Decision 1776/QD-BGTVT 2021 provisional regulations on resuming regular passenger flights on domestic air routes

DECISION

On the promulgation of provisional regulations on resuming regular passenger flights on domestic air routes on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic

___________

THE MINISTER OF TRANSPORT

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Resolution No. 78/NQ-CP dated July 20, 2021, on the prevention and control of the COVID-19 pandemic;

Pursuant to the Government’s Resolution No. 86/NQ-CP dated August 6, 2021, on implementing urgent measures to prevent and control the COVID-19 pandemic so as to implement Resolution No. 30/2021/QH15 dated July 28, 2021, of the 15^th National Assembly;

Pursuant to the Prime Minister's Directive No. 15/CT-TTg dated March 17, 2020, on drastically implementing the prevention and control of the COVID-19 outbreak, Directive No. 16/CT-TTg dated March 31, 2020, on implementing urgent measures to prevent and control the COVID-19 pandemic, Directive No. 19/CT-TTg dated April 24, 2020 on continuing to implement measures to prevent and control the COVID-19 pandemic in the new situation (hereinafter referred to as Directive No. 15; Directive No. 16; Directive No. 19);

Pursuant to the Prime Minister’s Official Telegram No. 1099/CD-TTg dated August 22, 2021, on strengthening social distancing and preventive measures against the COVID-19 pandemic; Official Telegram No. 1102/CD-TTg dated August 23, 2021, on strengthening measures to prevent and control the COVID-19 pandemic on the national scale;

Pursuant to the Government Office’s Notice No. 263/TB-VPCP dated October 8, 2021, announcing the conclusions of Deputy Prime Minister Le Van Thanh at the online nationwide conference with ministries, sectors and localities on resuming regular passenger flights on domestic air routes on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic;

Pursuant to the Ministry of Health’s Document No. 5753/BYT-MT dated July 19, 2021, Document No. 5886/BYT-MT dated July 22, 2021, Document No. 8167/BYT-MT dated September 29, 2021, Document No. 8318/BYT -DP dated October 3, 2021, and Document No. 8399/BYT-DP dated October 6, 2021;

At the proposal of the Director of the Transportation Department and the Director of the Civil Aviation Authority of Vietnam,

HEREBY DECIDES:

Article 1. To promulgate together with this Decision the set of provisional regulations on resuming regular passenger flights on domestic air routes on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic.

Article 2. This Decision takes effect from the date of its signing.

Article 3. Chief of the Ministry’s Office, Chief Inspector of the Ministry’s Inspectorate, Directors of under-ministerial Departments, Director General of the Directorate for Roads of Vietnam, Directors of the Administrations and Authorities, units and enterprises engaged in air transport business; enterprises involved in airport business; providers of flight operations quality assurance services; Heads of relevant agencies, units, organizations and individuals shall be responsible for implementing this Decision./.

PROVISIONAL REGULATIONS

On resuming regular passenger flights on domestic air routes on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic
(Issued together with Decision No. 1776/QD-BGTVT dated October 8, 2021 of the Minister of Transport)

Implementing the directions of the Party Central Committee, the National Assembly and the Resolution of the Government at the regular meeting in September 2021 discussing the socio-economic situation in September and the first 9 months of 2021, according to which, Ministers and Heads of ministerial-level agencies shall base themselves on the specific conditions of each locality to quickly develop and implement plans for socio-economic recovery and development, and make their best efforts to achieve the goals, targets set for 2021, the Ministry of Transport (MoT) hereby promulgates the provisional regulations on resuming regular passenger flights on domestic air routes on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic.

I. OBJECTIVES

To gradually resume regular passenger flights on domestic air routes to suit each level of the COVID-19 pandemic prevention and control; meet the urgent travel needs of people and passengers, and ensure safety, thus contributing to promoting the economic recovery.

II. REQUIREMENTS

To ensure the initiative, consistency and synchronization in implementing solutions to resume regular passenger flights on domestic air routes; assign tasks and responsibilities to agencies, organizations and individuals related to the domestic air passenger transport on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic.

III. SCOPE AND SUBJECTS OF APPLICATION

1. Scope of application

This set of regulations applies to the domestic air passenger transport on the national scale and shall be piloted from October 10, 2021 to the end of October 20, 2021; and will be reviewed and adjusted to suit the reality.

2. Subjects of application

a) State management agencies, anti-pandemic forces, airlines, airports;

b) Organizations and individuals involved in the domestic air passenger transport.

IV. CONDITIONS AND STANDARDS FOR RESUMING AND OPERATING FLIGHTS

1. For passengers

1.1. Passenger standards applicable in the pilot period:

Airlines shall only accept and transport passengers in service of the economic recovery in the following order of priority: people on official duties, COVID-19 prevention and control forces, experts, managers, entrepreneurs and others.

