Quyết định 1840/QD-BGTVT

DECISION

ON ISSUANCE OF TEMPORARY REGULATIONS ON FURTHER IMPLEMENTATION OF THE SCHEDULED DOMESTIC PASSENGER FLIGHTS FOR THE SAFE AND FLEXIBLE ADAPTATIONS TO AND EFFECTIVE CONTROL OF COVID

MINISTER OF TRANSPORT

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

Pursuant to Resolution No. 78/NQ-CP dated July 20, 2021 of the Government on prevention and control of COVID-19 pandemic;

Pursuant to Resolution No. 86/NQ-CP dated August 6, 2021 of the Government on urgent solutions for COVID-19 prevention and control to implement Resolution NO. 30/2021/QH15 dated July 28, 2021 of the 15th National Assembly;

Pursuant to Resolution No. 128/NQ-CP dated October 11, 2021 of the Government on promulgation of Interim regulations on “Safe and flexible adaption to and effective control of COVID-19”;

Pursuant to Official Letters of the Prime Minister No. 1099/CD-TTg dated August 22, 2021 on strengthening social distancing and measures to prevent and control the COVID-19 pandemic; 1102/CD-TTg dated August 23, 2021 on strengthening measures to prevent and control the COVID-19 pandemic nationwide;

Pursuant to Decision No. 4800/QD-BYT dated October 12, 2021 of the Ministry of Health on health issues in implementation of the Resolution No. 128/NQ-CP dated October 11, 2021 on promulgation of Interim regulations on “Safe and flexible adaption to and effective control of COVID-19” and Documents No. 8167/BYT-MT of the Ministry of Health dated September 29, 2021, 8318/BYT- DP dated October 3, 2021, 8399/BYT-DP dated October 6, 2021;

At the proposal of the Director of Department of Transport, the Director of the Civil Aviation Authority of Vietnam,

HEREBY DECIDES:

Article 1. Issue together with this Decision the temporary regulations on further implementation of the scheduled domestic passenger flights for the safe and flexible adaptations to and effective control of COVID-19.

Article 2. Entry in force

1. This Decision comes into force as of October 21, 2021 to the end of November 30, 2021.

2. Annul the Decision No. 1776/QD-BGTVT of the Minister of Transport dated October 8, 2021 on temporary regulations on further implementation of the scheduled domestic passenger flights for the safe and flexible adaptations to and effective control of COVID-19 and the Decision No. 1786/QD-BGTVT of the Ministry of Transport dated October 12, 2021 on issuance of Appendix as a substitute of Appendix 2 issued together with Decision No. 1776 /QD-BGTVT dated October 8, 2021.

Article 3. Chief of the Ministry Office, Chief Inspector of the Ministry, General Directors of Departments, Director of Directorate for Roads of Vietnam, Directors of agencies and units, aviation transport operators; airport operators; air navigation service providers; heads of agencies, organizations and individuals shall implement this Decision./.

TEMPORARY REGULATIONS

ON FURTHER IMPLEMENTATION OF THE SCHEDULED DOMESTIC PASSENGER FLIGHTS FOR THE SAFE AND FLEXIBLE ADAPTATIONS TO AND EFFECTIVE CONTROL OF COVID-19
(Promulgated with Decision No. 1840/QD-BGTVT of the Minister of Transport dated October 20, 2021)

Pursuant to the Resolution No. 128/NQ-CP dated October 11, 2021 of the Government on promulgation of Interim regulations on “Safe and flexible adaption to and effective control of COVID-19”; pursuant to Decision No. 4800/QD-BYT dated October 12, 2021 of the Ministry of Health on promulgation of Interim guidance regarding health sector in implementation of the Resolution No. 128/NQ-CP dated October 11, 2021 on promulgation of Interim regulations on “Safe and flexible adaption to and effective control of COVID-19” (hereinafter referred to as Decision No. 4800/QD-BYT), the Ministry of Transport promulgates a Circular on promulgation of Interim guidance on further implementation of the scheduled domestic passenger flights for the safe and flexible adaptations to and effective control of COVID.

I. PURPOSES

Resume the domestic passenger flights in line with prevention and control of COVID-19 pandemic for socio-economic development, to ensure security, social order and safety; facilitate recovery of production and business, socio-economic development, and bring people's daily life towards the new normalcy.

