From April 20 to 22, 2025, a series of domestic and international flights departing from Tan Son Nhat Airport were severely delayed, significantly affecting hundreds of passengers. The main reason was identified as Vietjet Air taking over ground handling services after terminating the contract with Saigon Ground Services Joint Stock Company (SAGS), leading to many unforeseen situations. In addition, the adjustment of aircraft reception plans to serve the public holidays on April 30 and May 1, along with bad weather at Noi Bai Airport, also contributed to this situation.

In response, the Civil Aviation Authority of Vietnam requested airlines to strictly fulfill their obligations to passengers, including issuing apologies and compensation. Vietjet announced that it would offer goodwill compensation to passengers affected by delays of 2 hours or more on April 20–21, with an amount of 500,000 VND per passenger for domestic flights and 1,000,000 VND per passenger for international flights.

1. Legal Framework for Passenger Rights

Passenger rights in the event of flight delays are strictly regulated under the Civil Aviation Law of Vietnam and related legal documents such as:

• Circular No. 36/2014/TT-BGTVT on the quality of passenger services at airports
• Circular No. 81/2014/TT-BGTVT on air transport and general aviation activities
• Circular No. 14/2015/TT-BGTVT on compensation in air passenger transport
• Circular No. 19/2023/TT-BGTVT amending circulars related to air transport

These regulations are designed to protect passenger rights and ensure the responsibility of airlines.

2. Basic Passenger Rights

According to Clause 2, Article 147 of the Civil Aviation Law of Vietnam: Passengers have the right to request the carrier to rearrange the itinerary or refund the unused ticket if not transported due to the fault of the carrier.

Passenger services for delayed flights (Article 8 of Circular No. 81/2014/TT-BGTVT; Article 7 of Circular No. 36/2014/TT-BGTVT, amended and supplemented by Circular No. 19/2023/TT-BGTVT)

• Full information: Passengers must be fully informed about the flight status, reasons for delay, interruption or cancellation, estimated departure time, and support services.
• Apology and service: The airline must apologize to passengers and provide services such as drinking water, meals, resting places, and sleeping arrangements depending on the duration of the delay.
• Support services when a flight is delayed:

• 2 hours: Provide drinking water.
• 3 hours: Provide meals.
• 6 hours (during business hours): Provide a resting place.
• 6 hours (outside business hours): Provide sleeping arrangements or alternative solutions.

• Itinerary changes: Passengers may request itinerary changes to reach the final destination quickly and conveniently.
• Compensation (Article 10 of Circular No. 14/2015/TT-BGTVT, amended and supplemented by Circular No. 19/2023/TT-BGTVT): Passengers have the right to request non-refundable advance compensation if the airline fails to fulfill its compensation obligation on time. If not satisfied with the compensation amount, passengers may file a lawsuit in accordance with the law.

3. Detailed Compensation Levels

3.1 Compensation Amounts: (Article 8 of Circular No. 14/2015/TT-BGTVT, amended and supplemented by Circular No. 19/2023/TT-BGTVT)

• Non-refundable advance compensation amounts for passengers:

• The carrier may establish non-refundable advance compensation amounts, but they must not be lower than the levels stated above.
• In the event that a flight is delayed for an extended time and then canceled, the non-refundable advance compensation shall only be applied once.

3.2 Compensation Methods: (Article 9 of Circular No. 14/2015/TT-BGTVT, amended and supplemented by Circular No. 19/2023/TT-BGTVT)

The carrier may compensate passengers through:

• Cash
• Bank transfer or intermediary payment (within 14 working days from the date of request)
• Free tickets or service vouchers, if the passenger agrees

3.3 Location and Timing of Compensation in Case of Extended Flight Delays: (Article 9 of Circular No. 14/2015/TT-BGTVT, amended and supplemented by Circular No. 19/2023/TT-BGTVT)

• At the departure or arrival airport
• At branch office/representative office
• Via bank transfer to the passenger’s account

4. Compensation Request Procedure

Step 1: Collect documents (air ticket, boarding pass, delay confirmation report)

Step 2: Contact the airline’s customer service department

Article 8 of Circular No. 81/2014/TT-BGTVT, as amended and supplemented by Circular No. 19/2023/TT-BGTVT, stipulates that the carrier is obligated to receive and handle complaints about delays and cancellations.

Step 3: Fill out the compensation request form

• Some airlines have specific forms; if not, send a written request including flight information, reason for compensation request, and bank account details if approved.
• The time limit for requests may be stipulated in each airline’s conditions of carriage.

Step 4: Submit the file and monitor the resolution process

• Submit via email, post, or the airline’s online platform (if available).
• The airline is responsible for responding and resolving the issue within a reasonable time, usually 7–14 working days.

If there is no response or the passenger disagrees with the outcome, they may:

• Submit a complaint to the Civil Aviation Authority of Vietnam.
• Request support from a consumer rights protection organization or file a lawsuit under civil law.

5. Special Cases

Some cases where the airline is exempt from compensation liability include:

5.1 Due to objective reasons (Article 6 of Circular No. 14/2015/TT-BGTVT, as amended and supplemented by Circular No. 19/2023/TT-BGTVT):

• Weather, security, unsafe flight service conditions.
• Decisions by government authorities.
• Passenger health issues (serious illness, death after boarding).
• Aircraft sabotage.
• Conflict, strike, political instability.
• Technical failures from receipt to the end of the flight.
• Inadequate aviation infrastructure.
• Passengers are arranged on an alternative flight with:
  • Arrival time not more than 4 hours (for direct flights).
  • Arrival time not more than 6 hours (for connecting flights).
• Other force majeure events.

5.2 Due to passenger non-cooperation or proper notification (Article 7 of Circular No. 14/2015/TT-BGTVT, as amended and supplemented by Circular No. 19/2023/TT-BGTVT):

• Cancellation/delay was announced at least 24 hours before departure.
• Passenger did not register contact information or could not be reached.
• Passenger traveled on a free ticket or staff/partner discount ticket.
• Passenger did not show up for check-in or voluntarily forfeited the seat confirmation.

6. Advice for Passengers

• Always keep documents related to the flight
• Take photos of delay announcements at the airport
• Record the time and details of the delay
• Immediately contact the airline representative at the airport

Understanding your rights will help passengers confidently handle delay situations and ensure fair compensation when necessary.

Refer to the article on international air transport at: Guide to Complying with International Air Transport Regulations

Harley Miller Law Firm

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