THE
GOVERNMENT
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
|
No.
103/2008/ND-CP
|
Ha
Noi, September 16, 2008
|
DECREE
ON COMPULSORY INSURANCE FOR CIVIL LIABILITY OF
MOTOR VEHICLE OWNERS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the December 9, 200V Law on Insurance Business;
Pursuant to the June 29, 2001 Law on Road Traffic;
Pursuant to the July 2, 2002 Ordinance on Handling of
Administrative Violations and the April 2, 2008 Ordinance Amending and
Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations;
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DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.-
Scope of regulation
This Decree provides for compulsory
insurance for civil liability of motor vehicle owners: rights and obligations
of motor vehicle owners and insurance enterprises: responsibilities of
ministries, ministerial-level agencies, government-attached agencies and
provincial/municipal People's Committees for implementing compulsory insurance
for civil liability of motor vehicle owners.
Article 2.-
Subjects of application
1. Motor vehicle owners who join
traffic in the territory of the Socialist Republic of Vietnam
2. Insurance enterprises licensed
to organize compulsory insurance for civil liability of motor vehicle owners
under law.
3. In case a treaty to which the
Socialist Republic of Vietnam is a contracting party contain provisions
different from those of this Decree that treaty prevails.
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1. Insurance enterprise means an
enterprise lawfully established and conducting insurance business in Vietnam
and licensed to implement compulsory insurance for civil liability of motor
vehicle owners.
2. Motor vehicle owner
(organization or individual) means the owner of a motor vehicle or a person
authorized by the owner of a motor vehicle to lawfully possess or use or drive
that motor vehicle.
3. Motor vehicle means an
automobile, tractor, construction vehicle or machine, agricultural or forestry
vehicle or machine or a special-type vehicle, which is used for security or
defense purpose (including trailers and semi-trailers pulled by automobiles or
tractors), two-wheeled motorcycle, three-wheeled motorcycle, motorbike or a
similar motor vehicle (including motor vehicles for disabled people) which runs
on road.
4. Passenger means a person
transported or riding on a motor vehicle under a passenger transport contract
in any form specified in the Civil Code.
5. Third party means a person
suffering from loss of life, bodily or property damage caused by a motor
vehicle, other than the following persons:
a/ The driver or assistant driver
of the vehicle;
b/ Persons and passengers on board
the vehicle;
c/ The owner of that vehicle,
unless he/she/ it has authorized another organization or individual to possess
or use the vehicle.
6. Day (counted in a time limit)
referred to in this Decree is a working day.
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1. The Motor Vehicle Insurance Fund
is raised by insurance enterprises for the following purposes:
a/ To prevent road traffic
accidents and mitigate their consequences;
b/ To conduct public information
and education about road traffic safety and compulsory insurance for civil
liability of motor vehicle owners:
c/ To provide humanitarian aid for
third parties and passengers oh board to remedy damage caused by motor vehicles
in cases accident-causing vehicles are unidentifiable or insurance has not been
purchased for these vehicles;
d/ To provide financial supports to
cover accident victim burial costs in cases of insurance exemption specified in
Article 13 of this Decree;
f/ To provide financial supports
for the commendation and rewarding of public security forces for their
achievements in controlling, detecting and handling motor vehicle owners'
administrative violations of regulations on compulsory insurance for civil
liability of motor vehicle owners;
g/ To provide financial supports
for developing a database on compulsory insurance for civil liability of motor
vehicle owners;
h/ To provide financial supports
for other purposes in the course of coordination and direction of compulsory
insurance for civil liability of motor vehicle owners.
2. Insurance enterprises shall
deduct at least 2% of annually collected premiums of compulsory insurance for
civil liability of motor vehicle owners as contributions to the Motor Vehicle
Insurance Fund.
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1. The database is developed to
make statistics on. update and systematize all information on motor vehicles
and motor vehicle owners joining traffic and participating in compulsory insurance
for civil liability of motor vehicle owners; and to serve the state management,
operation of insurance enterprises and supervision by the people.
2. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with concerned agencies in.
guiding the Vietnam Insurance Association and insurance enterprises in
organizing the development of the database on compulsory insurance for civil
liability of motor vehicle owners.
Chapter II
COMPULSORY INSURANCE FOR
CIVIL LIABILITY OF MOTOR VEHICLE OWNERS.
Article 6.-
Principles for insurance participation
1. Motor vehicle owners shall
participate in compulsory insurance for their civil liability under this Decree
and in accordance with the rules, terms and table of premium rates of compulsory
insurance for civil liability of motor vehicle owners set out by the Ministry
of Finance.
2. A motor vehicle owner may not
concurrently enter into two or more policies of compulsory insurance for civil
liability for the same motor vehicle.
3. Apart from entering into
policies of compulsory insurance for civil liability, motor vehicle owners may
also reach agreement with insurance enterprises on entry into voluntary
insurance policies.
4. Insurance enterprises may take
the initiative in selling compulsory insurance for civil liability of motor
vehicle owners by the following modes:
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b/ Through insurance agents or
brokers:
c/ Through bidding;
d/ By other modes in accordance
with law.
In case of sale of compulsory
insurance for civil liability of motor vehicle owners through insurance agents,
these insurance agents must satisfy the criteria specified in the Law on
Insurance Business, guiding documents and relevant legal provisions.
Insurance enterprises may not use
other insurance enterprises agents for sale of insurance for civil liability of
motor vehicle owners, unless those enterprises so consent in writing.
Article 7.-
Scope of indemnification for damage
1. Loss of life, bodily or property
damage caused by motor vehicles to third parties.
2. Loss of life or bodily
damage of passengers under passenger transport contracts caused by motor
vehicles.
Article 8.-
Policies of insurance for civil liability of motor
vehicle owners
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2. When purchasing compulsory
insurance for their civil liability, motor vehicle owners are issued insurance
certificates by insurance enterprises. Insurance enterprises shall issue
insurance certificates to motor vehicle owners only when the latter have fully
paid insurance premiums. Other particular cases are subject to specific
regulations of the Ministry of Finance.
3. The Ministry of Finance shall
specify the model insurance certificate for unified application and management
nationwide.
Article 9.-
Insurance premiums and insurance liability level
1. Insurance premium means a
sum of money payable by a motor vehicle owner to an insurance enterprise when
purchasing compulsory insurance for civil liability of motor vehicle owners.
2. Insurance liability level
means the maximum sum of money which an insurance enterprise may be obliged to
pay for the loss of life or a bodily or property damage caused by a motor
vehicle to a third party or passenger in an insured accident.
3. The Ministry of Finance
shall specify premium rates and insurance liability levels.
Article 10.-
Insurance duration and validity
1. The validity duration stated in
insurance certificates is one year. In the following cases, the insurance
duration may be under one year:
a/ Foreign motor vehicles are temporarily
imported for re-export and run on roads in the territory of the Socialist
Republic of Vietnam for under one year;
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2. The insurance validity
commences and expires according to the validity duration stated in the
insurance certificate.
3. When insurance certificates are
still valid, if the ownership of motor vehicles is transferred, all insurance
benefits related to the civil liability of motor vehicle owners remain valid
for new owners.
Article 11.-
Cancellation of insurance policies
1. An insurance policy is cancelled
only in the following cases:
a/ The registration and number
plate of the motor vehicle are withdrawn under law;
b/ The use life of the motor
vehicle expires under law;
c/ The motor vehicle is lost and
this loss is certified by a police office;
d/ The motor vehicle breaks down
and is no longer usable or damaged in a traffic accident with the certification
of a police office: the motor vehicle is temporarily imported for re-export.
2. When wishing to cancel
insurance policies, motor vehicle owners shall notify in writing insurance
enterprises thereof and furnish the latter with insurance policies requested to
be cancelled and evidence to prove that their motor vehicles are eligible for
insurance policy cancellation under Clause 1 of this Article.
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3. Within five days after
receiving notices, insurance enterprises shall refund to motor vehicle owners
70% of insurance premiums already paid for the cancelled duration. Insurance
enterprises are not required to refund insurance premiums in case insurance
policies are still valid and insured events have occurred to motor vehicle
owners requesting the insurance policy cancellation and the insurance indemnity
liability has arisen.
4. In case motor vehicle
owners do not notify the insurance policy cancellation, but insurance
enterprises have specific evidence of motor vehicles' eligibility for insurance
policy cancellation under Clause 1 of this Article, insurance enterprises shall
notify such to motor vehicle owners for carrying out procedures for policy
cancellation. If motor vehicle owners fail to carry out procedures for
insurance policy cancellation within 15 days after being notified, their
insurance policies are automatically cancelled.
