Vietnam — non-refundable advance compensation for delayed and cancelled flights

The clocks it starts

• Two years for a Montreal Convention claim (Art. 35)This is the limitation period for the Convention claim for proven delay damages on international carriage, not for any national compensation scheme, which may have its own. It is fatal to the Convention claim specifically, and correspondence does not suspend it.Montreal Convention 1999, Art. 35(1) — Art. 35(1)Limitation period

What it entitles you to, beyond money

• The advance compensation is on top of the refundTwo separate obligations. If the flight did not operate, the fare comes back; the advance compensation is paid because you were disrupted. A carrier that returns the fare and stops has done half of what it owes.
• Refund deadlines fixed by payment methodThe 2026 circular sets explicit refund deadlines that depend on how you paid — the first time Vietnamese law has done so. If the carrier is slow, ask it to state the deadline applicable to your payment method under the circular; that question usually produces the refund.
• You do not have to prove any lossThis is what "ứng trước không hoàn lại" means: paid in advance, non-refundable, no proof of loss. You are not required to show receipts, a missed meeting or a wasted hotel night to receive it. Anything the disruption actually cost you is a separate claim.
• Montreal Convention damages for delay (international carriage)On international carriage between States Parties, Art. 19 of the Montreal Convention makes the carrier liable for the damage the delay actually caused you — the unused hotel night, the missed onward booking, the extra meals and transport — unless it proves it took all measures that could reasonably be required. It is capped at 6,303 SDR per passenger (the figure ICAO set with effect from 28 December 2024) and it requires receipts, not a formula. This claim exists independently of any national scheme, and airlines never mention it. The right is extinguished two years after arrival under Art. 35.Art. 19, Art. 22(1)

Where to take it next

1. 01Written claim to the airlineWrite to the carrier asking for the non-refundable advance compensation under Circular 48/2026/TT-BXD, naming the flight and the length of the delay, and asking it to state the distance band and the figure. Ask separately for the refund and for its statutory deadline.Claim direct·typically 30 days
2. 02Civil Aviation Authority of Vietnam (Cục Hàng không Việt Nam)The CAAV supervises carriers and enforces the advance-compensation regime. It is also the body that can tell you the correct figure for your band.Regulator·typically 90 days·official page
3. 03People's Court claimBinding on themAvailable where the carrier refuses. Vietnamese consumer protection law supports the claim and the sums are small enough for a simplified procedure.Small claims·typically 180 days