as Special Drawing Rights (SDR).

Chapter V

COMMON AIR TRANSPORT

Article 54. Conditions for Issuing a Certificate of Registration for Common Air Transport Activities

1. A Certificate of Registration for Common Air Transport Activities shall be issued to organizations and individuals conducting common air transport activities in accordance with the law.

2. Conditions for issuing a Certificate of Registration for Common Air Transport Activities:

a) The entity eligible for issuance of the certificate: organizations established and operating in accordance with Vietnamese law, having their main office in Vietnam; representative offices or branches of foreign organizations in Vietnam; Vietnamese citizens permanently residing in Vietnam; foreigners permanently residing in Vietnam;

b) Having aircraft for operation;

c) Having maintenance facilities or having service contracts with maintenance facilities recognized by the Civil Aviation Administration of Vietnam;

d) Crew members holding appropriate licenses and certificates;

đ) The type of common air transport activity intended to be conducted is consistent with the operational function of the organization and the specific needs of the individual applying for issuance.

Article 55. Procedure for Issuing the Certificate of Registration for General Aviation Activities

1. Organizations and individuals requesting issuance of the Certificate of Registration for General Aviation Activities shall submit one set of documents in accordance with Clause 2 of Article 3 of this Decree.

2. The application package shall include the following documents:

a) The original application form for the Certificate of Registration for General Aviation Activities or an electronic form in accordance with Form No. 05 attached to this Decree;

b) A certified copy of the Residence Permit in Vietnam (for foreign citizens permanently residing in Vietnam); a certified copy of the Representative Office Establishment Permit or Branch Establishment Permit in Vietnam (for representative offices and branches of foreign organizations);

c) A certified copy of the Aircraft Nationality Registration Certificate and the Aircraft Airworthiness Certificate;

d) The aircraft operation and maintenance plan;

đ) A certified copy of the licenses and certificates of the flight crew members;

e) A certified copy of the Maintenance Facility Operating Permit and the aircraft maintenance service lease contract, if applicable;

In case the documents are incomplete as prescribed, there will be a notification guiding organizations and individuals to supplement and complete them.

4. Within five working days from dated Upon receiving the notification of payment of the review fee from the Civil Aviation Administration of Vietnam, organizations and individuals are responsible for paying the fee as prescribed.

In case organizations and individuals fail to pay the fee within the prescribed time limit, the Civil Aviation Authority of Vietnam shall refuse and return the documents to the organizations and individuals.

5. Within ten working days from the date of full payment of the examination fee, the Civil Aviation Administration of Vietnam will conduct the examination of the dossier:

a) If the documents meet the conditions as stipulated, the Civil Aviation Authority of Vietnam shall seek opinions from the Ministry of National Defense and the Ministry of Public Security on issuing the Certificate of Registration for General Aviation Activities to the organizations and individuals;

b) If the documents do not meet the conditions for processing, the Civil Aviation Authority of Vietnam shall issue a document requiring the organizations and individuals to supplement and complete the documents, specifying the reasons and contents that need to be supplemented;

c) Within fifteen working days from the date of receipt of the document from the Civil Aviation Authority of Vietnam, the organizations and individuals are responsible for completing the documents according to the requirements;

d) If the organizations and individuals fail to resubmit the documents within the time limit specified in point c of this clause, the Civil Aviation Authority of Vietnam shall seal the documents;

đ) If the organizations and individuals resubmit the documents within the time limit specified in point c of this clause, the Civil Aviation Authority of Vietnam shall continue the document review process, and the processing time limit shall be recalculated from the beginning;

If the documents meet the conditions as stipulated, the Civil Aviation Authority of Vietnam shall seek opinions from the Ministry of National Defense and the Ministry of Public Security on issuing the Certificate of Registration for General Aviation Activities to the organizations and individuals.

In case the dossier does not meet the prescribed conditions, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the dossier.

6. Within seven working days from dated receiving the document seeking opinions from the Civil Aviation Authority of Vietnam, the Ministry of National Defense and the Ministry of Public Security shall provide their responses to the Civil Aviation Authority of Vietnam regarding the issuance of the Certificate of Registration for General Aviation Activities to the organizations and individuals.

If there is no written opinion within the deadline, it shall be understood as agreement on the issuance of the Certificate of Registration for General Aviation Activities to the organizations and individuals.

