THE MINISTRY OF
FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
126/2008/TT-BTC
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Hanoi, December
22, 2008
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CIRCULAR
ON RULES, TERMS, TABLE OF PREMIUM RATES AND LEVELS OF
LIABILITY OF COMPULSORY INSURANCE FOR CIVIL LIABILITY OF MOTOR VEHICLE OWNERS
Pursuant to the Governments
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Finance;
Pursuant to the Governments Decree No. 103/2008/ND-CP of September 16, 2008, on
compulsory insurance for civil liability of motor vehicle owners;
The Ministry of Finance prescribes rules, terms, table of premium rates and
levels of liability of compulsory insurance for civil liability of motor
vehicle owners as follows:
I. GENERAL
PROVISIONS
1. Scope of
regulation:
This Circular prescribes rules,
terms, table of premium rates and levels of liability of compulsory insurance
for civil liability of motor vehicle owners. Motor vehicle owners and insurers
permitted for compulsory insurance for civil liability of motor vehicle owners
and concerned organizations and individuals shall comply with this Circular and
other relevant laws.
2. Subjects of
application
2.1. Owners of motor vehicles running
on roads in the territory of the Socialist Republic of Vietnam.
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3.
Interpretation of terms
3.1. Insurer means an
enterprise lawfully established and engaged in insurance business in Vietnam
and licensed to provide compulsory insurance for civil liability of motor
vehicle owners.
3.2. Motor vehicle owner
(organization or individual) means the owner of a motor vehicle or a person
authorized by the motor vehicle owner to legally possess, use or drive that
motor vehicle.
3.3. Motor vehicle means an
automobile, tractor, construction vehicle or machine, agricultural or forestry
vehicle or machine or a special vehicle used for security or defense purpose
(including trailers and semi-trailers pulled by automobiles or tractors),
two-wheeled motorcycle, three-wheeled motorcycle, moped or a similar motor
vehicle (including those for the disabled) which runs on roads.
3.4. Passenger means a
person transported on a motor vehicle under a passenger transportation contract
in any of the forms specified in the Civil Code.
3.5. Third party means a
person suffering from loss of life, or bodily injury or property damage caused
by a motor vehicle, other than the following persons:
a/ Driver or assistant driver of
the vehicle;
b/ Persons and passengers on board;
c/ Owner of the vehicle, unless
he/she/it has authorized another organization or individual to possess or use
the vehicle.
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4. Principles
for insurance participation
4.1. Owners of motor vehicles
running on roads in the territory of the Socialist Republic of Vietnam shall
participate in compulsory insurance for their civil liability under this
Circular and other relevant laws.
4.2. A motor vehicle owner may not
concurrently enter into two or more policies of compulsory insurance for civil
liability for the same motor vehicle.
4.3. Apart from policies of
compulsory insurance for civil liability, motor vehicle owners may also reach
agreement with insurers on a voluntary insurance policy.
4.4. Insurers may, at their will,
sell compulsory insurance for civil liability of motor vehicle owners by the
following modes:
a/ Direct sale to motor vehicle
owners;
b/ Through insurance agents or
brokers;
c/ Other modes in accordance with
law.
When compulsory insurance for civil
liability of motor vehicle owners is sold through an insurance agent, this
agent must satisfy the criteria specified in the Law on Insurance Business, its
guiding documents and relevant laws.
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5. Scope of
indemnification
5.1. Loss of life, bodily injury or
property damage caused by motor vehicles to third parties.
2. Loss of life or bodily injury of
passengers under passenger transportation contracts caused by motor vehicles.
II. SPECIFIC
PROVISIONS
1. Policies
of insurance for civil liability of motor vehicle owners
1.1. The certificate of compulsory
insurance for civil liability of a motor vehicle owner (below referred to as
insurance certificate) is the evidence of entry into a sole policy of
compulsory insurance for civil liability between a motor vehicle owner and an
insurer. Each motor vehicle is issued one insurance certificate. A motor vehicle
owner who loses his/her insurance certificate shall request in writing the
insurer (which has issued such certificate) to re-issue this certificate.