Article 12.-
Assessment of damage
1. Upon the occurrence of an
accident, the insurance enterprise or a person authorized by the insurance
enterprise shall closely coordinate with the motor vehicle owner, the third
party or lawful representatives of involved parties in conducting a loss
assessment in order to identify the cause and extent of loss. Assessment
results must be recorded in writing with signatures of involved parties. The
insurance enterprise shall bear all assessment costs.
2. In case the motor vehicle owner
disagrees with the Insurance enterprise on the cause and extent of damage, the
two parties may agree to select an independent assessor to conduct the
assessment. In case the parties cannot reach agreement on the invitation of an
independent assessor, either of them may request a court of the locality where
the loss occurs or where the motor vehicle owner resides to designate an
independent assessor. The independent assessor's documentary award is binding
on the parties.
3. In case the independent
assessor's award is different from that of the insurance enterprise, the
insurance enterprise shall pay the charge for the independent assessment. In
case the independent assessor's award is similar to that of the insurance
enterprise, the motor vehicle owner shall pay the charge for the independent
assessment.
4. In a special case it is
impossible to conduct an assessment, the insurance enterprise may base itself
on written records and conclusions of competent functional agencies and
relevant documents to identify the cause and extent of damage.
Article 13.-
Insurance exemption
Insurance enterprises do not
indemnify for damage in the following cases:
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2. Accident-causing motor vehicle
drivers intentionally flee away, shirking the civil liability of motor vehicle
owners or drivers.
3. Drivers have no driving
licenses or inappropriate driving licenses for motor vehicles for which driving
licenses are required.
4. The damage entails such
circumstantial consequences as decrease in commercial value, loss caused by the
use and exploitation of the damaged property.
5. The damage is property stolen
or robbed in accidents.
6. Wars, terrorism, earthquakes.
7. The damage is caused to such
special property as gold, silver, gems, money, papers of monetary value,
antiques, precious and rare paintings and pictures, corpses, dead bodies'
remains.
Article 14.-
Principles of indemnification
1. Upon the occurrence of
accidents, insurance enterprises shall, within the scope of their liability,
indemnify motor vehicle owners for sums of money the latter have paid or will
be obliged to pay as compensations to damage sufferers.
In case motor vehicle owners are
dead or sutler from permanent bodily injuries, insurance enterprises shall pay
indemnity directly to damage sufferers.
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3. Levels of insurance indemnity:
a/ The level of insurance indemnity
for loss of life or bodily damage is determined on the basis of the table of
indemnities for loss of life or bodily damage set by the Ministry of Finance.
b/ The level of indemnity for
property damage is determined according to the actual damage and the degree of
fault of motor vehicle owners.
4. Insurance enterprises are not
obliged to indemnify for the damage beyond the insurance liability level
specified by the Ministry of Finance.
5. In case a motor vehicle owner
concurrently enters into many policies of compulsory insurance for civil
liability for the same motor vehicle, the receivable indemnity is calculated
under the first insurance policy.
Article 15.-
Indemnity dossiers
1. An indemnity dossier shall be
compiled by an insurance enterprise, comprising the following:
a/ Documents related to the motor
vehicle and driver:
b/ Documents evidencing human and
property damage;
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2. Insurance enterprises and
motor vehicle owners shall gather and supply related documents in indemnity
dossiers.
3. The Ministry of Finance
shall guide in detail indemnity dossiers.
Article 16.-
Time limits for claiming, paying and lodging complaints
about indemnities
1. The time limit for claiming an
indemnity by a motor vehicle owner is one year after the occurrence of an
accident, except for cases in which claims cannot be made within this time
limit due to objective reasons and force majeure circumstances under law.
2. Within five days after the
occurrence of an accident (except in force majeure circumstances), a motor
vehicle owner shall send a written notice thereof to the insurance enterprise
enclosed with documents required for a dossier of request for indemnity within
his/ her/its liability.
3. The time limit for paying an
indemnity by an insurance enterprise is fifteen days after receiving a dossier
of request for indemnity within the motor vehicle owner's liability, and thirty
days in case it is necessary to verify the dossier.
4. In case of refusal to pay an
indemnity, the insurance enterprise shall notify in writing the motor vehicle
owner of the reason for refusal within thirty days after receiving the dossier
of request for insurance indemnity.
5. The statute of limitations for
instituting a lawsuit about insurance indemnity is three years after the
insurance enterprise pays or refuses to pay an indemnity. Past that time limit,
the right to institute lawsuits is no longer valid.
Article 17.-
Rights of motor vehicle owners
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2. To request insurance
enterprises to explain and supply information relevant to the entry into,
performance and cancellation of insurance policies.
3. To request insurance
enterprises to reduce insurance premium rates as appropriate for the remaining
validity duration of insurance policies in case there is a change in factors
serving as bases for insurance premium calculation which leads to fewer insured
risks.
4. To request insurance
enterprises to indemnify in a swift, full and timely manner under insurance
policies.
5. To have insurance
premiums accounted into their business operation costs, for motor vehicle
owners being production and business units; or have insurance premiums included
in their regular operation funds, for motor vehicle owners being administrative
agencies and non-business units of the State.
6. Other rights provided for by
law.
Article 18.-
Obligations of motor vehicle owners
1. To participate in compulsory
insurance for civil liability of motor vehicle owners and fully pay insurance
premiums under this Decree. When purchasing insurance, motor vehicle owners
shall provide full and truthful information in their insurance certificates.
2. To create favorable conditions
for insurance enterprises to inspect the actual conditions of motor vehicles
before issuing insurance certificates.
3. To promptly notify insurance
enterprises of any change in factors serving as bases for insurance premium
calculation which leads to more insured risks in order to apply appropriate
insurance premium rates for the remaining validity duration of insurance
policies.
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5. To comply with regulations on
road traffic safety assurance.
6. Upon the occurrence of an
accident, a motor vehicle owner shall:
a/ Promptly notify the accident to
the insurance enterprise for coordinated handling, actively rescue and treat
victims, mitigate human and. property damage and protect the accident scene:
and at the same time, notify the accident to the nearest police office or local
administration;
b/ Refrain from moving,
disassembling or repairing properly without the consent of the insurance
enterprise, except when it is necessary to assure safety and prevent and
mitigate human and property damage or at the request of competent agencies;
c/ Supply documents in a dossier of
request for indemnity, and create favorable conditions for the insurance
enterprise to verify these documents.
7. To notify in writing insurance
enterprises in case their motor vehicles are eligible for
insurance policy cancellation under
Clause 1, Article 11 of this Decree.
8. Other obligations specified by
law.
Article 19.-
Rights of insurance enterprises
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2.To request motor vehicle owners
to supply full and truthful information in insurance certificates; to inspect
the actual conditions of motor vehicles before issuing insurance certificates.
3.To request police offices to
supply copies of documents relevant to accidents under Clause 3, Article 22 of
this Decree.
4.To refuse to pay indemnities for
cases falling beyond their indemnifying liability.
5. To propose amendments or
supplements to rules, terms and table of premium rates of compulsory insurance
for civil liability of motor vehicle owners to suit the practical
implementation of this type of insurance.
6. Other rights provided for by
law.
Article 20.-
Obligations of insurance enterprises
1. To sell compulsory insurance
for civil liability of motor vehicle owners in strict compliance with rules,
table of premium rates and insurance liability levels set by the Ministry of
Finance. In case they receive motor vehicle owners' notices on a change in
factors serving as bases for insurance premium calculation which leads to fewer
insured risks, insurance enterprises shall reduce insurance premiums for the
remaining validity duration of insurance policies and refund premium
differences to motor vehicle owners.
2. To fully supply information
related to insurance policies and clearly explain rules, terms and premium
rates of compulsory insurance for civil liability of motor vehicle owners to
motor vehicle owners.
3. To issue insurance certificates
according to the model insurance certificate set by the Ministry of Finance to
motor vehicle owners.
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5. To refrain from conducting
sales promotion in any form for compulsory insurance for civil liability of
motor vehicle owners.
6. To pay to police offices
expenses for copying dossiers and written records of accidents supplied to
them, and keep confidential these dossiers and records in the course of
investigation.
7. To pay indemnities in a swift
and accurate manner under this Decree.
8. To notify motor vehicle owners
of the expiration of insurance policies 15 days in advance.
9. To deduct and contribute at
least 27c of annually collected premiums of compulsory insurance for civil
liability of motor vehicle owners to the Motor Vehicle Insurance Fund at the
annual contribution level prescribed by the Ministry of Finance.
