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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 20/2022/ND-CP
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Hanoi, March 10, 2022
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DECREE
AMENDMENTS TO THE GOVERNMENT’S DECREE NO. 119/2015/ND-CP DATED
NOVEMBER 13, 2015 ON COMPULSORY INSURANCE FOR CONSTRUCTION INVESTMENT
ACTIVITIES
Pursuant to the Law on
Organization of the Government dated June 19, 2015; the Law on Amendments to
the Law on Organization of the Government and the Law on Organization of the
Local Government dated November 22, 2019;
Pursuant to the Law on
Insurance Business dated December 9, 2000; the Law on Amendments to the Law on
Insurance Business dated November 24, 2010;
Pursuant to the Law on
Amendments to the Law on Insurance Business and the Law on Intellectual
Property dated June 14, 2019;
Pursuant to the Law on
Construction dated June 18, 2014; the Law on Amendments to the Law on
Construction dated June 17, 2020;
At the request of the
Minister of Finance;
The Government hereby
promulgates the Decree on Amendments to Decree No. 119/2015/ND-CP dated
November 13, 2015 of the Government on compulsory insurance for construction
investment activities.
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1. Amendments to Point c Clause 4 Article 3:
“c) With respect to
employees working at construction sites and compulsory third-party civil
liability insurance: Insurance premiums shall be included in production and
business costs”.
2. Amendments to Point a Clause 1 Article 4:
“a) Construction projects
or project items which have great impacts on public safety and benefits as stipulated
by Appendix X of Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government
elaborating certain regulations on management of construction projects and its
amending or replacing documents (if any)”.
3. Amendments to Clause 3 Article 4:
“3. Engineering
construction contractors must buy compulsory insurance for employees working at
construction sites and compulsory third-party civil liability insurance”.
4. Clause 4 is added after Clause 3 Article 5:
“4. Compulsory
third-party civil liability insurance shall be a specific period, from the
start date to the end date of the construction time according to the
construction contract and included in the insurance policy".
5. Point dd is added after Point d Clause 1 Article 6:
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6. Point e is added after Point dd Clause 2 Article 6:
“e) Damage or losses in
accordance with international practices agreed to apply by parties that
participate in the insurance if such practices are not contrary to the law of
Vietnam".
7. Clause 4 is added after Clause 3 Article 10:
“4. With respect to
compulsory third-party civil liability insurance:
a) The minimum sum
assured regarding damage of health or life is 100 million VND/person/case, not
limiting the number of cases of damage or losses.
b) The minimum sum
assured regarding damage of assets or related legal costs (if any) is:
- 10% of the value of the works for the entire valid duration
of the insurance regarding works valued at less than 1.000 billion VND, not
limiting the number of cases of damage or losses.
- 100 billion VND for the entire valid duration of the
insurance regarding works valued at 1.000 billion VND or more, not limiting the
number of cases of damage or losses.
8. Amendments to Clause 1 Article 12:
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a) Insurance for
construction works in progress;
b) Compulsory
professional liability insurance for construction consultancy service;
c) Compulsory insurance
for employees working at construction sites;
d) Compulsory third-party
civil liability insurance”.
Article
2. Annul Clause 6 Article 3 and Clause 1 Article 18 of Decree
No. 119/2015/ND-CP dated November 13, 2015 of the Government on compulsory
insurance for construction investment activities.
Article
3. Implementation provisions
1. This Decree comes into force as of July 1, 2022.
2. Compulsory insurance policies in construction activities
and compulsory third-party civil liability insurance concluded before this
Decree comes into force shall continue to be executed in accordance with
regulations of the law that are effective at the moment of conclusion of such
insurance policies. In case revisions to an insurance policy are regulated by
this Decree, this Decree shall apply.
3. Ministers, directors of ministerial agencies, directors of
the Government’s affiliates, Chairmen of People’s Committees of provinces,
centrally affiliated cities, and the Decree’s regulated entities shall
implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai