THE MINISTRY
OF FINANCE
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:
115/2014/TT-BTC
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Hanoi, August
20, 2014
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CIRCULAR
PROVIDING GUIDANCE ON THE INSURANCE POLICY STIPULATED IN THE
GOVERNMENT'S DECREE No. 67/2014 / ND-CP DATED JULY 07, 2014 ON SEVERAL POLICIES ON FISHERY DEVELOPMENT
Pursuant to the Law on Insurance Business
dated 2000, the Law on amending and supplementing a number of articles of the
Law on Insurance Business and documents guiding the implementation;
Pursuant to the Government's Decree No.
215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No.
60/2003/NĐ-CP dated June 6, 2003providing instructions on the implementation of
the Law on State budget;
Pursuant to the Government's Decree No.
67/2014 / ND-CP dated July 07, 2014 on several policies on fishery development
;
At the request of the Director of the
Department of Insurance Management and Supervision;
The Minister of Finance promulgates the
Circular providing guidance on the insurance policy stipulated in the
Government's Decree No. 67/2014 / ND-CP dated July 07, 2014 on several policies
on fishery development
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GENERAL PROVISIONS
Article 1. Governing scope
This Circular provides guidance on the insurance
policy stipulated in the Government's Decree No. 67/2014 / ND-CP dated July 07,
2014 on several policies on fishery development (hereinafter referred to as
Decree No. 67/2014/NĐ-CP).
Article 2. Regulated
entities
1. Insurers permitted to provide insurance under
the provisions of Decree No. 67/2014 / ND-CP (hereinafter referred to as the
insurers).
2. Organizations and individuals eligible for
financial supports to purchase insurance under the provisions of Decree No.
67/2014 / ND-CP.
3. Agencies, organizations, and individuals
relating to the implementation of insurance policy as prescribed in Decree No.
67/2014/NĐ-CP.
Chapter II
SPECIFIC PROVISIONS
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1. Provide insurance against all risks with the
highest compensation within the limits on insurance scope and the insurance
payout in accordance with the law on insurance business and the insurance
contracts, except for of the risks on account of the policyholders and the
insurance-profiteering behaviors.
2. Ship-owners are responsible for purchasing
accident insurance for crew members working on ship and concluding accident
insurance contracts with insurers.
3. Financial support to buy insurance is done
through insurers under the procedures stipulated in Article 8 hereof after the
insurance contract is concluded from which insurance liability arises.
4. Insurers shall provide insurance according to
the rules, provisions, charges registered and approved by the Ministry of
Finance.
Article 4. Requirements for
insurers
Insurers must meet the following requirements:
1. Requirements for financial capability
a) Have at least VND 800 billion of charter
capital and total assets of VND 2,000 billion at the end of the latest fiscal
year.
b) Ensure the solvency margin in accordance with
the law.
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a) Have a system of exploitation, assessment,
compensation of insurance for sailors; insurance for body of the ship,
equipment and fishing gear (hereinafter referred to as fishing insurance).
b) Have reinsurance program in order to protect
the fishing insurance program.
3. Requirements for the network of fishing
insurance
Have branches in at least 10 central-affiliated
cities and provinces where the ships are registered.
4. Requirements for experience of providing
fishing insurance
a) Have at least 10 years of insurance
operations, including at least 5 years of providing fishing insurance.
b) Have at least VND 15 billion of total revenue
from premium of fishing insurance in the last 5 years.
5. Make commitment to compliance with the law
and guiding documents of the Ministry of Finance.
6. Gain the approval of providing fishing
insurance from the Ministry of Finance
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1. The application for approval of provision of
fishing insurance includes the following documents:
a) A written request for providing fishing
insurance using the form provided in Appendix 1 enclosed with this Circular.
b) A copy of the documents showing that the
conditions specified in Clause 2, Article 4 of this Circular are met and the
Report on revenues, compensations for fishing insurance of the last 5 years
recognized by the legal representative of the insurer.
2. Within five (05) working days from the date
of receipt of a satisfactory application as prescribed in paragraph 1 of this
Article, the Ministry of Finance shall make a written reply of approval or
disapproval. In case of disapproval, the Ministry of Finance must clearly
provide explanations.
Article 6. Entities eligible
for financial support
1. Owners of offshore fishing vessels, offshore
fishing logistics service vessels of which main engines have a total capacity
of 90 CV or more fully meeting the following requirements:
a) Be members of fishing teams, cooperatives;
b) Have the Certificate of vessel registration,
Certificate of technical safety issued by competent State agencies under the
law;
c) Have license for fishery exploitation for
offshore fishing vessels or the registration of offshore fishing logistics
service vessels as prescribed by law;
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dd) Gain the recognition of eligibility for
financial support from People’s Committees of communes
2. The crew members working on vessels fully
meet the requirements stipulated in Paragraph 1 of this Article.
Article 7. Support of the
State
1. Funding levels provided by the State budget
The funding provided by the State budget
supports the purchase of insurance for offshore fishing vessels, offshore
fishing logistics service vessels which are members of fishing teams,
cooperatives and of which main engine’s total capacity is 90 CV or more. To be
specific:
a) Annual support which covers 100% of premiums
of accident insurance for each crew member working on the vessel.
b) Annual support for premiums of insurance for
body of the vessel, equipment, fishing gear on each vessel as follows:
- 70% of insurance premiums for vessels of which
main engine’s total capacity is from 90 CV to less than 400 CV;
- 90% of insurance premiums for vessels of which
main engine’s total capacity is 400 CV or more;
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Funding is covered by the central budget and the
local budget which is a part of the State budget. To be specific:
The central budget shall provide 100% of funding
for provinces that are not able to self-balance their budget and Quang Ngai
province;
b) The central budget shall provide 50% of
funding for provinces less than 50% of revenues of which are transferred to the
central government budget; the remaining 50% shall be covered by local
government budgets;
c) The remaining localities shall use the local
budgets to provide funding.
3. Support method
The State budget shall pay the premiums for
fishing insurance for insurers (as prescribed) according to the procedures
stipulated in Article 8 hereof.
Article 8. Applications and
procedures for payment of premium for fishing insurance supported by the State
budget
1. The application for payment of premium for
fishing insurance supported by the State budget shall include:
a) A premium payment form provided in Appendix 2
enclosed with this Circular.
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c) A list (enclosed with a copy) of Certificates
of insurance issued to shipowners by insurers using the form provided in
Appendix 4, Appendix 5 enclosed with this Circular.
2. Procedures for payment of premium for fishing
insurance supported by the State budget
a) Within ten (10) days from the end of the
month, insurers shall make the application for payment of premium for fishing
insurance supported by the State budget specified in Paragraph 1 of this
Article and submit to the Service of Agriculture and Rural development.
b) Within ten (10) days from the date of receipt
of the satisfactory application as prescribed in Paragraph 1 of this Article,
the Service of Agriculture and rural Development shall take charge and
cooperate with the Service of Finance to complete the assessment and request
People’s Committee in central-affiliated cities and provinces ( hereinafter
referred to as provincial People’s Committees) for consideration and decision
on payment of premiums for fishing insurance supported by the State budget to
insurers.
c) Within ten (10) days from the date of receipt
of the report of the Service of Finance, the provincial People’s Committees,
the provincial functional agency shall complete the payment of all premiums for
fishing insurance supported by the central budget and the local budget.
Article 9. Estimation
Estimation and use of budget shall comply with
the Law on the State budget, guiding documents and guidance provided in this
Circular.
1. At the time of annual budget estimate, based on
the number of vessels, the list of crew members working on the vessels
certified by the People’s Committees of communes; the Service of Agriculture
and Rural development shall determine the funding needs for the implementation
of fishing insurance policy (specifying the local budget that must be balanced
and the central budget that are provided as prescribed) and submit to the
Service of Finance for aggregate and reporting to the provincial People’s
Committees along with the estimate of local budget expenditure under the
provisions of the Law on State Budget submitted to the Ministry of Finance for
aggregate in the annual state budget estimates as prescribed.
2. For 2014, the provincial People's Committee
shall direct the relevant agencies to aggregate, anticipate the funding needs
for the implementation of insurance policy, and report to the Ministry of
Finance, the Ministry of Agriculture and rural Development for aggregate and
submitting to the Prime Minister for consideration and decision on supporting
localities.
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1. Estimate distribution
a) Every year, based on the estimates allocated
by the Prime Minister, the Ministry of Finance shall add with objectives the
central budget to the local budget used to implement the fishing insurance
policy as defined in Decree 67/2014 / ND-CP and the guidance in this Circular.
b) Based on the estimates allocated by the Prime
Minister and the self-balanced local budget: the Service of Finance shall take
charge, cooperate with the Service of Agriculture and Rural development to make
the plan for distribution of the funding, and report to the Provincial People's
Committee requesting the People’s Council of the same level for consideration
and decision on distribution of funding for implementation of insurance policy
for fishing in the approved expenditure estimates.
2. Management and statement of funding
a) The provincial People’s Committees shall be
responsible for management, use, and statement of funding with proper purposes
and in accordance with the provisions of the Law on State Budget. At the end of
the year, funding to support premium for fishing insurance that remains (if
any) shall be transferred to the next year, localities are not allowed to use
it for other purposes. In case of lack of funding in the year, the localities
shall advance funding to pay for the insurers and send documents to the
Ministry of Finance, the Ministry of Agriculture and Rural development for
consideration and adding funding provided by the central budget (for the
localities of which funding is provided by the central budget). The funding
provided by the central budget that remains at the end of the time for
implementation of fishing insurance policy (if any) shall be returned the
central budget.
b) Funding to support the insurance premium in
accordance with Article 5 of Decree No. 67/2014 / ND-CP shall be aggregated in
the statement of the annual state budget expenditure of each budget level as
prescribed by the Law on State Budget, documents guiding the Law, and the
current State Budget Index.
Chapter III
RESPONSIBILITIES OF
RELEVANT AGENCIES
Article 11.
Responsibilities of the Ministry of Finance
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2. Distribute the budget for the implementation
of fishing insurance policy as prescribed in this Circular.
3. Inspect and monitor insurers approved to
provide fishing insurance; inspect and monitor the provision of funding.
4. Report annually to the Prime Minister on the
situation and result of the implementation of fishing insurance policy.
5. Take charge and cooperate with the relevant
Ministries, departments to summarize the implementation of fishing insurance
policy.
Article 2. Responsibilities
of the Ministry of Agriculture and Rural development
1. Direct State management agencies on fishery
in the localities where the insurance is provided:
a) Direct the shipowners on registration of vessels,
crew members, registration, applying for licensing fishing, regulations of
degrees, professional certificates of crew members working on vessels and other
legal regulations relating to fishing.
b) Provide guidance for the shipowners on
participating in fishing teams, cooperatives, participating in fishing
insurance in order to prevent unexpected risks.
c) Provide documents and papers relating to the
valuation of vessels, equipment, and fishing gear participated in fishing
insurance for insurers; determine the registered crew member working on vessels
participating fishing insurance; determine the legality of diplomas,
professional certificates of crew members provided for insurers by shipowners
and other relevant documents in order to assist insurers to pay compensation
quickly and conveniently.
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Article 13.
Responsibilities of the provincial People’s Committees
1. Provide guidance for the shipowners on
participating in fishing teams, cooperatives; direct the People’s Committees of
communes and relevant competent agencies to quickly follow authentication
procedures for establishment of fishing teams, cooperatives in order to enable
eligible shipowners to participate in fishing insurance.
2. Direct the People’s Committees of communes to
quickly follow procedures for certifying entities eligible for insurance
support at the request of the shipowner. The certification shall comply with
the form prescribed in Appendix 3 enclosed with this Circular.
3. Direct the People’s Committees of communes to
notify the shipowners of unilateral termination of insurance contract of
insurers after receiving the notification of termination of insurance contract
of the insurers.
4. Direct relevant functional agencies to
cooperate with insurers to provide guidance on participating fishing insurance
for shipowners; provide documents related to the valuation of vessels,
equipment, and fishing gear participated insurance; determine the cause of loss
... and the other relevant documents enabling insurers to pay compensation
quickly and conveniently.
5. Direct the Border guard to provide documents
related to the determination of the operation of the vessels, lists of crew
members working on vessels and other relevant documents for insurers in order
to enable insurers to pay compensation quickly and conveniently.
6. Direct the Service of Agriculture and Rural
development to take charge and cooperate with the Service of Finance to assess
the application for support and request provincial People’s Committees for
consideration, decision on support as prescribed in Clause 2, Article 8 of this
Circular.
7. Propagate the fishing insurance policy under
Decree No. 67/2014 / ND-CP on local means of mass media
8. Quarterly, yearly, the provincial People's
Committee shall prepare a detailed report on the support of fishing insurance
premium using the form provided in Annex 6, Annex 7 enclosed with this Circular
and send to the Ministry of Finance, the Ministry of Agriculture and Rural
Development. The time to send the quarterly report shall be within 30 days
after the end of the quarter; The time to send the annual report shall be 60
days after the end of the year.
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1. Register provision of fishing insurance
according to the guidance provided in Article 5 of this Circular.
2. Insurers shall cooperate in formulating
regulations, terms, tables of fishing insurance premiums and register with the
Ministry of Finance for uniform implementation.
3. Develop uniform operation processes for
exploitation, assessment, and compensation of fishing insurance.
4. Cooperate with Vietnam
National Reinsurance Joint Stock Corporation to design the fishing
reinsurance to ensure financial security and provide reinsurance for Vietnamese
insurers at maximum retention rate as prescribed by laws.
5. Provide the fishing insurance under the law
on insurance business and the regulations, terms, charge tables approved by the
Ministry of Finance.
6. Develop the information technology systems in
order to prepare statistics, update, manage the provision of fishing insurance.
7. Propagate the fishing insurance policy.
8. Submit reports on the results of
implementation of fishing insurance to the Ministry of Finance as follows:
a) Insurers must report to the Ministry of
Finance monthly and annually using the form provided in Appendix 8, 9 enclosed
with this Circular. To be specific:
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- The time-limit for annual report: 90 days
after the end of the fiscal year at the latest
b) In addition to reports mentioned above,
insurers shall report extraordinarily at the request of the Ministry of
Finance.
Chapter IV.
IMPLEMENTATION
Article 15. Effect
1. This Circular takes effect from its signing
and is applicable from August 25, 2014.
2. Any problems arising during the
implementation should be reported to the Ministry of Finance for consideration
and settlement./.
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