10. To account separately turnover
from insurance premiums, commissions, indemnities and other expenses related to
compulsory insurance for civil liability of motor vehicle owners.
11. To install and operate
information technology systems to assure adequate statistics on and updating of
information on the actual implementation of compulsory insurance for civil
liability of motor vehicle owners. linked with the database on compulsory
insurance for civil liability of motor vehicle owners under the Ministry of
Finance's guidance.
12. To report to the Ministry of
Finance on the implementation of compulsory insurance for civil liability of
motor vehicle owners on a periodical basis or at the latter's request.
13. To submit to the inspection or
supervision of compulsory insurance for civil liability of motor vehicle owners
by competent state agencies.
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Chapter III
RESPONSIBILITIES OF
MINISTRIES, BRANCHES AND PROVINCIAL/ MUNICIPAL PEOPLE'S COMMITTEES
Article 21.-
Responsibilities of the Ministry of Finance
1. To assume the prime
responsibility for, and coordinate with concerned ministries and branches and
provincial/municipal People's Committees in, guiding and conducting public
information on compulsory insurance for civil liability of motor vehicle
owners.
2. To promulgate rules, terms and
table of premium rates of compulsory insurance for civil liability of motor
vehicle owners.
3. To specify the issuance,
management and use of the model insurance certificate.
4. To guide dossiers of request
for indemnities.
5. To set the level of annual
contributions to and promulgate the mechanism of management, use, payment and
finalization of the motor vehicle insurance fund.
6. To directly inspect and
supervise insurance enterprises in organizing compulsory insurance for civil
liability of motor vehicle owners, or assume prime responsibility for. and
coordinate with concerned agencies in, doing so.
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8. To assume the prime
responsibility for, and coordinate with concerned agencies in, guiding the Vietnam
Insurance Association and insurance enterprises in developing a database on
compulsory insurance for civil liability of motor vehicle owners.
Article 22.-
Responsibilities of the Ministry of Public Security
1. To coordinate with the Ministry
of Finance and concerned ministries and branches in, guiding and conducting
public information on compulsory insurance for civil liability of motor vehicle
owners.
2. To direct the traffic police
and other concerned police forces in supervising and inspecting motor vehicle
owners and:
a/ Requesting motor vehicle owners
to produce valid insurance certificates when carrying out procedures for motor
vehicle registration;
b/ Detecting and handling, through
patrol and control operations, administrative violations of motor vehicle
owners joining traffic without valid insurance certificates; requesting motor
vehicle owners to purchase insurance.
3. To direct the traffic police
and investigative police forces to supply copies of documents relevant to
traffic accidents to insurance enterprises for paying indemnities, including:
a. Written records of accident
scene investigation;
b. Plans and photos of accident
scenes (if any).
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d/ Preliminary reports on results
of the initial investigation of traffic accidents;
e/ Other documents relevant to
accidents (if am)
4. To direct the traffic police
and other police forces in coordinating with the Ministry of Finance's units in
inspecting and supervising insurance enterprises in implementing compulsory
insurance for civil liability of motor vehicle owners.
5. To direct the traffic police
and other police forces in sharing and linking databases on motor vehicles
under their management with the database on compulsory insurance for civil
liability of motor vehicle owners.
Article 23.-
Responsibilities of the Ministry of Transport
1.To coordinate with the Ministry
of Finance and concerned ministries and branches in guiding and conducting
public information on compulsory insurance for civil liability of motor vehicle
owners.
2.To direct registry offices to
request, in examining the technical safety of motor vehicles, their owners to
produce valid insurance certificates. Registry offices shall only issue
technical safety examination stamps and books for motor vehicles when their
owners can produce valid insurance certificates.
3. To coordinate with the Ministry
of Finance in inspecting and supervising insurance enterprises in implementing
compulsory insurance; for civil liability of motor vehicle owners.
4. To share and link the database
on motor vehicles under its management with the database on compulsory
insurance for civil liability of motor vehicle owners.
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Article 24.-
Responsibilities of the Ministry of Health
To direct central and local health
establishments in supplying copies of medical records and documents relevant to
the rendering of first aid and medical treatment to road traffic accident
victims to insurance enterprises for swiftly completing indemnity dossiers to
assure the insured's interests.
Article 25.-
Responsibilities of the Ministry of Information and
Communication
1. To direct central and local
information and press agencies in regularly conducting public information on
compulsory insurance for civil liability of motor vehicle owners.
