Môi giới chuyên nghiệp
Đăng xuất
|
GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 67/2023/ND-CP |
Hanoi, September 06, 2023 |
DECREE
Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to Civil Code dated November 24, 2015;
Pursuant to Law on Insurance Business dated June 16, 2022;
Pursuant to the Law on Road Traffic dated November 13, 2008;
Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and the Law on amendments to some articles of the Law on Fire Prevention and Fighting dated November 22, 2013;
Pursuant to the Construction Law dated June 18, 2014 and the Law amending certain Articles of the Construction Law dated June 17, 2020;
At the request of the Minister of Finance;
The Government hereby promulgates a Decree on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities.
GENERAL PROVISIONS
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.
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.
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.
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.
REGULATIONS ON COMPULSORY CIVIL LIABILITY INSURANCE OF MOTOR VEHICLE OWNERS
Section 1. Insurance conditions, insurance premiums and maximum coverage
Insured entities of compulsory civil liability insurance of motor vehicle owners are third party and passengers of the motor vehicle owners as prescribed by law.
1. The maximum coverage for damage to health and life caused by motor vehicles is VND 150 million/individual/accident.
2. Maximum coverage for damage to property:
a) If the damage caused by motorcycles; motorized tricycles; mopeds (including electric mopeds) and similar vehicles according to Law on Road Traffic, the maximum coverage shall be VND 50 million/accident.
b) If the damage caused by automobiles; tractors; trailers and semi trailers towed by automobiles and tractors according to Law on Road Traffic, the maximum coverage shall be VND 100 million/accident.
Article 7. Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall provide indemnities for the following damage:
a) Non-contract damage to health, life and property done to a third party by motor vehicles participating and operating in traffic.
b) Damage to health and life of passengers on the motor vehicles caused by motor vehicles participating in traffic and operating.
2. Insurance exclusions
Insurers shall not provide indemnities in the following cases:
a) Damage done intentionally by motor vehicle owners, motor vehicle operators or victims of the accidents.
b) Vehicle operators intentionally fleeing the scene after committing accidents without exercising civil liabilities of motor vehicle owners. Vehicle operators intentionally fleeing the scene after committing accidents and exercising civil liabilities of motor vehicle owners shall not be insurance exclusions.
c) Operators who fail to satisfy requirements of age range to operate motor vehicles as per regulations in the Law on Road Traffic; operators who do not carry legitimate, proper driving licenses according to regulations of laws on training, testing and granting driving licences, or carry damaged driving licences or use expired driver's licences at the points of time when accidents occur or carry inappropriate driving licenses when operating motor vehicles which require specific driving license. In case driving licenses of operators are revoked or suspended, the operators are considered not carrying driving licenses.
d) Damage that causes indirect consequences including: reduced commercial value, damage related to use and utilization of damaged property.
dd) Damage to property caused by operators whose blood/breath alcohol concentrations (BACs) exceed the maximum permitted BAC under guidance of the Ministry of Health; or use narcotics or other prohibited stimulants as per the law.
e) Damage to property due to thievery or robbery as a result of an accident.
g) Damage to special property including: gold, silver, precious stones, financial instruments namely money, antiques, precious fine arts, and cadavers.
h) War, acts of terrorism, earthquake.
1. Insurance premiums of each type of motor vehicles shall be prescribed in Annex I enclosed herewith.
2. On the basis of insurance coverage records of each motor vehicle or accident records of each motor vehicle owner, insurers shall consider increasing or decreasing insurance premiums. The maximum increase/decrease shall be 15% of the insurance premiums prescribed in Annex I enclosed herewith.
1. Period of compulsory civil liability insurance of motor vehicle owners shall be from 1 to 3 years, except for the following cases where insurance period shall be less than 1 year:
a) Foreign motor vehicles which were temporarily imported for re-export participate in traffic within Socialist Republic of Vietnam territory for less than 1 year.
b) Service life of motor vehicles is less than 1 year as per the law.
c) Temporarily registered motor vehicles according to regulations of Ministry of Public Security.
2. In case a motor vehicle owner has multiple vehicles covered by insurance at different times in a specific year and wishes to unify insurance coverage time in the following year in order to manage, insurance period of these vehicles may be less than 1 year and equal to remaining effective period of the first insurance policy concluded in that year. For policies and certificates of insurance which have been unified in terms of coverage time, insurance period of the following year shall conform to Clause 1 of this Article.
3. In case a vehicle title transfer takes place within the effective period specified on a certificate of insurance, the former motor vehicle owner has the power to terminate the policy as prescribed in Article 11 hereof.
Article 10. Insurance certificates
1. When purchasing compulsory civil liability insurance of motor vehicle owners, motor vehicle owners shall be granted insurance certificates by insurers. Each motor vehicle shall be granted an insurance certificate. If a motor vehicle owner loses his/her insurance certificate, a written proposal concerning reissuance of insurance certificate submitted to the insurer is required.
2. Insurance certificates shall be designed by insurers. An insurance certificate shall include:
a) Name, address and phone number (if any) of motor vehicle owner.
b) Number plate and chassis number, engine number.
c) Type of vehicles, payload, seats, and use purposes (for automobiles).
d) Name, address and hotline number of insurer.
dd) Maximum coverage for the third party.
e) Responsibilities of motor vehicle owner, operator in case of accidents.
g) Insurance period, insurance premiums and payment deadlines of insurance premiums.
h) Date (day, month and year) of issue.
i) Number code and barcode registered, managed and used according to regulations of law to enable storage, transmission and extraction of ID information of insurer and ID information of compulsory civil liability insurance of motor vehicle owners.
3. In case of issuance of electronic certificates of insurance, issuers must comply with Law on Electronic Transactions and guiding documents; Electronic certificates of insurance must closely comply with applicable regulations and Clause 2 of this Article.
Article 11. Termination of policies and legal consequences thereof
Policies shall be terminated from the date on which vehicle registration certificates or number plates are revoked in case vehicle registration certificates or number plates are revoked according to regulations of the Ministry of Public Security. Insurers shall refund insurance premiums to policyholders corresponding to remaining period of policies from the termination date of policies.
Article 12. Principles of indemnification
Insurer shall consider and settle an insurance claim as prescribed by law on insurance business and the following principles:
1. In case of an accident, the policyholder and the insured shall:
a) Immediately notify the insurer via hotline to cooperate in providing treatment in order to cure and limit damage to health, life and property, protect the accident scenes.
b) refrain from moving, dismantling or repairing property without consensus of insurers; except for cases in which such activities are necessary to ensure safety, prevent damage to health, life and property or comply with requests of competent agencies.
c) collect and provide documents required under an application for insurance claims within responsibilities of the policyholder and the insured for the insurer according to Article 13 of this Decree.
d) enable the insurer to verify documents provided by the policyholder and the insured.
2. Within 1 hour after receiving notification of the accident, the insurer must inform the policyholder, the insured of safety measures to minimize damage to life and property, provide guidelines on the application and procedures for filing an insurance claim; closely cooperate with the policyholder, the insured, third party and relevant parties within 24 hours in organizing assessment of damage to determine causes and levels of damage which serve as the basis for settlement of the insurance claim.
3. Within 3 working days after being notified by the policyholder or the insured about the accident, the insurer must provide advance indemnity for damage to health and life, to be specific:
a) In case the accident has been identified to be covered by insurance:
70% of estimated indemnity per person in case of fatalities.
50% of estimated indemnity per person in case of bodily injuries.
b) In case the accident has not been identified to be covered by insurance:
30% of the maximum coverage per person in case of fatalities and estimated whole person impairment (WPI) of 81% or more.
10% of the maximum coverage per person in case of estimated WPI of from 31% to less than 81%.
After providing advance indemnity, insurers may request MVIF to reimburse the advance payment if the accident is an insurance exclusion or not covered by insurance.
4. Within 5 working days from the date on which accidents occur except for force majeure or objective obstacles, policyholders or the insured must send notice of accidents in writing or electronically to insurers.
5. If an accident occurs within the maximum coverage, the insurer must reimburse the insured for the payment that has been made or will be made to the accident victims by the insured.
In case the insured is dead or incapacitated according to a judicial decision, the insurer shall directly provide indemnity to the accident victims or victims’ heirs (in case the victims are dead) or victims’ representatives (in case the victims are incapacitated according to judicial decisions or underage as prescribed by the Civil Code).
6. Indemnities:
a) Specific indemnities for loss of health and life are determined according to corresponding types of injury or damage under Schedule for health and life indemnities under Annex I attached to this Decree or according to agreements (if any) between the insured and victims or victims’ heirs (in case the victims are dead) or victims’ representatives (in case the victims are incapacitated according to judicial decisions or underage as prescribed in the Civil Code) but must not exceed the corresponding indemnities specified under Annex VI attached to this Decree. In case judicial decisions are made, judicial decisions shall prevail as long as the corresponding indemnities specified under Annex VI attached to this Decree are not exceeded.
In case the damage to health and life is caused by multiple motor vehicles, indemnities shall be determined by degrees of fault of motor vehicle owners as long as the total indemnity does not not exceed the maximum coverage.
For accidents which are entirely caused by third party as determined by competent authorities, indemnities for health and life insurance coverage rates for the third party shall equal 50% of the indemnities specified under Annex VI attached to this Decree or agreements (if any) between the insured or victims’ heirs (in case victims are dead) or victims’ representatives (in case victims are incapacitated according to judicial decisions or underage) but must not exceed 50% of the indemnities specified under Annex VI enclosed herewith.
b) Specific indemnity for an accident is determined based on actual damage and degree of fault of motor vehicle owner but must not exceed the maximum coverage.
7. Insurers may reduce up to 5% of indemnities for damage to property in case policyholders or the insured fail to notify insurers about accidents according to Clause 4 of this Article or insurers detect that policyholders and the insured fail to notify in case of changes to factors which serve as the basis for calculating insurance premiums during execution of policies, thereby increasing insured risks after insured events occurred.
8. Insurers are not obliged to pay for excesses of the maximum coverage according to regulations herein, except for cases in which motor vehicle owners participate in voluntary insurance policies.
9. In case multiple compulsory civil liability insurance policies are concluded for a single motor vehicle, indemnity shall be determined only according to the first concluded policy. Insurers must refund 100% of paid insurance premiums for the remaining insurance policies.
10. Policyholders and the insured shall notify victims or victims’ heirs or representatives of the paid amounts for each case of damage to health or life according to regulations in Point a Clause 6 of this Article.
11. Insurers shall notify policyholders, the insured and victims of indemnities for damage to health or life prescribed in Point a Clause 6 of this Article and pay them.
Article 13. Applications for insurance claims
Applications for claim for compulsory civil liability insurance of motor vehicle owners shall compose of the following documents:
1. Claim forms.
2. Documents related to motor vehicles, vehicle operators (certified true copies or copies bearing confirmation of insurers after being compared with originals or photocopies)
a) Vehicle registration certificates (or certified true copies and valid original receipts of credit institutions substituting for original vehicle registration certificates during the period in which the credit institutions hold original vehicle registration certificates) or proofs of vehicle title transfer and proofs of vehicle origins (in case vehicle registration certificates are not available).
b) Driving licenses.
c) ID cards, Citizen Identity Cards, passports or other personal documents of vehicle operators.
d) Certificates of insurance.
3. Documents proving damage to life and/or health (copies of health facilities or copies bearing confirmation of insurers after being compared with originals or photocopies). Depending on the extent of damage to life, one or some documents below may be included:
a) Written proof of injury.
b) Medical records.
c) Excerpts of death certificates, death notices, written confirmation of police authorities or assessment results of forensic examining bodies in case victims decease while mounting vehicles or decease due to accidents.
4. Documents proving property damage:
a) Valid invoices and instruments or evidence proving repair and/or replacement of property damaged due to accidents (in case insurers repair and remediate the damage, the insurers are responsible for collecting such documents).
b) Documents, invoices and instruments related to additional expenses incurred by motor vehicle owners to reduce the damage or follow instructions of insurers.
5. Copies of relevant documents of police authorities collected by insurers in fatal accidents for third party and passengers or accidents required to be verified that they are solely caused by third party, including: notice of traffic accident investigation, verification, resolution results or notice of accident investigation and resolution results.
6. Assessment records of insurers or persons authorized by insurers.
7. Judicial decisions (if any).
Policyholders and the insured shall collect and submit the documents prescribed in Clauses 1, 2, 3, 4 and 7 of this Article. Insurers shall collect the documents prescribed in Clauses 5 and 6 of this Article.
Section 2. MANAGEMENT AND USE OF MVIF
Article 14. MVIF management and use principles
1. MVIF refers to a fund established to make humanitarian payments; prevent and limit damage and road traffic accidents; publicize and educate on road traffic safety, compulsory civil liability insurance of motor vehicle owners and relevant activities to protect public interest and ensure social safety.
2. MVIF shall be contributed by insurers providing compulsory civil liability insurance of motor vehicles and managed at Insurance Association of Vietnam (IAV); have separate accounts in commercial banks operating in Vietnam and use seals of the IAV.
3. MVIF shall be managed and used in a transparent, effective and proper manner according to regulations herein.
Article 15. Sources of income of MVIF
1. Contributions of insurers permitted to provide compulsory civil liability insurance of motor vehicle owners.
2. Interests from deposits.
3. Grants and supports of organizations and individuals.
4. Other legal revenues (if any).
Article 16. Contributions to MVIF
1. Insurers shall extract up to 1% of total insurance premium of compulsory civil liability insurance of motor vehicle owners collected from principle insurance policies in the immediately preceding fiscal year to contribute to MVIF.
2. Before April 30 each year, Council for managing MVIF (hereinafter referred to as “the Management Council” shall decide rates of contribution to MVIF and notify insurers and the Ministry of Finance.
3. Insurers providing compulsory civil liability insurance of motor vehicle owners shall contribute to accounts of MVIF as follows:
a) Before June 30 each year: Submit 50% of total amount prescribed in Clause 1 and Clause 2 of this Article,
b) Before December 31 each year: Submit the remaining amounts prescribed in Clause 1 and Clause 2 of this Article.
Article 17. Expenditures of MVIF
1. MVIF shall be allocated for:
a) Humanitarian assistance:
In cases where accidents are caused by uninsured and unknown vehicles, not covered by insurance and accidents are insurance exclusions according to Clause 2 Article 7 of this Decree (other than damage done intentionally by accident victims): 30% of maximum coverage per person in case of fatalities and victims with WPI of 81% or more; 10% of maximum coverage per person in case of person in an accident with WPI of from 31% to less than 81%.
Once insurers have paid advance indemnities according to Point b Clause 3 Article 12 of this Decree, MVIF is responsible for reimbursing the advance payments incurred by the insurers in case the accidents are insurance exclusions or not covered by insurance.
Expenditures must not exceed 30% of total contribution to MVIF each year and the balance of MVIF of preceding years (if any). In case the portion of MVIF allocated for humanitarian assistance for a year is not available, applications for expenditures on humanitarian assistance that are not processed in the year shall be carried forward to be processed in the next.
b) Assistance in construction and installation of equipment for preventing and minimizing damage and accidents in road traffic: Expenditures must not exceed 15% of total contribution to MVIF each year and the balance of MVIF of preceding years (if any).
c) Dissemination and education of road traffic safety and regulations on compulsory civil liability insurance of motor vehicle owners: Expenditures must not exceed 17% of total contribution to MVIF each year and the balance of MVIF of preceding years (if any).
d) Assistance for police authorities in cooperating with the IAV, the Management Council and insurers in prevention and remediation of damage and anti-fraud in insurance business and compliance with regulations on compulsory civil liability insurance of motor vehicle owners: Expenditures must not exceed 10% of total contribution to MVIF each year.
dd) Commendation for organizations and individuals with merits in enforcing compulsory civil liability insurance of motor vehicle owners, thereby preventing and remediating damage, traffic accidents and ensuring road traffic safety: Expenditures must not exceed 5% of total contribution to MVIF each year.
e) Completion and maintenance of databases on compulsory civil liability insurance of motor vehicle owners: Expenditures must not exceed 10% of total contribution to MVIF each year.
g) Operations of SEAN Program for compulsory motor vehicle insurance and operations of Vietnamese agencies implementing Protocol No. 5 on ASEAN Program for compulsory motor vehicle insurance: Expenditures must not exceed 5% of total contribution to MVIF each year.
h) Management of MVIF including salary, allowances and other salary-based payments (social insurance, health insurance, unemployment insurance, union fees) and commendation for employees of offices of MVIF; responsibility allowances for individuals holding managerial positions in MVIF and multi-position employees of offices of MVIF; office renting, equipment purchase, banking and post services; auditor hiring; business trip expenses and meetings of MVIF: Expenditures must not exceed 8% of total contribution to MVIF each year.
i) In case the Prime Minister issues a decision on declaration of emergency situation of disasters according to regulations of law on prevention and control of natural disasters or declaration of class-A communicable diseases according to regulations of law on prevention and control of communicable diseases, the Management Council may use the balance of MVIF of preceding years for expenditure items prescribed in Points d, dd, e, g and h Clause 1 of this Article; the total expenditure rate must not exceed the rates prescribed in Points d, dd, e, g and h Clause 1 of this Article and is equivalent to 1% of contributions to MVIF.
2. The IAV shall take priority over implemting items of expenditure for humanitarian assistance, prevention and remediation of damage and road traffic accidents, expenditure for dissemination and education, thereby ensuring compliance with the goal of establishing MVIF.
Article 18. Management and operation of MVIF
1. Organizational structure for management and operation of MVIF includes the Management Council, the Executive Board, the Board of Controllers. MVIF office shall act as an assistant to organizational structure for management and operation of MVIF and is situated at the headquarters of the IAV. The Management Council shall be established under decision of the Minister of Finance on the basis of proposition of the IAV.
2. Annual final accounts of MVIF (verified by independent audit organizations) must be submitted to the Ministry of Finance and insurers before March 31 of the following year and publicized on the website of the IAV together with comments of independent audit organizations.