1.2. An insurer may issue an
insurance certificate to a motor vehicle owner only when he/she has fully paid
premiums. The full payment of premiums must be proven by accounting vouchers
issued by the insurer (receipts, invoices or other vouchers under relevant
laws).
1.3. Issuance, management and use
of insurance certificates:
a/ An insurer may print its own insurance
certificates according to the Finance Ministrys forms in
Appendices 1 and 2 to this Circular (not printed herein). Insurance
certificates of compulsory insurance for civil liability of motor vehicle
owners shall be printed separately from certificates of voluntary insurance (if
any). When an insurer combines certificates of compulsory insurance for civil
liability of motor vehicle owners with those of voluntary insurance for motor
vehicles, it shall comply with Appendix 3 to this Circular (not printed
herein).
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c/ Insurance certificates shall be
used according to their consecutive numbers given in each book (unless a
certificate is voided due to mistaken writing or when the non-use of a certain
number conforms with insurers specific rules on management of printed forms.
Voided insurance certificates must be crossed out, written with the word void
and fully kept by insurers).
d/ Insurers shall fully fill in
insurance certificates as required. Information written on insurance
certificates issued to motor vehicle owners must be identical with those on the
copies filed at insurers.
e/ Insurers shall open record books
to monitor the issuance, use and settlement of the use of, insurance
certificates, ensuring constant control of every insurance certificate.
f/ Insurers shall develop a process
to issue, manage and use insurance certificates to ensure compliance with the
above regulations.
2. Insurance
duration and validity
2.1. The starting time of validity
of an insurance certificate is specified in the insurance certificate, but must
not be prior to the time a motor vehicle owner fully pays premiums.
2.2. The validity of an insurance
certificate is one year. In the following cases, the insurance duration may be
less than 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 less than one year;
b/ The use life of motor vehicles
is less than one year.
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- New automobiles, imported or
locally assembled or manufactured, running from warehouses, ports, factories or
sale agents to places of registration or other sale agents or warehouses;
- Automobiles under deregistration
procedures for re-export;
- Automobiles permitted for transit
(other than those under the States agreements);
- Chassis with separate cabs and
open trucks;
- Automobiles under examination;
- Vehicles with number plates of
trade-economic zones under the Governments regulations and operating in inland
Vietnam;
- New vehicles assembled in Vietnam
on trial run on public roads;
- Vehicles to be used for
conferences or sports events at the request of the Government or the Ministry
of Public Security;
- Other motor vehicles permitted
for temporary registration under law.
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3. Premiums
3.1. Premium means the amount a
motor vehicle owner shall pay to an insurer for compulsory insurance for civil
liability of motor vehicle owners. The premium rates for each type of motor
vehicle are provided in Appendix 5 to this Circular.
3.2. For motor vehicles permitted
for an insurance term of less than one year under Point 2.2, Party II of this
Circular, premium rates shall be calculated based on the rates provided in
Appendix 5 to this Circular and corresponding to the insurance duration
specified in the insurance certificate, specifically:
Payable
premiums
=
Annual
premium by type of motor vehicle
x
Insurance
duration (in days)
365
(days)
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4. Insurance
liability levels
Insurance liability level means the
maximum sum of money an insurer may be obliged to pay for the loss of life, or
bodily injury or property damage caused by a motor vehicle to a third party and
passengers in an insured accident, specifically:
4.1. The insurance liability level
for human damage caused by a motor vehicle is VND 50,000,000/persort/accident.
4.2. The insurance liability level
for property damage caused by a two-wheeled or three-wheeled motorcycle, moped
or a similar motor vehicle (including motor vehicles used for the disabled) is
VND 30,000,000/accident.
4.3. The insurance liability level
for property damage caused by an automobile, tractor, construction,
agricultural or forestry machine or vehicle or a special vehicle used for
security and defense purposes (including trailers and semi-trailers pulled by
automobiles or tractors) is VND 50,000,000/accident.
5.
Cancellation of insurance policies
5.1. An insurance policy may be
cancelled only in the following cases:
a/ The registration and number
plate of the motor vehicle are withdrawn under law;
b/ The motor vehicles use life
expires under law;
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d/ The motor vehicle breaks down
and is no longer usable or damaged in a traffic accident as certified by a
police office.
5.2. When wishing to cancel an
insurance policy, a motor vehicle owner shall notify in writing an insurer
thereof and furnish the latter with the insurance certificate to be cancelled
and evidence proving that the motor vehicle is eligible for insurance policy
cancellation under Point 5.1, Part II of this Circular.
An insurance policy terminates as
soon as an insurer receives a cancellation notice.
5.3. Within five days from the date
of receiving a notice, an insurer shall refund the motor vehicle owner 70% of
the premiums paid for the cancelled duration. An insurer is not obliged to
refund premiums when an insurance policy remains valid and an insured event has
occurred to a motor vehicle owner requesting cancellation of such insurance
policy and the insurance indemnity liability has arisen.
5.4. When a motor vehicle owner
does not notify an insurer of the insurance policy cancellation, but the
insurer has specific evidence of the motor vehicles eligibility for insurance
policy cancellation under Point 5.1, Part II of this Circular, the insurer
shall notify such to the motor vehicle owner for carrying out insurance policy
cancellation procedures. If the motor vehicle owner fails to carry out these
procedures within 15 days from the date of receiving the notice, the insurance
policy is automatically cancelled.
6. Assessment
of damage
6.1. When an accident occurs, an
insurer or a person authorized by an insurer shall closely collaborate with the
motor vehicle owner, the third party or lawful representatives of involved parties
in conducting assessment to identify the cause and level of loss. Assessment
result reports shall be made and signed by involved parties. The insurer shall
bear all assessment costs.
6.2. When a motor vehicle owner
disagrees with the cause and level of damage identified by an insurer, the two
parties may reach agreement on assessment conducted by an independent assessor.
When the parties fail to reach such agreement, 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 assessors written
award is binding on the parties.
6.3. When an independent assessors
award is different from that of the insurer, the insurer shall bear expenses
for the independent assessment. When the independent assessors award matches
that of the insurer, the motor vehicle owner shall bear expenses for the
independent assessment.
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7. Insurance
exemption
An insurer is not obliged to
indemnify in the following cases:
7.1. Motor vehicle owners, drivers
or victims intentionally commit acts of causing damage.
7.2. Drivers causing accidents
intentionally flee, shirking the civil liability of motor vehicle owners or
drivers.
7.3. Drivers have no valid driving
licenses or inappropriate driving licenses for motor vehicles for which driving
licenses are required.
7.4. The damage entails such
circumstantial consequences as decrease in commercial value, loss associated
with the use and exploitation of the damaged property.
7.5. The damage is property stolen
or robbed in accidents.
7.6. Wars, terrorism, earthquakes.
7.7. 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 and remains.
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8.1. When an accident occurs, an
insurer shall, within the scope of its insurance liability, indemnify a motor
vehicle owner for the sum the latter has compensated or is supposed to
compensate for damage to a victim.
When the motor vehicle owner dies
or suffers from permanent bodily injuries, the insurer shall directly indemnify
the victim.
8.2. When necessary, an insurer
shall promptly advance necessary and reasonable expenses within the scope of
its insurance liability to remedy accident consequences.
8.3. Levels of insurance
indemnities:
a/ Levels of insurance indemnities
for loss of life and each type of injury are determined according to the table
of indemnities for human damage in Appendix 6 to this Circular (not printed
herein). When a court ruling is available, indemnities shall be based on
such ruling, but will not exceed the insurance liability level.
When a number of motor vehicles
cause an accident leading to human damage, the levels of indemnities shall be
determined based on the degree of fault of each motor vehicle owner, but the
aggregate amount will not exceed the insurance liability level.
b/ The level of indemnity for
property damage for an accident shall be determined according to the actual
damage and the degree of fault of the motor vehicle owner, but will not exceed
the insurance liability level.
8.4. An insurer is not obliged to
indemnify for the damage beyond the insurance liability levels set in Section
4, Part II of, and Appendix 6 (not printed herein) to, this Circular.