2. To direct the Vietnam Television
Station and the Voice of Vietnam Radio to spare a certain broadcasting time
volume to regularly propagate and disseminate information on compulsory
insurance for civil liability of motor vehicle owners.
Article 26.-
Responsibilities of ministries, ministerial-level
agencies and government-attached agencies
1. To coordinate with the Ministry
of Finance in inspecting and supervising the implementation of compulsory
insurance for civil liability of motor vehicle owners.
2. To perform other tasks within
their competence under law.
Article 27.-
Responsibilities of provincial/ municipal People's
Committees
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2. To direct local news and press
agencies in regularly conducting public information on compulsory insurance for
civil liability of motor vehicle owners.
3. To direct the traffic police
and other concerned police forces in their respective localities in organizing
the inspection and handling of motor vehicle owners that fail to participate in
compulsory insurance for civil liability of motor vehicle owners.
4. To perform other tasks within
their competence.
Article 28.-
Responsibilities of the National Office of Vietnam for
Implementation of the ASEAN Scheme of Compulsory Motor Vehicle Insurance
1. The National Office of Vietnam
for Implementation of the ASEAN Scheme of Compulsory Motor Vehicle Insurance
(referred to as the National Office for Motor Vehicle Insurance for short) is a
standing body assisting concerned ministries and branches in directing and
supervising the implementation of compulsory insurance for civil liability of
motor vehicle owners.
2. The Ministry of Finance shall
define the functions, tasks, organizational structure and operation of the
National Office for Motor Vehicle Insurance.
Chapter IV
HANDLING OF VIOLATIONS
Section 1. ACTS
OF VIOLATION, SANCTIONING FORMS AND LEVELS
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1. A fine of VND 100,000 shall be
imposed on drivers of motorbikes, mopeds, three-wheeled motorcycles and similar
motor vehicles who do not have or carry a valid insurance certificate.
2. A fine of VND 500,000 shall be
imposed on drivers of automobiles, tractors and similar motor vehicles who do
not have or carry a valid insurance certificate.
Article 30.-
Sanctions against acts of violation of provisions on
refusal to sell insurance
1. A fine of VND 50,000,000 shall be
imposed on insurance enterprises that refuse to sell compulsory insurance for
civil liability of motor vehicle owners; a fine, of VND 10,000,000 shall be
imposed on directors general (directors) and affiliated persons of insurance
enterprises who commit such act.
2. In case of repeated commission
of the act of violation specified in Clause 1 of this Article, violating
insurance enterprises and individuals shall be fined under Clause 1 of this
Article. At the same time, insurance enterprises shall be subjected to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation stated in their
establishment and operation licenses.
Article 31.-
Sanctions against acts of violation of provisions on
model insurance certificates
1. A fine of VND 50,000,000 shall
be imposed on insurance enterprises that issue to motor vehicle owners
insurance certificates at variance with the Ministry of Finance's regulations;
a fine of VND 50,000,000 shall be imposed on directors general (directors) and
affiliated persons of insurance enterprises who commit such act.
2. Within 10 days after receiving
sanctioning decisions, insurance enterprises shall withdraw the issued
insurance certificates and issue new ones to motor vehicle owners under the
Ministry of Finance's regulations.
3. In case of repeated commission
of the act of violation specified in Clause 1 of this Article, violating
insurance enterprises and individuals shall be lined under Clause 1 of this
Article. At the same time, insurance enterprises shall be subjected to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation stated in their establishment
and operation licenses.
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1.A fine of VND 30,000,000 shall
be imposed on insurance enterprises that fail to comply with the validity
duration of insurance specified in Clause 1, Article 10 of this Article; a fine
of VND 30,000,000 shall be imposed on directors, general (directors) and
affiliated persons of insurance enterprises who commit such act
2.Within 10 days after receiving
sanctioning decisions, insurance enterprises shall withdraw the issued
insurance certificates and issue new ones to motor vehicle owners with the
specified validity duration of insurance and apply appropriate premium rates.
3. In case of repeated commission
of the act of violation specified in Clause 1 of this Article, violating
insurance enterprises and individuals shall be fined under Clause 1 of this
Article. At the same time, insurance enterprises shall be subjected to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation stated in their
establishment and operation licenses.
