Decree No. 97/2020/ND-CP increases the limit of liability for compensation of damage by carriers in air transport, applicable to airlines and passengers. The level of compensation has been significantly increased for loss, damage, or delayed baggage and cargo.
适用范围
Organizations, individuals related to the transportation of passengers, goods, and baggage by aircraft for commercial or non-commercial purposes carried out by airlines
要点
- Carriers must compensate for damage to the life and health of passengers with a limit from 100,000 calculation units up to 128,821 calculation units per passenger (Article 3, Clause 1)
- Carriers must compensate for damage due to delayed transportation of passengers with a limit from 4,150 calculation units up to 5,346 calculation units per passenger (Article 3, Clause 2)
- Carriers must compensate for damage due to loss, shortage, damage, or delayed transportation of baggage with a limit from 1,000 calculation units up to 1,288 calculation units per passenger (Article 3, Clause 3)
- Carriers must compensate for damage due to loss, shortage, damage, or delayed transportation of cargo with a limit from 17 calculation units up to 22 calculation units per kilogram of cargo (Article 3, Clause 4)
- This Decree takes effect from October 15, 2020
🌐 本文件的社会影响
- Passengers are better protected when incidents occur during air transport
- Airlines face higher compensation liabilities if incidents occur, creating pressure to manage service quality
- Business costs of airlines may increase to ensure safety and service quality
❓ 常见问题
What is the new limit of liability for compensation for damage to the life and health of passengers?
From one hundred thousand (100,000) calculation units up to one hundred twenty-eight thousand eight hundred twenty-one (128,821) calculation units per passenger.
What is the new limit of liability for compensation for damage due to delayed transportation of passengers?
From four thousand one hundred fifty (4,150) calculation units up to five thousand three hundred forty-six (5,346) calculation units per passenger.
What is the new limit of liability for compensation for damage due to loss, shortage, damage, or delayed transportation of baggage?
From one thousand (1,000) calculation units up to one thousand two hundred eighty-eight (1,288) calculation units per passenger.
What is the new limit of liability for compensation for damage due to loss, shortage, damage, or delayed transportation of cargo?
From seventeen (17) calculation units up to twenty-two (22) calculation units per kilogram of cargo.
When does this Decree take effect?
October 15, 2020
全文
DECREE
Regarding increasing the limit on liability for compensation of damage by carriers in air transport
person carrying out air cargo transportation
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006, and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;
Implementing the Convention for the Unification of Certain Rules for International Carriage by Air adopted at Montreal on May 28, 1999;
At the proposal of the Minister of Transport;
The Government issues this Decree on increasing the limit on liability for compensation of damage by carriers in air transport.
Article 1. Scope of Regulation
This Decree stipulates the increase in the limit on liability for compensation of damage by carriers in air transport as provided for in Clause 1, Article 166 of the Civil Aviation Law of Vietnam dated June 29, 2006.
Article 2. Applicability
This Decree applies to agencies, organizations, and individuals related to the carriage of passengers, goods, and baggage by aircraft for commercial purposes, or the carriage of passengers, goods, and baggage by aircraft for non-commercial purposes carried out by airlines.
Article 3. Increase in the limit on liability for compensation of damage by carriers in air transport as provided for in Clause 1, Article 166 of the Civil Aviation Law of Vietnam dated June 29, 2006
1. For passenger carriage, the limit on liability for compensation of damage to life and health of passengers increases from one hundred thousand (100,000) units of account to one hundred twenty-eight thousand eight hundred twenty-one (128,821) units of account per passenger.
2. For passenger carriage, the limit on liability for compensation of damage due to delayed carriage increases from four thousand one hundred fifty (4,150) units of account to five thousand three hundred forty-six (5,346) units of account per passenger.
3. For baggage carriage, including checked baggage and carry-on baggage, the limit on liability for compensation of damage due to loss, shortage, damage, or delayed carriage increases from one thousand (1,000) units of account to one thousand two hundred eighty-eight (1,288) units of account per passenger.
4. For cargo carriage, the limit on liability for compensation of damage due to loss, shortage, damage, or delayed carriage increases from seventeen (17) units of account to twenty-two (22) units of account per kilogram of cargo.
Article 4. Implementation provisions
1. This Decree takes effect from October 15, 2020.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial-level city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree./.
PRIME MINISTER
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