Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree prescribes:
1. Insurance conditions, insurance premiums, minimum coverage for compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities.
2. Regulations on management and use of the Motor Vehicle Insurance Fund (MVIF); contribution rates, regulations on management and use of revenues from compulsory fire and explosion insurance for fire prevention and fighting purposes.
3. Responsibilities of relevant ministries and agencies, policy holders and insurers in implementing policies on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance, compulsory insurance for construction investment activities.
Article 2. Regulated entities
This Decree applies to:
1. Motor vehicle owners participating in traffic and operating within the Socialist Republic of Vietnam territory in terms of compulsory civil liability insurance of motor vehicle owners.
2. Agencies, organizations and individuals who have facilities facing fire and explosion hazards according to regulations of law on fire prevention and fighting in terms of compulsory fire and explosion insurance.
3. Investors and contractors according to regulations of law on construction in terms of compulsory insurance for construction investment activities.
4. Non-life insurance enterprises, branches of foreign non-life insurance enterprises (hereinafter referred to as “insurers”); reinsurance enterprises and branches of foreign reinsurance enterprises (hereinafter referred to as “reinsurers").
5. Other agencies, organizations and individuals relating to compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance, compulsory insurance for construction investment activities.
Article 3. Definitions
For the purposes of this Decree, the terms below are construed as follows:
1. “motor vehicle owner” refers to an owner of motor vehicles or an individual assigned by owner of motor vehicles to legally possess and operate motor vehicles.
2. “active motor vehicle” refers to a motor vehicle currently under control of motor vehicle owner or operator, including moving, stopping and parking.
3. “traffic participation" refers to participation of motor vehicle owners or operators in road traffic with motor vehicles.
4. “consultancy” means a contractor providing advice on construction surveying, or construction design of type II construction works and higher.
5. "third party”
a) Regarding compulsory civil liability insurance of motor vehicle owners: “third party" means individual(s) whose health, life or property are damaged by motor vehicles, except for following individuals: Vehicle operators, passengers; vehicle owners except for cases in which vehicle owners have assigned other organizations and individuals to utilize and operate the vehicles.
b) Regarding compulsory insurance for construction investment activities: "third party" refers to individual(s) who health, life, property or other legal rights and benefits are damaged by construction surveying, construction design and construction except for insurers, policyholders and employees working at construction sites.
6. “Deductible” means an amount payable by the policyholder upon the occurrence of each insured event.
7. “brought into use” includes construction and installation of construction works and construction items.
8. Occupational diseases are in accordance with regulations in the Law on Occupational Safety and Hygiene.
9. Employees are in accordance with regulations in the Labor Code.
10. Occupational accidents are in accordance with regulations in the Law on Occupational Safety and Hygiene.
Article 4. General principles
1. Agencies, organizations and individuals prescribed in Clauses 1, 2 and 3 Article 2 of this Decree (hereinafter referred to as "policyholders") shall purchase compulsory insurance from insurers permitted to operate insurance services as prescribed by law.
2. Policyholders and insurers shall purchase and sell compulsory insurance in compliance with insurance conditions, insurance premiums and minimum coverage prescribed herein.
3. In addition to participation in compulsory insurance in compliance with insurance conditions, insurance premiums, minimum coverage or maximum coverage prescribed herein, policyholders and insurers may negotiate additional insurance conditions, or increase in the coverage and insurance premiums in accordance with law. In this case, the compulsory insurance must be a separate part in the insurance policy.
The state government shall encourage agencies, organizations and individuals that do not belong to entities required to participate in compulsory insurance under the provisions of this Decree shall buy compulsory insurance on the basis of arrangements with insurers and in compliance with regulations of law.
4. In compulsory civil liability insurance of motor vehicle owners, for each motor vehicle, responsibility for paying for compulsory civil liability insurance of motor vehicle owners shall only derive from a single insurance policy.
5. An insurer may refuse to sell compulsory insurance in the following cases:
a) In respect of compulsory civil liability insurance of motor vehicle owners:
End-of-life motor vehicles as prescribed by law.
b) In respect of compulsory fire and explosion insurance:
A facility facing fire and explosion hazards that has not undergone fire safety inspection in accordance with regulations of law.
A facility facing fire and explosion hazards that does not have a record on fire safety inspection issued by a competent public security authority or has a record which expires 01 year from the date on which the compulsory fire and explosion insurance is purchased.
A facility facing and explosion hazards that is temporarily suspended or suspended due to violations of fire safety regulations.
c) In respect of compulsory insurance for construction investment activities:
A policyholder failing to fully satisfy requirements for construction prescribed in the Law on Construction and guiding documents.
6. Expenses for purchase of compulsory insurance:
a) For compulsory civil liability insurance of motor vehicle owners and compulsory fire and explosion insurance: a policyholder may include expenses for purchase of compulsory insurance in prices of products and services or operating expenses (applicable to manufacturing and trading facilities) or recurrent expenditures (applicable to state administrative authorities, public service providers, socio-political organizations and other organizations).
b) Expenses for purchase of compulsory insurance for construction investment activities: comply with regulations of law on construction and regulations herein.
7. Payment deadline of insurance premiums as prescribed by the Minister of Finance. For policies for construction works of construction investment projects prescribed in Decree No. 50/2021/ND-CP dated April 01, 2021 of the Government on amendments to Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government elaborating construction contracts, insurers and policyholders shall negotiate the schedule for payment of insurance premiums specified in their policies, which must not be later than the payment schedule of the construction contract. In any case, payment deadlines of insurance premiums must not exceed insurance periods.
8. Insurers shall not cover additional amounts due to insurance frauds in accordance with regulations in the Criminal Code.
9. Any major foreign reinsurer or foreign reinsurer that assumes from 10% of total insurance coverage of each reinsurance policy must be ranked at least “BBB” by Standard & Poor’s or “B++” by A.M.Best, or “Baal” by Moody’s or the equivalent ranks by other organizations that have competence and experience in rating in the financial year closest to the reinsurance assuming year.
10. Contents relating to policies that are not prescribed herein shall comply with laws on insurance business and relevant laws.
Tìm kiếm
Nghị định 67/2023/NĐ-CP (Bản Word)
Nghị định 67/2023/NĐ-CP (Bản Pdf)