Article 19. Organizational structure for management and operation of MVIF
1. The Management Council includes:
a) Chairperson of the Management Council: Chairperson of the IAV.
b) Members:
Representative of the Ministry of Finance.
Representative of the Ministry of Public Security.
Secretary-general of the IAV.
General Director or Deputy General Director of at least 3 insurers which are permitted to provide compulsory civil liability insurance of motor vehicle owners and have the largest market share of compulsory civil liability insurance of motor vehicle owners.
2. Executive Board of MVIF includes:
a) Head of the Executive Board: Secretary-general of the IAV.
b) Members: Representatives of at least 3 insurers which are permitted to provide compulsory civil liability insurance of motor vehicle owners and have the largest market share of compulsory civil liability insurance of motor vehicle owners.
3. Board of Controllers of MVIF includes:
a) At least 3 members who are representatives of 3 insurers permitted to provide compulsory civil liability insurance of motor vehicle owners.
b) Head of the Board of Controllers appointed by the Chairperson of the Management Council and selected from members of the Board of Controllers.
c) Insurers having members participating in the Board of Controllers must not be insurers having members participating in the Executive Board in order to ensure prompt assessment and detection of risks that may affect the effectiveness and principles of management and use of MVIF.
Article 20. Tasks and entitlements of organizational structure of MVIF
1. Tasks and entitlements of the Management Council:
a) Be responsible before the law, to the Minister of Finance for management and operation of MVIF.
b) Promulgate working regulations of the Management Council, Executive Board and Board of Controllers.
c) Promulgate specific regulations on management and use of MVIF; approve cost estimates and statements of MVIF.
d) Decide rates of contribution to MVIF and notify insurers and the Ministry of Finance.
dd) Supervise, manage, operate, use, develop and maintain databases on compulsory civil liability insurance of motor vehicle owners.
e) Develop and implement policies on management, access, administration, data update, use and security of databases on compulsory civil liability insurance of motor vehicle owners.
g) Cooperate with insurers in consolidating proposals for upgrading and completing databases on compulsory civil liability insurance of motor vehicle owners; adjusting and completing system configuration and developing projects on connecting and upgrading databases on compulsory civil liability insurance of motor vehicle owners.
h) Check, monitor, urge periodic update of information and data of insurers; receive and consolidate and deal with difficulties and proposals of insurers as prescribed.
i) Be in charge of guiding insurers to develop databases on compulsory civil liability insurance of motor vehicle owners.
k) Promulgate procedures and applications for expenditure for humanitarian assistance, refund of indemnities advanced by insurers.
l) Issue a decision on establishment of Executive Board and Board of Controllers.
m) Submit reports on approved cost estimates and statements of MVIF to the Ministry of Finance.
2. Tasks and entitlements of the Executive Board:
a) Be responsible before the Law and to the Management Council for management, use, payment and settlement of MVIF.
b) Abide by regulations on management and use of MVIF according to plans approved by the Management Council, comply with regulations herein, do not allocate MVIF for other purposes.
c) Be responsible for urging insurers or revoking licences from insurers failing to make adequate and timely contributions as prescribed.
3. Tasks and entitlements of the Board of Controllers:
a) Supervise operations of MVIF to ensure compliance with regulations of law and regulations herein.
b) Quarterly and annually collect reviews and proposals regarding financial analyses of MVIF and submit them to the Management Council.
c) Inspect the management and use of MVIF at the request of the Management Council.
Article 21. Estimation, statement and accounting of MVIF
1. Estimation:
a) Before December 15 each year, the Executive Board shall estimate revenues and expenditures of MVIF including:
Revenues and expenditures of MVIF in the current year.
Plans for revenues and expenditures of MVIF in the next year.
b) The Executive Board shall submit reports on estimated revenues and expenditures of MVIF to the Management Council for approval. Estimated revenues and expenditures of MVIF must be notified to the Ministry of Finance and insurers immediately after being approved.
c) Planned expenditures in accordance with expenditure estimates in a year, except for expenditure items specified in Points e, g, h and l Article 17 of this Decree, which have not been financed or completely financed before or on December 31 of each year, shall be carried forward to be spent in the next.
d) If necessary, the Management Council may adjust estimated revenues and expenditures which have been notified at the beginning of the year and notify the Ministry of Finance and insurers.
2. Accounting MVIF:
The Executive Board of MVIF shall:
a) Organize accounting and statistics works according to regulations of the Law on Accounting and the Law on Statistics and guiding documents.
b) Comply with regulations on accounting records; account for the entire of revenues and expenditures of MVIF.
c) Open accounts, record, systematize and store all additional operations relating to MVIF.
d) Quarterly prepare reports on revenues and expenditures of MVIF to report to the Management Council for approval and notify the Ministry of Finance in person or via postal services and by email.
Quarterly reports: figure conclusion date shall be determined from the 1st of the 1st month of the reporting period to the 30th or the 31st of the last month of the reporting period. Deadline for submitting quarterly reports shall be 30 days from the date on which a quarter concludes.
3. Statement of MVIF:
Annually, the Executive Board shall prepare reports on statement of MVIF verified by independent audit organizations to report the Management Council for approval.
Article 22. Establishment of the Management Council, revision of members of the Management Council
1. Procedure for applying for establishment of the Management Council and revision of the Management Council’s members:
a) The IAV (in case of applying for establishment of the Management Council) and the Management Council (in case of applying for revision of the Management Council’s members) may submit applications using online public services of the Ministry of Finance, by post or in person.
b) Within 10 days from the date on which adequate applications are received, the Minister of Finance shall issue Decisions on establishment of the Management Council, revision of the Management Council’s members. In case of rejection, the Ministry of Finance shall provide written explanations.
2. Application for establishment of the Management Council composes of:
a) 1 original application for establishment of the Management Council using the form under Annex VIII enclosed herewith.
b) 1 copy of the Resolution of the Executive Board of the IVA approving application for establishment of the Management Council.
3. Application for revision of the Management Council’s members composes of:
a) 1 original application for revision of the Management Council’s members using the form under Annex IX enclosed herewith.
b) 1 copy of the Resolution of the Management Council on approving the application of the insurer for revision of the Management Council’s members.
REGULATIONS ON COMPULSORY FIRE AND EXPLOSION INSURANCE
Section 1. Insurance conditions, insurance premiums and sums insured
1. The insured of compulsory fire and explosion insurance is the entire property of facilities facing fire and explosion hazards, including:
a) Houses, construction works and property attached thereto; machinery and equipment.
b) Goods and supplies (including raw materials, semifinished products and finished products).
2. The insured and locations of the insured must be specified in insurance policies and insurance certificates.
1. Minimum coverage of compulsory fire and explosion insurance is a monetary value according to the market price of the property specified in Clause 1 Article 23 of this Decree at the time of entering into an insurance policy.
2. In case the market price of property is unidentified, the minimum coverage shall be agreed upon as follows:
a) As for the property prescribed in Point a Clause 1 Article 23 hereof: minimum coverage is a monetary value of the property according to the residual value or replacement value of the property at the time of entering into an insurance policy.
b) As for the property prescribed in Point b Clause 1 Article 23 hereof: minimum coverage is a monetary value of the property on the basis of valid invoices and receipts or relevant documents.
Article 25. Insurance coverage and insurance exclusions
1. Insurance coverage:
Insurers shall indemnities for damage to the insured prescribed in Clause 1 Article 23 hereof caused by fire or explosion, except for the cases prescribed in Clause 2 and Clause 3 of this Article.
2. Insurance exclusions for facilities facing fire and explosion hazards in accordance with regulations of law on fire prevention and fighting (excluding nuclear facilities): Insurers shall not provide indemnities in the following cases:
a) Earthquakes, volcanic eruptions or other convulsions of nature.
b) Damage caused by political convulsions, social safety, security and order events.
c) Property that is burned and exploded according to decisions of competent regulatory agencies.
d) Self-fermenting and self-heating products; property subjected to a heat treatment.
dd) Damage caused by direct hit of lightning strike without causing fire or explosion.
e) Fire and explosion caused by weapons-grade nuclear materials.
g) Damage to electrical machinery and equipment or components of electrical equipment caused by direct impact of over-running, excessive pressure, short circuiting, self heating, arcing or leakage of electricity arising from whatever cause, lightning included.
h) Damage caused by arson attack of the insured or by deliberate violation against fire safety regulations causing fire or explosion.
i) Damage to data, software and computer programs.
k) Damage caused by acts of burning forests, bushes, prairies or clearing lands by fire.
3. Insurance exclusions for nuclear facilities: Insurers and policyholders shall negotiate insurance exclusions on the basis of approvals of reinsurers.
Article 26. Insurance premiums and deductibles
1. If the total sum insured of property situated in a location of a single facility facing fire and explosion hazards (excluding nuclear facilities) is less than VND 1.000 billion, insurance premiums and deductibles are provided for in Clause 1 Section I Annex II and Clause 1 Section II Annex II enclosed herewith.
Insurers may increase or decrease the insurance premiums by up to 25% according to the risk level of the insured.
In case the insured is the direct cause of higher indemnities than principal insurance premiums collected from compulsory insurance for compulsory fire and explosion insurance in the immediately preceding fiscal year, on the basis of data verified by actuaries of the insurers and independent audit organizations, upon renewal of insurance policies, the insurers and policyholders may negotiate insurance premiums and deductibles to ensure the solvency of the insurers.
2. If the total sum insured of property situated in a location of a single facility facing fire and explosion hazards (excluding nuclear facilities) is VND 1.000 billion or more:
Insurers and policyholders may negotiate insurance premiums and deductibles on the basis of evidence proving approval by the major foreign reinsurers. Major foreign reinsurers and foreign reinsurers assuming from 10% of total insurance coverage of each reinsurance policy shall satisfy the regulations in Clause 9 Article 4 hereof. In any case, insurance premiums shall not be lower than the amounts equal VND 1.000 billion multiplied (x) by 75% of insurance premiums prescribed in Clause 1 Section I Annex II enclosed herewith.
3. For nuclear facilities: Insurers and policyholders may negotiate rules, terms, insurance premiums and deductibles on the basis of evidences proving that the major foreign reinsurers accept reinsurance in accordance with rules, terms, insurance premiums and deductibles provided by insurers to policyholders. The major foreign reinsurers and foreign reinsurers assuming from 10% of total insurance coverage of each reinsurance policy shall satisfy the regulations in Clause 9 Article 4 hereof.
Article 27. Insurance certificates
1. Insurers shall grant certificates of compulsory fire and explosion insurance to policyholders. Certificates of compulsory fire and explosion insurance shall be designed by insurers. An insurance certificate shall include:
a) Names, addresses and phone numbers (if any) of policyholder and the insured.
b) Name, address and hotline of insurer.
c) Name of facility facing fire or explosion hazard in accordance with regulations of law on fire prevention and fighting.
d) The insured’s location.
dd) The insured property.
e) Sum insured.
g) Deductible.
h) Insurance period.
i) Insurance rate, insurance premiums.
k) Date of issue of the insurance certificate.
l) Number code and barcode registered, managed and used according to regulations of law to enable storage, transmission and extraction of ID information of insurer and ID information of compulsory fire and explosion insurance.
2. In case of issuance of electronic certificates of insurance, issuers must comply with Law on Electronic Transactions and guiding documents; Electronic certificates of insurance must closely comply with applicable regulations and Clause 1 of this Article.
Article 28. Principles of indemnification
Insurers shall consider and settle insurance claims according to regulations of law on insurance business and the following principles:
1. When losses to facilities facing fire and explosion hazards are incurred, policyholders shall immediately notify insurers via contract information means, then submit written notifications to insurers within 14 days from the date on which such losses are incurred.
2. Insurance indemnities for damaged property shall not exceed the sums insured of such property (agreed and specified in insurance policies and insurance certificates) minus the deductibles prescribed in Clause 3 of this Article.
3. A deductible of up to 20% of insurance indemnities shall be provided if facilities facing fire and explosion hazards fail to fully comply with proposals on records on fire safety inspection issued by competent public security authorities within the prescribed period, thereby leading to an increase in damages caused by fire and explosion.
Article 29. Applications for insurance claims
An application for claim for compulsory fire and explosion insurance includes the following documents:
1. A claim form.
2. Documents relating to the insured including: an insurance policy and a certificate of insurance (COI).
3. A copy of a record on fire safety inspection issued a competent public security authority at the time nearest to the time an insured event occurs.
4. An assessment record of insurer or person authorized by insurer.
5. A copy of a competent authority’s conclusion or notice of the cause of the fire or explosion or proofs of the cause of the fire or explosion.
6. List of damage and documentary evidences for damage.
Policyholders shall collect and submit the documents prescribed in Clauses 1, 2, 3, 5 and 6 of this Article to insurers. Insurers shall collect the documents prescribed in Clauses 4 of this Article.
1. In a fiscal year, an insurer that provides compulsory fire and explosion insurance shall transfer 1% of the total premium for compulsory fire and explosion insurance that is collected from its principle insurance policy in the immediately preceding fiscal year.
2. The insurer shall annually submit the amount specified in Clause 1 of this Article to the Fire and Rescue Police Department’s account opened at the State Treasury by the Ministry of Public Security. To be specific:
a) Before June 30 of each year: Transfer 50% of the total amount prescribed in Clause 1 of this Article.
b) Before December 31 of each year: Transfer the remaining amounts prescribed in Clause 1 of this Article.
1. Revenues from compulsory fire and explosion insurance must be managed and used in a transparent manner and for the right purposes according to regulations herein and regulations of relevant law.
2. Revenues from compulsory fire and explosion insurance for fire prevention and fighting purposes shall be used as follows:
a) Providing assistance in purchase of fire prevention and fighting equipment for fire police forces: Up to 65% of the premiums collected by the insurer from compulsory fire and explosion insurance in the fiscal year. The purchase of fire prevention and fighting equipment shall comply with regulations of law on procurement.
b) Providing assistance in dissemination of law and knowledge about fire prevention and fighting and compulsory fire and explosion insurance: Up to 15% of the premiums collected by the insurer from compulsory fire and explosion insurance in the fiscal year. Items and rates of expenditure for dissemination of law and knowledge shall comply with regulations of law on management, use and statement of guarantees for law dissemination and education work.
c) Providing assistance for fire police forces in fire investigation; provision of professional training and inspection of fire safety; supervision of participation in compulsory fire and explosion insurance by facilities facing fire and explosion hazards: up to 15% of the premiums collected by the insurer from compulsory fire and explosion insurance in the fiscal year. Expenditure items and rates shall comply with applicable expenditure regulations.
d) Providing assistance in rewarding organizations and individuals directly engaging and cooperating in fire prevention and fighting: Up to 5% of the premiums collected by the insurer from compulsory fire and explosion insurance in the fiscal year. Where:
Regular expenditures for commendation shall comply with regulations of law on emulation and commendation.
In case of irregular expenditures for organizations and individuals directly engaging in fire prevention and fighting, the Minister of Public Security shall decide specific cases eligible for irregular commendation and commendation amounts based on achievements of organizations and individuals and revenues from compulsory fire and explosion insurance.
3. At the same time with the time when annual state budget estimates are made, the Ministry of Public Security shall made an estimate of revenues from compulsory fire and explosion insurance, consolidate it into the estimate of the Ministry of Public Security, then submit it to the Ministry of Finance according to regulations of the Law on State Budget and guiding documents for consolidation and monitoring.
4. The management and use of collected premiums shall comply with applicable regulations, norms and standards. The Ministry of Public Security shall consider, approve and verify annual statements of premiums collected from compulsory fire and explosion insurance for affiliated units; consolidate them into other revenues that are remained and prepare annually final accounts, and submit them to the Ministry of Finance together with final accounts of state budget for consolidation and monitoring.
5. The amount collected from compulsory fire and explosion insurance for fire prevention and fighting purposes that remain after completing the tasks specified in Clause 2 of this Article at the end of the year shall be carried over the succeeding year. After 5 years, if premiums collected from compulsory fire and explosion insurance are not expended all, the Ministry of Public Security shall take charge and cooperate with the Ministry of Finance in reviewing and assessing revenues from compulsory fire and explosion insurance, reporting the Government for adjusting transfer ratios accordingly.
REGULATIONS ON COMPULSORY INSURANCE FOR CONSTRUCTION INVESTMENT ACTIVITIES
Investors shall purchase compulsory insurance for construction investment activities for the following construction works:
1. Construction works and construction items significantly affecting public safety and benefits prescribed in Annex X Decree No. 15/2021/ND-CP dated May March 03, 2021 of the Government elaborating certain contents of management of construction investment projects.
2. Construction works facing high environmental risks or facing environmental risks prescribed in Annex III and Annex IV of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government elaborating certain Articles of the Law on Environment Protection and included in the list of investment projects requiring environmental impact assessment (EIA) in accordance with the Law on Environmental Protection.
3. Construction works having special technical requirements and complicated construction requirements according to regulations of law on construction and relevant laws.
Minimum coverage for compulsory insurance for construction works in progress refers to the full values of construction works upon completion, including all building materials, workforce costs, equipment installed on construction works, transport costs, taxes, other fees and other items provided by investors. Minimum coverage for construction works in progress shall not be allowed to be lower than total construction policy value, including values subject to amendments and revisions (if any).
Article 34. Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall provide indemnities for damage to construction works in progress arising from all risks, except for insurance exclusions according to Clause 2 of this Article.