7. Within five working days from dated receiving the document from the Ministry of National Defense and the Ministry of Public Security, the Civil Aviation Authority of Vietnam shall issue the Certificate of Registration for General Aviation Activities in accordance with Form No. 06 attached to this Decree or notify the refusal to issue the certificate to the organizations and individuals who submitted the application and specify the reasons.

Article 56. Revocation of the Certificate of Registration for General Aviation Activities

1. The Certificate of Registration for General Aviation Activities shall be revoked in the following cases:

a) Failure to meet the conditions for issuance of the certificate;

b) Conducting activities inconsistent with the content recorded in the certificate;

c) Conducting general aviation activities affecting national defense security, public interest, and social order;

d) Intentionally falsifying information in the registration documents;

đ) Death or loss of civil capacity of the individual;

e) The organization ceasing operations in accordance with the law.

2. The Civil Aviation Authority of Vietnam shall issue a decision to revoke the certificate and notify the Ministry of Public Security, the Ministry of National Defense, and the organizations and individuals subject to the revocation of the certificate.

3. Organizations and individuals whose Certificate of Registration for General Aviation Activities is revoked under this Article must immediately cease general aviation activities.

Article 57. Procedure for Reissuing the Certificate of Registration for General Aviation Activities

1. Organizations and individuals who have been issued a Certificate of Registration for General Aviation Activities that are lost, torn, damaged (for paper copies) or whose contents have changed must submit one set according to the provisions of Clause 2, Article 3 of this Decree.

2. The documents shall include:

a) The components of the application dossier for reissuing the Certificate due to loss, tearing, damage (for paper copies) include: one original copy of the application form requesting reissue of the Certificate of Registration for General Aviation Activities or an electronic form according to Form No. 05 attached to this Decree.

b) The components of the application dossier for reissuing the Certificate of Registration for General Aviation Activities due to changes in content include: one original copy of the application form requesting reissue of the Certificate of Registration for General Aviation Activities or an electronic form according to Form No. 05 attached to this Decree, and related documents concerning the changes.

3. Procedure for reissuing the Certificate of Registration for General Aviation Activities due to changes in content:

In case the documents are incomplete as prescribed, there will be a notification guiding organizations and individuals to supplement and complete them.

In case the enterprise fails to pay the fee within the prescribed time limit, the Civil Aviation Authority of Vietnam will refuse and return the dossier to the organization or individual.

c) Within seven working days from the date of receiving the full payment for the review, the Civil Aviation Authority of Vietnam will conduct the review of the dossier.

If the dossier meets the conditions stipulated, the Civil Aviation Authority of Vietnam will reissue the Certificate of Registration for General Aviation Activities according to Form No. 06 attached to this Decree.

If the dossier does not meet the conditions for resolution, the Civil Aviation Authority of Vietnam will issue a document requiring the organization or individual to supplement and complete the dossier, specifying the reasons and the content needed to be supplemented.

d) Within fifteen working days from the date of receipt of the document from the Civil Aviation Authority of Vietnam, the organization or individual is responsible for completing the dossier according to the requirements.

đ) In case organizations and individuals do not resubmit the documents within the time limit prescribed in point d of this clause, the Civil Aviation Administration of Vietnam will close the file;

In case the dossier does not meet the prescribed conditions, the Civil Aviation Administration of Vietnam will notify refusal, specifying the reasons and closing the dossier.

4. Procedure for reissuing the Certificate of Registration for General Aviation Activities due to loss, tearing, damage:

In case the documents are incomplete as prescribed, there will be a notification guiding organizations and individuals to supplement and complete them.

In case the organization or individual fails to pay the fee within the prescribed time limit, the Civil Aviation Authority of Vietnam will refuse and return the dossier to the enterprise.

c) Within five working days from the date of receiving the full payment for the review, the Civil Aviation Authority of Vietnam will reissue the Certificate of Registration for General Aviation Activities according to Form No. 06 attached to this Decree.

5. The reissued Certificate of Registration for General Aviation Activities must contain the content replacing the previously issued certificate.

Chapter VI

COORDINATION OF DEPARTURE AND ARRIVAL TIMES AT AIRPORTS

Article 58. Slot, Types of Flights, and Airports Implementing Slot Coordination

1. Slot is the departure or arrival time of a flight according to the plan on a specific day, month, and year so that the flight can utilize airport infrastructure and air traffic services.

