|
MINISTRY OF
FINANCE OF VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No. 14/2022/TT-BTC
|
Hanoi, February
28, 2022
|
CIRCULAR
Amendments to certain articles of Circular No.
50/2017/TT-BTC dated May 15, 2017 of the Ministry of Finance guiding
implementation of Decree no. 73/2016/ND-CP dated July 01, 2016 of the
Government of Vietnam elaborating the Law on Insurance Business and Law on amendments
to certain articles thereof and Circular No. 04/2021/TT-BTC dated January 15,
2021 of the Ministry of Finance elaborating certain articles of Decree No.
03/2021/ND-CP dated January 15, 2021 of the Government on compulsory civil liability
insurance of motor vehicle users
Pursuant to the Law on Insurance Business dated
December 09, 2000 and the Law on amendments to the Law on Insurance Business
dated November 24, 2010;
Pursuant to the Law amending certain articles of
the Law on Insurance Business and Law on Intellectual Property dated June 14,
2019;
Pursuant to Resolution No. 30/2021/QH15 dated
July 28, 2021 of the National Assembly assigning the Government and Prime
Minister to implement some urgent solutions in COVID-19 prevention and control;
Pursuant to Decree No. 87/2017/ND-CP dated July
26, 2017 of the Government on function, tasks, powers and organizational
structures of the Ministry of Finance;
Pursuant to Decree No. 73/2016/ND-CP dated July
01, 2016 of the Government elaborating the Law on Insurance Business and the
Law on amendments to the Law on Insurance Business;
Pursuant to Decree No. 03/2021/ND-CP dated
January 15, 2021 of the Government of Vietnam on compulsory civil liability
insurance of motor vehicle users;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Minister of Finance promulgated a Circular
amending certain Articles of Circular No. 50/2017/TT-BTC dated May 15, 2017 of
the Ministry of Finance guiding implementation of Decree No. 73/2016/ND-CP
dated July 01, 2016 of the Government of Vietnam elaborating the Law on
Insurance Business and Law on amendments to certain articles thereof and
Circular No. 04/2021/TT-BTC dated January 15, 2021 of the Ministry of Finance
elaborating certain articles of Decree No. 03/2021/ND-CP dated January 15, 2021
of the Government ON compulsory civil liability insurance of motor vehicle
users.
Article 1. Amendments to certain articles of
Circular No. 50/2017/TT-BTC dated May 15, 2017 of the Ministry of Finance
guiding implementation of Decree No. 73/2016/ND-CP dated July 01, 2016 of the
Government of Vietnam elaborating the Law on Insurance Business and Law on
amendments to certain articles thereof
Addition of point 1.1e to after point 1.1dd clause
1 Article 21:
“e. The policyholder and insurer may reach an
agreement on change of time limit for insurance premium payment or agreement on
the insurance premium loans without collateral or bank guarantee of insurance
premium payment if they meet the following requirements:
- Policyholders or insurers (including
headquarters, branch, representative office, business location) shall apply
social distancing in administrative divisions according to Directive No.
15/CT-TTg dated March 27, 2020 of the Prime Minister on beginning the peak
period of COVID-19 prevention and control, Directive No. 16/CT-TTg dated March
31, 2020 of the Prime Minister on implementing urgent measures for COVID-19
prevention and control or health isolation areas and blockage areas of epidemic
clusters to control COVID-19 epidemic according to documents of competent
authorities or areas determined at high-level or very high-level risks of
COVID-19 epidemic according to regulations in Resolution No. 128/NQ-CP dated
October 11, 2021 of the Government of Vietnam providing interim regulations on
“safety, flexibility and effective control of COVID-19”.
- The policyholders may pay insurance premiums
incurred in the period from January 01, 2021 till the end of COVID-19 as
informed by the Prime Minister. In any case, time limit for insurance premium
payment does not exceed insurance period prescribed in each insurance
contract”.
Article 2. Amendments to certain Articles of
Circular No. 04/2021/TT-BTC dated January 15, 2021 of the Ministry of Finance
elaborating certain articles of Decree No. 03/2021/ND-CP dated January 15, 2021
of the Government on compulsory civil liability insurance of motor vehicle
users
1. Amendments to Article 3:
“Article 3. Insurance premiums
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. The motor vehicle user and insurer may come to
an agreement on extension of insurance period of a period equivalent to the
period on which the motor vehicle user does not use that vehicle to participate
in traffic because of applying anti-covid measures to ensure laws on insurance
business, civil laws and relevant regulations of laws if they meet the
following conditions:
Motor vehicle users shall apply social distancing
in administrative divisions according to regulations in Directive No.
15/CT-TTg, Directive No.16/CT-TTg or health isolation areas, blockage areas of
epidemic clusters to control COVID-19 epidemic according to documents of
competent authorities or areas determined at high-level or very high-level
risks of COVID-19 according to regulations in Resolution No. 128/NQ-CP within
the period from January 01, 2021 till the end of COVID-19 as informed by the
Prime Minister".
2. Addition of clause 9 to
after clause 8 Article 5:
“9. Within the period from March 01, 2021 till the
end of COVID-19 as informed by the Prime Minister, the Fund Management Council
may propose the Vietnam Insurance Association to report to the Ministry of
Finance for consideration and permission to use the Fund balance of previous
years for the expenditures specified in Clauses 4, 5, 6, 7 and 8 of this
Article; the expenditure level of each item must not exceed the rate specified
in Clause 4, Clause 5, Clause 6, Clause 7 and Clause 8 of this Article,
corresponding to a maximum rate 1% as prescribed in Clause 1, Article 26 of
Decree No. 03/2021/ND-CP”.
Article 3. Implementation responsibilities
Non-life insurers, foreign non-life insurers’
branches in Vietnam, other relevant organizations and individuals are
responsible for implementation of this Circular.
Article 4. Implementation Clauses
This Decision comes into force from the day on
which it is signed./.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
PP. MINISTER
DEPUTY MINISTER
Nguyen Duc Chi