8.5. When a motor vehicle owner
concurrently enters into several policies of compulsory insurance for civil
liability for the same motor vehicle, the receivable indemnity shall be
calculated under the insurance policy that takes effect first.
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An insurer shall collaborate with
the motor vehicle owner, victims, police and other concerned organizations and
individuals in gathering documents related to the traffic accident to prepare
an indemnity dossier. Such a dossier comprises:
9.1. Documents related to the motor
vehicle and driver (true copies as certified by the insurer):
a/ Vehicle registration
certificate;
b/ Driving license;
c/ Drivers identity card, passport
or other personal papers;
d/ Insurance certificate.
9.2. Documents evidencing human
damage (copies issued by a healthcare establishment or true copies as certified
by the insurer), which, depending on the severity of human damage, may comprise
one or more of the following documents:
a/ Injury certificate;
b/ Hospital discharge slip;
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d/ Medical record;
e/ Death certificate (for a dead
victim).
9.3. Documents evidencing property
damage:
a/ Lawful invoices and vouchers for
the vehicle owners repair or replacement of damaged property caused by a
traffic accident at an establishment designated or approved by the insurer.
b/ Papers evidencing necessary and
reasonable expenses paid by the vehicle owner to minimize loss or under the
insurers instruction.
9.4. Copies of accident-related
documents issued by a competent agency:
a/ Record of the examination of the
accident scene;
b/ Plan of the accident scene,
photos (if any);
c/ Records of the examination of
the vehicle related to the accident;
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e/ Other documents related to the
accident (if any).
10. Time
limits for claiming, paying and lodging complaints about indemnities
10.1 The time limit for claiming an
indemnity by a motor vehicle owner is one year from the date of an accident,
unless claims cannot be made within this time limit due to objective causes and
force majeure
circumstances under law.
10.2 Within five days from the date
of an accident (except in force majeure circumstances), a motor vehicle
owner shall send to an insurer a notice made according to the form in Appendix
4 to this Circular (not printed herein), enclosed with documents constituting a
dossier of request for indemnity within his/her/its liability.
10.3. The time limit for an insurer
to pay an indemnity is 15 days from the date of receiving a dossier of request
for indemnity within the motor vehicle owners liability, and 30 days when
verification of the dossier is required.
10.4. When rejecting
indemnification, an insurer shall notify in writing the motor vehicle owner of
the reason for rejection within 30 days from the date of receiving the dossier
of request for insurance indemnity.
10.5. The statute of limitations
for instituting a lawsuit about insurance indemnity is three years from the
date an insurer pays or refuses to pay an indemnity. Past this time limit, the
right to institute a lawsuit is invalidated.
11. Rights of
motor vehicle owners
11.1. To select insurers to buy
compulsory insurance for civil liability of motor vehicle owners.
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11.3. To request insurers to reduce
insurance premium rates as appropriate for the remaining validity duration of
insurance policies when there is a change in factors serving as bases for
insurance premium calculation, which leads to fewer insured risks.
11.4. To request insurers to pay
indemnities quickly, fully and timely under insurance policies.
11.5. To account insurance premiums
as business expenses, for motor vehicle owners being production and business
units; or to include insurance premiums in regular operation expenses, for
motor vehicle owners being administrative agencies and non-business units of
the State.
11.6. To have other rights under
law.
12.
Obligations of motor vehicle owners
12.1. To participate in compulsory
insurance for civil liability of motor vehicle owners and fully pay premiums
under this Circular and other relevant laws. When buying insurance, motor
vehicle owners shall provide full and truthful information to be written on
insurance certificates.
12.2. To create favorable
conditions for insurers to inspect the actual conditions of motor vehicles
before issuing insurance certificates.
12.3. To promptly notify insurers
of any change in vehicle use purposes which leads to more or fewer insured
risks in order to enjoy appropriate insurance premium rates for the remaining
validity duration of insurance policies.
12.4. While on roads, always to
bring along their valid insurance certificates and produce such certificates at
the request of the traffic police and other competent functional agencies under
law.
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12.6. When an accident occurs, a
motor vehicle owner shall:
a/ Promptly notify the insurer of
the accident for coordinated settlement, actively rescue and treat victims,
mitigate human and property damage and protect the accident scene; and at the
same time, report on the accident to the nearest police office or local
administration;
b/ Refrain from moving,
disassembling or repairing property without the insurers consent, unless 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 the dossier
of request for indemnity specified at Points 9.1, 9.2 and 9.3 (when the insurer
redresses and remedies damage, the motor vehicle owner is not required to
supply the documents specified at Point 9.3.a), Part II of this Circular and
create favorable conditions for the insurer to verify these documents.
12.7. To notify in writing insurers
when their motor vehicles become eligible for insurance policy cancellation
under Point 5.1, Part II of this Circular.
12.8. To notify and pay victims the
indemnities paid by insurers in each case of human damage according to the
levels set in Appendix 6 (not printed herein).
12.9. To perform other obligations
under law.
13. Rights of
insurers
13.1. To collect premiums for
compulsory insurance for civil liability of motor vehicle owners under the
Finance Ministrys
regulations. To request motor vehicle owners to additionally pay premiums for
the remaining validity duration of insurance policies when there is a change in
factors serving as bases for insurance premium calculation, which leads to more
insured risks.
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13.3. To request police offices to
supply copies of documents related to accidents under Clause 3, Article 22 of
Decree No. 103/2008/ND-CP.
13.4. To refuse to pay indemnities
for cases falling beyond their insurance liability.
13.5. To propose amendments or
supple-ments
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.
13.6. To have other rights under
law.
14. Obligations
of insurers
14.1. To sell compulsory insurance
for civil liability of motor vehicle owners in strict compliance with rules,
table of premium rates and insurance liability levels under this Circular. When
receiving motor vehicle owners notices of a change in factors serving as bases
for insurance premium calculation which leads to fewer insured risks, to reduce
premiums for the remaining validity duration of insurance policies and refund
the difference to motor vehicle owners.
14.2. To widely propagate the
regime on compulsory insurance for civil liability of motor vehicle owners; to
fully supply information relating 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.
14.3. To issue to motor vehicle
owners insurance certificates made according to the forms in Appendices 1 and 2
and Appendix 3 (if any) to this Circular (not printed herein).
14.4. To refrain from providing
financial supports in any form other than commissions for agents selling
insurance for civil liability of motor vehicle owners under the Finance Ministrys
regulations.
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14.6. To pay police offices
expenses for copying dossiers and records of accidents supplied to them, and
keep confidential these dossiers and records throughout the investigation.
14.7. To gather required documents
for indemnity dossiers specified at Point 9.3.a (when insurers redress and
remedy damage) and Point 9.4, Part II of this Circular.
14.8. To notify victims and motor
vehicle owners of indemnities for human damage and pay these indemnities at the
levels set in Appendix 6 to this Circular (not printed herein).
14.9. To quickly and accurately pay
indemnities under this Circular and other relevant laws.
14.10. To notify motor vehicle
owners of the expiration of insurance policies at least 15 days in advance.
14.11. To deduct and contribute at
least 2% of annually collected premiums of compulsory insurance for civil
liability of motor vehicle owners to the Motor Vehicle Insurance Fund at the
annual level set by the Ministry of Finance.
14.12. To account separately
premium sales, commissions, indemnities and other expenses related to
compulsory insurance for civil liability of motor vehicle owners.
14.13. To install and operate
information technology systems to assure adequate statistics and updated information
on the actual implementation of compulsory insurance for civil liability of
motor vehicle owners to be linked with the database on compulsory insurance for
civil liability of motor vehicle owners. Such database must at least supply the
following information:
a/ Information on motor vehicle
owners:
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- Identity card or passport number
(for individual vehicle owners);
- Contact address.
b/ Information on motor vehicles:
- Registered number plate;
- Mark;
-Type;
- Capacity;
- Color;
- Year of manufacture;
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- Frame number;
- Load (for automobiles);
- Number of seats (for
automobiles);
- Use purposes (business or
non-business) (for automobiles);
- Insurance certificate number;
- Starting time of insurance
validity;
- End of insurance validity;
- Premiums;
- Date of premium payment;
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- Place of policy issuance;
- Policy issuer.
c/ Records on drivers times of
causing accidents and times of being handled for violations of the Road Traffic
Law.
- Times of causing accidents (time,
place, severity of violation according to the polices determination);
- Times of receiving indemnities,
indemnity sums for each accident (details by accident);
- Times of being handled for
violations of the Road Traffic Law (if any).
14.14. To report to the Ministry of
Finance on the implementation of compulsory insurance for civil liability of
motor vehicle owners periodically or at request, specifically:
a/ Periodical reporting as
prescribed in Appendices 7 and 8 to this Circular (not printed herein).
b/ In addition to the reports
specified in Appendices 7 and 8 (not printed herein), insurers shall
report on compulsory insurance for civil liability of motor vehicle owners at
the Finance Ministrys
request.
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14.15. To submit to competent state
agencies inspection and supervision of compulsory insurance for civil liability
of motor vehicle owners.
14.16. To perform other
responsibilities under law.
15. Dispute
settlement
All disputes arising out of
insurance policies shall be brought to courts in Vietnam for settlement if
involved parties fail to negotiate on their own.
III.
ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15
days after its publication in CONG BAO and replaces the Finance Ministers
Decision No. 23/2007/QD-BTC of April 9, 2007, promulgating the regime on
compulsory insurance for civil liability of motor vehicle owners.
2. Any problems arising in the
implementation of this Circular should be promptly reported to the Ministry of
Finance for consideration and settlement.
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APPENDIX 5
PREMIUM RATES OF INSURANCE FOR CIVIL LIABILITY OF
MOTOR VEHICLE OWNERS
(To the Finance Ministrys
Circular No. 126/2008/TT-BTC of December 22, 2008)
No.
Type
of vehicle
Annual
premium (VND)
I
Two-wheeled motorcycles
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1
With capacity of 50cc or under
55,000
2
With capacity of over 50cc
60,000
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Three-wheeled motorcycles,
mopeds and other similar motor vehicles
265,000
III
Automobiles not for commercial
transportation
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1
Under 6 seats
345,000
2
Between 6 and 11 seats
690,000
3
Between 12 and 24 seats
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4
Over 24 seats
1,587,000
5
Pickups
811,000
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Automobiles for commercial
transportation
1
Under 6 seats according to
registration
630,000
2
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774,000
3
7 seats according to registration
900,000
4
8 seats according to registration
1,044,000
5
9 seats according to registration
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6
10 seats according to
registration
1,260,000
7
11 seats according to
registration
1,380,000
8
12 seats according to
registration
1,518,000
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13 seats according to
registration
1,639,000
10
14 seats according to
registration
1,777,000
11
15 seats according to
registration
1,915,000
12
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2,036,000
13
17 seats according to
registration
2,174,000
14
18 seats according to
registration
2,295,000
15
19 seats according to
registration
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16
20 seats according to
registration
2,553,000
17
21 seats according to
registration
2,691,000
18
22 seats according to
registration
2,812,000
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23 seats according to
registration
2,950,000
20
24 seats according to
registration
3,088,000
21
25 seats according to
registration
3,209,000
22
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3,209,000
+ 30,000 x (number of seats - 25 seats)
V
Cargo automobiles (trucks)
1
Under 3 tons
656,000
2
Between 3 and 8 tons
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3
Between 8 and 15 tons
1,760,000
4
Over 15 tons
2,243,000
II. PREMIUMS IN SOME OTHER CASES
1. For taxis:
To equal 150% of the premium for vehicles
for commercial transportation with the same number of seats set in Section IV.
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To equal the premium for cargo
vehicles of the same tonnage set in Section V.
3. For trailer-pulling vehicles:
To equal the premium for vehicles
of over 15 tons.
4. For special-purpose machines or
vehicles:
To equal the premium for cargo
vehicles of under 3 tons set in Section V.
5. For buses
To equal the premium for vehicles not
for commercial transportation with the same number of seats set in Section III.
(The above premiums are exclusive
of the 10% value-added tax).