Is an airline required to pay compensation when a flight is cancelled without prior notice in Vietnam?

What is the starting time to determine a delayed flight in Vietnam?

Pursuant to Clause 2 Article 8 of the Circular 81/2014/TT-BGTVT (amended by Clause 2 Article 1 of the Circular 19/2023/TT-BGTVT) stiulating definition of delayed flight in Vietnam as follows:

Minimum obligations of carriers in regard to passengers who have had their seats confirmed and obtained air tickets in case where air transport is delayed, cancelled, departed early, or passengers are denied boarding due to carrier’s fault

1. Airlines are responsible for immediately notifying passengers of change to departure time of their flights.

2. A flight is considered to be delayed flight when its actual off block time is more than 15 minutes later than its scheduled time.

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As regulations above, a flight is considered to be delayed flight when its actual off block time is more than 15 minutes later than its scheduled time.

Pursuant to Article 8 of the Circular 81/2014/TT-BGTVT (amended by Clause 2 Article 1 of the Circular 19/2023/TT-BGTVT) stiulating refund of tickets for delayed flights as follows:

Minimum obligations of carriers in regard to passengers who have had their seats confirmed and obtained air tickets in case where air transport is delayed, cancelled, departed early, or passengers are denied boarding due to carrier’s fault

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3. If delayed flight is not caused by passengers, carriers are responsible for adequately informing passengers via appropriate means; issuing apologies to passengers; taking care of meals, rest, travel, and incurring other relevant costs for passengers waiting at airports according to transportation regulations and ensuring passenger service quality at airports according to regulations of Minister of Transport.

4. If delayed flight is caused by carriers, in addition to obligations under Clause 3 of this Article, carriers must also:

a) If a flight is delayed for at least 2 hours: within the scope of services of carriers, change appropriate route for passengers or transfer passengers to different flights, grant exemption from route change or flight transfer restrictions and related surcharges (if any) for passengers;

b) If a flight is delayed for at least 5 hours: in case passengers do not request carriers to fulfill obligations under Point a of this Clause but require a refund for their air tickets, carriers must issue a refund for air tickets that have not been used to passengers at airports or representative offices, branches, or ticket agencies designated by airlines;

c) If a flight is delayed for an indefinite of time: in addition to obligations under Point a or Point b of this Clause, when requested by passengers, carriers must make a non-refundable advance compensation for passengers who have had their seats on the flights confirmed and obtained air tickets in accordance with regulations on non-refundable advance compensation in passenger air transport of Ministry of Transport.

Therefore, if a flight is delayed for at least 5 hours due to the fault of the airline, the airline shall pay compensation of tickets for the passengers.

As regulations above, the airline must issue a refund for air tickets that have not been used to passengers at airports or representative offices, branches, or ticket agencies designated by airlines.

Is an airline required to pay compensation when a flight is cancelled without prior notice in Vietnam?

Pursuant to Clause 6 Article 8 of the Circular 81/2014/TT-BGTVT (amended by Clause 2 Article 1 of the Circular 19/2023/TT-BGTVT), if a flight is cancelled where passengers are not informed by carriers in advance, the airline must:

Adequately informing passengers via appropriate means; issuing apologies to passengers; taking care of meals, rest, travel, and incurring other relevant costs for passengers waiting at airports according to transportation regulations and ensuring passenger service quality at airports.

In addition, the airline has following obligations:

(1) Make non-refundable advance compensation for passengers who have had their seats on the flights confirmed and obtained air tickets for the flights in accordance with regulations on non-refundable advance compensation in passenger air transport of Minister of Transport;

(2) Within the scope of services of carriers, change appropriate route for passengers or transfer passengers to different flights, grant exemption from route change or flight transfer restrictions and related surcharges (if any) for passengers;

(3) If passengers refuse the adoption as specified in (2), carriers must issue a refund for air tickets that have not been used to passengers at airports, representative offices, branches, or ticket agencies designated by airlines;

(4) If passengers refuse the adoption as specified in (2) and (3) , carriers may fulfill other obligations according to agreement with the passengers.

Best regards!