1.2. Conditions:

- Passengers need to be fully vaccinated against COVID-19 (present their “Green Cards” generated on the Electronic Health Book/PC-COVID apps or their certificates of full vaccination issued by competent authorities with the second dose administered at least 14 days) or recovered from the COVID-19 within six months by the time of returning to their localities (present their hospital discharge certificates/certificates of recovery from the COVID-19);

- Passengers must obtain negative SARS-CoV-2 certificates with the RT-PCR or rapid test done within 72 hours before departure.

- Passengers must make health declarations as prescribed, complete their written commitments using the form in Appendix 1 issued together with this set of regulations and give them to the airline representatives when checking in at the departing localities;

- Passengers shall not be allowed to fly when they show symptoms such as cough, fever, shortness of breath, muscle aches, sore throat...

1.3. On the airplanes:

Passengers must wear face masks, disinfect their hands, and avoid direct contact.

1.4. After the flights:

- While moving from the airports to their places of residence or accommodations, passengers must always follow the 5K rules, turn on the app PC-COVID, and avoid stopping the route or direct contact at crowded places;

 - They shall actively notify the authorities of the places where they reside or stay upon their arrival;

- They shall self-monitor their health or quarantine themselves at their places of residence or accommodations in accordance with the specific anti-COVID-19 regulations of each locality from the date they arrive in the locality; follow 5K rules;

- If they show symptoms such as cough, fever, shortness of breath, sore throat, taste loss..., passengers shall immediately notify the health authorities to monitor and implement pandemic response procedures as prescribed.

2. For aircrews

2.1. Conditions:

- Aircrews need to be fully vaccinated (present their “Green Cards” generated on the Electronic Health Book/PC-COVID apps or their certificates of full vaccination issued by competent authorities) or recovered from the COVID-19 within six months by the time of returning their localities (present their hospital discharge certificates/certificates of recovery from the COVID-19);

- Pilots and flight attendants must obtain negative SARS-CoV-2 certificates with the RT-PCR or rapid test done within 7 days and 72 hours, respectively, before departure.

2.2. On the airplanes: Aircrews must strictly implement COVID-19 prevention and control measures as prescribed in the guiding documents of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.

2.3. After the flights:

a) If the aircrews serve same day return flights, they shall be exempt from testing when returning to the departing localities, but they shall follow 5K rules and self-monitor their health until the next flights. If they show symptoms such as cough, fever, shortness of breath, muscle aches, sore throat..., they shall immediately notify the health authorities to implement pandemic response procedures as prescribed.

b) If the aircrews reside or have to stay in the localities where the destination airports or airdromes are located,

- If they reside in the localities: They can go home, follow 5K rules, self-monitor their health until the next flights. If they show symptoms such as cough, fever, shortness of breath, muscle aches, sore throat..., they shall immediately notify the local health authorities to implement pandemic response procedures as prescribed.

- If they stay in the localities in a brief time, the airlines must arrange accommodations meeting pandemic prevention and control requirements as guided in Decision 1246/QD-BYT dated March 20, 2020 of the Minister of Health for them.

b) If the flights carry passengers or crew members tested positive for SARS-CoV-2, the guiding documents of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health shall prevail.

3. For the localities where passengers reside or stay

- Manage, monitor, test and supervise people flying to their respective localities in accordance with specific local regulations in order to ensure safety and prevent the spread of the disease into the community;

- Organize SARS-CoV-2 tests for passengers from pandemic-hit areas (published on the website of the Ministry of Health) on the second day after their arrival in the localities;

- If the passengers show symptoms such as cough, fever, shortness of breath... or are tested positive, the localities shall implement pandemic response procedures as prescribed.

V. REQUIREMENTS FOR PANDEMIC CONTROL AT AIRPORTS

1. The airports shall work out solutions and plans to pick up and drop off passengers coming to and leaving the airports in order to ensure aviation safety, security, fire and explosion prevention, and environmental protection as well as the COVID-19 pandemic prevention and control regulations;

2. The airports must obtain valid Certificates of Airport Operation issued by the Civil Aviation Authority of Vietnam;

3. They shall arrange health declaration desks and QR codes;

4. They shall conduct SARS-CoV-2 rapid antigen tests; and arrange well-ventilated temporary quarantine rooms or quarantine zones;

5. Social distancing shall be strictly maintained in ticketing areas, waiting rooms, passenger arrival and boarding lounges in line with the COVID-19 pandemic prevention and control regulations issued by the Ministry of Health;

6. If airline staff or passengers show symptoms such as fever, cough, shortness of breath or fatigue, it is required to isolate them and immediately notify the local health authorities for response;

7. They shall display preventive measures against the COVID-19 pandemic in public areas;

8. They shall request passengers to comply with the COVID-19 pandemic prevention and control regulations prescribed at Point 1, Section IV in this set of regulations;

9. They shall publicize hotlines of local authorities to receive reports of violations against the COVID-19 pandemic prevention and control regulations;

10. They shall comply with other provisions prescribed in Decision No. 1654/QD-BGTVT dated September 9, 2021, of the Minister of Transport on the promulgation of provisional guidelines on pandemic control for air transport activities during the time of COVID-19 prevention and control.