II. REQUIREMENTS

1. Strictly follow the direction of the Government in Resolution No. 128/NQ-CP , guidance of the Ministry of Health in Decision No. 4800/QD-BYT .

2. Ensure the initiative, consistency and synchronization between the Ministry of Transport, Ministry of Health, relevant ministries and agencies, and provinces and central-affiliated cities in the process of rolling out solutions on scheduled domestic passenger flights; assign tasks and responsibilities of agencies, organizations and individuals involved in aviation transport activities to ensure safe and flexible adaptation to and effective control of the COVID-19 pandemic.

3. Promote the initiative and creativity of local governments in controlling the COVID-19 pandemic situation; eliminate the non-conformance to central ruling in issuing documents and implementation of solutions beyond the necessary level, which causes negative impacts to production, business and social life.

III. SCOPE, REGULATED ENTITIES

1. Scope

These Regulations apply to the domestic passenger flights nationwide from October 21, 2021 to November 30, 2021; then they will be subject to further evaluation and amendments.

2. Regulated entities

a) Regulatory agencies, pandemic task forces, airlines, airports;

b) Organizations and individuals related to the domestic passenger flights.

IV. CONDITIONS AND CRITERIA FOR OPERATING FLIGHTS

1. Passengers

1.1. Criteria for passengers:

Airlines only transport passengers who need to travel for economic recovery such as personnel on official duties, COVID-19 task forces, experts, administrators, business people and residents who have indeed need.

1.2. Conditions:

a) For passengers who, before the flights, reside or stay in the pandemic level-4 or medical isolation (lockdown) areas; or passengers on flights departing from the pandemic level-4 or medical isolation (lockdown) areas; or passengers on flights departing from Tan Son Nhat, Can Tho International Airports: they must have negative test certificates for SARS-CoV-2 using RT-PCR or rapid antigen tests valid for 72 hours from the time when the samples are taken to before the flight departure;

b) For passengers not falling under point a, they must meet one of the following conditions:

- They have been fully vaccinated against COVID-19, in which their last dose was given at least 14 days before or no more than 12 months until the flight departure;

- They obtain certificates of recovery from Covid-19 or hospital discharge papers during the last 6 months until the flight departure;

- They have negative test certificates for SARS-CoV-2 using RT-PCR or rapid antigen tests valid for 72 hours from the time when the samples are taken to before the flight departure.

c) Additional conditions:

- The passenger must fill in a health declaration according to regulations, make a commitment and give it to the airline representative when checking-in at the departure using the form issued with these Regulation;

- The passenger is not allowed to board a flight if he/she develops suspected symptoms of cough, fever, shortness of breath, muscle pains, sore throat, loss of taste, etc.

1.3. During the flight:

Passengers must always wear a facemask, sanitize hands, avoid person-to-person contact.

1.4. After the flight:

- Movements from the airport to the place of residence or accommodation: always follow the 5K, use the PC-COVID application, limit stopping and person-to-person contact in crowded places;

- Actively notify the local authority of the place of residence or accommodation;

- Self-monitor health and follow the specific regulations of each locality on COVID-19 prevention and control from the date of return to the locality; follow 5K messages;

- Any suspected symptoms of cough, fever, shortness of breath, sore throat, loss of taste, etc., should be reported to the health authorities for monitoring and further actions as prescribed.

2. Aircrew (cockpit crew and cabin crew)

2.1. They must satisfy the following conditions:

- They have been fully vaccinated against COVID-19, in which their last dose was given at least 14 days before or no more than 12 months until the flight departure or have certificates of recovery from COVID-19 or hospital discharge papers after COVID-19 treatment no more than 6 months until the flight departure time;

- They must have negative test certificates for SARS-CoV-2 using RT-PCR or rapid antigen tests valid for 07 days from the time when the samples are taken to before the flight departure.

2.2. During the flight:

The aircrew must strictly follow the COVID-19 safety protocols as guided by the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.

2.3. After the flight:

a) In case the crew makes a round trip flight within a day, they are not required to be tested when returning to the departure point; they must follow 5K, self-monitor their health until the next flight. Any sign such as cough, fever, shortness of breath, sore throat, loss of taste, etc., should be reported to local health authorities for monitoring and further actions as prescribed.

b) If the crew has to reside or stay in the locality of the airport or arrival airport:

- If the crew resides in the locality: They may go home, follow 5K rule, self monitor their health until the next flight. Any sign such as cough, fever, shortness of breath, sore throat, loss of taste, etc., should be reported to local health authorities for further actions as prescribed;

- If the crew needs temporary stay, the airline shall arrange accommodation in accordance with pandemic safety regulations under Decision No. 1246/QD-BYT dated March 20, 2020 of the Minister of Health.

c) case the flight has passengers or crew members positive for SARS-CoV-2: follow the guiding documents of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.

3. Localities where passengers reside or stay

- Monitor, supervise, and inspect if the residents who return to the localities comply with COVID-19 safety protocols as prescribed in local regulations, prevent the spread of the pandemic. Comply with COVID-19 safety protocols of the Ministry of Health.

- Any report on signs of fever, cough, shortness of breath, etc. or positive test for Covid-19 shall be handled as prescribed.

V. PANDEMIC CONTROL REQUIREMENTS AT AIRPORTS, AIRFIELDS

1. Develop plans to pick up and drop off passengers in and out of airports in a manner that aviation safety, aviation security, fire safety, environmental protection and regulations on COVID-19 prevention and control are ensured.

2. Airports obtain a valid certificate of airport operation issued by the Civil Aviation Authority of Vietnam.

3. Arrange points for health declaration and QR code scan.

4. Arrange points for rapid antigen test for SARS-CoV-2; arrange temporary isolation rooms or zones in well ventilated areas.

5. Arrange ticket counters, waiting rooms and places for passengers to get on and off vehicles in a manner that the requirements on COVID-19 prevention and control of the Ministry of Health are satisfied.

6. If any crew member or passenger shows signs of fever, cough, shortness of breath, fatigue, the airport or airfield must take them to an isolation place and immediately notify the local health authority for further actions.

7. Raise the awareness of measures to prevent and control the COVID-19 pandemic in public areas.

8. Require passengers to follow the COVID-19 safety protocols as prescribed in point 1, Section IV of these Regulations.

9. Post up the hotline of the local authority for reporting any breach against regulations on prevention and control of the COVID-19 pandemic.

10. Additional regulations in Decision No. 1654/QD-BGTVT of the Minister of Transport dated September 9, 2021 on Interim guidance on pandemic control to air transport business during the COVID-19 prevention and control period.

VI. REQUIREMENTS FOR AIRLINES

1. Develop passenger service procedures as prescribed in the Ministry of Transport in compliance with pandemic safety regulations. Publish requirements for passenger transport as prescribed in point 1 Section IV hereof on the website of the airline and its official ticket agents.

2. The aircrew must meet the conditions specified at Point 2, Article IV of these Regulations.

3. The airplane is licensed by the Civil Aviation Authority of Vietnam and maintains flight safety in accordance with the regulations of the Ministry of Transport on aviation safety regulations.

4. The aircraft meets the requirements under the COVID-19 safety protocols: hand sanitizers and medical masks in place; the aircraft is cleaned and disinfected after each flight.

5. No on-board services is served except drinking water.

6. Receive the commitment form attached with these Regulations of passengers when airline check-in has been done and keep the passenger's commitment to serve the monitoring after flight by Government agencies and relevant local authorities; summarize passenger information by destination and transfer it to the Airport Authority at the airport to notify the destination authority before the flight departure.

7. Provide the Ministry of Health with the list of aircrew and passengers when detecting a positive case with SARS-CoV-2 for tracing.

8. Additional regulations in Decision No. 1654/QD-BGTVT of the Minister of Transport dated September 9, 2021 on Interim guidance on pandemic control to air transport business during the COVID-19 prevention and control period.

9. Raise the awareness of passengers about COVID-19 prevention and control for passengers during flights.

VII. OPERATION PLAN

1. Application period

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

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

2. The route, frequency of operation (round trip)

- The flight from Hanoi to Ho Chi Minh City and return flight: no more than 06 daily flights one way from October 21, 2021 to November 14, 2021 and no more than 07 daily flights one way from November 15, 2021 to November 30, 2021;

- The flight from Hanoi to Da Nang and return flight: no more than 06 daily flights one way from October 21, 2021 to November 14, 2021 and no more than 07 daily flights one way from November 15, 2021 to November 30, 2021;

- The flight from Da Nang to Ho Chi Minh City and return flight: no more than 06 daily flights one way from October 21, 2021 to November 14, 2021 and no more than 07 daily flights one way from November 15, 2021 to November 30, 2021;

- Other flights: no more than 04 daily flights one way.

