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As Vietnam’s aviation industry continues to expand and modernize, flight delays remain a frequent issue directly affecting passenger rights. To legally and effectively safeguard their interests, passengers must understand the applicable laws regulating airline responsibilities and the formal complaint procedures. This article provides a comprehensive guide to filing complaints and requesting compensation for flight delays, based on the most up-to-date legal instruments effective as of 2025.

See also: Airport Operation Investment Opportunities for Foreign Enterprises in Vietnam

1. Legal Framework on Flight Delay Complaints

1.1. Civil Aviation Law of Vietnam

According to Clause 5, Article 145 of the Law on Civil Aviation of Vietnam 2006, amended by Law No. 61/2014/QH13, passenger rights in cases of delayed or cancelled flights are clearly defined to protect consumer interests in the aviation sector.

  • Passengers who are booked but not transported, or
  • Flights are cancelled or severely delayed without prior notice by the carrier

→ The carrier must timely notify, apologize to passengers, ensure meals, accommodation, transportation, and cover related costs, and must pay a non-refundable advance compensation.

1.2. International Regulations

For international flights to or from Vietnam, the Montreal Convention 1999 applies. Under Article 19, the airline is liable for damages caused by delay unless it proves that it took all reasonable measures to avoid the damage or it was impossible to do so.

2. Detailed Complaint Procedure

Before initiating a complaint, passengers should gather all documents proving the damage and affected rights. This step is crucial in determining liability and compensation eligibility.

2.1. Step 1: Collect Documentation

2.2. Step 2: Submit Complaint

Submission Channels:

More information: CAAV Official Website

3. Required Documentation

Each airline provides its own complaint form, usually available at customer service counters or on its website.

  • To CAAV:
    • Written form with full name, address, specific content, supporting documents.
    • Include ID/passport copies matching the flight ticket.
  • Flight ticket & boarding pass
  • Proof of delay
  • Receipts for expenses (if applicable): Hotel, meals, transport – with VAT invoices if possible.

4. Compensation Regulations

4.1. Compensation Amounts

As per Clause 4, Article 8 of Circular 81/2014/TT-BGTVT (amended by Clause 2, Article 1 of Circular 19/2023/TT-BGTVT):

  • Delays of 2+ hours:
    • Must arrange alternate flights or reroute to the final destination.
    • Free of extra fees or fare conditions.
  • Delays of 5+ hours:
    • Passengers may opt for full or partial ticket refund (unused portion).
    • Refunds can be processed at the airport or airline’s designated offices.
  • Prolonged delays:
    • Non-refundable advance compensation must be paid if requested.
  • The compensation amounts for each passenger are as follows:
    • For domestic flights:
      • For flights with a distance of less than 500 km: 200,000 VND;
      • For flights with a distance from 500 km to less than 1,000 km: 300,000 VND;
      • For flights with a distance of 1,000 km or more: 400,000 VND.
    • For international flights:
      • For flights with a distance of less than 1,000 km: 25 USD;
      • For flights with a distance from 1,000 km to less than 2,500 km: 50 USD;
      • For flights with a distance from 2,500 km to less than 5,000 km: 80 USD;
      • For flights with a distance of 5,000 km or more: 150 USD.

4.2. Processing Time

While no legal provision sets a specific time limit for airline responses, Article 57 of the Consumer Protection Law 19/2023/QH15 provides:

  • 7 working days: Authorities/associations must forward the request to the business.
  • 7 working days: The business must negotiate with the consumer.
  • 5 working days: The business must report the result of negotiation.

Internal airline policy:
E.g. Vietjet Air commits to resolving compensation within 14 working days of the flight disruption (per Clause 2 Article 2 Circular 21/2020/TT-BGTVT).

See also: New Provisions of Vietnam’s Consumer Protection Law

5. Practical Tips

  • Keep all original documents (boarding pass, expenses, written notices)
  • Photocopy or scan important docs
  • Note the timeline and contacts
  • Follow up regularly: If no reply, send a second reminder with attached proof.

💡 Pro Tip: Stay calm, take notes, and document every step from the incident to the complaint submission.

6. Conclusion

While delays are inconvenient, passengers have clear rights under the law to timely notice, support services, and monetary compensation. By understanding the legal framework and following the proper procedures, you can protect your interests efficiently and lawfully.

Harley Miller Law Firm

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