VI. REQUIREMENTS FOR AIRLINES

1. They shall formulate passenger service procedures as prescribed by the Ministry of Transport in line with the requirements for pandemic prevention and control. The airlines shall announce on their websites and via their official ticket agents the conditions for passengers as mentioned at Point 1, Section IV in this set of regulations;

2. The aircrews must meet the conditions specified at Point 2, Section IV in this set of regulations;

3. The airplanes must be licensed by the Civil Aviation Authority of Vietnam, and maintain flight safety monitoring requirements in accordance with the aviation safety regulations issued by the Ministry of Transport;

4. The airplanes must meet the requirements for COVID-19 prevention and control, such as being equipped with hand sanitizers and medical face masks; cleaned and disinfected after each flight;

5. No in-flight services are allowed, except providing drinking water;

6. The airlines shall receive the written commitments made using the form in Appendix 1 issued together with this set of regulations from passengers when they check in, and keep such commitments in service of post-flight supervision by concerned State and local agencies; summarize and sort information of passengers by their destinations, then transfer it to the Airport Authorities based at the airports or airdromes for them to notify the destination localities before passengers’ departure;

7. They shall comply with other provisions prescribed in Decision No. 1654/QD-BGTVT dated September 9, 2021, of the Minister of Transport on the promulgation of provisional guidelines on pandemic control for air transport activities during the time of COVID-19 prevention and control.

VII. PLAN ON EXPLOITATION OF AIR ROUTES

1. Time of application

- The pilot period: From October 10, 2021 to the end of October 20, 2021;

- During the pilot period, the Ministry of Transport shall grasp the situation, make preliminary assessments, and coordinate with localities to propose the Prime Minister supplements and adjustments to the plan so as to suit the reality in the next phases.

2. The plan on exploitation of air routes in the pilot period

- The plan on exploitation of air routes in the pilot period is prescribed in Appendix 2 issued together with this set of regulations.

- Seats must be distanced during the pilot period.

VIII. TRANSPORTATION OF PASSENGERS TO AND FROM THE AIRPORTS

The transportation of passengers to and from the airports shall comply with the provisional guidelines on organizing passenger transportation in 5 sectors (roadway, railway, inland waterway, maritime, and aviation) on a basis of safe, flexible adaptation to, and effective control of the COVID-19 pandemic issued together with Decision No. 1740/QD-BGTVT dated September 30, 2021, of the Minister of Transport.

IX. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Transport shall

- Assign the prime responsibility to Civil Aviation Authority of Vietnam in leading agencies and units in Vietnam's aviation industry to roll out the plan mentioned at Point 2, Section VII in this set of regulations on the basis of ensuring safety against the COVID-19 pandemic;

- Assign the Airport Authorities based at the airports or airdromes to receive passengers’ information from the airlines and notify the destination localities;

- Direct under-ministerial agencies and units to coordinate with the Ministry of Public Security and localities to trace passengers who do not return to the localities as they have committed;

- Direct under-ministerial agencies and units to coordinate with the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense and the People's Committees of provinces and municipalities to lead, inspect and supervise the implementation of this set of regulations by their local authorities and sub-units.

2. The People's Committees of the provinces and municipalities are requested to

- Direct their local agencies and units to organize, disseminate, inspect and supervise the implementation of this set of regulations in their localities;

- Assign staff to receive information of passengers who will reside or stay in their respective localities and notify the staff’s contacts to the Civil Aviation Authority of Vietnam for it to inform the Airport Authorities;

- Receive passengers’ information from the Airport Authorities and confirm with the Airport Authorities that the passengers’ information has been received;

- The People's Committees of provinces and municipalities where the airports are located shall direct the local health authorities to coordinate with the airports in conducting SARS-CoV-2 tests at the airports;

- Direct local agencies and units to manage, monitor and supervise passengers, and conduct SARS-CoV-2 tests for passengers flying from pandemic-hit areas on the second day after their arrival at their places of residence or accommodations (published on the website of the Ministry of Health);

- Coordinate with the Ministry of Transport to monitor the implementation of this set of regulations and promptly report to the Prime Minister for consideration and decision./.

Appendix 2

The plan on exploitation of air routes during the pilot period

* The Hanoi - Can Tho air route can be flexibly exploited at the request of the competent State agencies.

* Other Appendices are not translated herein.