2. Insurance exclusions
Insurers are not required to provide indemnities in the following cases:
a) Losses incurred by war, riots, strikes, actions of hostile forces, rebellions, malicious acts on behalf of or in connection with political organizations, distraint, expropriation, requisition, confiscation or destruction or damage caused by order of competent regulatory agencies.
b) Losses incurred by terrorism.
c) Losses incurred by nuclear reactions, nuclear radiation, and radioactive contamination.
d) Losses or damages of policyholders and the insured named in the list of entities placed under embargo.
dd) Losses or damages relating to diseases according to publications of competent authorities.
e) Losses incurred by intentional violations against law of policyholders or the insured.
g) Losses incurred in case policyholders have not insurable interests.
h) Losses incurred by suspension from construction or losses incurred by consequences of suspending works wholly or partly.
i) Losses to data, software and computer programs.
k) Losses incurred by design faults of consultancies for construction works at class II or higher.
l) Losses incurred by corrosion, abrasion and oxidation.
m) Losses incurred by decay and taking place under pressure conditions, normal temperature (this regulation is only applied to construction works prescribed in Point a Clause 1 Article 37 of this Decree).
n) Losses incurred by hard scale formation such as rust, dregs or other similar phenomena (this regulation is only applied to construction works prescribed in Point b Clause 1 Article 37 of this Decree).
o) Expenses for repair, replacement, correction of defective materials or workmanship. This exclusion is only applied to losses of items that are directly affected and is not applied to losses of other items which were caused by indirect consequences of defects in materials or workmanship and have not caused improper construction.
p) Losses or damages only detected at the time of inventory.
Article 35. Termination of insurance policies
1. An insurance policy shall be terminated in the following cases:
a) The policyholder and insurer had reached an agreement in the insurance policy on termination of policy in case of suspension of construction works specified in the policy or termination of the policy as prescribed by law.
The policyholder shall submit a written notification to the insurer within 5 working days from the date on which the investor issue a decision on suspension of construction works specified in the policy or termination of the policy as prescribed by law. The date of termination of the policy shall be based on the date of suspension of construction works specified in the policy or termination of the policy as prescribed by law.
b) Other eligible cases of termination in accordance with law.
2. Legal consequences of termination of an insurance policy
a) In case the policy is terminated as prescribed in Point a Clause 1 of this Article, within 15 days from the date of termination, the insurer shall return to the policyholder the insurance premium in proportion to the remaining insurance period of the insurance policy minus reasonable expenses relating to the insurance policy according to the agreement specified in the insurance policy (if any). If the policyholder does not fully pay the insurance premium, the policyholder must pay an additional insurance premium corresponding to the covered period calculated to the date of termination of the insurance policy.
b) Legal consequences of the termination of the insurance policy as prescribed in Point b Clause 1 of this Article shall comply with the agreement specified in the insurance policy and regulations of law.
Insurance period of a compulsory insurance for construction works in progress shall be as follows:
1. For the construction work prescribed in Point a Clause 1 Article 37 of this Decree: the insurance period specified in the policy shall be from the commencement date to the completion date of construction on the basis of the decisions on investment issued by competent authorities, including amendments thereto (if any). The insurance period for components or items of a construction work which have been handed over or brought into use shall be terminated from the date on which such components or items are handed over or brought into use.
2. For the construction work prescribed in Point b Clause 1 Article 37 of this Decree: the insurance period specified in the policy shall be from the commencement date of construction on the basis of the decisions on investment of competent authorities, including amendments thereto (if any), to the date on which the construction work is handed over or after the date on which the first load test is completed, depending on whichever comes first, but not more than 28 days from the beginning date of testing. The insurance period for used equipment installed on the construction work shall be terminated from the beginning date of testing of such equipment.
Article 37. Insurance premiums and deductibles
1. Insurance premium and deductible for a compulsory insurance for a construction work in progress shall be as follows:
a) For an insured construction work whose value is under VND 1.000 billion, excluding installation or including installation but the cost for installation accounts for less than 50% of its total value, its insurance premium and deductible shall be determined according to Clause 1 Section I Annex III enclosed herewith.
b) For an insured construction work whose value is under VND 1.000 billion, including installation and the cost for installation accounts for at least 50% of its total value, its insurance premium and deductible shall be determined according to Clause 1 Section II Annex III enclosed herewith.
c) For a construction work whose value is at least VND 1.000 billion as prescribed in Point a and Point b of this Clause, the insurer and policyholder may negotiate insurance premium and deductible on the basis of evidence proving approval by the major foreign reinsurer. The major foreign reinsurer and foreign reinsurer assuming from 10% of total insurance coverage of each reinsurance policy shall satisfy the regulations in Clause 9 Article 4 hereof. In any case, the insurance premium shall not be lower than the amount equal VND 1.000 billion multiplied (x) by 75% of the insurance premium prescribed in Clause 1 Section I Annex III enclosed herewith (for the construction work prescribed in Point a Clause 1 of this Article) or Clause 1 Section II Annex III enclosed herewith (for the construction work prescribed in Point b Clause 1 of this Article).
d) For construction works that are not prescribed in Point a, Point b and Point c of this Clause:
Insurers and policyholders may negotiate rules, terms, insurance premiums and deductibles on the basis of evidences proving that major foreign reinsurers accept reinsurance in accordance with the rules, terms, insurance premiums and deductibles provided by insurers to policyholders. The major foreign reinsurers and foreign reinsurers assuming from 10% of total insurance coverage of each reinsurance policy shall satisfy the regulations in Clause 9 Article 4 hereof.
2. For construction works that are not prescribed in Point a, Point b Clause1 of this Article:
Insurers may increase or decrease insurance premiums by up to 25% according to the risk level of the insured.
In case the insured is the direct cause of higher indemnities than principal insurance premiums collected from compulsory insurance for works in progress in the immediately preceding fiscal year, on the basis of data verified by actuaries of the insurers and independent audit organizations, upon renewal of insurance policies, the insurers and policyholders may negotiate insurance premiums and deductibles to ensure the solvency of the insurers.
3. In case a construction period of a work is extended in comparison with the period prescribed in a decision on investment issued by a competent authority when concluding an insurance policy, the policyholder and insurer may negotiate additional insurance premium applied to the extended period. The additional insurance premiums (if any) shall be calculated on the basis of the insurance premiums prescribed in the Annex III enclosed herewith and regulations in Clause 2 of this Article, ratio of the extension to total construction period under the decision on investment issued by the competent authority upon concluding the insurance policy and other risks.
Article 38. Responsibilities of purchase of insurance
An investor shall purchase insurance for a construction work or each item of the construction work in progress. Some specific cases:
1. For purchase of insurance for a construction work in progress, the investor shall purchase insurance with the minimum coverage prescribed in Article 33 hereof.
2. For purchase of insurance for each item of the construction work in progress, the investor shall purchase insurance, provided the insurance coverage for each item is not smaller than its full value upon completion, and the total insurance coverage for all items of the work during construction is not smaller than the minimum coverage prescribed in Article 33 hereof.
Article 39. Principles of indemnification
An insurer shall consider and settle an insurance claim according to regulations of law on insurance business and the following principles:
1. When a loss on the work in progress is incurred, the policyholder shall cooperate with the insurer in settling the insurance claim as follows:
a) Immediately notifying the insurer via contract information means, then submit a written notification to the insurer within 14 days from the date on which such loss is incurred.
b) After submitting the written notification to the insurer, the policyholder may begin to repair or replace minor defects whose values do not exceed the corresponding deductibles prescribed herein.
In other cases, before repairing or replacing the items that are damaged/lost, the policyholder shall have the loss assessed by the insurer. If the insurer does not carry out the assessment within 5 working days from the date on which the notification of the loss is received, except for force majeure or objective barriers, the policyholder and the insured have the right to repair or replace the items that are damaged or lost. The insurer shall pay for the repair or replacement of the covered items that are damaged or lost if the policyholder and the insured repair or replace them promptly.
c) Preserving components that are lost/damaged to be available for assessment by representatives or assessors of the insurer.
d) Immediately notifying to public security authorities if the loss is incurred by the act of stealing.
dd) Implementing all measures within their capacity to minimize the loss.
e) Implementing, cooperating and allowing the insurer to implement necessary actions and measures or agreeing to the request of the insurer in order to protect entitlements of the insurer after providing indemnity for covered losses according to regulations herein.
2. When the loss on the work in progress is incurred, the insurer shall settle the insurance claim as follows:
a) Carrying out a loss assessment according to regulations of law and preparing a record of assessment of causes and extent of damage according to the regulations in Clause 5 Article 40 of this Decree.
b) Providing guidance and cooperating with the policyholder and relevant agencies, organizations and individuals in collecting adequate documents to make an insurance claim application.
3. The insurer shall only provide indemnity for physical damages that the insured actually suffers and such damages have been included in the sum insured.
4. The indemnity for each item of property specified in the insurance policy shall not exceed the sum insured of such property. The total insurance indemnity shall not exceed the total sum insured prescribed in the insurance policy. Some specific cases:
a) If the damage can be repaired, it must be repaired and the insurance indemnity shall be the expenditure necessary to restore the status quo of the items that are lost/damaged minus the recovered value (in case the policyholder recalls the property) and the deductible.
b) If the loss cannot be repaired, the insurance indemnity shall be the market price of the item when and where the loss occurs and the extent of damage minus the deductible. If the policyholder recalls the property that is lost/damaged, the insurance indemnity shall be the real value of such item when and where the loss occurred minus the deductible and the recovered value of the property.
5. The temporary expense for repair shall be incurred by the the insurer if the repair constitutes the official repair and does not cause any increase in the total repair expense according to the final revised plan of the item that is lost/damaged.
6. The insurer is not liable for indemnifying all expenses for renovation, supplementation and upgrade of the insured items.
Article 40. Applications for insurance claims
An application for claim for compulsory insurance for construction works in progress includes the following documents:
1. A claim form completed by the policyholder.
2. Documents relating to the insured, including: An insurance policy and a certificate of insurance (COI).
3. Documents proving damage to property, including:
a) An construction incident dossier in case a construction incident occurs (certified true copy from original or copy with confirmation of the dossier maker) according to regulations in Article 47 of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government elaborating certain contents of quality control, construction and maintenance of construction works or evidences proving the loss of the construction work.
b) Valid invoices and instruments or evidences showing repair and/or replacement of the damaged property.
4. Documents proving necessary and reasonable expenses that the policyholder has spent to minimize the loss or to follow instructions of the insurer.
5. A report of assessment of the cause and extent of damage made by the insurer or a person authorized by the insurer.
6. Other relevant documents (if any).
The policyholder shall collect and submit the documents prescribed in Clauses 1, 2, 3, 4 and 6 of this Article to the insurer. The insurer shall collect the documents prescribed in Clause 5 of this Article.
The insured of compulsory professional liability insurance for construction investment consultancy is the third party accepting the civil liability of an investment construction consultancy arising from construction surveying, or construction design of a type II construction work or higher.
The maximum coverage shall equal values of contracts for construction surveying consultancy services and contracts for construction design consultancy services.
Article 43. Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall pay consultancies the indemnities payable by the latter to the third parties for the losses caused by the provision of construction investment consultancy services and relevant expenses according to regulations of law, except for the cases prescribed in Clause 2 of this Article.
2. Insurance exclusions
Insurers are not liable for paying indemnities in the following cases:
a) Insurance exclusions prescribed in Points a, b, c, d, dd, e, g, h and i clause 2 Article 34 hereof.
b) Losses incurred by intentional selection of construction methods, calculation, measurement, design and use of untested materials by consultancies.
c) Expenses for redesign or revision of drawings, plans, guiding documents or list of technical instructions.
d) Losses incurred by molds.
dd) Losses incurred by provision of construction surveying consultancy services, construction design consultancy services leading to pollution and contamination of the environment and third parties.
e) Losses related to asbestos or any materials containing asbestos.
g) Losses incurred by violations against intellectual property rights.
h) Losses incurred by intentional incompliance with regulations on application of technical standards and regulations of law on construction, and use of building materials harmful to public health and the environment by consultancies.
The insurance period of compulsory professional liability insurance for construction investment consultancy of a construction work shall start from the date of provision of consultancy services to the end of the maintenance period of the work as prescribed by law.
Article 45. Insurance premiums and deductibles
1. Insurance premium and deductible for a compulsory professional liability insurance for construction investment consultancy shall be as follows:
a) For construction works whose values are under VND 1.000 billion and are not dikes, dams, ports, harbors, wharfs, piers, breakwaters or irrigation works; airports, airplanes, satellites and space projects; shipbuilding and repair works; marine and underwater energy construction works; train, tram, express train projects and underground mining projects, its insurance premium and deductible shall be prescribed in Clause 1 Annex IV enclosed herewith.
The insurer may increase or decrease the insurance premium by up to 25% according to the risk level of the insured.
In case the insured is the direct cause of higher expenditure for insurance indemnity than the principal insurance premium collected from compulsory professional liability insurance for construction investment consultancy in the immediately preceding fiscal year, on the basis of data verified by actuaries of the insurer and an independent audit organization, upon renewal of the insurance policy, the insurer and policyholder may negotiate insurance premium and deductible to ensure the solvency of the insurer.
b) For a construction work whose value is at least VND 1.000 billion or consultancy contract value is more than VND 80 billion or construction works whose insurance premiums do not comply with regulations in Point a Clause 1 of this Article: the insurer and policyholder may negotiate insurance premium and deductible on the basis of evidence proving that major foreign reinsurer assumes reinsurance in compliance with rules, clauses, the insurance premium and deductible provided by the insurer to the policyholder. The major foreign reinsurer and foreign reinsurer assuming from 10% of total insurance coverage of each reinsurance policy shall satisfy the regulations in Clause 9 Article 4 hereof. In any case, the insurance premium shall not be lower than the amount equal VND 1.000 billion multiplied (x) by 75% of the insurance premium prescribed in Point a Clause 1 Annex IV enclosed herewith.
2. In case a consultation period of a work is extended in comparison with the period prescribed in a decision on investment issued by a competent authority when concluding an insurance policy, the policyholder and insurer shall negotiate additional insurance premium applied to the extended period. The additional insurance premium shall be determined on the basis of insurance premium prescribed in Point a Clause 1 Annex IV enclosed herewith, regulations on increase or decrease of insurance premiums prescribed in Point a Clause 1 of this Article and shall correspond to the extended period of providing consultancy services.
Article 46. Principles of indemnification
An insurer shall consider and settle an insurance claim according to regulations of law on insurance business and the following principles:
1. The insurer shall pay their consultancy indemnities payable by the latter to the third party for losses and relevant expenses according to regulations of law. To be specific:
a) Losses of the third party and relevant expenses incurred by negligent or careless actions of the insured which are consequences of provision of construction surveying consultancy services and construction design consultancy services within the insurance coverage.
b) Claims of the third party firstly submitted (from an insured event) to the insured and notified to the insurer within the insurance period by the policyholder, including expenses payable to lawyer(s) designated by the insurer or the insured (if there is a written agreement on the designation of the insurer), other fees and expenses arising from the investigation, correction, and defense related to the insured event but excluding salaries paid to employee(s) or manager(s) concluding employment contract(s) with the insured.
c) Other relevant expenses according to regulations of law.
2. The total insurance indemnity of the insurer for all claims during the insurance period shall not be beyond the maximum coverage agreed upon in the insurance policy.
3. If the third party makes a claim, the policyholder shall cooperate with the insurer in settling the insurance claim as follows:
a) Immediately notifying the insurer via contract information means, then submit a written notification to the insurer within 14 days from the date on which such claim is received.
b) Implementing all measures within their capacity to minimize losses.
c) Implementing, cooperating and allowing the insurer to implement necessary actions and measures or agreeing to the request of the insurer in order to protect entitlements of the insurer after providing indemnity for covered losses according to regulations herein.
4. If the third party makes a claim, the insurer shall:
a) Carry out a loss assessment according to regulations of law and prepare a record of assessment of causes and severity of damage.
b) Provide guidance and cooperate with the policyholder and relevant agencies, organizations and individuals in collecting adequate documents to make an application for insurance claims.
c) Cooperate with the policyholder in settling the insurance claim for covered losses of the third party if an insured event occurs.
Article 47. Applications for insurance claims
The insurer shall cooperate with the policyholder, the insured and relevant agencies, organizations and individuals in collecting adequate documents to make an application for insurance claims. The application for claim for compulsory professional liability insurance for construction investment consultancy includes the following documents:
1. A claim form completed by the policyholder.
2. Documents related to the insured including: an insurance contract and a certificate of insurance (COI).
3. A claim form prepared by the third party to the insured.
4. Documentary evidences of damage to life (copies of healthcare facilities or certified copies of the insurer after being compared with the originals) provided by the policyholder. Depending on the extent of damage to life, one or some documents below may be included:
a) Written proof of injury.
b) Hospital discharge paper.
c) Surgery certificate.
d) Medical record.
dd) Extract of the application form for death certificate or death declaration or written confirmation of a police authority or examination results of the forensic science agency.
e) Reasonable and valid invoices and instruments regarding medical expenses.
5. Documents proving damage to property, including:
a) An construction incident dossier in case a construction incident occurs (certified true copy from original or copy with confirmation of the dossier maker) according to regulations in Article 47 of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government elaborating certain contents of quality control, construction and maintenance of construction works or evidences proving the loss of the construction work.
b) Valid invoices and instruments or evidences showing repair and/or replacement of the damaged property.
c) Documents, invoices and instruments concerning additional expenses that the policyholder has spent to minimize losses or to follow instructions of the insurer.
6. A report of assessment of the cause and extent of damage made by the insurer or a person authorized by the insurer.
7. Other relevant documents (if any).
The policyholder shall collect and submit the documents prescribed in Clauses 1, 2, 3, 4, 5 and 7 of this Article to the insurer. The insurer shall collect the documents prescribed in Clauses 6 of this Article.
1. The insured entity of compulsory insurance for construction site personnel is the civil liability of the building contractor to the employees working at the construction site as prescribed by law.
2. The maximum coverage shall be VND 100 million for a person in an insured event.
Article 49. Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall pay construction contractors indemnities payable by the latter to employees for their injury or death due to occupational accidents and occupational diseases arising from construction on construction sites, except for the cases prescribed in Clause 2 of this Article.
