THE MINISTRY OF
FINANCE
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 299/1998/QD-BTC
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Hanoi, March 16, 1998
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DECISION
ISSUING THE REGULATION ON OBLIGATORY INSURANCE FOR MOTORIZED
VEHICLE OWNERS' CIVIL RESPONSIBILITY AND THE PREMIUM AND INSURED RESPONSIBILITY
LEVEL INDEX
THE MINISTER OF FINANCE
Pursuant to Decree No.178-CP of October 28,
1993 of the Government stipulating the function, tasks, powers and
organizational structure of the Ministry of Finance;
Pursuant to the Civil Code promulgated on October 28, 1995;
Pursuant to Decree No.100-CP of December 18, 1993 of the Government on
insurance business and Decree No.74-CP of June 14, 1997 amending and
supplementing a number of articles of Decree No.100 of December 18, 1993 of the
Government on insurance business;
Pursuant to Decree No.115/1997/ND-CP of December 17, 1997 of the Government on
the regime of obligatory insurance for civil responsibility of the owners of
motorized vehicles;
At the proposal of the Director of Financial Department for Banks and Financial
Institutions,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on obligatory insurance
for the motorized vehicle owners' civil responsibility and the Premiums and
Insured Responsibility Level Index.
Article 2.- This
Decision takes effect 15 days after its signing and replaces Decision
No.504/TCBH of November 20, 1991 of the Minister of Finance promulgating the
Regulation on the motorized vehicle insurance and the premium index as well as
Decision No.715/TC/BH of October 19, 1993 of the Minister of Finance
readjusting the responsibility and premium levels of obligatory insurance for
civil responsibility of the motorized vehicle owners.
Article 3.- The Director
of the Financial Department for Banks and Financial Institutions, Director of
the Office of the Ministry of Finance and heads of concerned units shall have
to inspect and supervise the implementation of this Decision.
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FOR THE MINISTER OF
FINANCE
VICE MINISTER
Le Thi Bang Tam
REGULATION
ON OBLIGATORY INSURANCE FOR THE MOTORIZED VEHICLE OWNERS' CIVIL RESPONSIBILITY
(Issued
together with Decision No.299/1998/QD-BTC of March 16, 1998 of the Minister of
Finance)
Chapter I
GENERAL PROVISIONS
Article 1.- Objects
and scope of application:
1. The insurance enterprises and the owners of
motorized vehicles including foreign owners using motorized vehicles on the
territory of the Socialist Republic of Vietnam are obliged to abide by the
regime of obligatory insurance for civil responsibility of the motorized
vehicle owners.
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- Insurance for the responsibility of paying
damages outside the contract caused by the motorized vehicle against a third
person;
- Insurance for civil responsibility of the
motorized vehicle owners toward passengers under the passenger transport
contracts.
Article 2.- In this
Regulation, the following conceptions are construed as follows:
1. The third persons are persons suffering from
physical and property damage caused by motorized vehicles, excluding those
onboard the vehicles, drivers and their assistants and passengers on such
vehicles.
2. Passengers are passengers on vehicles under
the passenger transport contracts who suffer from damage in lives or health.
3. The insured responsibility level is the
largest sum of money an insurance enterprise may have to pay in each case of
accident that occurs within the insured responsibility.
4. An intentional act of causing damage is the
case where a person is fully aware that his/her act shall cause damage to other
person(s) but still commits such act and let the damage occurs at will or not
at will.
Article 3.- Insurance
contract:
The insurance certificates issued by insurance
enterprises at the request of the insured constitute the evidence of the
signing of contracts between the motorized vehicle owners and the insurance
enterprises.
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The insurance enterprises and the motorized
vehicle owners shall have to implement the insurance according to the Premium
and minimum Insured Responsibility Level Index issued together with Decision
No.299/1998/QD-BTC of the Minister of Finance.
The insurance enterprises may negotiate with the
vehicle owners to effect the insurance according to the premium index and
higher responsibility level or a broader scope of insured risks according to
the insurance regulation, premium index and insured responsibility level, which
the insurance enterprises have registered with the Ministry of Finance.
