Decision 1840/QD-BGTVT 2021 Provisional Regulation on resumption of regular domestic air routes for safe adaptation to COVID-19

DECISION

On the promulgation of Provisional Regulation on resumption of regular domestic air routes for safe, flexible adaptation to, and effective control over the COVID-19 pandemic

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THE MINISTER OF TRANSPORT

Pursuant to the Government's Decree No. 12/2017/ND-CP dated February 20, 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 COVID-19 prevention and control;

Pursuant to the Government's Resolution No. 86/NQ-CP dated August 06, 2021, on urgent COVID-19 pandemic prevention and control measures to implement the Resolution No. 30/2021/QH15 dated July 28, 2021, of the 15^th National Assembly;

Pursuant to the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic”;

Pursuant to the Prime Minister’s Official Telegram No. 1099/CD-TTg dated August 22, 2021, on strengthening social distancing and COVID-19 prevention and control measures; 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 Ministry of Health’s Decision No. 4800/QD-BYT dated October 12, 2021, on issuing the Interim Guidance for the implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” and the Ministry of Health's Document No. 8167/BYT-MT dated September 29, 2021, Document No. 8318/BYT-DP dated October 03, 2021, Document No. 8399/BYT-DP dated October 06, 2021;

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

DECIDES:

Article 1. To promulgate together with this Decision the Provisional Regulation on resumption of regular domestic air routes for safe, flexible adaptation to, and effective control over the COVID-19 pandemic.

Article 2. Effect

1. This Circular takes effect from October 21, 2021, until the end of November 30, 2021.

2. To repeal the Minister of Transport’s Decision No. 1776/QD-BYT dated October 08, 2021, 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 and the Ministry of Transport's Decision No. 1786/QD-BGTVT dated October 12, 2021, on promulgating Appendix replacing Appendix 2 attached to the Decision No. 1776/QD-BYT dated October 08, 2021.

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 operational quality assurance services; Heads of relevant agencies, units, organizations, and individuals shall be responsible for implementing this Decision./.

PROVISIONAL REGULATION

On resumption of regular domestic air routes for safe, flexible adaptation to, and effective control over the COVID-19 pandemic

(Attached to the Minister of Transport's Decision No. 1840/QD-BGTVT dated October 20, 2021)

In the implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” (hereinafter referred to as the Resolution No. 128/NQ-CP); pursuant to the Ministry of Health’s Decision No. 4800/QD-BYT dated October 12, 2021, issuing the Interim Guidance for implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” (hereinafter referred to as the Decision No. 4800/QD-BYT), the Ministry of Transport promulgates the Provisional Regulation on resumption of regular domestic air routes for safe and flexible adaptation and effective control over the COVID-19 pandemic.

I. OBJECTIVES

To restore the regular passenger flights on domestic air routes in compliance with COVID-19 prevention and control for the socio-economic development, security, and social safety assurance; create favorable conditions for production and business restoration, socio-economic development, bringing life back to the new normal state.

II. REQUIREMENTS

1. To comply with the Government’s directions provided in the Resolution No. 128/NQ-CP and the Ministry of Health’s instructions provided in the Decision No. 4800/QD-BYT.

2. The Ministry of Transport, the Ministry of Health, relevant ministries, sectors and provinces, centrally-run cities shall proactively, unanimously, synchronously implement solutions for the organization of regular passenger flights on domestic air routes. Tasks and responsibilities shall be assigned to agencies, organizations, and individuals involved in air transport activities to ensure the safe and flexible adaptation and effective control over the COVID-19 pandemic.

3. To promote the initiative and creativity of the locality in controlling the pandemic, without leaving any local situation or ruling by regions in the promulgation and implementation of solutions beyond necessary, negatively affecting production, business, and social life.

III. SCOPE AND SUBJECTS OF APPLICATION

1. Scope of application

This Regulation applies to the domestic air passenger transport on the national scale from October 21, 2021, to the end of November 30, 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 domestic air passenger transport activities.

IV. CONDITIONS AND CRITERIA FOR RESUMING AND OPERATING FLIGHTS

1. For passengers

1.1. Criteria for passengers:

Airlines shall only accept and transport passengers in services of the economic recovery, such as people on official duties, COVID-19 prevention and control forces, experts, managers, entrepreneurs, and others.

1.2. Conditions:

a) In case where passengers reside in level-4 pandemic areas or blockade areas before departure, or passengers onboard flights from level-4 areas or blockage areas, or passengers onboard flights from international airports such as Tan Son Nhat or Can Tho airport: They must obtain negative SARS-CoV-2 certificates with the RT-PCR or rapid test done within 72 hours from the time of sampling to the time of departure;

b) Other passengers must satisfy one of the following conditions:

- Having a certificate of full vaccination against COVID-19 with the second dose administered at least 14 days and not more than 12 months up to the time of departure;

- Having a certificate of recovery from COVID-19 or a hospital discharge paper within 6 months up to the time of departure;

- Obtaining a negative SARS-CoV-2 certificate with the RT-PCR or rapid test done within 72 hours from the time of sampling to the time of departure.

c) Other conditions:

- Passengers must make health declarations as prescribed, complete their written commitments using the form provided in this Regulation and give them to the airline representatives when checking in at the departing localities;

- Passengers showing symptoms such as cough, fever, shortness of breath, muscle aches, sore throat, loss of taste, etc. are not allowed to fly.

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 PC-COVID app, 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 and follow specific regulations on COVID-19 prevention and control measures of each locality from the date they arrive in the locality; follow 5K rules;

- Passengers must immediately notify the health agencies to monitor and handle as prescribed in case of showing abnormal symptoms such as cough, fever, shortness of breath, sore throat, loss of taste, etc.

2. For aircrew (pilot and flight attendants)

2.1. They must fully satisfy the following conditions:

- Having a certificate of full vaccination against COVID-19 with the second dose administered at least 14 days and not more than 12 months up to the time of departure, or having a certificate of recovery from COVID-19/hospital discharge paper after COVID-19 treatment within 6 months up to the time of departure;

- Obtaining a negative SARS-CoV-2 certificate with the RT-PCR or rapid test done within 7 days from the time of sampling to the time of on-board duty.

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. In case of showing symptoms such as cough, fever, shortness of breath, muscle aches, sore throat, etc., they must immediately notify the health agencies to handle as prescribed.

b) In case 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. In case of showing symptoms such as cough, fever, shortness of breath, muscle aches, sore throat, loss of taste, etc., they must immediately notify the health agencies to handle as prescribed.

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

c) 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 and impose COVID-19 prevention and control measures on 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. Comply with the Ministry of Health’s regulations on COVID-19 prevention and control.

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

V. REQUIREMENTS FOR PANDEMIC CONTROL AT AIRPORTS

1. Working 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. Arranging points for health declaration and QR code scanning.

4. Conducting SARS-CoV-2 rapid antigen tests serving passengers' needs, and arranging 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, the airports shall temporarily isolate them and immediately notify the local health agencies for handling.

7. Propagandizing and displaying information about COVID-19 prevention and control measures in public areas.

8. Asking passengers to comply with the COVID-19 pandemic prevention and control regulations as prescribed at Point 1, Section IV of this Regulation.

9. Publicizing hotlines of local functional agencies to receive reports of violations against the COVID-19 pandemic prevention and control regulations.

10. Complying with other provisions prescribed in the Minister of Transport’s Decision No. 1654/QD-BGTVT dated September 09, 2021, on promulgating the Interim Guidance on pandemic control for air transport activities during the COVID-19 prevention and control.

VI. REQUIREMENTS FOR AIRLINES

1. Formulating passenger service procedures as prescribed by the Ministry of Transport in line with the requirements for pandemic prevention and control. Announcing on their websites and via their official ticket agents the requirements for passengers as mentioned at Point 1, Section IV of this Regulation.

2. The aircrews must meet the conditions specified at Point 2, Section IV of this Regulation.

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 masks; cleaned and disinfected after each flight.

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

6. Receiving the written commitments made according to the form attached to this Regulation from passengers when they check in, and keep such commitments in service of post-flight supervision by concerned State and local agencies; summarizing information of passengers by their destinations, then transferring it to the airport authorities based at the airports or airdromes in order to notify the destination localities before passengers’ departure.

7. Providing the Ministry of Health with information about the aircrews, list of passengers upon detecting infected cases after the flights to serve the tracing work.

8. Complying with other provisions prescribed in the Minister of Transport’s Decision No. 1654/QD-BGTVT dated September 09, 2021, on promulgating the Interim Guidance on pandemic control for air transport activities during the COVID-19 prevention and control.

9. Propagandizing information about COVID-19 prevention and control measures for passengers on airplanes.

VII. PLAN ON EXPLOITATION OF AIR ROUTES

1. Application period

- The application period is from October 21, 21, 2021 to the end of November 30, 2021.

- Within 15 days from the applying date, the Civil Aviation Authority of Vietnam shall assess the pandemic control situation in localities and nationwide to propose a plan to adjust the appropriate operating frequency and conditions for passengers.

2. Air routes and operating frequency (round-trip)

- Hanoi - Ho Chi Minh City route and vice versa: No more than 6 flights per day each way from October 21, 2021, to November 14, 2021, and no more than 7 flights per day each way from November 15, 2021, to November 30, 2021;

- Hanoi - Da Nang route and vice versa: No more than 6 flights per day each way from October 21, 2021, to November 14, 2021, and no more than 7 flights per day each way from November 15, 2021, to November 30, 2021;

- Da Nang - Ho Chi Minh City route and vice versa: No more than 6 flights per day each way from October 21, 2021, to November 14, 2021, and no more than 7 flights per day each way from November 15, 2021, to November 30, 2021;

- Other routes: No more than 4 flights per day each way.

VIII. TRANSPORTATION OF PASSENGERS TO AND FROM THE AIRPORT

The transportation of passengers to and from the airports shall comply with the Interim Guidance on transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic attached to the Minister of Transport's Decision No. 1812/QD-BGTVT dated October 16, 2021.

IX. IMPLEMENTATION ORGANIZATION

1. The Civil Aviation Authority of Vietnam shall

- Lead agencies and units in Vietnam's aviation industry to organize and assign the implementation of this Regulation on the basis of ensuring safety in COVID-19 prevention and control.

- Assign the airport authorities based at the airports or airdromes to arrange departments to receive passengers’ information from the airlines and notify the destination localities and supervise the implementation of this Regulation.

- Coordinate with, and support ministries, sectors, and localities in tracing passengers who do not return to the localities as committed.

- Summarize and report to the Ministry of Transport the implementation of this Regulation on a weekly basis.

- Organize a preliminary review of the implementation of this Regulation, develop a draft decision on amending, supplementing, or replacing this Regulation and report it to the Ministry of Transport before November 25, 2021.

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 Regulation in their localities.

- Arrange and notify the Civil Aviation Authority of Vietnam to summarize and transfer the airport authorities to receive information of passengers to reside and stay in the locality. Organize to receive passengers’ information from airport authorities.

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

- Direct local agencies and units to manage, monitor, test and supervise and impose COVID-19 prevention and control measures on 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; follow the Ministry of Health’s regulations on pandemic prevention and control.

- Coordinate with the Ministry of Transport in monitoring the implementation of this Regulation./.

* All Appendices are not translated herein.