2. Insurance exclusions
Insurers are not liable for paying indemnities in the following cases:
a) Insurance exclusions prescribed in Points a, b, c, d, dd, g, h and i clause 2 Article 34 hereof.
b) Losses related to asbestos or any materials containing asbestos.
c) Losses incurred by contradictions between employees and other people involved in accidents which do not occur due to construction on construction sites.
d) Losses incurred by deliberate self-harm (DSH) to health by employees.
dd) Losses incurred by use of narcotics or drugs contrary to the regulations of law (except in cases where the drugs are prescribed for treatment as prescribed by licensed doctors).
e) Losses incurred by intentional violations against law of policyholders or the insured (except cases where employees of narcotics or drugs contrary to the regulations of law (except in cases where employees defend themselves, save people, save property or use stimulants for treatment as prescribed by doctors).
1. The insurance period of a compulsory insurance for construction site personnel shall start from the commencement date of construction to the end of the maintenance period of the construction work as prescribed by law.
2. The specific insurance period of construction site personnel shall be determined on the basis of their employment contracts and written confirmations of construction contractors of the length of time spent working on construction sites.
Article 51. Insurance premiums
1. An insurance premium of a compulsory insurance for construction site personnel shall be prescribed in Annex V enclosed herewith.
2. The insurer may increase or decrease the insurance premium by up to 25% according to the risk level of the insured.
In case the insured is the direct cause of higher insurance coverage than principal insurance premium collected from the compulsory insurance for construction site personnel in the immediately preceding fiscal year, on the basis of data verified by actuaries of the insurer and an independent audit organization, upon renewal of the insurance policy, the insurer and policyholder may negotiate insurance premium and deductible to ensure the solvency of the insurer.
3. If there is a change in the number of employees or tasks of employees, the following instructions shall be complied with:
a) Before the 15th of the month succeeding the month in which the change occur, the construction contractor shall submit a written notification of the mentioned-above change attached to a new list of employees (in case the number of employees is changed), a list of changes of tasks of employees (in case tasks of employees are changed).
b) In case the number of employees increases and tasks of employees are changed, thereby leading to an increase in insurable risks, the construction contractor must submit an additional insurance premium before the 15th of the month succeeding the month in which the notification is submitted.
c) In case the number of employees decreases and tasks of employees are changed, thereby leading to a decrease in insurable risks, the insurer shall return to the construction contractor the overpaid insurance premium in proportion to the remaining insurance period of the insurance policy before the 15th of the month succeeding the month in which the notification is submitted, provided no claim has been filed or a claim has been filed but not settled by the insurer.
d) If the construction contractor submits the notification according to the regulations in Point a of this Article and pay insurance premiums according to the regulations in Point b of this Clause, insurance policies of new employees shall be automatically effective or insurance policies of released employees shall be terminated; insurance policies of employees whose tasks are changed shall be automatically effective.
Article 52. Principles of indemnification
An insurer shall consider and settle an insurance claim according to regulations of law on insurance business and the following principles:
1. When a labor accident or occupational disease occurs for construction site personnel, the policyholder shall cooperate with the insurer in settling the insurance claim as follows:
a) Immediately notifying the insurer via contract information means, then submit a written notification to the insurer within 14 days from the date on which such accident or disease happens to the construction site personnel.
b) Implementing all measures within their capacity to minimize damages.
c) Implementing and allowing the insurer to implement necessary actions and measures or agreeing to the request of the insurer in order to protect entitlements of the insurer after providing indemnity for covered losses according to regulations herein.
2. When a labor accident or occupational disease occurs for construction site personnel, the insurer shall guide the policyholder and cooperate with the policyholder and relevant agencies, organizations and individuals in collecting sufficient documents to make an application for insurance claims; determine the cause and extent of damage.
3. When an employee is dead or injured due to a covered labor accident or occupational disease arising from construction on the construction site, the insurer shall pay amounts agreed upon between the construction contractor and the employee or the employee's legal representative (in case the employee is dead), including the following payments:
a) The allowance for leaving work during the treatment period prescribed by the treating doctor which is calculated based on the employee’s salary according to the employment contract but not exceeding 6 months' salary in each insured event.
b) Actual medical expenses including emergency expenses, necessary and reasonable inpatient and outpatient treatment expenses.
c) In case the employee has a working capacity impairment of less than 81%, the specific coverage rate for each type of injury or damage to life shall be determined according to the Schedule of compulsory insurance indemnities for construction site personnel according to Annex VII enclosed herewith.
d) In case the employee is dead or has a working capacity impairment of 81% or more, the insurer shall pay VND 100 million to one employee in one case.
The total insurance indemnity as prescribed at Points a, b, c and dd shall not exceed VND 100 million per employee per case in case the maximum coverage is VND 100 million.
4. In case a labor accident or occupational disease arising causes injury to the employee and this injury is aggravated by previous injuries or diseases, the insurer is not responsible for providing indemnity for such aggravated part.
Article 53. Applications for indemnification
The insurer shall cooperate with the policyholder, the insured and relevant agencies, organizations and individuals in collecting adequate documents to make an application for insurance claims. The application for claim for compulsory insurance for construction site personnel:
1. A claim form completed by the policyholder.
2. Documents concerning the insured including:
a) Insurance policy, insurance certificate, employment contract signed between the insured and the employee involved in a labor accident or occupational disease, timesheet.
b) Claims form concerning the employee’s labor accident or occupational disease (if any).
3. Documents proving that the employee is injured or dead due to a labor accident (Certified true copy from the original or copy verified by the insurer after being compared with the original):
a) A record of labor accident investigation made by a competent agency in accordance with law (if any). In case the employee is involved in a traffic accident which is determined to be a labor accident, there must be a traffic accident record or a scene investigation record and a diagram of the scene of the traffic accident prepared by competent agencies in accordance with law.
b) Depending on the extent of damage to life, one or more of the following documents may be included: Written proof of injury; hospital discharge paper; Certificate of surgery; Medical record; Extract of death certificate or death notice or written certification of a police agency or examination results of a forensic examination agency.
c) A minute of assessment of the level of working capacity impairment made by the Medical Assessment Council in case the employee has a working capacity impairment of 5% or more (if any).
d) Valid invoices and vouchers of healthcare facilities proving the employee's treatment of injury caused by a labor accident.
4. Documents proving that the employee is injured or dead due to an occupational disease:
a) A record of measurement of environmental hazards within the prescribed time limit made by a competent agency, in case the record is used for more than one person, the application of each employee must contain an extract (if any).
b) A hospital discharge certificate (in case of non-treatment at the hospital, an occupational medical examination certificate is required) or an occupational disease consultation slip; Medical record; Extract of death certificate or death notice (in case the employee is dead).
c) A minute of assessment of the level of working capacity impairment made by the Medical Assessment Council in case the employee has a working capacity impairment of 5% or more (if any).
d) Valid invoices and vouchers of healthcare facilities proving the employee's treatment of injury caused by an occupational disease.
5. Documents proving indemnities that the construction contractor has provided to the employee for their covered injury or death due to occupational accidents and occupational diseases.
6. Other relevant documents (if any).
The insured of compulsory civil liability insurance for third parties are third parties involved in construction process under regulations of law accepting the civil liability of construction contractors.
The maximum coverage of compulsory civil liability insurance for a third party shall be as follows:
1. Maximum coverage for damage to health and life is VND 100 million/individual/case.
2. Maximum coverage for damage to property and relevant legal expenses (if any) is determined as follows:
a) For a construction work whose value is under VND 1.000 billion, the maximum coverage for damage to property and relevant legal expenses (if any) shall be 10% of the construction work value for the full insurance period for all losses without limit.
b) For a work whose value is at least VND 1.000 billion, the maximum coverage for damage to property and relevant legal expenses (if any) shall be VND 100 billion for the full insurance period for all losses without limit.
Article 56. Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall pay construction contractors indemnities payable by the latter to the third parties for covered damages to health, life and property directly arising from construction and relevant legal expenses (if any) according to agreements in insurance policies, except for the cases prescribed in Clause 2 of this Article.
2. Insurance exclusions
Insurers are not liable for providing indemnities in the following cases:
a) Insurance exclusions prescribed in Points a, b, c, d, dd, e, g, h and i clause 2 Article 34 hereof.
b) Losses incurred by pollution or contamination. This exclusion is not applied to damage to health, life or property arising from pollution or contamination due to unpredictable risks.
c) Damage incurred by vibrations or movement or decline of seismic-resistant and load-bearing components or injury or damage to life or property due to any of the above losses (unless otherwise agreed upon in amended Clauses).
d) Damage resulting from accidents caused by motor vehicles or vessels, barges or aircraft involved in civil liability insurance of motor vehicle owners to third parties
dd) Liabilities resulting from injuries or sick caused for employees of investors or contractors relating to the insured works.
e) Losses of property legally owned, managed or used by investors or contractors or employees or workers of one of the above-mentioned entities.
g) Losses related to asbestos or any materials containing asbestos.
The insurance period of a compulsory civil liability insurance for a third party shall be a specific period which is calculated from the commencement date to the completion date of construction on the basis of the construction contract and specified in the insurance policy.
Article 58. Insurance premiums and deductibles
1. Insurance premium and deductible for a compulsory civil liability insurance for a third party shall be as follows:
a) Insurance premium is 5% of the compulsory insurance premium for the corresponding construction work prescribed in Points a and b clause 1 Article 37 hereof. Insurance deductible for damage to property and relevant legal expenses (if any) is 5% of maximum coverage for damage to property and relevant legal expenses (if any) or VND 20 billion, depending on whichever is higher. The insurer may increase or decrease the insurance premium by up to 25% according to the risk level of the insured.
In case the insured is the direct cause of higher insurance indemnity than the principal insurance premium collected from compulsory civil liability insurance for third parties in the immediately preceding fiscal year, on the basis of data verified by actuaries of the insurer and an independent audit organization, upon renewal of the insurance policy, the insurer and policyholder may negotiate insurance premium and deductible to ensure the solvency of the insurer.
b) For a construction work excluded in Points a and b Clause 1 Article 37 of this Decree, the insurer and policyholder may negotiate rules, terms, insurance premium and deductible on the basis of evidence proving that the major foreign reinsurer assumes reinsurance in accordance with the rules, terms, insurance premium and deductible provided by the insurer to the policyholder. The major foreign reinsurer and foreign reinsurer assuming from 10% of total insurance coverage of each reinsurance policy shall satisfy the regulations in Clause 9 Article 4 hereof.
2. In case a construction period of a construction work is extended in comparison with the period prescribed in a decision on investment issued by a competent authority when concluding an insurance policy, the policyholder and insurer may negotiate an additional insurance premium for the extended period. The additional insurance premium (if any) shall be calculated on the basis of the insurance premium prescribed in Clause 1 of this Article, ratio of the extended period to total construction period under the decision on investment issued by the competent authority upon concluding the insurance policy and other risks.
Article 59. Principles of indemnification
An insurer shall consider and settle an insurance claim according to regulations of law on insurance business and the following principles:
1. If a third party suffers damage to health, life or property directly arising from construction covered by insurance, the insurer shall provide indemnity to the policyholder according to the following indemnities:
a) Specific indemnity for damage to health or life is determined for each type of injury according to Schedule for health and life indemnity under Annex VI attached to this Decree or according to an agreement (if any) between the insured and victim or victim’ heir (in case the victim is dead) or victim’ representative (in case the victim is incapacitated according to a judicial decision or underage as prescribed in the Civil Code) but must not exceed the coverage rate specified under Annex VI attached to this Decree. If the judicial decision is made, the judicial decision shall prevail as long as the corresponding indemnity specified under Annex VI attached to this Decree is not exceeded.
b) Specific indemnity for damage to property in a case shall be determined based on actual damage and degree of fault as long as it does not exceed the maximum coverage agreed upon in the insurance policy.
c) Relevant legal expenses (if any).
Total insurance indemnity of the insurer prescribed in this Clause shall not exceed the maximum coverage prescribed in Article 55 of this Decree.
2. When the third party makes a claim, the policyholder shall cooperate with the insurer in settling the insurance claim as follows:
a) Immediately notifying the insurer via contract information means, then submit a written notification to the insurer within 14 days from the date on which such claim is received.
b) Implementing all measures within their capacity to minimize losses.
c) Implementing, cooperating and allowing the insurer to implement necessary actions and measures or agreeing to the request of the insurer in order to protect entitlements of the insurer after providing indemnity for covered damage according to regulations herein.
3. When the third party makes a claim, the insurer shall:
a) Carry out a loss assessment according to regulations of law and preparing a record of assessment of causes and extent of damage according to the regulations in Clause 6 Article 60 of this Decree.
b) Provide guidance and cooperate with the policyholder and relevant agencies, organizations and individuals in collecting adequate documents to make an application for insurance claims.
c) Cooperate with the policyholder in settling the insurance claim for covered losses of the third party if an insured event occurs.
Article 60. Applications for indemnification
An application for claim for compulsory civil liability insurance for a third party includes the following documents:
1. The claim form completed by the policyholder.
2. Documents related to the insured including: an insurance contract and a certificate of insurance (COI).
3. A claim form prepared by the third party to the insured.
4. Documentary evidence of damage to the third party’s health and life (copy certified true from original or copy certified true by healthcare facilities or copy certified true by the insurer after being compared with original) provided by the policyholder and/or insured. Depending on the extent of damage to life, one or some documents below may be included:
a) Written proof of injury.
b) Hospital discharge paper.
c) Surgery certificate.
d) Medical record.
dd) Extract of the application form for death certificate or death declaration or written confirmation of a police authority or examination results of the forensic science agency.
5. Documents proving damage to property, including:
a) An construction incident dossier in case a construction incident occurs (certified true copy from original or copy with confirmation of the dossier maker) according to regulations in Article 47 of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government elaborating certain contents of quality control, construction and maintenance of construction works or evidences proving the loss of the construction work.
b) Valid invoices and records in case the property is prepared or renewed.
6. A report of assessment of the cause and extent of damage made by the insurer or a person authorized by the insurer.
7. Judicial decision (if any).
8. Other relevant documents (if any).
The policyholder and the insured shall collect and submit the documents prescribed in Clauses 1, 2, 3, 4, 5, 7 and 8 of this Article to the insurer. The insurer shall collect the documents prescribed in Clauses 6 of this Article.
ORGANIZATION OF IMPLEMENTATION
Article 61. Responsibilities of the Ministry of Finance
1. Publicizing implementation of regulations on compulsory insurance within state management functions and tasks.
2. Examining and supervising management, use, payment and settlement of MVIF.
3. Taking charge inspecting and supervising insurers in implementation of compulsory insurance.
4. Handling violations against law on compulsory insurance of insurers.
5. Issuing Decisions on establishment and assignment of members of Vietnamese agency implementing Protocol No. 5 on ASEAN Program for compulsory motor insurance.
Article 62. Responsibilities of the Ministry of Public Security
1. Cooperating with the Ministry of Finance in disseminating law on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance.
2. Inspecting and handling violations against law on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance of facilities facing fire and explosion hazards.
3. Publishing the list of facilities facing fire and explosion hazards (except the facilities related to national defense, security and state secrets) by or on December 31 on the web portal of the Ministry of Public Security.
4. Specifying level of risk of conflagration of industrial facilities with A, B, C, D, or E fire grade under Inspection record or Fire safety and firefighting inspection record when identifying level of risk of conflagration of agencies, organizations, and individuals having facilities facing fire and explosion hazards.
5. Directing traffic police forces, investigation police forces to provide documents relating to traffic accidents according to Clause 5 Article 13 hereof, within 5 working days from the date on which results of investigation are given.
6. Sharing and providing information managed by public security authorities to databases on compulsory civil liability insurance of motor vehicle owners serving management thereof according to regulations of law on management of connecting and sharing digital data of regulatory agencies.
7. Deciding which cases are eligible for irregular commendation and commendation amounts prescribed in Point d Clause 2 Article 31 of this Decree.
Article 63. Responsibilities of the Ministry of Construction
1. Cooperating with the Ministry of Finance, relevant Ministries and central authorities in providing guidance on and encouraging participation in compulsory insurance for construction investment activities.
2. Taking charge of and collaborating with competent authorities in examining, inspecting and handling complaints, accusations, and imposing penalties for administrative violations with respect to policyholders that commit violations against regulations on compulsory insurance for construction investment activities in accordance with laws.
Article 64. Responsibilities of Ministry of Transport
1. Cooperating with Ministry of Finance, Ministry of Public Security and relevant ministries in guiding and publicizing implementation of regulations on compulsory civil liability insurance of motor vehicle owners.
2. Cooperating with Ministry of Finance in inspecting and supervising insurers in implementation of regulations on compulsory civil liability insurance of motor vehicle owners.
Article 65. Responsibilities of the Ministry of Health
Directing and guiding central, local medical facilities to provide copies of medical records, proof of injury, death certificates or confirmatory documents related to emergency medical treatment for victims of road traffic accidents to enable insurers to rapidly complete applications for insurance claims and guarantee rights of insurance participants.
Article 66. Responsibilities of Ministry of Information and Communications
Directing central and local press, communication agencies to regularly publicize compulsory insurance.
Article 67. Responsibilities of ministries, ministerial agencies and governmental agencies
1. Cooperating with Ministry of Finance and relevant ministries and central authorities in guiding and publicizing implementation of regulations on compulsory insurance.
2. Within scope of their tasks and entitlements, cooperating in inspecting, guiding and implementing regulations on compulsory insurance in accordance with regulations herein.
3. Cooperating with the Ministry of Information and Communications in implementing regulations on compulsory insurance within state management functions and tasks.
4. Vietnam Television and Voice of Vietnam shall spend certain broadcasting time volume to regularly disseminate information on compulsory insurance.
5. Performing other tasks under jurisdiction according to regulations of law.
Article 68. Responsibilities of the People Committees of provinces and central-affiliated cities
1. Directing competent authorities to organizing implementation of regulations on compulsory insurance.
2. Directing local press and media agencies to regularly publicize compulsory insurance.
3. Cooperating with Ministry of Public Security in directing local traffic police forces and other relevant police forces to inspect and take actions against motor vehicle owners who refuse to participate in compulsory civil liability insurance of motor vehicle owners.
