Thông tư 13/2024/TT-BGTVT quy định cơ chế, chính sách quản lý giá dịch vụ vận chuyển hàng không nội địa và giá dịch vụ chuyên ngành hàng không do Bộ trưởng Bộ Giao thông Vận tải ban hành

CIRCULAR

ON MECHANISMS AND POLICIES ON MANAGEMENT OF DOMESTIC AIR CARRIAGE CHARGES AND AVIATION SERVICE CHARGES

Pursuant to the Law on Civil Aviation of Vietnam dated June 29, 2006 and Law on amendments to the Law on Civil Aviation of Vietnam dated November 21, 2014;

Pursuant to the Law on Prices dated June 19, 2023;

Pursuant to the Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director of Transport Department and Director of the Civil Aviation Authority of Vietnam (CAAV);

The Minister of Transport promulgates a Circular on mechanisms and policies for management of domestic air carriage charges and aviation service charges.

Article 1. Scope and regulated entities

1. This Circular provides for mechanisms and policies on management of domestic air carriage charges and aviation service charges.

2. This Circular applies to organizations and individuals that provide, use and manage domestic air carriage charges and aviation service charges.

Article 2. Rules and grounds for determination of service charges

Domestic air carriage charges and aviation service charges shall be determined based on the rules and grounds specified in Article 22 of the Law on Prices.

Article 3. Payment currencies

1. For domestic air carriage

Domestic air carriage charges within Vietnam’s territory are specified in Vietnamese Dong (VND).  The quotation and payment of service charges are made in VND.

2. Aviation services

a) Domestic flight service charges are specified in VND. The quotation and payment of service charges are made in VND.

b) International flight service charges are specified in US dollars (USD). The quotation and payment of service charges are made in accordance with the law on foreign exchange.

3. For non-aviation services

a) At domestic terminals and non-restricted areas of international terminals: Service charges are specified in VND. The quotation and payment of service charges are made in VND;

b) Restricted areas of international terminals: service charges are specified in USD. The quotation and payment of service charges are made in accordance with the law on foreign exchange.

Article 4. Incentives

1. Carriers that make full monthly payments for the following services on their invoices: aircraft take-off and landing, departure and arrival traffic control, will be entitled the following incentives:

a) For services provided for international flights

b) For services provided for domestic flights

Service charges will be calculated separately for each type of service provided for international and domestic flights. Calculation period: 1 month.

2. For flight training and pilot training activities (not combined with commercial operations) in Vietnam: Training facilities will be exempt from air traffic control charges for departure, arrival, take-off, and landing for the first 36 months from the date of the first flight training or pilot training (not combined with commercial operations).

3. Vietnamese airlines newly entering the air transport market will be granted a 50% discount on aircraft take-off and landing charges and air traffic control charges for departure and arrival, as regulated by the Ministry of Transport. This incentive will be applied for a period of 36 months from the date of commencement of operation.

4. For airlines operating scheduled international flights to and from Vietnam, in cases where no other airline operates scheduled flights on that route for a period of at least 12 months:

a) At Noi Bai, Tan Son Nhat, Da Nang international airports: These airlines will be granted a 90% discount on aircraft take-off and landing charges and air traffic control charges for departure and arrival, as regulated by the Ministry of Transport. This incentive will be applied for a period of 12 months from the date of commencement of operation;

b) At other airports: These airlines will be granted a 50% discount on aircraft take-off and landing charges and air traffic control charges for departure and arrival, as regulated by the Ministry of Transport. This incentive will be applied for a period of 24 months from the date of commencement of operation.

5. In cases where an airline is eligible for multiple incentives under Clauses 3 and 4 of this Article, the airline will be granted the most favorable incentive.

6. Organizations and individuals that provide services (hereinafter referred to as service providers) are permitted to proactively apply the incentives in accordance with this Article.