2. Commercial air transport flights by aircraft at Vietnamese airports must be coordinated and confirmed with slots, except for the following flights:

a) Special aircraft and special cargo flights; flights under the authority of the Ministry of Foreign Affairs, the Ministry of National Defense, and the Ministry of Public Security to grant permission to fly.

b) Flights for search and rescue, emergency medical assistance, and humanitarian purposes.

c) Flights for defense, security, and diplomatic purposes.

d) Flights landing due to emergencies.

3. The Civil Aviation Authority of Vietnam will publish a list of airports at coordination levels according to the regulations of the Minister of Construction.

Article 59. Slot Council

1. The Civil Aviation Authority of Vietnam shall establish the Slot Council to seek advice on slot coordination work at airports, including the following contents:

a) Solutions to improve the efficiency of slot coordination work;

b) Solutions to increase capacity utilization at Vietnamese airports;

c) Slot coordination parameters;

d) List of airports according to coordination levels;

đ) Cases exempted from historical slot calculation and exemption periods for historical slot calculation.

2. The Slot Council shall include: The Civil Aviation Authority of Vietnam; Vietnamese enterprises engaged in regular commercial air transport; airport operators; airport enterprises; service providers ensuring flight operations.

Article 60. Slot Coordination Parameters

1. Slot coordination parameters are indices for implementing slot coordination, calculated based on the maximum number of flights that can be confirmed slots at an airport within a specific time frame.

2. Slot coordination parameters at airports include:

a) Terminal parameters;

b) Aircraft parking stand parameters;

c) Runway and air traffic control service parameters.

3. The Civil Aviation Authority of Vietnam shall decide on slot coordination parameters based on reports from airport operators regarding terminal capacity limitation indices, aircraft parking stand capacity limitation indices, and reports from service providers ensuring runway and air traffic control services regarding runway capacity limitation indices and air traffic control service capacity limitation indices.

Article 61. Historical Slots

1. Historical slots are slots coordinated based on historical priority rights.

2. Historical priority rights are priority rights granted when the slot has been operated during the corresponding season in the previous year, satisfying requirements for the length of the slot chain and the actual slot usage rate compared to the confirmed slot time.

Article 62. Slot Management and Coordination Work

1. Contents of slot management and coordination include the following:

a) Determining coordination parameters;

b) Management, coordination, supervision, and sanctions mechanisms for slot usage and recovery;

c) Slot chain exchange and transfer between airlines;

d) Reporting systems and application of information technology in slot management and coordination work.

2. The Minister of Construction shall provide detailed regulations for this provision.

Chapter VII

IMPLEMENTING PROVISIONS

Article 63. Effective Date

1. This Decree shall take effect from July 1, 2026.

2. From the date this Decree takes effect, the following legal documents shall cease to be effective:

a) Government Decree No. 30/2013/NĐ-CP dated April 8, 2013, on air transport business and common aviation activities;

b) Government Decree No. 97/2020/NĐ-CP dated August 26, 2020, on increasing the limit of liability for damages of carriers in air transport;

c) Government Decree No. 15/2024/NĐ-CP dated February 16, 2024, amending and supplementing certain articles of Government Decree No. 30/2013/NĐ-CP dated April 8, 2013, on air transport business and common aviation activities and Government Decree No. 92/2016/NĐ-CP dated July 1, 2016, on conditional business sectors in the civil aviation industry;

d) Government Decree No. 89/2025/NĐ-CP dated April 13, 2025, amending and supplementing certain articles of Government Decree No. 92/2016/NĐ-CP dated July 1, 2016, on conditional business sectors in the civil aviation industry;

đ) Chapter XXII of Government Decree No. 14/2026/NĐ-CP dated January 13, 2026, amending and supplementing certain articles of various Decrees to reduce and simplify administrative procedures related to production and business activities under the Ministry of Construction's jurisdiction.

Article 64. Transitional Provisions

1. Business licenses for air cargo transportation, business licenses for general aviation, and certificates of registration for non-commercial general aviation activities that have been issued before the effective date of this Decree shall continue to be valid for a period of six months from the date this Decree takes effect.