4. Performing other tasks under jurisdiction according to regulations of law.
Article 69. Responsibilities of Border Guard High Command
1. Cooperating with Ministry of Finance and relevant agencies in organizing implementation of Protocol No. 5 on ASEAN Program for compulsory motor insurance.
2. Directing Border Guard of road checkpoints to inspect and control compliance with regulations on compulsory civil liability insurance of owners of transiting motor vehicles.
Article 70. Responsibilities of National Traffic Safety Committee
1. Cooperating with Ministry of Finance, Ministry of Public Security and relevant ministries in guiding and publicizing implementation of compulsory civil liability insurance of motor vehicle owners.
2. Cooperating with MVIF in organizing implementation of dissemination and education; preventing and limiting losses; making payments for humanitarian assistance according to this Decree.
1. Acting as standing agency assisting relevant ministries in implementing Protocol No. 5 on Program for compulsory motor vehicle insurance.
2. Conducting research and requesting Ministry of Finance to request competent authorities to finalize regulations on compulsory civil liability insurance of motor vehicle owners and facilitate implementation of ASEAN Program for compulsory motor insurance.
Article 72. Responsibilities of Vietnam Automobile Transportation Association
1. Cooperating with Ministry of Finance, Ministry of Public Security and relevant ministries in guiding and publicizing implementation of compulsory civil liability insurance of motor vehicle owners.
2. Directing and guiding associations of provinces to cooperate with People’s Committees of provinces or central-affiliated cities in guiding and publicizing implementation of regulations on compulsory civil liability insurance of motor vehicle owners.
Article 73. Responsibilities of Insurance Association of Vietnam
1. Proposing rate of contribution to MVIF to Ministry of Finance according to Clause 2 Article 16 of this Decree.
2. Publicizing implementation of regulations on compulsory insurance.
3. Disclosing information on compulsory civil liability insurance of motor vehicle owners.
Identifying A, B, C, D, and E fire grades of industrial facilities in case of facilities facing fire and explosion hazards according to regulations and law on fire prevention and firefighting.
Article 75. Responsibilities of the insurers
1. Refusing to offer any promotion program or discount of any kind for compulsory civil liability insurance of motor vehicle owners.
2. Preparing and submitting the following reports:
a) Professional report: insurer shall prepare and submit it to the Ministry of Finance. To be specific:
Report on the implementation of regulations on compulsory civil liability insurance of motor vehicle owners (using Form No. 1 Annex X); Report on the collected insurance premiums and indemnities for compulsory fire and explosion insurance (using Form No. 2 Annex X); Report on the collected insurance premiums and indemnities for compulsory insurance for construction investment activities (using Form No. 3 Annex X).
Data collection date: From January 01st to December 31st of the reporting year.
Report submission deadline: March 31st of the following financial year.
Methods of submission: In person or via postal service or via e-mail or via reporting system of Ministry of Finance (once the reporting system of Ministry of Finance is operational).
b) Report on the collection and transfer of compulsory fire and explosion insurance (using Form No. 4 Annex X): insurer must prepare and submit it to the Ministry of Public Security. To be specific:
Data collection date: Report for the first 6 months of the year (from January1st to June 30th of the reporting year); Report for the whole year (from January 1st to December 31st inclusively of the reporting year).
Deadline for submission: Report for the first 6 months of the year (July 31st); Report for the whole year (January 31st of the next financial year).
Methods of submission: In person or via postal service to Ministry of Public Security.
3. Setting up and operating 24/7 hotlines to promptly receive information on accidents and loss, provide and clarify issues concerning compulsory insurance for policyholders, the insured and relevant parties. Recording calls to the hotlines to ensure the rights of policyholders and the insured.
4. Integrating the lookup feature for Certificate of Compulsory civil liability insurance of motor vehicle owners on websites and web portals of insurers, allowing competent agencies to inspect, examine, supervise, and allowing policyholders and the insured to look up and verify insurance period and effective period of insurance certificates.
5. Providing specific explanation on insurance conditions, insurance premiums and minimum coverage to ensure policyholders and the insured clear discrimination between compulsory insurance and voluntary insurance.
6. Promoting application of information technology in settling insurance claims for compulsory civil liability insurance of motor vehicle owners to motorcycles and mopeds.
7. Cooperating with policyholders and relevant parties in collecting 1 application for insurance claims and be responsible before law on the accuracy, adequacy and validity of such application. Proactively collecting documents required in the application under liability of insurers as prescribed herein.
8. Providing advance indemnities and paying indemnities for compulsory insurance in a quick and accurate manner according to regulations herein.
9. Paying public security authorities expenses for photocopies of applications, records/minutes of motor vehicle accidents that have been provided as prescribed by law and keeping secret during investigations.
10. Notifying policyholders and the insured of expiry dates of insurance policies within 15 working days before the expiry dates.
11. Providing contributions to MVIF according to regulations in Article 16 of this Decree; transferring 1% of total insurance premiums for compulsory fire and explosion insurance that are collected from its original insurance policies for fire prevention and fighting purposes in the immediately preceding fiscal year as prescribed in Article 30 of this Decree.
12. Separately accounting for the collected insurance premiums, insurance agent commissions, insurance indemnities and expenses related to compulsory insurance.
13. Providing and updating information to databases on compulsory civil liability insurance of owners of motor vehicles at the request of the Council.
14. Other obligations in accordance with regulations of law.
IMPLEMENTATION CLAUSES
Article 76. Transitional clauses
1. Compulsory insurance policies concluded before the effective date of this Decree and still be valid shall continue to comply with regulations of the Law on Insurance Business dated June 16, 2022 (for insurance policies concluded from January 1st, 2023); Decree No. 03/2021/ND-CP ; Decree No. 23/2018/ND-CP ; Decree No. 97/2021/ND-CP ; Decree No. 119/2015/ND-CP ; Decree No. 20/2022/ND-CP , unless participants to insurance policies reach other agreements on amending such policies to be conformable with this Decree and to apply regulations hereof.
2. Regulations on management and use of MVIF; contribution rates, regulations on management and use of revenues from compulsory fire and explosion insurance for fire prevention and firefighting purposes shall comply with regulations herein from the financial year 2023. In the financial year of 2023, the Management Council shall decide MVIF contribution rates, insurers providing contributions to MVIF, transfer the contributions for fire and explosion purposes collected from compulsory fire and explosion insurance before December 31st, 2023.
3. In cases where contractors have been selected according to regulations of law on procurement but insurance policies have not been concluded, parties shall continue to comply with regulations in bidding documents and request for proposals which have been issued.
1. This Decree comes into force from the day on which it is signed.
2. The following Decrees are invalid from the day on which this Decree comes into force:
a) Decree No. 03/2021/ND-CP.
b) Decree No. 23/2018/ND-CP and Decree No. 97/2021/ND-CP .
c) Decree No. 119/2015/ND-CP and Decree No. 20/2022/ND-CP.
3. In case the legislative documents referred to this Decree are amended or replaced, the newest document shall be applied.
Article 78. Responsibility for implementation
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities and regulated entities of this Decree are responsible for implementation of this Decree./.
|
|
ON BEHALF OF. GOVERNMENT OF VIETNAM |
ANNEX I
PREMIUMS
FOR COMPULSORY CIVIL LIABILITY INSURANCE OF MOTOR VEHICLE OWNERS
(Enclosed with the Government’s Decree No. 67/2023/ND-CP dated September 06,
2023)
A. Premiums for 01-year insurance period (exclusive of VAT)
|
No. |
Vehicle type |
Premium
|
|
I |
Motorbikes |
|
|
1 |
Lower than 50 cc |
55.000 |
|
2 |
Of 50 cc or above |
60.000 |
|
II |
Motorized tricycles |
290.000 |
|
III |
Mopeds (including electric mopeds) and similar motor vehicles |
|
|
1 |
Electric mopeds |
55.000 |
|
2 |
Other vehicles |
290.000 |
|
IV |
Non-commercial automobiles |
|
|
1 |
Of less than 6 seats |
437.000 |
|
2 |
Of 6 - 11 seats |
794.000 |
|
3 |
Of 12 - 24 seats |
1.270.000 |
|
4 |
Of more than 24 seats |
1.825.000 |
|
5 |
Vehicles used to transport both goods and people (Pickup, minivan) |
437.000 |
|
V |
Commercial automobiles |
|
|
1 |
Of less than 6 seats as registered |
756.000 |
|
2 |
Of 6 seats as registered |
929.000 |
|
3 |
Of 7 seats as registered |
1.080.000 |
|
4 |
Of 8 seats as registered |
1.253.000 |
|
5 |
Of 9 seats as registered |
1.404.000 |
|
6 |
Of 10 seats as registered |
1.512.000 |
|
7 |
Of 11 seats as registered |
1.656.000 |
|
8 |
Of 12 seats as registered |
1.822.000 |
|
9 |
Of 13 seats as registered |
2.049.000 |
|
10 |
Of 14 seats as registered |
2.221.000 |
|
11 |
Of 15 seats as registered |
2.394.000 |
|
12 |
Of 16 seats as registered |
3.054.000 |
|
13 |
Of 17 seats as registered |
2.718.000 |
|
14 |
Of 18 seats as registered |
2.869.000 |
|
15 |
Of 19 seats as registered |
3.041.000 |
|
16 |
Of 20 seats as registered |
3.191.000 |
|
17 |
Of 21 seats as registered |
3.364.000 |
|
18 |
Of 22 seats as registered |
3.515.000 |
|
19 |
Of 23 seats as registered |
3.688.000 |
|
20 |
Of 24 seats as registered |
4.632.000 |
|
21 |
Of 25 seats as registered |
4.813.000 |
|
22 |
Of more than 25 seats |
[4.813.000 + 30.000 x (number of seats - 25 seats)] |
|
23 |
Vehicles used to transport both goods and people (Pickup, minivan) |
933.000 |
|
VI |
Cargo automobiles (trucks) |
|
|
1 |
Less than 3 tonne |
853.000 |
|
2 |
Of 3 - 8 tonne |
1.660.000 |
|
3 |
Of above 8 to 15 tonne |
2.746.000 |
|
4 |
Of above 15 tonne |
3.200.000 |
VII. Insurance premiums in other cases
1. Vehicles for driving instructors
Equal 120% of insurance premiums applicable to vehicles of the same type specified in Section IV and Section VI.
2. Taxis
Equal 170% of insurance premiums applicable to commercial vehicles of the same number of seats number specified in Section V.
3. Special vehicles
a) Insurance premium for ambulances equals 120% of that for vehicles used to transport both goods and people (pickup, minivan) specified in Section V.
b) Insurance premium for armored vehicles equals 120% of that for vehicles of less than 6 seats specified in Section IV.
c) Insurance premium for other special vehicles with specific payload capacity as prescribed by law equal 120% of that for cargo trucks of the same payload specified in Section VI; the insurance premium for special vehicles without specific payload capacity as prescribed by law equals 120% of that for cargo trucks with a payload capacity of less than 3 tonne specified in Section VI.
4. Semi-trucks
The insurance premium for semi-trucks equals 150% of that for cargo trucks with a payload capacity of above 15 tonne specified in Section VI. The insurance premium for a semi-truck is calculated for both the tractor unit and trailer(s).
5. Tractors
The insurance premium for tractors equals 120% of that for cargo trucks with a payload capacity of less than 3 tonne specified in Section VI. The insurance premium for a tractor is calculated for both the tractor and the trailer.
6. Buses
The insurance premium for buses equals that for non-commercial vehicles of the same number of seats number specified in Section IV.
B. Premiums for insurance periods other than 1-year period (exclusive of VAT)
In case of insurance periods other than 1-year period, the insurance premium shall be calculated on the basis of the insurance premiums prescribed by the Ministry of Finance of Vietnam and the corresponding insurance period. To be specific:
|
Premium payable |
= |
Annual insurance premium for the insured vehicle type |
x |
Insurance
period |
|
365 (days) |
In case of an insurance period of not exceeding 30 days, the insurance premium payable shall be calculated by dividing the annual insurance premium for the insured vehicle type by 12 months.
ANNEX II
COMPULSORY
FIRE AND EXPLOSION INSURANCE PREMIUMS AND DEDUCTIBLES
(Enclosed with the Government’s Decree No. 67/2023/ND-CP dated September 06,
2023)
I. INSURANCE PREMIUMS (EXCLUSIVE OF VAT)
1. If the total sum insured for property existing in a single facility facing fire and explosion risks (or “insured facility”) (except nuclear facilities) as prescribed in Annex II enclosed with the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 and its amendments (if any) is less than VND 1.000 billion, the insurance premium equals the minimum amount of coverage multiplied (x) by the insurance premium rate. Based on the level of risk faced by each insured facility, the insurer and the policyholder shall reach an agreement on the insurance premium rate which shall not be lower than the following rates:
|
No. |
Insured facilities |
Deductible (type) |
Premium rate/year (%) |
|
1 |
Premises of regulatory bodies at all levels with at least 10 stories or total volume of all work buildings of at least 25.000 m3 |
M |
0,05 |
|
2 |
Apartment buildings, tenement houses and dormitories with at least 7 stories or total volume of at least 10.000 m3; mixed-use buildings with at least 5 stories or total volume of at least 5.000 m3 |
|
|
|
2.1 |
Apartment buildings, tenement houses, dormitories and mixed-use buildings equipped with fire sprinkler systems |
M |
0,05 |
|
2.2 |
Apartment buildings, tenement houses, dormitories and mixed-use buildings which are not equipped with fire sprinkler systems |
M |
0,1 |
|
3 |
Junior kindergartens and senior kindergartens with at least 350 students or total volume of all educational buildings of at least 5.000 m3; primary schools, lower secondary schools; upper secondary schools and multi-level secondary schools with total volume of all educational buildings of at least 5.000 m3; colleges, universities, academies, post-secondary schools, vocational training schools and continuing education institutions with at least 7 stories or total volume of all educational buildings of at least 10.000 m3; other educational institutions established under the Education Law with total volume of at least 5.000m3 |
M |
0,05 |
|
4 |
Hospitals with at least 250 beds; polyclinics, clinics, sanitariums, physical rehabilitation facilities, orthopedic facilities, nursing homes, epidemic prevention and control facilities, medical centers and other healthcare facilities established under the Law on Medical Examination and Treatment with at least 5 stories or total volume of at least 5.000 m3 |
M |
0,05 |
|
5 |
Theaters, cinemas and circuses with at least 600 seats; convention and event centers with at least 5 stories or total volume of all convention buildings of at least 10.000 m3; cultural centers, karaoke facilities, night clubs, bars, clubs, beauty clinics, massage shops, theme parks, zoos and aquariums with volume of at least 5.000 m3 |
|
|
|
5.1 |
Karaoke facilities, night clubs, bars |
N |
0,4 |
|
5.2 |
Theaters, cinemas and circuses; convention and event centers; cultural centers, clubs, beauty clinics, massage shops |
M |
0,1 |
|
5.3 |
Theme parks, zoos and aquariums |
M |
0,05 |
|
6 |
Classes 1 and 2 markets; shopping malls, electronic appliances centers, supermarkets, department stores, convenience stores, restaurants, and food and beverage stores with total business space of at least 500 m2 or volume of at least 5.000 m3 |
|
|
|
6.1 |
Shopping malls |
M |
0,06 |
|
6.2 |
Supermarkets, department stores, electronic appliances centers, convenience stores |
M |
0,08 |
|
6.3 |
Restaurants, and food and beverage stores |
M |
0,15 |
|
6.4 |
Markets |
N |
0,5 |
|
7 |