Article 5.- Insurance
effect:
The insurance effect shall begin and expire
under the provisions stated in the insurance certificates. The insurance
enterprises shall grant insurance certificates only after the motorized vehicle
owners fully pay the insurance premium (except otherwise properly agreed).
Article 6.- Transfer of
ownership:
During the effective duration stated in the
insurance certificate, if the vehicle ownership is transferred and the
motorized vehicle owner does not request the cancellation of the insurance
contract, all insurance interests related to the insured vehicle remain
effective to the new owner of the motorized vehicle.
Article 7.- Contract
cancellation:
In cases where a motorized vehicle owner
requests the cancellation of the insurance contract, he/she shall have to
notify in writing the insurance enterprise thereof 15 days in advance. If
within 15 days from the receipt of the written notice of the cancellation the
concerned insurance enterprise has no opinion, the insurance contract is
automatically cancelled and the insurance enterprise shall refund 80% of the
insurance premium for the cancelled period except for cases where occurs the
insured incident related to the vehicle for which the insurance is requested to
be cancelled.
Article 8.-
Responsibilities of the motorized vehicle owners:
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2. When traffic accidents occur, the motorized
vehicle owners shall have the responsibility:
2.1. To provide rescue and first-aids, limit the
damage caused to human lives and property, protect the accident scenes and
immediately report to the nearest traffic police for coordinated settlement of
the accidents. Unless they have plausible reasons, the motorized vehicle owners
shall, within 5 days from the occurrence of the accident, have to send the
accident notice to the concerned insurance enterprises;
2.2. Not to remove, disassemble or repair the
property without consents of insurance enterprises, except where it is
necessary to do so to ensure the safety for people and property or where it is
so requested by the competent agency(ies).
2.3. To make the reservation of the right to
lodge complaints and transfer to the insurance enterprises the right to ask for
compensasion within the amount of money the insurance enterprise already
indemnified, enclosed with all necessary relevant vouchers if the accident is
related to the responsibility of the third person.
3. The motorized vehicle owners must be honest
in the gathering and provision of documents and vouchers in the
compensasion-demanding dossiers and create favourable conditions for the
insurance enterprises to verify the authenticity of such documents and
vouchers.
4. In cased where the purpose of using a vehicle
is altered, the new owner of the motorized vehicle shall have to promptly
inform the insurance enterprise thereof for properly readjusting the premium
rates.
If a motorized vehicle owner fails to fulfill
the above-mentioned responsibilities, the insurance enterprise may refuse part
or whole of the compensasion money corresponding to the damage caused due to
the fault of the motorized vehicle owner.
Article 9.-
Responsibilities of insurance enterprises:
1. The insurance enterprises shall have the
responsibility:
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- To guide and create favourable conditions for
the motorized vehicle owners to buy the insurance.
2. For especially serious accidents (causing
death or injury to many persons or property damage of 20,000,000 (twenty
million) VN dong or more, the concerned insurance enterprises shall have to
closely coordinate with the involved motorized vehicle owners and functional
agencies right from the beginning to settle the cases. If necessary, the
insurance enterprises shall have to pay in advance for necessary and reasonable
expenses within the scope of insured responsibility in order to best overcome
the consequences of the accidents.
3. The insurance enterprises shall have to
coordinate with the police offices in gathering necessary papers related to the
accidents within the scope of insured responsibility.
4. When the compensation dossiers are complete
and valid, the insurance enterprises shall have to consider and pay the damages
within the compensation timelimits prescribed in Article 16 below.
Article 10.- Repeated
insurance:
In cases where the insurance for a motorized
vehicle is repeated, its owner shall have to immediately notify the concerned
insurance enterprise of the names of other insurance enterprises and the amount
of premium paid to each of them, except otherwise provided for by the insurance
contract.
In case of repeated insurance, the responsibility
of each insurance enterprise shall correspond to the amount of insurance
premium it has received and all such insurance enterprises shall only bear the
responsibilities within the insured responsibility level prescribed in the
Index of premiums and insured responsibility levels issued together with this
Regulation.
Chapter II
SPECIFIC PROVISIONS
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Within the scope of insured responsibility
levels stated in the insurance certificates, the insurance enterprises shall have
to pay the motorized vehicle owners the amounts of money they have paid in
compensation under the Civil Code for the damage caused to the third persons
and passengers transported on their vehicles under the transport contracts.