VIII. TRANSPORT OF PASSENGERS FROM AND TO AIRPORTS

The transport of passengers from and to airports shall comply with Interim guidance on passenger transport in five sectors (roadway, railway, inland waterway, maritime, airway) for a safe and flexible adaption to and effective control of COVID-19 (issued together with Decision No. 1740/QD-BGTVT dated October 16, 2021 of the Minister of Transport).

IX. IMPLEMENTATION

1. Civil Aviation Authority of Vietnam

- Assign tasks to agencies and units in Vietnam’s aviation sector to implement these Regulations on COVID-19 safety control.

- Assign the Airport Authorities at airports and airfields to arrange a department at the airport to receive passenger information from the airlines and send the list to the contact points in the destination localities and supervise the implementation of these Regulations.

- Coordinate with and support Ministries, provincial authorities to track down passengers who have not returned to their localities as committed.

- Send weekly reports on implementation of these Regulations to the Ministry of Transport.

- Organize a preliminary review of the implementation of these Regulations, prepare a Draft Decision on amendments to and supersedure of these Regulations and report it to the Ministry of Transport before November 25, 2021.

2. The People’s Committees of provinces and central-affiliated cities shall

- Direct local agencies and units to raise public awareness and supervise the implementation of these Regulations in provinces and cities.

- Notify Civil Aviation Authority of Vietnam of contact points who are in charge of passengers who reside and stay in provinces and cities in order for the Civil Aviation Authority of Vietnam to communicate these contact points to airport authorities. Receive passenger information from airport authorities.

- The People’s Committees of province and cities where airports are located shall direct local health authorities to cooperate with the airports to hold testing points of SARS-CoV-2 at the airports;

- Direct the local agencies in monitoring, supervising, and inspecting if the residents who return to the provinces and cities comply with COVID-19 safety protocols as prescribed in local regulations, prevent the spread of the pandemic; comply with regulations of the Ministry of Health on pandemic prevention and control.

- Coordinate with the Ministry of Transport to supervise the implementation of these Regulations./.

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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THE COMMITMENT ON COVID-19 PANDEMIC PREVENTION AND CONTROL

Applicant’s name: ……………………………………………………………………………………

Gender: ……… Date of birth: …………... Phone number: ………….……….……

ID/Citizen identity card/Passport number: …………… Date of issue: ………..…Place of issue: …………………

Permanent residence: …………………………………………………………………………….

……………………………………………………………….………….………………………

Place of residence, accommodation before getting on the plane:

Covid-risk level in the place of residence, accommodation before getting on the plane:

Health certificates:

a) Certificate of COVID-19 vaccination:

+ 1st dose: Type of vaccine: …………………….Date: ……………….

+ 2nd dose: Type of vaccine: …………………….Date: ……………….

b) Certificate of recovery from Covid-19 issued by ……………………..issued on…….

c) Negative SARS-CoV-2 test certificate issued by …….

at ….. ……on….

I wish to take the flight from ………… to ……………… Flight number ……………………. on ………………………...

Address after the flight (specify house number/commune, ward/district, town/city):

Means of transport from the airport to the accommodation after the flight: ……………..……..……..

I hereby declare that:

1. All health certificates are true and correct to the best of my knowledge. The online health declaration is truthful;

2. I will strictly follow the 5K messages at the airports before/after and during the process of movement from the airport to the place of residence; wear masks, sanitize hands and limit contact during the flight;

3. I will travel directly from the airport to the place of residence mentioned above and immediately inform the local authorities. Self monitor the health and comply with COVID-19 safety protocols in province/city and always follow 5K rules; any suspected symptoms of cough, fever, shortness of breath, sore throat, loss of taste, etc., should be reported to the health authorities for monitoring and further actions as prescribed;

4. Bear all costs related to COVID-19 prevention and control measures and requirements according to the published regulations of the destination authorities.

5. Strictly comply with local guidelines, regulations on COVID-19 prevention and control and take full legal responsibility if any information is found untrue./.