Hotels, guest houses, rooms for rent and other accommodation facilities, established under the Law on Tourism, with at least 7 stories or volume of buildings serving accommodation of at least 10.000 m3 |
|
|
|
7.1 |
Hotels, guest houses, rooms for rent and other accommodation facilities, established under the Law on Tourism, equipped with fire sprinkler systems |
M |
0,05 |
|
7.2 |
Hotels, guest houses, rooms for rent and other accommodation facilities, established under the Law on Tourism, which are not equipped with fire sprinkler systems |
M |
0,1 |
|
8 |
Workplaces of enterprises and socio - political organizations with at least 7 stories or total volume of working buildings of at least 10.000 m3 |
M |
0,05 |
|
9 |
Museums, libraries, exhibition centers, galleries, archives, bookstores and trade fair facilities with volume of at least 10.000 m3 |
|
|
|
9.1 |
Museums, libraries, showrooms, archives |
M |
0,075 |
|
9.2 |
Exhibition centers, bookstores and trade fair facilities |
M |
0,12 |
|
10 |
Post offices and radio/television broadcasting and telecommunications facilities with at least 5 stories or volume of at least 10.000 m3; information equipment housing units and data storage and management centers with volume of at least 5.000 m3 |
M |
0,075 |
|
11 |
Stadiums with capacity of at least 40.000 seats; indoor stadiums with capacity of at least 500 seats; sports centers, race tracks and shooting ranges with total volume of all sport buildings of at least 10.000 m3 or at least 5.000 seats; other sports facilities established under the Law on Physical Training and Sports with volume of at least 5.000 m3 |
M |
0,06 |
|
12 |
Airports, air traffic control towers; wharves of seaports; dry ports; classes I and II inland waterway ports; classes 1 and 2 coach stations; class 1 rest stops; rail stations; and aerial passenger tramway terminals with volume of at least 5.000 m3; subway facilities; motor vehicle registration facilities; and automobile, motorcycle and moped trading and maintenance facilities with business space of at least 500 m2 or volume of at least 5.000 m3 |
|
|
|
12.1 |
Wharves of seaports; dry ports; inland waterway ports; coach stations; rest stops; aerial passenger tramway terminals; motor vehicle registration facilities |
M |
0,1 |
|
12.2 |
Rail stations; subway facilities |
N |
0,12 |
|
12.3 |
Airports; air traffic control towers |
M |
0,08 |
|
12.4 |
Automobile, motorcycle and moped trading and maintenance facilities |
N |
0,15 |
|
13 |
Garages capable of accommodating at least 10 automobiles |
N |
0,12 |
|
14 |
Facilities producing, trading, preserving and using industrial explosives and explosive precursors; industrial explosive and explosive precursor storage facilities; industrial explosive and explosive precursor import and export ports; weapon and combat gear storage facilities |
N |
0,5 |
|
15 |
Facilities for extracting, processing, producing, transporting, trading and preserving petroleum, petroleum products and gas on land; petroleum and petroleum product terminals, gas terminals; petroleum, petroleum product and gas import and export ports; filling stations; flammable liquid stations and gas stations with total gas storage of at least 200 kg |
|
|
|
15.1 |
Facilities for extracting, processing, producing, transporting, trading and preserving petroleum, petroleum products and gas on land |
N |
0,35 |
|
15.2 |
Petroleum and petroleum product terminals, gas terminals; petroleum, petroleum product and gas import and export ports; filling stations; flammable liquid stations and gas stations |
N |
0,3 |
|
16 |
Industrial facilities with grade-A or B fire and explosion risk and total volume of all buildings housing the main production lines of at least 5.000 m3; grade-C fire and explosion risk and total volume of all buildings housing the main production lines of at least 10.000 m3; grade-D or E fire and explosion risk and total volume of all buildings housing the main production lines of at least 15.000 m3 |
|
|
|
16.1 |
a) Industrial facilities with grade-A, B or C fire and explosion risk (except garment and textile, wood, footwear and paper production facilities) |
N |
0,2 |
|
|
In which: |
|
|
|
|
Rubber vulcanizing factories |
N |
0,2 |
|
|
Handicraft manufacturing facilities |
N |
0,2 |
|
|
Carving workshops (making brooms, brushes, paintbrushes, except wood processing) |
N |
0,2 |
|
|
Ore smelting factories (except iron ore) |
N |
0,2 |
|
|
Coke smelting factories; coal briquette and lignite briquette manufacturing factories |
N |
0,2 |
|
|
Metal ore mining facilities |
N |
0,2 |
|
|
Fabric scrap processing facilities (classifying, cleaning, combing, trading) |
N |
0,2 |
|
|
Leather product manufacturing factories |
N |
0,2 |
|
|
Rubber band manufacturing workshops |
N |
0,2 |
|
|
Leather manufacturing factories |
N |
0,2 |
|
|
Brush manufacturing facilities |
N |
0,2 |
|
|
Paint manufacturing facilities |
N |
0,2 |
|
|
Factories manufacturing inorganic and organic chemicals used in processing of ingredients and semi-finished products such as fertilizers in the form of granules, pellets or powder, or acid, salt, solvent, synthetic rubber |
N |
0,2 |
|
|
Raincoat, plastic sheet, table linen manufacturing facilities |
N |
0,2 |
|
|
Candle wax and polishing wax manufacturing facilities |
N |
0,2 |
|
|
Moulded plastic and plastic bar manufacturing facilities |
N |
0,2 |
|
|
Stopper manufacturing facilities |
N |
0,2 |
|
|
Soap and cosmetics manufacturing facilities |
N |
0,2 |
|
|
Facilities manufacturing plastic parts for assembly |
N |
0,2 |
|
|
Synthetic polymer and condensed rubber manufacturing facilities |
N |
0,2 |
|
|
Rubber product manufacturing factories |
N |
0,2 |
|
|
Artificial flower manufacturing facilities |
N |
0,2 |
|
|
Printing factories/workshops (excluding paper manufacturing and processing) |
N |
0,2 |
|
|
Printing ink manufacturing factories |
N |
0,2 |
|
|
Bookbinding workshops |
N |
0,2 |
|
|
Factories manufacturing tobacco products and unmanufactured tobacco |
N |
0,2 |
|
|
Mixed fertilizer manufacturing factories |
N |
0,2 |
|
|
Waste incineration plants |
N |
0,2 |
|
|
Paint workshops |
N |
0,2 |
|
|
Facilities manufacturing building materials made of wood, paper or flammable substances (except manufacturing of wooden furniture) |
N |
0,2 |
|
|
Alcohol and other flammable liquid manufacturing facilities (except petroleum and gas) |
N |
0,2 |
|
|
Battery manufacturing factories |
N |
0,2 |
|
|
Painting, backdrop, and advertisement panel manufacturing facilities |
N |
0,2 |
|
|
Funeral/cremation organization centers |
N |
0,2 |
|
|
Sandpaper manufacturing facilities |
N |
0,2 |
|
|
Shipbuilding and repair yards |
N |
0,2 |
|
|
Aircraft maintenance and repair factories |
N |
0,2 |
|
16.1 |
b) Garment and textile manufacturing facilities |
N |
0,25 |
|
|
In which: |
|
|
|
|
Workshops manufacturing rope and cordage, except sewing thread (if coated with plastic or asphalt) |
N |
0,25 |
|
|
Workshops manufacturing rope and cordage, except sewing thread (if not coated with plastic or asphalt) |
N |
0,25 |
|
|
Knitting workshops |
N |
0,25 |
|
|
Animal fur processing and sewing factories |
N |
0,25 |
|
|
Fabric dyeing and printing facilities |
N |
0,25 |
|
|
Textile factories processing different fibre types (including cotton, viscose, linen, hemp and jute) |
N |
0,25 |
|
|
Textile spinning workshops |
N |
0,25 |
|
|
Carpet and floor covering manufacturing factories |
N |
0,25 |
|
|
Sewing thread manufacturing factories |
N |
0,25 |
|
|
Washing, ironing, bleaching, steaming, dyeing workshops |
N |
0,25 |
|
|
Underwear and lace panty sewing factories |
N |
0,25 |
|
|
Garment factories |
N |
0,25 |
|
|
Facilities manufacturing other unclassified textile products |
N |
0,25 |
|
|
Silk manufacturing factories |
N |
0,25 |
|
|
Silk, wool, and synthetic fiber factories |
N |
0,25 |
|
|
Feather manufacturing facilities |
N |
0,25 |
|
16.1 |
c) Wood manufacturing facilities |
N |
0,5 |
|
|
In which: |
|
|
|
|
Wood charcoal manufacturing factories |
N |
0,5 |
|
|
Wood pencil manufacturing factories/workshops |
N |
0,5 |
|
|
Facilities manufacturing baskets and products made of rattan, bamboo, tropical bamboo |
N |
0,5 |
|
|
Match, incense, joss paper manufacturing factories |
N |
0,5 |
|
|
Wooden product manufacturing and processing factories/workshops |
N |
0,5 |
|
16.1 |
d) Footwear manufacturing facilities |
N |
0,35 |
|
16.1 |
dd) Workshops manufacturing paper and processing paper, cardboard and industrial packaging materials |
N |
0,35 |
|
16.2 |
Industrial facilities with grade-D or E fire and explosion risk |
M |
0,15 |
|
|
In which: |
|
|
|
|
Iron, steel manufacturing factories |
M |
0,15 |
|
|
Other ore processing and manufacturing factories |
M |
0,15 |
|
|
Facilities processing gravels, chippings, coal slag and plastic mixtures with asphalt or bitumen |
M |
0,15 |
|
|
Mineral manufacturing facilities (sawing, grinding, polishing) |
M |
0,15 |
|
|
Facilities manufacturing and processing hollow glass products, bottles, optical instruments, door glass, glass panels |
M |
0,15 |
|
|
Film studios, film processing facilities |
M |
0,15 |
|
|
Filming material manufacturing facilities |
M |
0,15 |
|
|
Rice, wheat, and agricultural product polishing and husking factories/workshops |
M |
0,15 |
|
|
cattle feed and other feed manufacturing and processing factories |
M |
0,15 |
|
|
Instant noodle and instant congee manufacturing factories |
M |
0,15 |
|
|
Sugar factories |
M |
0,15 |
|
|
Confectionery manufacturing factories |
M |
0,15 |
|
|
Cooking oil manufacturing factories |
M |
0,15 |
|
|
Fish sauce and vinegar manufacturing factories |
M |
0,15 |
|
|
Factories manufacturing canned foods, processing aquatic products, meat and dairy products |
M |
0,15 |
|
|
Malt manufacturing workshops |
M |
0,15 |
|
|
Spirit, beer, juice, mineral water, and drinking water manufacturing facilities; beer breweries |
M |
0,15 |
|
|
Welding and cutting factories |
M |
0,15 |
|
|
Facilities manufacturing common and luxury ceramic products such as floor tiles, porcelain products, terracotta products, ceramic products, etc. |
M |
0,15 |
|
|
Casting furnaces |
M |
0,15 |
|
|
Cement factories |
M |
0,15 |
|
|
Electrical equipment manufacturing facilities |
M |
0,15 |
|
|
Factories manufacturing prefabricated metal structures and components |
M |
0,15 |
|
|
Metal can manufacturing factories |
M |
0,15 |
|
|
Factories manufacturing nuts and bolts, and processing other metals |
M |
0,15 |
|
|
Water treatment plants |
M |
0,15 |
|
|
Solid waste treatment plants (without application of incineration technologies) |
M |
0,15 |
|
|
Water purifier manufacturing factories |
M |
0,15 |
|
|
Clock manufacturing factories |
M |
0,15 |
|
|
Solar panel manufacturing factories |
M |
0,15 |
|
|
Mechanical equipment manufacturing factories |
M |
0,15 |
|
|
Factories manufacturing spare parts of automobiles, bicycles, motorbikes and other parts |
M |
0,15 |
|
|
Factories manufacturing and assembling automobiles, motorbikes, electric vehicles, etc. of various types |
M |
0,15 |
|
|
Gold, silver and jewelry manufacturing and processing factories |
M |
0,15 |
|
|
Factories manufacturing and assembling electronic components (printing machines, cameras, computers, household articles, etc.), telecommunications equipment, semi-conductors |
M |
0,15 |
|
|
Optical cable and copper cable manufacturing factories |
M |
0,15 |
|
|
Aircraft part manufacturing factories |
M |
0,15 |
|
|
Rolling bearing and washer manufacturing factories |
M |
0,15 |
|
|
Metal zipper manufacturing factories |
M |
0,15 |
|
|
Pharmaceutical factories |
M |
0,15 |
|
17 |
Power plants; electrical substations with voltage of at least 110 kv |
|
|
|
17.1 |
Thermoelectric power plants |
N |
0,15 |
|
17.2 |
Hydroelectricity power plants; nuclear power plants, geothermal power plants, tidal power plants, waste-to-electricity plants, biomass power plants, biogas power plants, cogeneration plants, and other power plants |
N |
0,12 |
|
17.3 |
Floating wind turbines and solar power plants |
N |
0,5 |
|
17.4 |
Electrical substations with voltage of at least 110 kv |
N |
0,2 |
|
18 |
Tunnels with production, storage and use of flammable materials and explosives and total volume of at least 5.000 m3; storage facilities of flammable goods/materials or non-flammable goods/materials contained in flammable packaging with total volume of at least 5.000 m3 |
|
|
|
18.1 |
Tunnels with production, storage and use of flammable materials and explosives |
N |
0,5 |
|
18.2 |
a) Storage facilities of flammable goods/materials (except cotton, fabric, fibre, wool, textile product storage facilities) (Standalone storage facilities which are not located in the same premises with manufacturing factories/facilities) |
N |
0,2 |
|
|
In which: |
|
|
|
|
General warehousing facilities, storage yards |
N |
0,2 |
|
|
Asphalt storage facilities |
N |
0,2 |
|
|
Paint storage facilities |
N |
0,2 |
|
|
Chemical storage facilities |
N |
0,2 |
|
|
Plastic and rubber finished and semi-finished product storage facilities |
N |
0,2 |
|
|
Alcoholic beverage and flammable liquid storage facilities |
N |
0,2 |
|
|
Paper, cardboard and packaging storage facilities |
N |
0,2 |
|
|
Wooden product and article storage facilities |
N |
0,2 |
|
|
Essential oil, flavoring and cooking oil storage facilities |
N |
0,2 |
|
|
Storage facilities of tobacco industry |
N |
0,2 |
|
|
Pharmaceutical storage facilities |
N |
0,2 |
|
|
Photographic material storage facilities |
N |
0,2 |
|
|
Electrical and electronic equipment storage facilities |
N |
0,2 |
|
|
Agricultural product storage facilities |
N |
0,2 |
|
|
Cold storage facilities |
N |
0,2 |
|
|
Building material storage facilities |
N |
0,2 |
|
18.2 |
b) Cotton, fabric, fibre, wool, textile product storage facilities (Standalone storage facilities which are not located in the same premises with manufacturing factories/facilities) |
N |
0,25 |
|
18.3 |
Storage facilities of non-flammable goods/materials contained in flammable packaging (standalone storage facilities which are not located in the same premises with manufacturing factories/facilities |
M |
0,1 |
|
|
In which: |
|
|
|
|
Brick, ceramic, porcelain, cement and plaster storage facilities |
M |
0,1 |
|
|
Metal and mechanical spare part storage facilities |
M |
0,1 |
|
|
Lubricating oil and grease storage facilities |
M |
0,1 |
|
|
Mineral water and drinks storage facilities |
M |
0,1 |
In case of insurance periods other than 01-year period, the insurance premium shall be calculated on the basis of the insurance premiums in the above table and the corresponding insurance period. To be specific:
|
Premium payable |
= |
Annual insurance premium for the corresponding listed insured facility |
x |
Insurance
period |
|
365 (days) |
Notes:
M, N are symbols of types of insurance deductibles specified in Clause 1 Section II of this Annex.
Regarding industrial facilities with grade-A, B, C, D or E fire and explosion risk (group 16): In case the grade of fire and explosion risk of an industrial facility specified in the record of inspection of fire safety commissioning results or other record of inspection of fulfillment of fire safety requirements does not match any grade in the group 16 mentioned above, the record of inspection of fire safety commissioning results or other record of inspection of fulfillment of fire safety requirements shall prevail.
2. If the total sum insured for property existing in a single insured facility (except nuclear facilities) is VND 1.000 billion or higher, the provisions of Clause 2 Article 26 of this Decree shall apply.
3. Regarding nuclear facilities: the provisions of Clause 3 Article 26 of this Decree shall apply.
II. DEDUCTIBLES
1. In case the total sum insured for property existing in a single insured facility (except nuclear facilities) is less than VND 1.000 billion:
a) If the insured facility is facing type-M fire and explosion risk as prescribed in Clause 1 Section I of this Annex, the deductible shall not exceed 1% of the insurance premium but not be lower than the deductible prescribed in Point c of this Clause.
b) If the insured facility is facing type-N fire and explosion risk as prescribed in Clause 1 Section I of this Annex, the deductible shall not exceed 10% of the insurance premium but not be lower than the deductible prescribed in Point c of this Clause.
c) In any case, the deductible specified in Point a and Point b of this Clause shall not be lower than the following values:
Unit: VND million
|
Sum insured |
Deductible |
|
Not exceeding 2.000 Above 2.000 to 10.000 Above 10.000 to 50.000 Above 50.000 to 100.000 Above 100.000 to 200.000 Above 200.000 |
4 10 20 40 60 100 |
2. In case the total sum insured for property existing in a single insured facility (except nuclear facilities) is VND 1.000 billion or higher: the provisions of Clause 2 Article 26 of this Decree shall apply.