Specifically:
1. For people: The payment is calculated on the
basis of the stipulations in the transport contract, if any (for passengers
transported on the vehicle according to the transport contracts), reasonable
expenses for first-aids and treatment, health recuperation, incomes actually
lost or reduced, feeding up and care of the victims before they die, reasonable
funeral cost... and the extent of the vehicle owner's fault. The total amount
of damages shall not exceed the insured responsibility levels for human being
as prescribed in the Premium and Insured Responsibility Level Index issued
together with Decision No.229/1998/QD-BTC of the Minister of Finance;
2. For property: It is calculated according to
the actual damage and the extent of fault of the motorized vehicle owner. The
total amount of damages shall not exceed the insured responsibility level for
the property as prescribed in the Premium and Insured Responsibility Level
Index issued together with Decision No.299/1998/QD-BTC of the Minister of
Finance;
3. Necessary and reasonable expenses for
preven-ting and limiting the accident-related damage, which the motorized
vehicle owners have already paid;
The total of the above-said expenses must not
exceed the total responsibility level stated in the insurance certificates.
Article 12.- Expertise
of damage:
Every property damage within the insured
responsibility shall be expertised by the insurance enterprise (except
otherwise provided for) to the witness of the motorized vehicle owner, the
third person or the lawful representatives of parties involved in order to
determine the cause and the extent of damage caused by the accident.
In cases where the motorized vehicle owner
disagrees with the damage extent determined by the insurance enterprise, the
two sides shall agree to choose a professional technical expert to perform the
expertise. The conclusion of the professional technical expert shall be the
final decision. If the conclusion of the professional technical expert is
different from the conclusion of the insurance enterprise, the insurance
enterprise shall have to pay the expertising costs. If the conclusion of the
professional technical expert is the same as the conclusion of the insurance
enterprise, the motorized vehicle owner shall have to bear the cost of
expertise.
In special cases where the insurance enterprise
is unable to make a record on the expertise, the reports and conclusions of
competent functional agencies as well as the gathered material evidences
(photos, declarations of parties involved...) shall serve as basis for
determining the damage extent.
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The insurance enterprises shall not have to pay
compensation for the damage caused in the following circumstances:
1. Acts of deliberately causing damage by the vehicle
owners or victims;
2. Vehicles having no technical and
environmental safety inspection certificates;
3. Drivers having no valid driving licenses (for
motorized vehicles that require driving licenses); drivers found with alcoholic
strength exceeding the currently prescribed level as concluded in writing by
competent State bodies.
4. Vehicles carrying inflammables or explosives
illegally (without transport permits or the transport thereof contrary to the
provisions in the transport permits).
5. Vehicles used for driving practice, sport
race, illegal race, post-repair test run (except otherwise agreed upon);
6. Vehicles moving into no-entry roads or
restricted areas, or moving at night without adequate head lights as
prescribed;
7. War and other causes similar to war;
8. Accidents occurring outside the territory of
the Socialist Republic of Vietnam (except otherwise agreed upon);
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10. Damage to property stolen or robbed in
accidents;
11. Vehicles overloaded with cargo or with
passengers exceeding the prescribed number.
Besides, the insurance enterprises shall not
have to pay compensation for damage caused to special property including:
- Gold, silver and precious stones;
- Money and papers of monetary value;
- Antiques, precious and rare paintings and
photos;
- Human corpses and remains.
Article 14.-
Compensation dossiers.
A compensation dossier includes the following
papers:
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2. Copies of the following papers:
2.1. The insurance certificate;
2.2. The driving license (for motorized vehicles
that require the driving licenses).
2.3. The vehicle registration certificate;
2.4. The technical and environmental safety
inspection certificate;
2.5. The business registration license for
passenger transport in case of the request for compensation to the passengers
having suffered from damage in lives or health;
3. The accident inspection conclusion of the
police or the copy of the accident dossier (with certification of the police in
the locality where the accident dossier was received), including:
3.1. The sketch of the traffic accident scene;
3.2. The report on the scene inspection.
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3.4. The report on the handling of the traffic
accident;
4. The court decision (if any);
5. Papers related to the responsibility of the
third person (if any);
6. The report on expertise of the damage (if
any).
Article 15.-
Compensation- requesting procedures
When requesting the compensation, the motorized
vehicle owner shall have to send to the insurance enterprise the compensation
dossiers as provided for in Article 14 and the following papers:
1. For human damage:
1.1. In case of injury: Papers issued by
competent medical bodies certifying the victim's injury caused by the traffic
accident such as the certificate of the victim's injury, the hospital release
paper, the surgery card and papers related to expenses for healthcare and
treatment...
1.2. In case of death: The certificate of the
victim's death.
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3. Papers proving necessary and reasonable
expenses already paid by the vehicle owner in order to minimize the damage or
to follow the instructions of the insurance enterprise.
Chapter III
DISPUTE SETTLEMENT
Article 16.- The
timelimits for demanding, paying and/or complaining about compensation:
1. The timelimit for the motorized vehicle owner
to demand compensation is six (6) months from the date the accident occurs
except for case of delay due to objective reasons or force majeure as
prescribed by law.
2. The timelimit for the insurance enterprise to
pay the damages is fifteen (15) days from the receipt of the complete and valid
dossier on compensation and shall not be longer than 30 days if the
verification of the dossier must be conducted.
In case of refusal to pay damages, the insurance
enterprise shall have to notify the motorized vehicle owner of the reason
therefor within the above-said timelimit.
3. The timelimit for the motorized vehicle owner
to lodge complaint about compensation is three (3) months from the date the
insurance enterprise pay or refuses to pay the damages. Past that timelimit,
all complaints shall be invalid.
4. In cases where a third person or a passenger
under a transport contract, who suffered from physical and property damage
caused by the insured vehicle, lodges complaint, directly demanding the
involved insurance enterprise pay the damages, the latter shall have to contact
the motorized vehicle owner in order to make satisfactory compensation
according to the stipulations in this Regulation.
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All disputes arising from insurance contracts,
if being unable to be settled through negotiations between involved parties,
shall be brought to court in Vietnam for settlement.
FOR THE MINISTER OF
FINANCE
VICE MINISTER
Le Thi Bang Tam
INDEX
OF PREMIUMS AND LEVELS OF INSURANCE FOR CIVIL LIABILITY OF MOTORIZED VEHICLE
OWNERS
(Issued
together with Decision No.299/1998/QD-BTC of the Minister of Finance)
1. The insured responsibility levels.
1.1. For people: 12 million VND/person (for
third persons and passengers under the passenger transport contracts)
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2. Insurance premium (for the third
persons and passengers under passenger transport contracts).
Serial number
Types of vehicle
Annual premium (VND)
1
Motorized two-wheelers:
- Of 50 CC or under
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- Over 50 CC
44,000
2
Lambretta, sidecars, motorized pedicabs,
three-wheelers with trailers
113,000
3
Passenger cars
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- Of 05 seats or less
160,000
- Of from 06 to 15 seats
380,000
- Of from 16 to 24 seats
620,000
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900,000
4
Trucks
- Of under 3 tons
240,000
- Of from 3 to 8 tons
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- Of over 8 tons
510,000
5
Passenger-cum-cargo vehicles
320,000
6
Tractors of various types
Calculated according to tonnages as for trucks in
Item 4.
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Trailers
30% of the premium for trucks in Item 4
8
Vehicles with special-purpose equipment such as lifting,
loading, cleaning equipment, concrete mixers,... oil or gas tankers of the
same tonnage
Equal to 120% of the premium for vehicles
3. Other stipulations:
3.1. For vehicles with business licenses for
inter-provincial passenger transport: the prescribed premium plus 30% thereof;
for intra-provincial buses the prescribed premium plus 15% thereof.
3.2. For taxi, the prescribed premium plus 30%
thereof.
3.3. Vehicle owners who have 50 or more vehicles
insured at an insurance enterprise shall be entitled to a 15% - reduction of
the total payable premium.
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Under 3 months: 30% of the annual premium.
From 3 to 6 months: 60% of the annual premium.
From over 6 to 9 months: 90% of the annual
premium.
Over 9 months: 100% of the annual premium.