To implement the Civil Aviation Law 2025, recently passed by the National Assembly, the Ministry of Construction is currently seeking public feedback on a draft decree concerning air transport. This draft aims to modify the obligations of airlines during flight delays and cancellations, enhancing airline responsibility and better protecting passenger rights.

The draft defines a flight delay as an actual departure time 15 minutes or more later than the scheduled departure time. In such cases, airlines must promptly inform passengers, apologize, clearly state the reason for the delay, and update the new estimated departure time on airport information screens at least once every 30 minutes.

For flights delayed by 3 hours or more, airlines must fulfill the above obligations and fully refund the ticket price, or refund the unused portion of the ticket, if passengers decline to change their itinerary, departure time, or transfer to another flight.

Additional obligations apply for other delay durations. For flights delayed by 2 hours or more, airlines must provide food and beverages or offer vouchers of equivalent value, and consider changing flight times at the passenger's request, waiving any conversion conditions or surcharges. If a flight is delayed by 4 hours or more, airlines must compensate passengers in addition to offering a refund upon request. For delays of 6 hours or more, occurring between 7h and 22h, airlines must also arrange suitable accommodation or an alternative solution, with passenger consent, alongside refunds and compensation.

An airplane parked at Tan Son Nhat Airport. *Photo: Quynh Tran*.

Compared to current regulations, the draft significantly shortens the thresholds for refund and compensation obligations. Currently, airlines provide beverages for 2-hour delays and meals for 3-hour delays. However, ticket refunds are only mandatory for delays of 5 hours or more, with passengers choosing between a full refund or a refund for the unused portion.

The draft also introduces a new provision for airlines that change flight schedules 4 hours or more earlier or later than the time stated on the ticket. In such instances, airlines must refund tickets, change itineraries, or transfer passengers to another flight within 72 hours of the original departure time. This regulation aims to reduce the prolonged refund and rebooking issues that have caused passenger frustration.

However, the draft specifies that airlines are not required to provide compensation if flight delays or cancellations result from adverse weather, security risks, or other force majeure events as stipulated by law.

According to the Civil Aviation Authority of Vietnam, these revisions aim to enhance the responsibility of air transport businesses and protect passenger rights when flight schedules frequently change, impacting personal and work plans. This regulation will compel airlines to improve the quality of their schedule planning and aircraft fleet allocation, thereby reducing flight delays.

Despite existing regulations, flight delays and cancellations remain common, and the enforcement of current rules is inconsistent, often leaving passengers at a disadvantage when seeking their entitlements. Some airline representatives, however, have voiced concerns that the proposed changes would increase operational costs, negatively affecting airlines already facing challenges in commercial air transport.

Doan Loan