Decree No. 97/2020/ND-CP increase of limits of liability of carriers in air carriage

DECREE

On increase of limits of liability of carriers in air carriage^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Civil Aviation of Vietnam, and the November 21, 2014 Law Amending and Supplementing a Number of Articles of the Law on Civil Aviation of Vietnam;

In implementation of the Convention for the Unification of Certain Rules for International Carriage by Air, which was concluded in Montreal on May 28, 1999;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on increase of limits of liability of carriers in air carriage.

Article 1. Scope of regulation

This Decree provides increase of limits of liability of carriers in air carriage under Clause 1, Article 166 of the June 29, 2006 Law on Civil Aviation of Vietnam.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the passenger, cargo and baggage carriage by commercial aircraft, or passenger, cargo and baggage carriage by non-commercial aircraft conducted by airlines.

Article 3. Increase of limits of liability of carriers in air carriage as specified in Clause 1, Article 166 of the June 29, 2006 Law on Civil Aviation of Vietnam

1. For passenger carriage, the limit of liability to pay compensation for death or injury of passengers shall be increased from one hundred thousand (100,000) monetary units to one hundred and twenty eight thousand eight hundred and twenty one (128,821) monetary units per passenger;

2. For passenger carriage, the limit of liability to pay compensation for damage caused by delay shall be increased from four thousand one hundred and fifty (4,150) monetary units to five thousand three hundred and forty six (5,346) monetary units per passenger;

3. For carriage of baggage, including consigned and hand baggage, the limit of liability to pay compensation for loss of or damage to baggage or delay shall be increased from one thousand (1,000) monetary units to one thousand two hundred and eighty eight (1,288) monetary units per passenger;

4. For cargo carriage, the limit of liability to pay compensation for loss or damage or delay shall be increased from seventeen (17) monetary units to twenty two (22) monetary units per kilogram of cargo.

Article 4. Implementation provisions

1. This Decree takes effect on October 15, 2020.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC