Many subjective mistakes of foreign airlines in Vietnam

A series of major international airlines in the world operating flights to/from Tan Son Nhat International Airport have violated a number of Vietnam's civil aviation regulations.

Tan Son Nhat International Airport is operating many flights to/from airlines around the world.

Many major airlines have errors.

After 5 months of inspection, the Civil Aviation Authority of Vietnam Inspectorate completed Conclusion No. 38/KL - TTHK on compliance with legal regulations for foreign airlines operating at Tan Son Nhat International Airport.

According to Decision No. 08/QD - TTHK dated September 16, 2024 of the Chief Inspector of the Civil Aviation Authority of Vietnam, foreign airlines operating at Tan Son Nhat International Airport are in the "crosshairs" including: Air Asia Behad (AK); Eva Airways (BR); China Airlines (CI); Cathay Pacific (CX); China Southern (CZ); Emirates (EK); Thai AirAsia (FD); Japan Airlines (JL); Cambodia Angkor Air (K6); Korean Airlines (KE); Malaysia Airlines (MH); Asiana Airlines (OZ); Singapore Airlines (SQ); Tiger Airways (SCOOT PTE. LTD - TR); Thai VietJet Air (VZ).

The inspection period is from January 1, 2023 to the end of the direct inspection at the unit (November 5, 2024) and other related periods.

Among these, there are many airlines that have been rated 4-5 star by Skytrax - an organization that rates aviation services - and are operating important international routes to/from Vietnam.

This is also the reason why this inspection is considered to contribute to providing a fairly realistic view of compliance with regulations on civil aviation activities of foreign airlines at Tan Son Nhat International Airport - which currently has the most international flights in Vietnam.

According to Mr. Dinh Van Cung, Chief Inspector of the Civil Aviation Authority of Vietnam, during the inspection period, foreign airlines operating at Tan Son Nhat International Airport complied relatively fully with the provisions of Vietnam's civil aviation law.

In the field of aircraft operations, airlines are all recognized by the Civil Aviation Authority of Vietnam as "Foreign Air Operators - FAOC", operating regular flights according to granted seasonal flight permits; operating safe flights.

In the field of aviation security, all airlines have been approved by the Civil Aviation Authority of Vietnam to have an Aviation Security Program approved by the aviation authorities of the host country; to inform and disseminate aviation security regulations to passengers; to conduct aviation security training for employees; and to ensure aviation security for flights.

However, in addition to the achieved results, the Inspectorate of the Civil Aviation Authority of Vietnam still recorded many shortcomings and limitations of airlines in their operations at Tan Son Nhat International Airport.

Specifically, KE, BR, JL have not been granted the right to conduct regular air transport to and from Vietnam by the Civil Aviation Authority of Vietnam as prescribed in Articles 112, 113, 114 of the Law on Civil Aviation of Vietnam; Chapter VI, Circular No. 81/2014/TT-BGTVT regulating air transport and general aviation activities.

FAOC issued to CI with validity from June 29, 2022 to June 29, 2023 without date of issue; issued to JL with date of issue January 16, 2023 with validity from Jal 20, 2023 to Jal 20, 2024 with operating ratings with validity from Jal 20, 2023 is incorrect, FAOC valid from January 20, 2024 to January 20, 2025 with issue date January 18, 2023 is incorrect.

Regarding compliance with regulations on flight operations management, the Inspectorate of the Civil Aviation Authority of Vietnam noted that during the inspection period, aircraft and flight crews complied with regulations on flight operations management when operating within Vietnam's territory.

However, there are a number of incidents related to the Visual Aircraft Parking Guidance System - VDGS, of which KE airline had 2 incidents, CX had 5 incidents, MH had 5 incidents; 1 incident of a flight taxiing to the wrong parking position 07, colliding with a lamp post and breaking the lighting pole of BR airline on flight BR396 on July 3, 2024; 1 incident of operating an aircraft for commercial purposes without permission from CX airline for flights CX767, CX766 on April 10, 2024.

Many subjective errors

An important issue that the Inspectorate of the Civil Aviation Authority of Vietnam pays special attention to with regard to foreign airlines operating at Tan Son Nhat International Airport is the quality of passenger services at the airport and non-refundable advance compensation in air passenger transport.

According to the records, airlines, including KE, FD, OZ, TR, VZ, EK, JL did not send the Passenger Service Procedures to the Civil Aviation Authority of Vietnam and the Southern Airports Authority as prescribed in Clause 3, Article 4, Circular No. 36/2014/TT-BGTVT regulating the quality of passenger services at airports (Circular 36).

Airlines, including CX, MH, CI, K6, SQ, did not submit Passenger Service Procedures and amendments and supplements to the Civil Aviation Authority of Vietnam.

“The responsibility for the above violations belongs to airlines KE, FD, OZ, TR VZ, EK, JL, CX, MH, CI, K6, SQ; the responsibility of leaders and specialists of the Air Transport Department and the Southern Airports Authority is to monitor and supervise the implementation of the Passenger Service Procedures,” the Inspector of the Civil Aviation Authority of Vietnam assessed.

Regarding passenger services at departure points, the Inspectorate of the Civil Aviation Authority of Vietnam discovered that MH Airlines did not announce counter opening time; EK did not announce counter closing time; TR, K6 announced counter opening time not in accordance with Circular 36; KE, FD, MH, OZ, TR, VZ, EK announced counter closing time not in accordance with Circular 36.

In addition, airlines including MH, OZ, TR, VZ, FD do not specify in the Transport Regulations, publicly; CI does not specify in the Transport Regulations the list of restricted items for transport that are not on the list of dangerous items that cannot be transported by air as prescribed in Clause e, Article 2, Circular 36.

Regarding passenger services for delayed, interrupted, or canceled flights, the Civil Aviation Authority of Vietnam Inspectorate noted that airlines have provided information on flight status to Tan Son Nhat International Airport and the Southern Airports Authority; arranged staff to notify and organize the provision of services, and resolve passenger inquiries and needs as prescribed in Clause 1, Article 7, Circular 36.

Airlines also implement regulations in case of flight delays or interruptions of scheduled transportation of 15 minutes or more compared to the flight schedule based on regulations in Clause 2, Article 7, Circular 36.

However, there are still some cases such as KE, OZ, EK, JL, SQ, CI, K6, TR that do not provide information about flight delays to the Southern Airport Authority as prescribed in Clause 1, Article 7, Circular 36...

Regarding the implementation of non-refundable advance compensation in air passenger transportation, the Inspectorate of the Civil Aviation Authority of Vietnam noted that a number of airlines did not provide non-refundable advance compensation to passengers as prescribed in Clause 1, Article 4, Circular No. 14/2015/TT-BGTVT (Circular 14), including: MH (5 flights), TR (1 flight), K6 (6 flights).

Airlines including: KE, TR, K6, SQ do not publicly announce on the Electronic Information Page, at Tan Son Nhat International Airport; BR, FD, AK, CI do not publicly announce on the Electronic Information Page; CZ, VZ do not publicly announce at Tan Son Nhat International Airport about cases of non-refundable advance compensation, compensation levels, detailed compensation methods and time limits, specific addresses for compensation implementation according to regulations in Clause 2, Article 4, Circular 14.

There are 3 airlines that did not provide information to the Southern Airport Authority about the reasons for flight cancellations and long flight delays immediately after the decision to cancel or after determining that the flight was long delayed according to regulations in Clause 3, Article 4, Circular 14, including: MH (6 flights); EK (2 flights); K6 (3 flights).

The Inspectorate of the Civil Aviation Authority of Vietnam recorded that 4 airlines did not report to the Southern Airport Authority the non-refundable advance compensation of flights as prescribed in Clause 4, Article 4, Circular 14, including: MH (5 flights); TR (1 flight); AK (2 flights) and K6 (3 flights).

In particular, CZ stipulates the level of non-refundable advance compensation that is not in accordance with the provisions of Clause 3, Article 8, Circular 14.

According to the assessment of the Inspectorate of the Civil Aviation Authority of Vietnam, the subjective cause leading to the above violations and problems is that foreign airlines at Tan Son Nhat International Airport have not fully fulfilled their responsibilities in complying with the provisions of the civil aviation law; some airlines have not paid attention to assigning staff in charge of aircraft operations and aviation security.

Airlines fined for administrative violations

- KE, VZ, CI for the act of "not providing the Aviation Security Program and Aviation Security Regulations to the Airport Authority as prescribed" as prescribed in Point g, Clause 2, Article 27, Decree No. 162/2018/ND-CP.

- CZ for the act of: "failing to carry out security seals on aircraft, vehicles, equipment, goods, meals, and postal items as prescribed or improperly carrying out security seals" as prescribed in Point h, Clause 2, Article 27, Decree No. 162/2018/ND-CP.

- KE, OZ, TR, VZ, EK, JL, CX, MH, C1, K6, SQ for the act of "not sending passenger service procedures at the airport to the competent state agency as prescribed" as prescribed in Point e, Clause 1, Article 23, Decree No. 162/2018/ND-CP.

- TR, VZ, CI for the act of "not posting or publicly announcing the hotline as prescribed" as prescribed in Point c, Clause 1, Article 22, Decree No. 162/2018/ND-CP supplemented as prescribed in Point b, Clause 12, Article 3, Decree No. 123/2021/ND-CP.

- EK, K6, MH for the act of "not providing information on the reasons for flight cancellations or long flight delays as prescribed" as prescribed in Point 1, Clause 3, Article 24, Decree No. 162/2018/ND-CP supplemented by the provisions of Clause 14, Article 3, Decree No. 123/2021/ND-CP".

- MH, K6 for the act of "not performing or not fully performing obligations as prescribed in cases of interrupted transportation, delays, flight cancellations, early departures, and passengers being denied transportation" as prescribed in Point c, Clause 4, Article 24, Decree No. 162/2018/ND-CP.

- KE, TR, K6, SQ, BR, FD, AK, CI, CZ, VZ for the act of "not publicly announcing cases of non-refundable advance compensation, compensation levels, details of compensation methods and terms, and specific addresses for compensation implementation as prescribed" as prescribed in Point d, Clause 3, Article 24, Decree No. 162/2018/ND-CP.

- MH219, AK220, K6221 for the act of "not reporting or not fully reporting on non-refundable advance compensation as prescribed" as prescribed in Point m, Clause 3, Article 24, Decree No. 162/2018/ND-CP.

Source: https://baodautu.vn/nhieu-loi-chu-quan-cua-cac-hang-bay-ngoai-tai-viet-nam-d251630.html