Government issues new rules on flight delay, cancellation compensation

The Government has issued Decree No. 208/2026/ND-CP on air transport. Notably, the decree sets out regulations on airlines’ obligations to provide assistance and compensation to passengers in cases of flight delays, cancellations, schedule changes.

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Passengers wait for departure at the airport. (Photo: SGGP)

Regarding carriers’ obligations to passengers in cases of flight delays, Article 36 of the decree stipulates that the reference flight schedule shall be the schedule published by the carrier for booking and ticket sales purposes, based on the version updated as of 3:00 p.m. (Hanoi time – the data cut-off time) on the day preceding the scheduled date of operation. For domestic flights, the reference flight schedule must be published on the carrier’s website to ensure passengers can access the information.

A delayed flight is defined as a flight whose actual departure time is more than 15 minutes later than the departure time specified in the reference flight schedule.

A prolonged delay refers to a flight that is delayed by four hours or more compared to the departure time stated in the reference flight schedule.

When a carrier anticipates a flight delay, it must promptly notify passengers, apologize, and explain the reason for the delay. The carrier must also provide updated estimated departure times to the airport operator and the passenger terminal service provider for display on flight information screens at the airport, with updates made at least once every 30 minutes.

For flights delayed by two hours or more, carriers are required to provide passengers with drinking water or vouchers of equivalent value. Within the scope of the carrier’s available services, the carrier must also arrange rebooking or rerouting to enable passengers to reach their final destination upon request. In cases where the delay is attributable to the carrier, any restrictions on itinerary changes or flight changes, as well as any related surcharges, must be waived for affected passengers.

For flights delayed by three hours or more, carriers are required to provide meals or vouchers of equivalent value to affected passengers.

For flights delayed by four hours or more, carriers are required to provide a full refund of the ticket fare or refund the unused portion of the ticket. They must also make an advance, non-refundable compensation payment to passengers holding confirmed reservations and valid tickets for the affected flight. Such advance compensation shall be provided only once per flight, including cases of delays that occur after passengers have boarded the aircraft. This requirement applies solely to delays attributable to the carrier.

For flights delayed by six hours or more, the decree stipulates that if the delay occurs between 7:00 a.m. and before 10:00 p.m., the carrier is required to arrange suitable resting facilities, subject to the actual conditions at the airport.

If the delay extends from 10:00 p.m. to before 7:00 a.m. the following day, the carrier must provide appropriate sleeping or accommodation arrangements in line with local conditions or offer an alternative solution with the passenger’s consent. This requirement does not apply to passengers who choose to accept a ticket refund.

The provisions on carriers’ obligations to provide meals, beverages, and accommodation apply only to passengers holding valid tickets, having confirmed reservations, and being present at the airport.

The decree also stipulates that the Minister of Construction shall issue detailed regulations on the level of advance non-refundable compensation and the procedures and timelines for such compensation, as well as carriers’ obligations regarding information disclosure and reporting in cases of flight delays, cancellations, and denied boarding, among others.

The decree will take effect on July 1, 2026.

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