Quyết định 1776/QĐ-BGTVT năm 2021 quy định tạm thời về triển khai các đường bay nội địa chở khách thường lệ đảm bảo thích ứng an toàn, linh hoạt, kiểm soát hiệu quả dịch COVID-19 do Bộ trưởng Bộ Giao thông vận tải ban hành

DECISION

PROVISIONAL REGULATIONS ON IMPLEMENTING DOMESTIC FLIGHT ROUTES FOR REGULAR PASSENGER TRANSPORTATION GUARANTEEING SAFETY, FLEXIBILITY, AND CONTROL OF COVID-19 EPIDEMIC

MINISTER OF TRANSPORT

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

Pursuant to Resolution No. 78/NQ-CP dated July 20, 201 of the Government specialized in COVID-19 epidemic management;

Pursuant to Resolution No. 86/NQ-CP dated August 6, 2021 Resolving urgent solutions for COVID-19 epidemic management for implementation of Resolution No. 30/2021/QH15 dated July 28, 2021 of the 15th National Assembly;

Pursuant to Directives of the Prime Minister: Directive No. 15/CT-TTg dated March 17, 2020 on aggressive implementation of COVID-19 management, Directive No. 16/CT-TTg dated March 31, 2020 on implementation of urgent measures for COVID-19 epidemic management, and Directive No. 19/CT-TTg dated April 24, 2020 on continuation of COVID-19 epidemic management measures (hereinafter referred to as “Directive No. 15/CT-TTg”, “Directive No. 16/CT-TTg”, and “Directive No. 19/CT-TTg” respectively);

Pursuant to Official Telegraphs of the Prime Minister: Official Telegraph No. 1099/CD-TTg dated August 22, 2021 on enhancing social distancing and COVID-19 epidemic management measures; and Official Telegraph No. 1102/CD-TTg dated August 23, 2021 on enhancing COVID-19 epidemic management measures in the country;

Pursuant to Notice No. 263/TB-VPCP dated October 8, 2021 of the Government Office notifying conclusion of the Deputy Prime Minister Le Van Thanh in National Online Conference with ministries and local governments regarding restoration of domestic flight routes serving passenger transportation guaranteeing safety, flexibility, and control of COVID-19 epidemic;

Pursuant to Documents of Ministry of Health: 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 request of Director of Department of Transport and Director of Civil Aviation Authority of Vietnam,

HEREBY DECIDES:

Article 1. The “Provisional regulations on implementing domestic flight routes for regular passenger transportation guaranteeing safety, flexibility, and control of COVID-19 epidemic” are attached hereto.

Article 2. This Decision comes into effect from the day of signing.

Article 3. Chief of Ministry Office, Chief of Ministry Inspectorate, Directors of Departments, General Director of Civil Aviation Authority of Vietnam, entities, enterprises providing aviation transport services; airport enterprises; air traffic service providers; heads of agencies, entities, and relevant organizations, individuals are responsible for implementation hereof./.

PROVISIONAL REGULATIONS

IMPLEMENTING DOMESTIC FLIGHT ROUTES FOR REGULAR PASSENGER TRANSPORTATION GUARANTEE SAFETY, FLEXIBILITY, AND CONTROL OF COVID-19 EPIDEMIC
(Attached to Decision No. 1776/QD-BGTVT dated October 8, 2021 of Minister of Transport)

Implementing direction of the Central Communist Party, National Assembly, and the Government in regular meeting in September 2021 regarding socio-economic situations of September and the first 9 months of 2021, according to which, Ministers and heads of ministerial agencies shall rely on specific local conditions to immediately develop and implement plans for enabling socio-economic restoration and development, aiming to achieve objectives and quotas of 2021. Ministry of Transport hereby promulgates provisional regulations on implementing domestic flight routes for regular passenger transportation guarantee safety, flexibility, and control of COVID-19 epidemic.

I. OBJECTIVES

Gradually restore domestic passenger air transport depending on levels of COVID-19 epidemic management levels; satisfy travel demands of the general public and passengers while guaranteeing safety and promoting economic restoration.

II. REQUIREMENTS

Stay active, cooperated, and consisted during implementation of domestic passenger air transport measures; assign tasks and responsibilities of agencies, organizations, and individuals engaging in domestic passenger air transport for guaranteeing safety, flexibility, and control of COVID-19 epidemic.

III. SCOPE AND REGULATED ENTITIES

1. Scope

These Regulations apply to domestic passenger air transport in the country and shall be subject to pilot implementation from October 10, 2021 to October 20, 2021 inclusively; shall be assessed and revised accordingly.

2. Regulated entities

a) Regulatory agencies, epidemic management forces, airlines, and airports;

b) Organizations and individuals engaging in domestic passenger air transport.

IV. ELIGIBILITY AND STANDARDS FOR ORGANIZATION AND PROVISION OF FLIGHTS

1. For passengers

1.1. Standards of passengers during pilot implementation:

Airlines shall only accept and provide transportation for passengers whose travel demand serves economic restoration in the following order of priority: public affairs, COVID-19 epidemic management forces, experts, managerial personnel, businesspersons, and other individuals.

1.2. Eligibility:

- Having received sufficient number of COVID-19 vaccine (obtain green card on the Electronic health record/PC-COVID or certificate for sufficient doses of vaccine issued by competent authority with the latest dose given at least 14 days ago) or having relieved of COVID-19 within 6 months from the date on which travelling individuals arrive at local administrative divisions (obtain notice of hospital discharge/confirmation of COVID-19 relief);

- Having tested negative for SARS-CoV-2 by RT-PCR test or quick antigen test within 72 hours prior to boarding airplanes;

- Performing medical declaration as per the law, filling in written commitment, and transferring to representatives of airlines when checking in at point of departure using Form under Annex 1 attached hereto;

- Refraining from joining flights when displaying symptoms such as coughing, fever, dyspnea, muscle fatigue, sore throat, etc.

1.3. While boarding the plane:

Wearing facemasks, sanitize hands, and restricting physical contract.

1.4. After the flight:

- While moving from airports to residence and while staying at residence: complying with 5K principle at all time, using PC-COVID application, restricting stopping along the way, and limiting physical contact in crowded areas;

- Informing local government of residence;

- Monitoring health or quarantining at residence according to specific local regulations regarding COVID-19 epidemic management measures from the date on which individuals arrive at local administrative divisions; complying with 5K principle;

- Reporting to medical authority when displaying any irregular health signs such as coughing, fever, dyspnea, sore throat, loss of taste, etc. for monitor and implementation of epidemic management procedures as per the law.

2. For flight crews

2.1. Eligibility:

- Having received sufficient number of COVID-19 vaccine (obtain green card on the Electronic health record/PC-COVID or certificate for sufficient doses of vaccine issued by competent authority) or having relieved of COVID-19 within 6 months from the date on which individuals arrive at local administrative divisions (obtain notice of hospital discharge/confirmation of COVID-19 relief);

- Having tested negative for SARS-CoV-2 by RT-PCR test or quick antigen test within 7 days for cabin crews and 72 hours for flight attendants prior to boarding air planes.

2.2. While boarding the plane: Flight crews must strictly comply with COVID-19 epidemic management applicable to flight crews according to guidelines of National Steering Committee for COVID-19 epidemic management and guidelines of Ministry of Health.

2.3. After the flight:

a) When making return flight within the day, COVID-19 test is not required when returning to original point of departure while; complying with 5K principle, and monitoring health until subsequent flights. Upon displaying any symptom such as coughing, fever, dyspnea, muscle fatigue, sore throat, etc., immediately reporting to local medical authority for adoption of epidemic management procedures as per the law.

b) In case of residing at destination

- If residing at local administrative divisions: May return home, comply with 5K principle, and monitor health for subsequent flights. Upon displaying any symptom such as coughing, fever, dyspnea, muscle fatigue, sore throat, etc., immediately reporting to local medical authority for adoption of epidemic management procedures as per the law.

- If residing temporarily, airlines must assign residence in a manner satisfactory to epidemic management according to Decision No. 1246/QD-BYT dated March 20, 2020 of Minister of Health.

c) In case passengers or members of flight crews on board are SARS-CoV-2 positive: complying with guidelines of National Steering Committee for COVID-19 epidemic management and guidelines of Ministry of Health.

3. For local administrative divisions where passengers reside

- Managing, monitoring, examining, supervising individuals returning to local administrative divisions according to specific local regulations, guaranteeing safety, and preventing the infection from spreading to community;

- Organizing SARS-CoV-2 testing on the second day of staying in residence for passengers returning from infected areas (publicized on website of Ministry of Health);

- In case individuals display symptoms such as fever, coughing, dyspnea, etc. or are tested positive, implement epidemic management procedures as per the law.

V. EPIDEMIC MANAGEMENT REQUIREMENTS IN AIRPORTS AND AERODROMES

1. Develop plans and solutions for picking up, discharging passengers at airports in a manner that guarantees aviation safety, security, fire safety, environmental protection, and compliance with regulations of COVID-19 epidemic management;

2. Obtain valid Certificate for operating airport issued by Civil Aviation Authority of Vietnam;

3. Designate locations for medical declaration and QR code scanning;

4. Organize locations for quick antigen test for SARS-CoV-2; assign well-ventilated rooms or areas for temporary quarantine;

5. Assign ticket booths, waiting rooms, areas for passengers to get on and get off vehicles in a manner that guarantees distancing and COVID-19 epidemic management requirements of Ministry of Health;

6. If aviation personnel or passengers display any symptom such as coughing, fever, dyspnea, or fatigue, immediately quarantine such individuals and inform local medical authority;

7. Publicize COVID-19 epidemic management measures in public places;

8. Request passengers to comply with COVID-19 epidemic management under Point 1 Section IV hereof;

9. Publicly post hotline of local authority for information on violation to COVID-19 epidemic management revelations;

10. Comply with Decision No. 1654/QD-BGTVT dated September 9, 2021.

VI. REQUIREMENTS FOR AIRLINES

1. Develop procedures for serving passengers according to regulations of Ministry of Transport in a manner that satisfies epidemic management requirements. Publicize eligibility for transport of passengers under Point 1 Section IV hereof on website of airlines and official ticket agencies of the airlines;

2. Enforce flight crews to comply with requirements under Point 2 Section IV hereof;

3. Aircrafts must be licensed for operation and flight safety supervision by Civil Aviation Authority of Vietnam according to regulations of Ministry of Transport on aviation safety procedures;

4. Aircrafts must satisfy COVID-19 epidemic management requirements: equipped with hand sanitizer, medical face masks, and sanitized after each flight;

5. Do not provide any service on the flight other than drinking water;

6. Receive and store commitment from under Annex 1 attached hereto of passengers when checking in to serve post-flight supervision of local authority and relevant local governments; Consolidate information on passengers based on destinations and transfer to Airport Authorities in airports and aerodromes to inform local administrative divisions of destination prior to takeoff;

7. Comply with Decision No. 1654/QD-BGTVT dated September 9, 2021.

VII. PLANS FOR OPERATION

1. Period of implementation

- Period of pilot implementation: From October 10, 2021 to October 20, 2021 inclusively;

- During pilot implementation, Ministry of Transport shall consolidate the situation, conduct preliminary assessment, and cooperate with local governments in proposing revision to operation plans to the Prime Minister to meet practical situations in subsequent stages.

2. Operation plans during pilot implementation

- Plans for operating flight routes during pilot implementation shall conform to Annex 2 attached hereto.

- Comply with distancing during pilot implementation.

VIII. PASSENGER TRANSPORT TO AND FROM AIRPORTS

Passenger transport to and from airports shall conform to Provisional guidelines on organizing passenger transportation of 5 sectors (road, railway, inland waterway, maritime, and airway) in a manner that satisfies safety, flexibility, and control of COVID-19 epidemic attached to Decision No. 1740/QD-BGTVT dated September 30, 2021 of Minister of Transport.

IX. IMPLEMENTATION

1. Ministry of Transport

- Assign Civil Aviation Authority of Vietnam to take charge and inform agencies and entities in Vietnam aviation sector to organize plans for operation under Point 2 Section VII hereof in a manner that guarantees COVID-19 epidemic management;

- Assign Airport Authorities in airports and aerodromes to assign departments for receiving passenger information from airlines and informing local administrative divisions of arrival;

- Direct agencies and entities affiliated to ministries to cooperate with Ministry of Public Security and local governments in searching for passengers who fail to return as per commitment;

- Direct agencies and entities affiliated to ministries to cooperate with Ministry of Health, Ministry of Public Security, Ministry of National Defense, and People’s Committees of provinces and central-affiliated cities in directing, examining, and supervising implementation hereof.

2. People’s Committees of provinces or central-affiliated cities

- Direct local agencies and entities to organize, publicize, examine, and supervise implementation hereof in local administrative divisions;

- Assign and inform Civil Aviation Authority of Vietnam to consolidate and transfer passenger information to airports regarding passengers arriving and staying in local administrative divisions;

- Receive passenger information from Airport Authorities and issue confirmation for receiving passenger information to Airport Authorities;

- People’s Committees of provinces and cities where airports are situated shall direct local medical authority to cooperate with airports in organizing SARS-CoV-2 test locations in airports;

- Direct local agencies and entities to manage, monitor, supervise passengers, and conduct SARS-CoV-2 testing on the second day after passengers return to residence for passengers returning from infected areas (publicized on website of Ministry of Health);

- Cooperate with Ministry of Transport in monitoring implementation and promptly report to Prime Minister./.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn