Thông tư 36/2014/TT-BGTVT

CIRCULAR

PROVIDING FOR QUALITY OF PASSENGER SERVICES AT THE AIRPORTS

Pursuant to the Law on Civil Aviation of Vietnam dated 29/6/2006;

Pursuant to Decree No. 107/2012/NĐ-CP dated 20/12/2012 of the Government defining the functions, duties, power and organizational structure of the Ministry of Transport;

At the request of Director of Transport Department and Director of Civil Aviation Authority of Vietnam,

The Minister of Transport issues this Circular providing for the quality of passenger services at the airports.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the minimum quality of passenger services at airport at the airport.

Article 2. Subject of application

1. The Civil Aviation Authority of Vietnam and the airport authorities.

2. The airlines, aviation enterprises, enterprises providing services for ground commercial techniques and enterprises providing the non-aviation services at airports.

3. The organizations and individuals related to the quality of passenger services at the airports.

Chapter II

REGULATIONS ON QUALITY OF PASSENGER SERVICES AT THE AIRPORTS

Section 1. REGULATION ON QUALITY OF PASSENGER SERVICES

Article 3. Functional areas at the passenger terminal

1. The functional areas at the passenger terminal include:

a) Area for necessary procedures under the passenger and luggage service procedure;

b) Working area of relevant state management bodies in accordance with the operational function of terminals at the airports.

c) Area for passengers ineligible for entry for international airports.

d) Area of mislaid luggage;

dd) Area with counters and equipment to provide general information for passengers.

e) Area of medical assistance and first aid;

g) Commercial and service area;

h) Area for representative of airline at the terminal.

2. The aviation enterprises must ensure the basic functional areas at the passenger terminal specified in Clause 1 of this Article.

Article 4. Developing the passenger service Procedure at airports

1. The airlines, aviation enterprises, enterprises providing services for ground commercial techniques must issue, implement and propagate the passenger service Procedure at the airports.

2. The passenger service Procedure at the airports includes the following basic contents:

a) Passenger services at the departure point;

b) Passenger transporting services to the airplanes;

c) Services for passengers of delayed, disrupted or cancelled flights.

d) Services for passengers using special types of services.;

dd) Services for passengers and luggages at destination and transit points.

3. The passenger service procedure at the airports and any modification or addition (if any) must be sent to the Civil Aviation Authority of Vietnam and the area airport authorities for implementation monitoring.

Article 5. Passenger services at departure point

1. The aviation enterprises must:

a) Ensure the space area for the procedure area and traffic space of at least 1.2 m2 for 01 passenger during the rush hours based on the operation limit of terminal;

b) Provide adequate number of check-in counters for the airports based on their requirements and in accordance with the infrastructure at the terminals;

c) Fully provide the signboards with language in Vietnamese and English (use of electronic signboard, monitor or hanging signboard) to display information about flights and estimated time of counter closing; bulletin board to give instructions to passengers on dangerous goods and items which must not be taken with passengers or in the luggage on board, on necessary papers when using airplane in accordance with aviation security at the check-in counter;

d) Meet the space area for the waiting area at the gate and traffic space of at least 0.6m²/1passenger during the rush hour based on the operation limit of terminal;

đ) dd) Arrange a number of seats at the airport as follows: ensure to meet at least 5% of total of passengers during the rush hours based on the operation limit of terminal at the check-in area; meet at least 70% of total of passengers during the rush hours based on the operation limit of terminal at the waiting area to go on board; arrange seats for the elderly, pregnant women, people with disabilities.

2. The airlines must:

a) Arrange a number of check-in counters for flights: ensure less than 25 passengers/1 counter for business class and less than 40 passengers/1 counter for economy class. This regulation does not apply to the airports implementing the form of common check-in.

b) Provide information for aviation enterprises in displaying information related to the flights;

c) Arrange the carry-on luggage weighing framework for passengers at the check-in counter areas and at the departure gates.

d) Announce and implement the opening and closing of counters as follows: the opening time of counters is 02 hours for domestic flights and 03 hours for international flights before the estimated take-off hour; the closing time of counters (end of receipt of passengers) is 40 minutes for domestic flights and 50 hours for international flights before the estimated take-off hour; in case of delayed flights, the time of closing of counters can be postponed corresponding to the take-off hour or re-open the counters based on the new take-off hour in case of necessity;

dd) Arrange staff to help passengers who have not yet gone through procedures 10 minuted prior to the take-off hour and inform the security, entry and exit and customs divisions to help such passengers complete the procedures.

e) Provide regulations on transportation and publicize the list of items with limited transportation not included in list of dangerous items which must not be transported by air as stipulated by laws.

g) Provide luggage tags and keep the passenger’s registered luggage.

Article 6. Services to transport passengers to the airplan

1. The airlines must:

a) Stipulate the contents to serve the passengers who need assistance, passengers who are the disabled, elderly, persons travelling with children, pregnant women, children travelling alone without accompany in the procedure for transporting passengers to the airplane.

b) Coordinate with aviation enterprises and enterprises providing services for ground commercial techniques to give information at the gate in Vietnamese and English about: flight information, entrance number to airplane, boarding time and time to close gate to airplane, announcement and instruction to passengers on dangerous goods and items which must not be with passengers or in the luggage on board.

c) Announce and implement the time to close gate to airplane within 15 minutes prior to the estimated take-off hour.

d) Require the enterprise providing services for ground commercial techniques to ensure the supply of vehicles to transport passengers from the gate to the airplane parking position on the basis of services supply contract for flights without use of passenger boarding bridge with distance from the gate to airplane parking position of greater than 50 meter (m); arrange private seats for the elderly, pregnant women or disabled in the vehicle transporting passengers from the terminal to the airplane;

dd) Announce and arrange the passenger service agents and the information board on change of departure gate at the old departure gate for the flights changing their departure gate.

2. The ground service personnel must be present at the gate and fully prepare all equipment and tools for taking passengers on board before announcing the receipt of passengers on board.

3. The representatives of airlines at the airport are responsible for monitoring the activity of taking passengers onto the airplane.

Article 7. Services for passengers of delayed, disrupted or cancelled flights.

1. The airlines must provide information on flight status for aviation enterprises, enterprises providing services for ground commercial techniques; arrange the notifying personnel and provide services the passengers are entitled in accordance with regulations, deal with questions and needs of passengers based on the actual circumstances and regulations of law.

2. In case of delayed flight or disrupted transportation as planned from 15 minutes or more, the airlines shall:

a) Notify the passengers of information related to the flights particularly as follows: flight number, route; reasons for delayed flight, disrupted transportation, estimated take-off hour or alternative flight plan, passenger service plan and passenger assistance division (position, identification signs).

b) Apologize to passengers.

3. In case the passengers whose seats have been confirmed on the flight but the transportation is delayed, disrupted or cancelled, the airlines shall serve the passengers in accordance with the following regulations:

a) The delayed time is from 02 hours: serve soft drinks to passengers;

b) The delayed time is from 03 hours or more: serve meals depending on point of time: from 06 to 08 am: breakfast; from 12 pm to 14 pm: lunch and from 19 to 21 pm: dinner

d) The delayed time is from 06 hours or more (from 22:00 pm of the previous day to before 7:00 am of the following day): arrange the accommodation in accordance with the practical condition of locality or alternative solution if getting the passengers’ consent.

dd) Change the passengers’ route within the range of service supply of the airlines so that the passengers can reach destination of trip most quickly and conveniently.

4. The airlines are exempted from fulfilling their obligations specified under Points b, c, Article, Clause 3 of this Article in the following cases:

a) The weather conditions which affect the safe operation of the flights;

b) The security risks which affect the safe operation of the flights;

c) The flights cannot be done under the decision of the competent state authorities, which is not the transporter’s fault.

5. The supply of services specified in this Article does not restrict the fulfillment of the airlines’s other duties when transporting passengers in accordance with regulations of law.

6. The aviation enterprises must organize or require the catering service enterprises to the passengers at the airports in case of delayed, disrupted or cancelled flights in accordance with the practical conditions of the airlines under the operation transfer contract.

Article 8. Services for passengers using special types of services

1. The airlines must not collect payment for the following special services:

a) Wheelchair services at the terminal;

b) Services for the elderly, blind and deaf.

2. The airlines must provide specific and clear information on service procedure, passengers’ rights and interests when they buy tickets with needs of using special services.

Article 9. Services for passengers at destination or transit point

1. The airlines must:

a) Provide for the contents of passenger services upon temporary stop or transit in the passenger service procedure at destination or transit point.

b) Arrange staff to take care or assist passengers as the old and weak people, the disabled and passengers on wheelchairs.

c) Arrange staff, information counter, information signboard to provide information for passenger upon temporary stop or transit to go through necessary procedures for continued flights.

d) Ensure the passenger transportation in accordance with route;

dd) Establish division and area for settlement of complaint about their luggage at the airport and coordinate with the aviation enterprises to ensure the recognizable instruction signboard system to such area.

2. The aviation enterprises must:

a) Arrange the information and instruction signboard system in the terminal to guide passengers to check-in area, customs procedures area and luggage return area;

b) Arrange staff and conveyor belt to ensure the luggage clearance for incoming flights such as: for international flights, the first luggage must be moved to the tail of conveyor belt within 20 minutes from the time of being put on the head of conveyor belt, except for cases through no fault of aviation enterprises; for domestic flights, first luggage must be moved to the tail of conveyor belt within 10 minutes from the time of being put on the head of conveyor belt, except for cases through no fault of aviation enterprises;

3. The enterprises providing services for ground commercial techniques must arrange their staff and means of luggage transportation to ensure the first luggage must be moved to the head of conveyor belt within 15 minutes from the time of choking, except for cases through no fault of the enterprises providing services for ground commercial techniques; the last luggage must be moved to the head of conveyor belt within 35 minutes from the time of choking, except for cases through no fault of the enterprises providing services for ground commercial techniques;

Article 10. Basic services at the terminal

1. The aviation enterprises must:

a) Fully provide equipment, signboard system, radio system giving information about flights and other information to the passengers at terminals. Depending on the actual condition of airport, the aviation enterprises must arrange one or many information counters with passenger assistance staff.

b) Arrange area for security control procedures at departure terminal, staff and scanner to ensure the implementation of security checking procedures including the queuing time for a passenger is not more than 15 minutes, except for special cases decided by the Ministry of Transport;

c) Notify immediately to the airlines when detecting the passengers’ luggage with items or goods limitedly transported as stipulated in the transportation charter of the airlines;

d) Arrange trolleys to fully and conveniently meet the passengers’ needs of use;

dd) Organize the traffic system and toilet area for the disabled;

e) Ensure the sanitation, civilized, beautiful and clean environment in the departure and arrival terminals; the toilet system must meet the standards of terminal design capacity;

g) Arrange separate area for smokers in isolated area of the terminal;

h) Arrange the free of charge drink counter in isolated area of the departure and arrival terminal;

2. The airlines must provide information for the aviation enterprises to display the information related to the flights in Vietnamese and English language. The information includes the following contents: flight number, departure and destination point, check-in counter, estimated take-off and landing time, gate for departure flight and luggage conveyor belt for arrival flights, information about delayed, disrupted or cancelled flights.

3. The enterprises providing services for ground commercial techniques at the airports must ensure the equipment to meet the need of use of wheelchair at the areas of depature and arrival terminal and have forklift truck for passenger using wheelchair onto the airplane.

Article 11. Non-aviation services

1. The enterprises providing the non-aviation services at airports must:

a) List price, publicize the origin, food hygiene and safety at the recognizable place and comply with the relevant regulations of law.

b) Ensure to provide the essential goods and non-alcohol drinks in the isolated area with rational price consistently with the general price level of each airport.

2. The aviation enterprises must arrange space for the enterprises providing the non-aviation services at airport in accordance with the space layout plan approved by the competent body as prescribed by law.

Section 2. REGULATIONS FOR ENTERPRISES AND STAFF OPERATING AT AIRPORTS

Article 12. Enterprises

1. The airlines, aviation enterprises, enterprises providing services for ground commercial techniques and enterprises providing the non-aviation services at airports must issue the Regulation on labor discipline with the contents of form and level of discipline to the employees who commit the violation of regulation on attitude upon direct contact with passengers.

2. The units providing the services specified in Clause 1 of this Article must provide their employees with uniform when they are operating at the airports to be distinguished from the airplane passengers.

Article 13. Employees operating at airports

1. The employees directly contacting passengers must show their considerate, thoughtful, respectful and open-minded attitude, particularly in addressing the questions, complaints or comments about the quality of passenger services in the process of providing air transport services; be calm and resolute in dealing with the extremist or perturbative passengers affecting the activities of organizations and individuals that are operating at the airports.

2. The employees contacting passengers directly must wear uniform consistent with the characteristics and nature of the service providing units and must wear employee name tag during work and security control card when working at restricted areas of airports.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 14. Responsibilities of Civil Aviation Authority of Vietnam

1. Implements this Circular and report to the Ministry of Transport on the implementation of Circular.

2. Inspects and requires the implementation of passenger service Procedure at the airports specified in Article 4 of this Circular.

3. For every 06 months, reviews and announces the units which fail to meet the regulations on service quality as stipulated by this Circular; directs the aviation enterprises to review and arrange the plan for allocation of non-aviation service business space to ensure the general space area for passengers specified in this Circular.

4. Strictly deals with the enterprises which fail to meet the provisions of this Circular.

Article 15. Responsibilities of airport authorities

1. Implement this Circular.

2. Monitor the compliance with service quality of the airports and the units providing services under the passenger service Procedure specified in Article 4 of this Circular.

3. Directly monitor all cases of delayed, disrupted or cancelled flights to promptly require the airlines and relevant service providing units to fulfil their obligations as prescribed by law.

4. Arrange employees, set up and announce the hotline to deal with problems and disputes occurring between passengers with the airlines or the service providing units at the airport and makes report on handling result to the Civil Aviation Authority of Vietnam.

Article 16. Effect

This Circular takes effect from 01/12/2014.

Article 17. Implementation responsibility

Chief of Ministry Office, Chief of Ministry Inspector, Directors General of Civil Aviation Authority of Vietnam, Heads of bodies, organizations and individuals concerned are liable to execute this Circular./.