Article 33.-
Sanctions against acts of violation of provisions on
insurance premium rates
1. A fine of between VND 50,000,000
and VND 70,000,000 shall be imposed on insurance enterprises that fail to
comply with insurance premium rates set by the Ministry of Finance; a fine of
between VND 50,000,000 and VND 70,000,000 shall be imposed on directors general
(directors) and affiliated persons of insurance enterprises who commit such
act.
2. Within 10 days after receiving
sanctioning decisions, insurance enterprises shall readjust premium rates of
insurance for civil liability of motor vehicle owners in strict compliance with
regulations.
3. In case of repeated commission
of the act of violation specified in Clause 1 of this Article, violating
insurance enterprises and individuals shall be fined under Clause 1 of this
Article. At the same time, insurance enterprises shall be subjected to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation staled in their
establishment and operation licenses.
Article 34.-
Sanctions against acts of violation of provisions on
insurance liability levels
1. A fine of between VND
30,000,000 and VND 50,000,000 shall be imposed on insurance enterprises that
fail to comply with insurance liability levels set by the Ministry of Finance;
a fine of VND 30,000,000 and VND 50,000,000 shall be imposed on directors
general (directors) and affiliated persons of insurance enterprises who commit
such act.
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3. In case of repeated commission
of the act of violation specified in Clause 1 of this Article, violating
insurance enterprises and individuals shall be fined under Clause 1 of this
Article. At the same time, insurance enterprises shall be subject to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation stated in their
establishment and operation licenses.
Article 35.-
Sanctions against acts of violation of provisions on
payment of insurance commissions or provision of financial supports for
insurance agents
1. A fine of between VND 50,000,000
and VND 70,000,000 shall be imposed on insurance enterprises that pay insurance
commissions not at the level set by the Ministry of Finance; a fine of between
VND 50,000,000 and VND 70,000,000 shall be imposed on directors general
(directors) and affiliated persons of insurance enterprises who commit such
act.
2. A fine of VND 70,000,000 shall
be imposed on insurance enterprises, directors general (directors), chief
accountants or affiliated persons of insurance enterprises that commit one of
the following acts:
a/ Paying insurance commissions not
to specified beneficiaries;
b/ Providing financial supports for
agents selling compulsory insurance for civil liability of motor vehicle owners
against Clause 4, Article 20 of this Decree.
3. Within 30 days after receiving
sanctioning decisions, insurance enterprises shall withdraw all sums of money
paid or provided in violation of Clause 1 or 2 of this Article.
4. In case of repeated commission
of the act of violation specified in Clause 1 or 2 of this Article, violating
insurance enterprises and individuals shall be fined under Clause 1 or 2 of
this Article. At the same time, insurance enterprises shall be subjected to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation stated in their
establishment and operation licenses.
Article 36.-
Sanctions against acts of violation of provisions on
sales promotion
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2. In case of repeated commission
of the act of violation specified in Clause 1 of this Article, violating
insurance enterprises and individuals shall be fined under Clause 1 of this
Article. At the same time, insurance enterprises shall be subjected to the
sanction of suspension of operation for a definite time or narrowing of the
scope and area of the motor vehicle insurance operation stated in their
establishment and operation licenses.
Article 37.-
Sanctions against acts of violation of provisions on
cancellation of insurance policies
1. A fine of VND 20,000,000 shall
be imposed on insurance enterprises that unilaterally cancel insurance policies
for civil liability of motor vehicle owners not falling into the cases of
insurance policy cancellation specified in Clause 1, Article 11 of this Decree.
2. Within 10 days after receiving
sanctioning decisions, insurance enterprises shall reinstitute cancelled
insurance policies.
Article 38.-
Sanctions against acts of violation of provisions on
payment of insurance indemnities
1. A fine of VND 10,000,000 shall
be imposed on insurance enterprises, directors general (directors) and
affiliated persons of insurance enterprises that pa\ indemnities at variance
with regulations.
2. A fine of between VND
30,000,000 and VND 70,000,000 shall be imposed for one of the following acts:
a/ Insurance enterprises, directors
general (directors) and affiliated persons of insurance enterprises that
request insurance beneficiaries to pay a sum of money or other material
benefits in contravention of law in the course of settlement of claims for
indemnities or payment of insurance sums;
b/ Individuals and organizations
that commit self-seeking acts in order to receive indemnities or insurance
sums;
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d/ Insurance enterprises refuse to
fulfill the agreed obligation to pay insurance indemnities.
3. Within 30 days after receiving
sanctioning decisions, insurance enterprises shall pay indemnities in
compliance with regulations. Individuals and organizations shall refund all
money amounts they have gained from committing acts of violation specified at
Points a, b and c, Clause 2 of this Article.
4. For acts of violation specified
at Points a. c and d, Clause 2 of this Article, insurance enterprises shall,
apart from being fined, be subjected to the sanction of suspension of operation
for a definite time or narrowing of the scope and area of the motor vehicle
insurance operation stated in their establishment and operation licenses.
Article 39.-
Sanctions against acts of violation of provisions on
cost accounting
1. A fine of VND 30,000,000 shall
be imposed on insurance enterprises that violate Clause 10, Article 20 of this
Decree; a fine of VND 10,000,000 shall imposed on directors general
(directors), chief accountants and affiliated persons of insurance enterprises
who commit such act.
2. Within 30 days after receiving
sanctioning decisions, insurance enterprises shall strictly comply with
provisions of Clause 10, Article 20 of this Decree.
Article 40.-
Sanctions against acts of violation of provisions on
contributions to the Motor Vehicle Insurance Fund
1. A fine of VND 20,000,000 shall
be imposed on insurance enterprises, directors general (directors) of insurance
enterprises that commit one of the following acts:
a/ Failing to pay contributions to
the Motor Vehicle Insurance Fund within the specified time limit;
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2. Within 30 days after receiving
sanctioning decisions, insurance enterprises shall contribute sufficient money
amounts as prescribed to the
Motor Vehicle Insurance Fund.
Article 41.-
Sanctions against acts of violation of provisions on
reporting and statistical regulations
1. A fine of VND 20,000,000 shall
be imposed on insurance enterprises, directors general (directors) and chief
accountants of insurance enterprises that commit one of the following acts of
violation:
a/ Failing to make statistical or
professional operation reports with all required contents and in proper forms
or within the specified time limit;
b/ Failing to set up and operate
information technology systems or databases on compulsory insurance of civil
liability of motor vehicle owners within the time limit specified by the
Ministry of Finance.
2. Within 30 days after receiving
sanctioning decisions, insurance enterprises shall make statistical or
professional operation reports with all required contents and in proper forms;
implement plans on setting up and operation of information technology systems
or databases on compulsory insurance of civil liability of motor vehicle owners
within the time limit specified by the Ministry of Finance.
3. For acts of violation specified
in Clause 1 of this Article, violating insurance enterprises and individuals
shall be fined under Clause 1 of this Article. At the same time, insurance
enterprises shall be subjected to the sanction of suspension of operation for a
definite time or narrowing of the scope and area of the motor vehicle insurance
operation stated in their establishment and operation licenses.
Section 2.
COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
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1. The Finance Inspectorate and
concerned specialized inspectorates under the Ministry of Finance may sanction
administrative violations in the domain of compulsory insurance for civil
liability of motor vehicle owners committed by insurance enterprises under
Article 38 of the Ordinance on Handling of Administrative Violations, Article 1
of the Ordinance Amending and Supplementing a Number of Articles of the
Ordinance on Handling of Administrative Violations, and this Decree.
2. The People's Public Security
forces are competent to sanction administrative violations in the domain of
compulsory insurance for civil liability of motor vehicle owners committed by
insurance enterprises under Clause 6, Article 1 of the Ordinance Amending and
Supplementing a Number of Articles of the Ordinance on Handling of
Administrative Violations, and this Decree.
Article 43.-
Application of relevant legal provisions on handling of
administrative violations
1. Sanctioning principles; statute
of limitations for sanctioning; sanctioning order and procedures; collection
and remittance of fine amounts comply with the Ordinance on Handling of
Administrative Violations and its guiding documents.
2. Acts of administrative violation
in the domain of insurance business which are sanctioned under this Decree will
not be further sanctioned under other legal documents on sanctioning.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 44.-
Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO" and replaces the Government's
Decree No. 115/1997/ND-CP of December 17, 1997, on compulsory insurance for
civil liability of motor vehicle owners.
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1. The Ministry of Finance shall
assume the prime responsibility for. and coordinate with the Ministry of Public
Security and concerned agencies in. guiding the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People's Committees shall implement this
Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME
MINISTER
Nguyen Tan Dung