Decision 2233/QD-BGTVT 2021 amending Provisional Regulation on resumption of regular domestic air routes for safe adaptation to COVID-19

DECISION

Amending and supplementing a number of provisions 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. Amending and supplementing Clause 1 Article 2 the Minister of Transport's Decision No. 1840/QD-BGTVT dated October 20, 2021 as follows:

“1. This Circular takes effect from October 21, 2021.”.

Article 2. Amending and supplementing a number of provisions in the 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 Ministry of Transport's Decision No. 1840/QD-BGTVT dated October 20, 2021, as follows:

 1. To amend and supplement Clause 1 Section III as follows:

“1. Scope of application

This Regulation applies to the domestic air passenger transport on the national scale until there are new adjustments and additions.”.

2. To amend and supplement Point a, Point c Clause 1.2 Part 1 Section IV as follows:

a) To amend and supplement Point a Clause 1.2 Part 1 Section IV:

“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: 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) To amend and supplement Point c Clause 1.2 Part 1 Section IV:

“c) Other conditions:

- Passengers must make health declarations as prescribed, use the PC-COVID application, take responsibility for the truthfulness of the declared information;

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

3. To repeal Clause 5 and amend, supplement Clause 6 Section VI as follows:

a) To repeal Clause 5 Section VI.

b) To amend and supplement Clause 6 Section VI as follows:

“6. Request, guide and check passengers to make electronic health declaration (Declaration of domestic movement) at PC-COVID application; in case the passenger has not made the declaration, the airline shall be responsible for arranging staff and supporting equipment, guiding the passenger to install and declare on the PC-COVID application.”.

4. To amend and supplement Section VII as follows:

“VII. PLAN ON EXPLOITATION OF AIR ROUTES

1. Operation plan on domestic routes:

a) The period from December 29, 2021, to the end of February 16, 2022:

b) From February 17, 2022: the frequency of routes will be performed according to the frequency in the period from December 29, 2021, to the end of January 18, 2022, until the Ministry of Transport decides to make additional adjustments or new directives.

2. The Civil Aviation Authority of Vietnam shall continue to follow the market situation, pandemic developments in localities and across the country to propose, report to the Ministry of Transport to adjust the frequency on routes during the 2022 Tet holiday and Lunar New Year (if necessary) before January 13, 2022.

3. In case of adjusting the frequency of domestic flights, the Ministry of Transport shall promulgate decisions on additional adjustments or documents directing the implementation.

4.  To amend and supplement a number of provisions in Section IX as follows:

a) To amend a number of provisions in Clause 1:

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.

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

b) To amend and supplement provisions of the second dash, the third dash of Clause 2:

“- Arrange and notify the National Technology Center for COVID-19 Prevention and Control as clue to receive information of passengers arriving and staying in the locality.

- Organize the reception of passenger information from the National Technology Center for COVID-19 Prevention and Control."

c) To add Clause 3 Section IX as follows:

“3. The Center of Information and Technology shall

Coordinate with units of the Ministry of Information and Communications, the Ministry of Health, provinces and centrally-run cities and relevant units to monitor and inspect the process of declaring and exploiting domestic travel information of passengers via the PC-COVID application. Promptly handle or report any arising problems (if any) to the Ministry of Transport.”.

Article 3. Effect

1. This Decision takes effect from the date of its signing.

2. This Decision replaces the Minister of Transport’s Decision No. 2036/QD-BGTVT dated November 30, 2021.

3. To repeal Appendix in the 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 Decision No. 1840/QD-BGTVT dated October 20, 2021, of the Minister of Transport.

Article 4. Implementation organization

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./.