Within the time limit specified in this Clause, enterprises that have been granted business licenses for air cargo transportation, business licenses for general aviation, and certificates of registration for non-commercial general aviation activities shall be responsible for reviewing and requesting competent authorities to reissue licenses and certificates in accordance with this Decree.

2. Air transport rights that have been granted to airlines prior to the effective date of this Decree shall continue to be valid.

3. Aircraft that have been approved by the Civil Aviation Authority of Vietnam for leasing between domestic organizations and individuals and foreign organizations and individuals before the effective date of this Decree shall continue to operate according to the approved content. From the effective date of this Decree, if an organization or individual requests to change any of the contents previously approved by the Civil Aviation Authority of Vietnam regarding the duration, lessor, quantity, or type of aircraft, such changes will be implemented in accordance with this Decree.

4. Representative office establishment permits and ticket sales office establishment permits issued before the effective date of this Decree shall continue to be valid until they are replaced by representative office establishment permits and foreign commercial branch establishment permits in accordance with the laws on commerce.

Prior to the effective date of this Decree, applications for issuance and reissuance of business licenses for air cargo transportation, business licenses for general aviation, certificates of registration for non-commercial general aviation activities, air transport rights, representative office establishment permits, ticket sales office establishment permits, and requests for approval of aircraft leasing between domestic organizations and individuals and foreign organizations and individuals that are valid and have been accepted shall continue to be processed in accordance with the laws at the time of submission of the application.

Article 65. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Chairpersons of provincial and municipal People's Committees, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.

Place of Receipt:

- Central Party Committee Secretariat;

- Prime Minister, Deputy Prime Ministers;

- Ministries, ministerial-level agencies;

- People's Councils, People's Committees of provinces and centrally-administered cities;

- Central Party Office and Party Committees;

- General Secretary's Office;

- President's Office;

- Ethnic Council and Committees of the National Assembly;

- National Assembly's Office;

- Supreme People's Court;

- Supreme People's Procuracy;

- State Audit Office;

- Vietnam Fatherland Front Central Committee;

- Central agencies of political-social organizations;

- VPCP: Deputy Prime Minister, Deputy Prime Ministers, Assistant Prime Minister,

Departments, Bureaus, Official Gazette;

- Note: VT, CN (2).

PRIME MINISTER

DEPUTY PRIME MINISTER

[daky]

Pham Gia Tuc

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63/2025/QH15 Luật Tổ chức chính phủ số 63/2025/QH15 In effect 130/2025/QH15 Luật Hàng không dân dụng Việt Nam số 130/2025/QH15 In effect

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14/2026/NĐ-CP Nghị định số 14/2026/NĐ-CP Sửa đổi, bổ sung một số điều của các Nghị định để cắt giảm, đơn giản hóa thủ tục hành chính liên quan đến hoạt động sản xuất, kinh doanh thuộc phạm vi quản lý của Bộ Xây dựng In effect

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30/2013/NĐ-CP Nghị định số 30/2013/NĐ-CP Về kinh doanh vận chuyển hàng không và hoạt động hàng không chung In effect 97/2020/NĐ-CP Nghị định số 97/2020/NĐ-CP Về tăng mức giới hạn trách nhiệm bồi thường thiệt hại của người vận chuyển trong vận chuyển bằng đường hàng không In effect 15/2024/NĐ-CP Nghị định số 15/2024/NĐ-CP Sửa đổi, bổ sung một số điều của Nghị định số 30/2013/NĐ-CP ngày 08 tháng 4 năm 2013 của Chính phủ về kinh doanh vận chuyển hàng không và hoạt động hàng không chung và Nghị định số 92/2016/NĐ-CP ngày 01 tháng 7 năm 2016 của Chính phủ quy định về các ngành, nghề kinh doanh có điều kiện trong lĩnh vực hàng không dân dụng In effect 89/2025/NĐ-CP Nghị định số 89/2025/NĐ-CP sửa đổi, bổ sung một số điều của Nghị định số 92/2016/NĐ-CP ngày 01 tháng 7 năm 2016 của Chính phủ quy định về các ngành, nghề kinh doanh có điều kiện trong lĩnh vực hàng không dân dụng In effect

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Tiếng Việt Nghị định số về vận tải hàng không 한국어 시설 제 번호에 따른 항공 화물 운송에 관한 명령 中文关于航空运输的法令

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