The Government has issued Decree No. 208/2026/ND-CP dated June 15, 2026 regulating air transport, effective from July 1, 2026. In which, it clearly stipulates the obligations of airlines to passengers in case of flight delays, from notification, food service to ticket refund and accommodation arrangement.
The time determined is the flight delay.
According to the Decree, the flight schedule is based on the flight schedule announced by the airline to sell tickets to passengers, updated until 3:00 PM on the day before operation. For domestic flights, this flight schedule must be publicly available on the airline's electronic information page for passengers to access.
A flight is defined as a delay when the actual take-off time is 15 minutes later than the departure time according to the base flight schedule; a delay of 4 hours or more is considered a prolonged flight delay.
When a flight is expected to be delayed, the airline is responsible for promptly notifying, apologizing to passengers, stating the reason and updating the new take-off time on the airport's information system with a frequency of at least 30 minutes at a time.
For flights delayed by 2 hours or more, the airline must serve drinks or provide vouchers of equivalent value to passengers. In case the cause of flight delay is due to the airline's fault, the transportation unit must also support changing flights or changing routes to take passengers to the destination as requested without collecting additional related fees.
If the flight is delayed by 3 hours or more, the airline must serve food or vouchers of equivalent value, and continue to fulfill the obligations to support flight changes and route changes.
Notably, for flights delayed by 4 hours or more due to airline errors, passengers have the right to be refunded the entire ticket price or unused part of the ticket if they do not agree to change flights or change routes.
The airline must also make non-refundable advance compensation to passengers who have confirmed seats and tickets on the flight. This compensation is only made once for each flight.
For flights delayed from 6 hours or more, in addition to the above obligations, the airline must arrange suitable accommodation for passengers. If the delay time lasts from about 7 am to before 10 pm, the airline must arrange accommodation suitable to the actual conditions at the airport.
In case the waiting time lasts from 10 pm the previous day to before 7 am the next day, the airline must arrange accommodation suitable to the actual conditions of the locality or have alternative solutions if passengers agree.
Relocation arrangement regulations do not apply in cases where passengers accept ticket refunds.
The Decree also clearly states that the obligations for serving food and rest only apply to passengers with tickets, who have confirmed their seats and are present at the airport.
The Minister of Construction will detail the amount of non-refundable advance compensation, methods and terms of compensation, as well as the responsibility of airlines to disclose information and reports in cases of flight delays, cancellations or refusal to transport passengers.
Passengers must get off the plane if they are delayed for more than 3 hours.
Also according to Decree No. 208, cases of flight delays with passengers on board (Tarmac delay) are determined when the aircraft has closed, passengers have boarded but have not yet taken off, and the time from the time the aircraft is closed to the actual takeoff time lasts from 30 minutes or more.
During the waiting time in the cabin, the airline is responsible for serving drinking water to passengers; and at the same time ensuring ventilation, cabin temperature and meeting the hygiene needs of passengers.
For cases where passengers need emergency medical assistance, transporters must proactively implement support measures appropriate to the actual situation.
Notably, if the flight is delayed by more than 3 hours and the takeoff time has not been determined, the airline must take passengers off the plane, unless this may affect aviation safety or security.
In addition to separate obligations for cases of flight delays in the cabin, airlines must still fully implement the responsibilities prescribed for delayed flights according to Article 36 of Decree 208/2026/ND-CP.
The flight delay time to determine the airline's obligations is calculated from the departure time according to the flight schedule based on the actual departure time of the aircraft.