Article 5. Pricing

1. The CAAV shall appraise pricing proposals and report them to the Ministry of Transport for the issuance of pricing documents of the following services:

a) Aviation services with specific charges: Aircraft takeoff and landing services; air traffic control services for departure and arrival; passenger services at airports and airfields; aviation security services; flight control services over flight information zones managed by Vietnam;

b) Aviation services with charges within bracket: Apron lease services; passenger check-in counter lease services; baggage conveyor belt lease services; jet bridge lease services; full package ground handling services (gha) at airports and airfields (for airlines that still apply full package); automated baggage sortation services; aviation fuel refueling services; hydrant fueling system services at airports and airfields; airport concessions at airports and airfields, including the following concessions: passenger terminal concessions, cargo terminal and warehouse concessions; ground handling concessions; aircraft maintenance, repair, and overhaul concessions; aeronautical engineering concessions; airline catering concessions; aviation fuel concessions;

c) Non-aviation services with charges within bracket: Passenger terminal leasing services; cargo terminal leasing services; essential basic services at airports and airfields: including domestic food and beverage services (instant pho, instant noodles, instant vermicelli, instant porridge, plain bread; bottled water with a capacity of less than or equal to 500 ml, and various types of canned milk with a capacity of less than or equal to 180 ml);

d) Domestic air transportation services at basic economy class fares sold within the territory of Vietnam are subject to maximum pricing.

2. Service providers in Clause 1 of this Article shall prepare pricing proposals in accordance with the requirements of the competent authorities and responsible for the pricing proposals they prepare.

3. Preparation and appraisal of pricing proposals, issuance of pricing documents or charge adjustments are carried out in accordance with the law on prices.

Article 6. Charge declaration

1. List of services subject to charge declaration

a) Essential basic services at airports and airfields: including domestic food and beverage services (instant pho, instant noodles, instant vermicelli, instant porridge, plain bread; bottled water with a capacity of less than or equal to 500 ml, and various types of canned milk with a capacity of less than or equal to 180 ml);

b) Domestic air transportation services at basic economy class fares sold within the territory of Vietnam.

2. CAAV shall receive and update charge declaration documents into the National Price Database for services of service providers as specified in point b of clause 1 of this Article. The declared charge shall be used for the synthesis, analysis, and forecasting of market prices according to regulations.

3. Airport authorities shall receive and update charge declaration documents into the National Price Database for services of service providers as specified in point a of clause 1 of this Article. The declared charge shall be used for the synthesis, analysis, and forecasting of market prices according to regulations.

4. The method of preparing and receiving charge declarations is implemented in accordance with the law on prices.

Article 7. Quotation

Service providers shall quote service charges in accordance with Article 29 of the Law on Prices.

Article 8. Disclosure of charge information

Disclosure of charge information shall be carried out in accordance with clauses 1, 2, 4, and 5 of Article 6 of the Law on Prices.

Article 9. Responsibilities of regulatory agencies

1. Civil Aviation Authority of Vietnam (CAAV):

a) Implement regulations on prices as prescribed in this Circular and relevant legislative documents;

b) Inspect the compliance with legal regulations on domestic air carriage charges and aviation service charges within their authority.

2. Airport authorities:

a) Supervise and expedite service providers’ implementation of regulations on non-aviation service charges at airports and airfields;

b) Inspect the compliance with legal regulations on non-aviation service charges within their authority.

Article 10. Entry in force and implementation

1. This Circular comes into force from July 1, 2024.

2. Annul the following Circulars:

a) Circular No. 36/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on management of domestic air carriage charges and aviation service charges;

b) Circular No. 06/2022/TT-BGTVT dated May 27, 2022 on amendments to Circular No. 36/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on management of domestic air carriage charges and aviation service charges.

3. Annul Article 7 of Circular No. 53/2019/TT-BGTVT dated December 31, 2019 of the Minister of Transport on charges and bracket of charges for certain aviation services at airports and airfields in Vietnam.

4. In case a legal document referred to in this Circular is amended, supplemented or replaced, the new document shall prevail.

5. The Chief of the Ministry Office, the Chief Inspector of Ministry, Director of the Civil Aviation Authority of Vietnam, and Heads of relevant agencies, organizations, and individuals shall implement this Circular./.

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