3. Regarding nuclear facilities: the provisions of Clause 3 Article 26 of this Decree shall apply.
ANNEX III
PREMIUMS
AND DEDUCTIBLES IN COMPULSORY INSURANCE FOR WORKS IN PROGRESS
(Enclosed with the Government’s Decree No. 67/2023/ND-CP dated September 06,
2023)
I. REGARDING CONSTRUCTION WORKS FOR WHICH INSURANCE POLICY DOES NOT COVER INSTALLATION TASKS OR COVERS INSTALLATION TASKS WHOSE COST IS LESS THAN 50% OF TOTAL VALUE OF ALL WORK ITEMS OF THE INSURED CONSTRUCTION WORK
1. For a construction work worth less than VND 1.000 billion
a) Insurance premiums (exclusive OF VAT):
|
No. |
Type of construction works |
Premium (‰ of value of construction work) |
Deductible
|
|
1 |
CIVIL CONSTRUCTION WORKS |
|
|
|
1.1 |
Housing |
|
|
|
|
Apartment buildings and other tenements of grade III or higher |
|
|
|
1.1.1 |
Without basement |
0,8 |
M |
|
1.1.2 |
With 1 - 2 basements |
1,2 |
M |
|
1.1.3 |
With more than 2 basements |
1,5 |
M |
|
1.2 |
Public works |
|
|
|
1.2.1 |
Education, training and research works of grade III or higher |
|
|
|
1.2.1.1 |
Without basement |
0,8 |
M |
|
1.2.1.2 |
With 1 - 2 basements |
1,2 |
M |
|
1.2.1.3 |
With more than 2 basements |
1,5 |
M |
|
1.2.2 |
Health works of grade III or higher |
|
|
|
1.2.2.1 |
Without basement |
0,8 |
M |
|
1.2.2.2 |
With 1 - 2 basements |
1,2 |
M |
|
1.2.2.3 |
With more than 2 basements |
1,5 |
M |
|
1.2.3 |
Sports works of grade III or higher: stadiums; sports venues; swimming pools; sports courts with stands |
|
|
|
1.2.3.1 |
Outdoor sports works |
1,5 |
M |
|
1.2.3.2 |
Indoor sports works |
1,4 |
M |
|
1.2.3.3 |
Other sports works |
1,2 |
M |
|
1.2.4 |
Cultural works of grade III or higher: Convention centers, theaters, cultural houses, clubs, cinemas, circuses, night clubs; monumental works; museums, libraries, exhibitions; galleries; outdoor monuments; entertainment works; cultural works with a large concentration of people and other works with equivalent functions |
|
|
|
1.2.4.1 |
Without basement |
0,8 |
M |
|
1.2.4.2 |
With 1 - 2 basements |
1,2 |
M |
|
1.2.4.3 |
With more than 2 basements |
1,5 |
M |
|
1.2.5 |
Commercial works: Shopping malls, supermarkets of grade III or higher; restaurants, food and beverage stores, and similar establishments of grade II or higher |
|
|
|
1.2.5.1 |
Without basement |
1,1 |
M |
|
1.2.5.2 |
With 1 - 2 basements |
1,4 |
M |
|
1.2.5.3 |
With more than 2 basements |
1,7 |
M |
|
1.2.6 |
Service works of grade III or higher: Hotels, guest houses, motels; resorts; villas; apartments and similar facilities; post offices, other postal and telecommunications service providers |
|
|
|
1.2.6.1 |
Without basement |
1,1 |
M |
|
1.2.6.2 |
With 1 - 2 basements |
1,4 |
M |
|
1.2.6.3 |
With more than 2 basements |
1,7 |
M |
|
1.2.7 |
Headquarters and office buildings of grade III or higher: Buildings used as headquarters and offices |
|
|
|
1.2.7.1 |
Without basement |
1,1 |
M |
|
1.2.7.2 |
With 1 - 2 basements |
1,4 |
M |
|
1.2.7.3 |
With more than 2 basements |
1,7 |
M |
|
1.2.8 |
Multi-purpose or multi-function buildings of grade III or higher: buildings and other structures with multiple functions or serving multiple purposes |
|
|
|
1.2.8.1 |
Without basement |
1,1 |
M |
|
1.2.8.2 |
With 1 - 2 basements |
1,4 |
M |
|
1.2.8.3 |
With more than 2 basements |
1,7 |
M |
|
1.2.9 |
Other civil service works of grade II or higher: Buildings or other structures built for people’s welfare) |
|
M |
|
1.2.9.1 |
Without basement |
0,8 |
M |
|
1.2.9.2 |
With 1 - 2 basements |
1,2 |
M |
|
1.2.9.3 |
With more than 2 basements |
1,5 |
M |
|
2 |
INDUSTRIAL WORKS |
|
|
|
2.1 |
Works for production of building materials and products of grade III or higher |
|
|
|
2.1.1 |
Cement plants; clinker plants with a capacity of at least 100.000 tonne of clinker/year; brick, roofing tile, fibro-cement sheet production plants with a capacity of at least 100 million standard bricks or roofing tiles/year or at least 500.000 m2 fibro-cement sheets/year; facilities manufacturing floor and wall tiles of various types with a capacity of at least 500.000 m2/year; other building material production plants with a capacity of at least 50.000 tonne of products/year; facilities manufacturing asphalt concrete, ready-mixed concrete and others with a capacity of at least 100 tonne of products/day |
2,6 |
M |
|
2.1.2 |
Building material mines of grade III or higher |
2,6 |
M |
|
2.1.3 |
Other works for production of building materials of grade III or higher |
2,4 |
M |
|
2.2 |
Metallurgical and mechanical manufacturing works of grade III or higher |
|
|
|
2.2.1 |
Metal rolling and drawing facilities with a capacity of at least 2.000 tonne of products/year |
1,9 |
M |
|
2.2.2 |
Metallurgical factories that use scraps as materials or with a capacity of at least 1.000 tonne of products/year (if other materials are used) |
2,1 |
M |
|
2.2.3 |
Container and trailer manufacturing and repair facilities with a production capacity of at least 500 containers or trailers/year or a repair capacity of at least 2.500 containers or trailers/year |
2,1 |
M |
|
2.2.4 |
Facilities building, repairing or assembling locomotives and railway cars; manufacturing, repairing or assembling motorbikes and automobiles with a capacity of at least 5.000 motorbikes/year or at least 500 automobiles/year |
1,9 |
M |
|
2.2.5 |
Facilities building and repairing ships with a deadweight tonnage of at least 1.000 DWT |
2,1 |
N |
|
2.2.6 |
Machinery, equipment and tool manufacturing facilities with a capacity of at least 1.000 tonne of products/year |
1,9 |
M |
|
2.2.7 |
Metal plating, coating and polishing facilities with a capacity of at least 500 tonne of products/year |
1,9 |
M |
|
2.2.8 |
Aluminum and shaped steel manufacturing facilities with a capacity of at least 2.000 tonne of products/year |
2,3 |
N |
|
2.2.9 |
Other metallurgical and mechanical manufacturing factories of grade III or higher |
2,3 |
N |
|
2.3 |
Mining and mineral processing works of grade III or higher |
|
|
|
2.3.1 |
Solid mineral mining works (without use of toxic chemicals and industrial explosives) with a mining volume of at least 50.000 m³ of crude minerals and waste soil and rock or at least 1.000.000 m³ of monolithic minerals and waste soil and rock |
2,3 |
N |
|
2.3.2 |
Sand and gravel mining works with a scale of at least 50.000 m³ of crude materials/year; leveling material mining works with a scale of at least 100.000 m³ of crude materials/year |
2,3 |
N |
|
2.3.3 |
Solid mineral processing works without use of toxic chemicals with a capacity of at least 50.000 m³ products/year or a total volume of waste soil and rock of at least 500.000 m³ /year |
2,3 |
N |
|
2.3.4 |
Works for extraction of water used in production, trading, service provision and daily life with an extraction capacity of at least 3.000 m³ of water/24 hours (for underground water) or at least 50.000 ³ of water/24 hours (for surface water) |
2,5 |
N |
|
2.3.5 |
Works for extraction of natural mineral water, natural hot water (underground or surface water) with an extraction capacity of at least 200 m³ of water/24 hours (for water used for production of bottled water) or at least 500 m³ of water/24 hours (for water used for other purposes) |
2,5 |
N |
|
2.3.6 |
Other mining and mineral processing works of grade III or higher |
4,0 |
N |
|
2.4 |
Oil and gas works of grade III or higher |
|
|
|
2.4.1 |
Oil refineries, gas processing factories of grade III or higher; refinery and petrochemical factories (except LPG extraction and filling projects, lubricating oil preparation projects), factories manufacturing petrochemical products, drilling fluids and petrochemicals with a capacity of at least 500 tonne of products/year; oil and gas pipelines with a length of at least 20 km; oil and gas pipeline construction works; oil and gas transshipment hubs |
5,0 |
M |
|
2.4.2 |
Oil terminals, filling stations with a storage capacity of at least 200 m³ |
3,0 |
M |
|
2.5 |
Energy works of grade III or higher |
|
|
|
2.5.1 |
Thermoelectric power plants of grade III or higher |
3,0 |
N |
|
2.5.2 |
Wind power plants (wind farms) of grade III or higher, or with an area of at least 100 ha |
3,0 |
N |
|
2.5.3 |
Solar power plants (solar farms) of grade III or higher, or with an area of at least 100 ha |
2,6 |
N |
|
2.5.4 |
Hydroelectricity power plants of grade III or higher or with a reservoir storage capacity of at least 100.000 m³ of water or with a capacity of at least 10 MW |
7,5 |
M |
|
2.5.5 |
Power transmission lines with a voltage of at least 110 kV; power stations with a capacity of 500 kV |
2,5 |
M |
|
2.5.6 |
Factories manufacturing and processing electronic equipment, electrical and electronic components with a capacity of at least 500.000 of products/year; Factories manufacturing and processing electrical equipment with a capacity of at least 500 tonne of products/year |
1,5 |
M |
|
2.5.7 |
Other energy works of grade III or higher |
2,0 |
M |
|
2.6 |
Chemical works of grade III or higher |
|
|
|
2.6.1 |
Fertilizer and plant protection chemical manufacturing works |
|
|
|
2.6.1.1 |
Chemical fertilizer manufacturing plants with a capacity of at least 1.000 tonne of products/year |
1,5 |
M |
|
2.6.1.2 |
Storage facilities with a capacity of at least 500 tonne of plant protection chemicals or at least 5.000 tonne of fertilizers |
1,5 |
M |
|
2.6.1.3 |
Plant protection chemical manufacturing facilities |
1,2 |
N |
|
2.6.1.4 |
Plant protection chemical filling and packaging facilities with a capacity of at least 300 tonne of products/year |
1,2 |
N |
|
2.6.1.5 |
Organic fertilizer and biofertilizer manufacturing facilities with a capacity of at least 10.000 tonne of products/year |
1,2 |
N |
|
2.6.2 |
Chemical, pharmaceutical, cosmetic, plastics and synthetic polymer works |
|
|
|
2.6.2.1 |
Pharmaceutical factories; factories manufacturing veterinary drugs and materials thereof (including materials which are pharmaceutical chemicals and excipients) with a capacity of at least 50 tonne of products/year |
2,0 |
N |
|
2.6.2.2 |
Cosmetics manufacturing factories with a capacity of at least 50 tonne of products/year |
2,0 |
N |
|
2.6.2.3 |
Chemical, synthetic polymer, synthetic polymer products and paint manufacturing factories with a capacity of at least 100 tonne of products/year |
2,0 |
N |
|
2.6.2.4 |
Plastic product and plastic granule manufacturing factories with a capacity of at least 1.000 tonne of products/year |
2,0 |
N |
|
2.6.2.5 |
Detergent and additive manufacturing factories with a capacity of at least 1.000 tonne of products/year |
2,0 |
N |
|
2.6.2.6 |
Factories manufacturing propellants, explosives and pyrotechnic ignition devices |
3,0 |
N |
|
2.6.2.7 |
Industrial explosive manufacturing factories; fixed explosive magazines with a capacity of at least 5 tonne; chemical storage facilities with a capacity of at least 500 tonne |
3,0 |
N |
|
2.6.2.8 |
Sea salt farming areas with an area of at least 100 ha |
1,5 |
N |
|
2.6.3 |
Other chemical works of grade III or higher |
2,0 |
N |
|
2.7 |
Light industry works of grade III or higher |
|
|
|
2.7.1 |
Food manufacturing and processing works |
|
|
|
2.7.1.1 |
Food and foodstuff preparation and processing factories with a capacity of at least 500 tonne of products/year |
1,8 |
M |
|
2.7.1.2 |
Concentrated livestock and poultry slaughterhouses with a capacity of at least 200 head of livestock/day or at least 3.000 head of poultry/day |
1,8 |
M |
|
2.7.1.3 |
Fishery, fish meal and fishery byproduct processing factories with a capacity of at least 100 tonne of products/year |
1,8 |
M |
|
2.7.1.4 |
Sugar manufacturing factories with a capacity of at least 10.000 tonne of sugar/year |
1,8 |
M |
|
2.7.1.5 |
Alcohol and spirit manufacturing factories with a capacity of at least 500.000 liters of products/year |
1,8 |
M |
|
2.7.1.6 |
Beer and soft drink manufacturing factories with a capacity of at least 10.000.000 liters of products/year |
1,8 |
M |
|
2.7.1.7 |
Monosodium glutamate manufacturing factories with a capacity of at least 5.000 tonne of products/year |
1,8 |
M |
|
2.7.1.8 |
Diary plants with a capacity of at least 10.000 tonne of products/year |
1,8 |
M |
|
2.7.1.9 |
Cooking oil manufacturing and processing plants with a capacity of at least 10.000 tonne of products/year |
1,8 |
M |
|
2.7.1.10 |
Confectionery plants with a capacity of at least 5.000 tonne of products/year |
1,8 |
M |
|
2.7.1.11 |
Bottled filtered or purified water manufacturing plants with a capacity of at least 2.000 m³ of water/year |
1,8 |
M |
|
2.7.2 |
Agricultural product processing works |
|
|
|
2.7.2.1 |
Cigarette manufacturing plants, unmanufactured tobacco processing plants with a capacity of at least 100.000.000 cigarettes/year or at least 1.000 tonne of unmanufactured tobacco/year |
1,5 |
M |
|
2.7.2.2 |
Factories manufacturing and processing agricultural products and starches of various kinds with a capacity of at least 10.000 tonne of products/year (if dry processing technology is employed) or at least 1.000 tonne of products/year (if wet processing technology is employed) |
1,5 |
M |
|
2.7.2.3 |
Tea, cashew nut, cocoa, coffee and pepper processing factories with a capacity of at least 5.000 tonne of products/year (if dry processing technology is employed) or at least 1.000 tonne of products/year (if wet processing technology is employed) |
1,5 |
M |
|
2.7.3 |
Wood processing, glass, ceramic and porcelain manufacturing works |
|
|
|
2.7.3.1 |
Wood and natural wood particle processing plants with a capacity of at least 3.000 m³ of products/year |
2,0 |
M |
|
2.7.3.2 |
Plywood manufacturing factories with a capacity of at least 100.000 m2/year |
2,0 |
M |
|
2.7.3.3 |
Wooden product manufacturing factories with total area of warehouse, yard or factory of at least 10.000 m2 |
2,0 |
M |
|
2.7.3.4 |
Light and thermos manufacturing factories with a capacity of at least 1.000.000 tonne of products/year |
1,5 |
M |
|
2.7.3.5 |
Ceramic or glass plants with a capacity of at least 1.000 or 10.000 tonne of products/year |
1,2 |
M |
|
2.7.4 |
Paper and office stationery manufacturing works |
|
|
|
2.7.4.1 |
Factories manufacturing paper pulp and paper from raw materials with a capacity of at least 300 tonne of products/year |
2,0 |
M |
|
2.7.4.2 |
Factories manufacturing paper and cardboard from paper pulp or waste with a capacity of at least 5.000 tonne of products/year |
2,0 |
M |
|
2.7.4.3 |
Office stationery manufacturing factories with a capacity of at least 1.000 tonne of products/year |
2,0 |
M |
|
2.7.5 |
Dyeing, textile and garment works |
|
|
|
2.7.5.1 |
Dyeing factories, textile and dyeing factories |
1,5 |
M |
|
2.7.5.2 |
Textile (without dyeing) factories with a capacity of at least 10.000.000 m2 of fabric/year |
1,2 |
M |
|
2.7.5.3 |
Textile and garment manufacturing and processing factories with a capacity of at least 50.000 of products/year (if manufacturing/processing includes washing and bleaching stages) or at least 2.000.000 of products/year (if manufacturing/processing excludes washing and bleaching stages) |
1,2 |
M |
|
2.7.5.4 |
Industrial laundries with a capacity of at least 50.000 of products/year |
1,2 |
M |
|
2.7.5.5 |
Silk yarn, cotton yarn and man-made fibre manufacturing factories with a capacity of at least 1.000 tonne of products/year |
1,2 |
M |
|
2.7.6 |
Animal husbandry facilities and animal/aquaculture feed processing facilities |
|
|
|
2.7.6.1 |
Animal feed processing facilities with a capacity of at least 1.000 tonne of products/year |
1,0 |
M |
|
2.7.6.2 |
Aquaculture facilities with water surface area of at least 10 ha or at least 50 ha (for extensive aquaculture projects) |
4,0 |
M |
|
2.7.6.3 |
Livestock and poultry breeding facilities with a scale of at least 1.000 m2; concentrated wildlife farming and nurturing facilities with a scale of at least 500 m2 |
1,0 |
M |
|
2.7.7 |
Other light industry works |
|
|
|
2.7.7.1 |
Rubber and rubber latex processing facilities with a capacity of at least 1.000 tonne of products/year |
1,5 |
M |
|
2.7.7.2 |
Facilities manufacturing medical devices made of medical plastics and rubber with a capacity of at least 100.000 products/year |
1,5 |
M |
|
2.7.7.3 |
Footwear manufacturing facilities with a capacity of at least 1.000.000 pairs/year |
1,5 |
M |
|
2.7.7.4 |
Facilities manufacturing rubber tyres and tubes of various types with a capacity of at least 50.000 products/year (for rubber tyres and tubes for automobiles and tractors), or at least 100.000 products/year (for rubber tyres and tubes for bicycles and motorbikes) |
1,8 |
M |
|
2.7.7.5 |
Projects for construction of printing ink and other printing material manufacturing facilities with a capacity of at least 500 tonne of printing ink/year and at least 1.000 products/year (for other printing materials) |
1,8 |
M |
|
2.7.7.6 |
Battery manufacturing facilities with a capacity of at least 50.000 KWh/year or at least 100 tonne of products/year |
2,5 |
M |
|
2.7.7.7 |
Tanning facilities |
1,8 |
M |
|
2.7.7.8 |
CO2 gas and industrial gas production, cylinder filling and liquefaction facilities with a capacity of at least 3.000 tonne of products/year |
2,5 |
M |
|
2.7.7.9 |
Shipbreaking facilities; vessel washing and cleaning facilities |
3,0 |
M |
|
3 |
TECHNICAL INFRASTRUCTURE WORKS |
|
|
|
3.1 |
Water supply works of grade II or higher |
|
|
|
3.1.1 |
Water factories; clean water treatment works |
3,0 |
N |
|
3.1.2 |
Raw or clean water pump stations or water booster pump stations (including pump station and reservoir on which the pump station is located) |
2,0 |
N |
|
3.2 |
Water drainage works of grade II or higher |
|
|
|
3.2.1 |
Detention basins |
5,0 |
N |
|
3.2.2 |
Rainwater pump stations (including pump station and reservoir on which the pump station is located) |
3,0 |
N |
|
3.2.3 |
Wastewater treatment works |
3,0 |
N |
|
3.2.4 |
Wastewater pump stations (including pump station and reservoir on which the pump station is located) |
3,0 |
N |
|
3.2.5 |
Sludge treatment works |
4,0 |
N |
|
3.2.6 |
Works for construction or improvement of water drainage systems for urban areas or residential areas with a length of at least 10 km |
2,5 |
N |
|
3.3 |
Solid waste treatment works of grade II or higher |
|
|
|
3.3.1 |
Ordinary solid waste treatment facilities |
2,5 |
N |
|
3.3.2 |
Hazardous solid waste recycling and treatment facilities with a capacity of at least 10 tonne/day |
2,5 |
N |
|
3.4 |
Passive telecom infrastructure works of grade III or higher: Telecom buildings/stations, antenna masts, cable posts |
2,5 |
N |
|
3.5 |
Funeral parlours; crematoria of grade II or higher |
1,0 |
N |
|
3.6 |
Parking lots (underground and above-ground), technical sewers, tanks, trenches and tunnels of grade II or higher |
|
|
|
3.5.1 |
Underground parking lots |
4,5 |
N |
|
3.5.2 |
Above-ground parking lots |
1,2 |
N |
|
3.5.3 |
Technical sewers, tanks, trenches and tunnels |
1,5 |
N |
|
4 |
TRAFFIC WORKS |
|
|
|
4.1 |
Road |
|
|
|
4.1.1 |
Expressways of all grades |
4,0 |
N |
|
4.1.2 |
Highways, urban roads of grade III or higher |
2,5 |
N |
|
4.1.3 |
Ferry berths of grade III or higher |
5,0 |
N |
|
4.1.4 |
Bus stations; road vehicle registration facilities; toll booths; rest stops of grade III or higher |
2,0 |
N |
|
4.2 |
Railway |
|
|
|
4.2.1 |
Railways of all grades, including: Mass transit railway, high-speed railway, urban railway (elevated railway); national railway; specialized railway and local railway |
4,0 |
N |
|
4.2.2 |
Passenger terminals of grade III or higher |
2,0 |
N |
|
4.3 |
Bridges of grade III or higher |
|
|
|
4.3.1 |
Highway bridges |
6,0 (for each grade increased, plus 0,1‰ of insurance premium) |
N |
|
4.3.2 |
Footbridges |
2,0 (for each grade increased, plus 0,1‰ of insurance premium) |
N |
|
4.3.3 |
Railway bridges |
6,0 (for each grade increased, plus 0,1‰ of insurance premium) |
N |
|
4.3.4 |
Floating bridges |
6,0 (for each grade increased, plus 0,1‰ of insurance premium) |
N |
|
4.4 |
Tunnels |
|
|
|
4.4.1 |
Tunnels of grade III or higher, including: Highway tunnels, railway tunnels, pedestrian underpasses |
11,0 |
N |
|
4.4.2 |
Metro tunnels of all grades |
11,0 |
N |
|
4.5 |
Inland waterway works of grade II or higher |
|
|
|
4.5.1 |
Inland waterway ports and landing stages (for passengers) |
7,0 |
N |
|
4.5.2 |
Waterways with breadth (B) and height (H) of design water level (including buoys and river training works) |
8,0 |
N |
|
4.6 |
Maritime works |
|
|
|
4.6.1 |
Sea ports/wharves, ferry berths (for passengers) of grade III or higher |
10,0 |
N |
|
4.6.2 |
Other maritime works of grade II or higher |
10,0 |
N |
|
4.7 |
Aviation works |
|
|
|
4.7.1 |
Airport terminals; airfields (including air navigation works) |
3,0 |
N |
|
4.8 |
Aerial tramway lines and stations |
|
|
|
4.8.1 |
For transport of people of all grades |
5,0 |
N |
|
4.8.2 |
For transport of goods of grade II or higher |
4,0 |
N |
|
5 |
AGRICULTURE AND RURAL DEVELOPMENT WORKS |
|
|
|
5.1 |
Hydraulic structures |
|
|
|
5.1.1 |
Water supply works of grade II or higher |
5,0 |
N |
|
5.1.2 |
Reservoirs of grade III or higher |
8,0 |
N |
|
5.1.3 |
Dams and other pressure-resistant hydraulic structures of grade III or higher |
10,0 |
N |
|
5.2 |
Flood control system works of all grades |
10,0 |
N |
Notes:
M, N are symbols of types of insurance deductibles specified in Point b Clause 1 Section I of this Annex.
b) Deductibles:
Deductibles for works in progress shall be determined according to the following table or equal 5% of the loss, whichever is greater:
Unit: VND million
|
Insurable value |
“M”-type deductible |
“N”-type deductible |
||
|
For disaster risk |
For other risk |
For disaster risk |
For other risk |
|
|
Up to 10.000 20.000 100.000 600.000 700.000 1.000.000 |
100 150 200 300 500 700 |
20 30 60 80 100 200 |
150 200 300 500 700 1.000 |
40 40 80 150 200 400 |
2. For a construction work worth VND 1.000 billion or higher as prescribed in Clause 1 Section I of this Annex: the provisions of Point c Clause 1 Article 37 of this Decree shall apply.
3. For construction works which are not specified in Clause 1 and Clause 2 Section I of this Annex: the provisions of Point d Clause 1 Article 37 of this Decree shall apply.
II. REGARDING CONSTRUCTION WORKS FOR WHICH INSURANCE POLICY ALSO COVERS INSTALLATION TASKS WHOSE COST IS AT LEAST 50% OF TOTAL VALUE OF ALL WORK ITEMS OF THE INSURED CONSTRUCTION WORK
1. For a construction work worth less than VND 1.000 billion
a) Insurance premiums (exclusive of VAT):
|
Code |
Work items, equipment installed |
Insurance
premium |
Deductible
|
|
1 |
CIVIL CONSTRUCTION WORKS |
|
|
|
|
- Housing: Apartment buildings and other tenements of grade III or higher; - Public works: + Education, training and research works of grade III or higher; + Health works of grade III or higher; + Sports works, including: stadiums; sports venues; swimming pools; sports courts with stands of grade III or higher; + Cultural works: convention centers, theaters, cultural houses, clubs, cinemas, circuses, night clubs; monumental works; museums, libraries, exhibitions; galleries; outdoor monuments; entertainment works; cultural works with a large concentration of people and other works with equivalent functions of grade III or higher; + Commercial works: Shopping malls, supermarkets of grade III or higher; restaurants, food and beverage stores, and similar establishments of grade II or higher; + Service works: Hotels, guest houses, motels; resorts; villas; apartments and similar facilities; post offices, other postal and telecommunications service providers of grade III or higher; + Headquarters and office buildings: Buildings used as headquarters and offices of grade III or higher; + Multi-purpose or multi-function buildings: buildings and other structures with multiple functions or serving multiple purposes of grade III or higher; + Other civil service works: Buildings or other structures built for people’s welfare of grade II or higher |
|
|
|
1.1 |
Installations in general |
1,9 |
M |
|
1.2 |
Heating equipment |
1,7 |
M |
|
1.3 |
Air-conditioning equipment |
2,0 |
M |
|
1.4 |
Lifts and escalators |
1,9 |
M |
|
1.5 |
Kitchen equipment |
2,3 |
M |
|
1.6 |
Medical devices |
2,0 |
M |
|
1.7 |
Disinfection equipment |
2,0 |
M |
|
1.8 |
Cooling equipment |
1,7 |
M |
|
1.9 |
Lighting equipment |
1,7 |
M |
|
1.10 |
Cinemas, television studios, film studios |
1,9 |
M |
|
1.11 |
Aerial tramways |
4,0 |
N |
|
2 |
INDUSTRIAL WORKS |
|
|
|
2.1 |
Works for production of building materials and products of grade III or higher |
|
|
|
2.1.1 |
Building materials in general |
2,3 |
N |
|
2.1.2 |
Cement factories |
2,6 |
N |
|
2.1.3 |
Concrete factories |
2,3 |
N |
|
2.1.4 |
Brick factories |
2,6 |
N |
|
2.1.5 |
Clinker factories |
2,4 |
N |
|
2.1.6 |
Roofing tile and fibro-cement sheet production factories |
3,0 |
N |
|
2.1.7 |
Floor and wall tile factories |
2,7 |
N |
|
2.2 |
Metallurgical and mechanical manufacturing works of grade III or higher |
|
|
|
2.2.1 |
Iron and steel |
|
|
|
2.2.1.1 |
Metallurgical factories |
3,2 |
N |
|
2.2.1.2 |
Cast iron making factories (producing pig iron products) |
3,4 |
N |
|
2.2.1.3 |
Semi-finished steel manufacturing factories |
3,4 |
N |
|
2.2.1.4 |
Steel rolling mills in general |
3,1 |
N |
|
2.2.1.5 |
Steel rolling mills - hot rolling |
3,2 |
N |
|
2.2.1.6 |
Steel rolling mills - cold rolling (thin steel plates) |
3,2 |
N |
|
2.2.1.7 |
Casting workshops |
2,9 |
N |
|
2.2.2 |
Non-ferrous metals |
|
|
|
2.2.2.1 |
Metallurgical factories in general |
3,4 |
N |
|
2.2.2.2 |
Aluminum factories |
3,2 |
N |
|
2.2.2.3 |
Rolling mills in general |
3,1 |
N |
|
2.2.2.4 |
Hot rolling mills |
3,1 |
N |
|
2.2.2.5 |
Cold rolling mills |
2,9 |
N |
|
2.2.2.6 |
Casting workshops |
2,9 |
N |
|
2.2.3 |
Other metal production works |
3,4 |
N |
|
2.3 |
Mining and mineral processing works of grade III or higher |
|
|
|
2.3.1 |
Open-pit mining equipment |
3,5 |
N |
|
2.3.2 |
Open-pit coal mining equipment |
3,2 |
N |
|
2.3.3 |
Open-pit ore mining equipment |
3,2 |
N |
|
2.3.4 |
Heavy-duty dredging equipment used in open-pit mining |
2,8 |
N |
|
2.3.5 |
Metal ore processing equipment |
3,0 |
N |
|
2.3.6 |
Other equipment |
3,2 |
N |
|
2.4 |
Oil and gas works of grade III or higher |
|
|
|
2.4.1 |
Oil refineries, gas processing factories; refinery and petrochemical factories (except LPG extraction and filling projects, lubricating oil preparation projects), factories manufacturing petrochemical products, drilling fluids and petrochemicals; oil and gas pipelines; oil and gas pipeline construction works; oil and gas transshipment hubs |
6,0 |
N |
|
2.4.2 |
Oil terminals, filling stations |
2,3 |
N |
|
2.5 |
Energy works of grade III or higher |
|
|
|
2.5.1 |
Thermoelectric power plants - coal, oil, lignite (steam temperature reaches 5400C) |
|
|
|
2.5.1.1 |
Up to 10 MW per generator |
4,1 |
N |
|
2.5.1.2 |
Up to 50 MW per generator |
4,2 |
N |
|
2.5.1.3 |
Up to 150 MW per generator |
4,4 |
N |
|
2.5.1.4 |
Up to 300 MW per generator |
5,0 |
N |
|
2.5.2 |
Steam turbines (steam temperature reaches 5400C) |
|
|
|
2.5.2.1 |
Up to 50 MW |
3,7 |
N |
|
2.5.2.2 |
Up to 150 MW |
5,6 |
N |
|
2.5.2.3 |
Up to 300 MW |
6,0 |
N |
|
2.5.3 |
Generators used in thermoelectric power plants |
|
|
|
2.5.3.1 |
Up to 180 MVA |
4,1 |
N |
|
2.5.3.2 |
Up to 400 MVA |
5,0 |
N |
|
2.5.4 |
Boilers, including common parts |
2,6 |
N |
|
2.5.5 |
Tube boilers (steam temperature reaches 5400C) |
|
|
|
2.5.5.1 |
Up to 50 tonne/hour |
2,4 |
N |
|
2.5.5.2 |
Up to 200 tonne/hour |
2,6 |
N |
|
2.5.5.3 |
Up to 1.000 tonne/hour |
2,9 |
N |
|
2.5.6 |
Other boilers |
|
|
|
2.5.6.1 |
Up to 75 tonne/hour |
3,1 |
N |
|
2.5.6.2 |
Up to 150 tonne/hour |
3,9 |
N |
|
2.5.7 |
Heat-only boilers |
2,4 |
N |
|
2.5.8 |
Steam pipes |
2,2 |
M |
|
2.5.9 |
Diesel power plants |
|
|
|
2.5.9.1 |
Up to 5.000 KW/generator |
3,6 |
M |
|
2.5.9.2 |
Up to 10.000 KW/generator |
3,8 |
N |
|
2.5.10 |
Generators used in diesel power plants of up to 12 MVA |
3,8 |
N |
|
2.5.11 |
Diesel engines used in diesel power plants of up to 5.000 KW |
|
|
|
2.5.11.1 |
- Installed |
2,8 |
N |
|
2.5.11.2 |
- Dismantled |
3,9 |
N |
|
2.5.12 |
Distribution substations |
|
|
|
2.5.12.1 |
Up to 100 KV |
2,6 |
N |
|
2.5.12.2 |
Above 100 KV |
3,0 |
N |
|
2.5.13 |
Transformers |
|
|
|
2.5.13.1 |
Up to 10 MVA |
3,1 |
N |
|
2.5.13.2 |
Up to 50 MVA |
3,5 |
N |
|
2.5.13.3 |
Up to 100 MVA |
4,0 |
N |
|
2.5.13.4 |
Up to 250 MVA |
4,4 |
N |
|
2.5.13.5 |
Up to 400 MVA |
4,8 |
N |
|
2.5.14 |
Power plants using industrial gas turbines |
|
|
|
2.5.14.1 |
Up to 40 MW/generator |
4,9 |
N |
|
2.5.14.2 |
Up to 60 MW/generator |
5,3 |
N |
|
2.5.15 |
Electrical grid construction and improvement |
3,2 |
N |
|
2.5.16 |
Facilities manufacturing and processing electronic equipment, electrical and electronic components; electrical equipment |
3,5 |
N |
|
2.5.17 |
Wind power plants, hydroelectricity power plants, solar power plants |
4,5 |
N |
|
2.6 |
Chemical works of grade III or higher |
|
|
|
2.6.1 |
Fertilizer and plant protection chemical manufacturing works |
|
|
|
2.6.1.1 |
Ordinary fertilizer manufacturing factories |
2,5 |
N |
|
2.6.1.2 |
Plant protection chemical manufacturing factories |
2,0 |
N |
|
2.6.2 |
Chemical, pharmaceutical product, cosmetic, plastics and synthetic polymer works |
|
|
|
2.6.2.1 |
Factories manufacturing tools from synthetic polymer |
2,7 |
N |
|
2.6.2.2 |
Cosmetic and pharmaceutical product manufacturing factories |
2,5 |
N |
|
2.6.2.3 |
Paint manufacturing factories |
2,5 |
N |
|
2.6.2.4 |
Veterinary drug manufacturing factories |
2,5 |
N |
|
2.6.2.5 |
Plastic product and plastic granule manufacturing factories |
2,7 |
N |
|
2.6.2.6 |
Detergent and additive manufacturing factories |
2,5 |
N |
|
2.6.2.7 |
Factories manufacturing propellants, explosives and pyrotechnic ignition devices |
4,5 |
N |
|
2.6.2.8 |
Industrial explosive manufacturing factories; industrial explosive and chemical storage facilities |
4,5 |
N |
|
2.6.2.9 |
Sea salt farming facilities |
4,0 |
N |
|
2.6.3 |
Other chemical industry works |
2,7 |
N |
|
2.7 |
Light industry works of grade III or higher |
|
|
|
2.7.1 |
Food manufacturing and processing works |
|
|
|
2.7.1.1 |
Food and foodstuff manufacturing factories |
1,7 |
M |
|
2.7.1.2 |
Livestock and poultry slaughterhouses |
1,5 |
M |
|
2.7.1.3 |
Fishery, fish meal and fishery byproduct processing factories |
1,9 |
M |
|
2.7.1.4 |
Sugar manufacturing factories |
2,9 |
M |
|
2.7.1.5 |
Alcohol and spirit manufacturing factories |
1,9 |
M |
|
2.7.1.6 |
Beer manufacturing factories |
1,8 |
M |
|
2.7.1.7 |
Soft drink manufacturing factories |
1,8 |
M |
|
2.7.1.8 |
Monosodium glutamate manufacturing plants |
1,8 |
M |
|
2.7.1.9 |
Diary plants |
1,7 |
M |
|
2.7.1.10 |
Cooking oil manufacturing equipment |
1,8 |
M |
|
2.7.1.11 |
Confectionery manufacturing factories |
1,8 |
M |
|
2.7.1.12 |
Bottled filtered or purified water manufacturing factories |
1,8 |
M |
|
2.7.1.13 |
Other food industry and cattle feed processing works |
1,8 |
M |
|
2.7.2 |
Agricultural product processing works |
|
|
|
2.7.2.1 |
Cigarette manufacturing factories, unmanufactured tobacco processing factories |
2,2 |
M |
|
2.7.2.2 |
Agricultural product and starch manufacturing and processing factories |
1,8 |
M |
|
2.7.2.3 |
Tea, cashew nut, cocoa, coffee and pepper processing factories |
1,8 |
M |
|
2.7.3 |
Wood processing, glass, ceramic and porcelain manufacturing works |
|
|
|
2.7.3.1 |
Wood processing industry in general |
3,2 |
M |
|
2.7.3.2 |
Laminated wood manufacturing factories |
3,2 |
M |
|
2.7.3.3 |
Plywood manufacturing factories |
3,2 |
M |
|
2.7.3.4 |
Domestic appliance manufacturing factories |
3,0 |
M |
|
2.7.3.5 |
Sawmills |
3,1 |
M |
|
2.7.3.6 |
Light and thermos manufacturing factories |
3,2 |
M |
|
2.7.3.7 |
Ceramic and porcelain manufacturing factories |
3,6 |
N |
|
2.7.3.8 |
Glass manufacturing factories |
3,2 |
M |
|
2.7.4 |
Paper and office stationery manufacturing works |
|
|
|
2.7.4.1 |
Paper and packaging industry in general |
3,8 |
N |
|
2.7.4.2 |
Factories manufacturing paper pulp and paper from raw materials |
3,8 |
N |
|
2.7.4.3 |
Equipment manufacturing paper pulp and paper from raw materials |
3,4 |
N |
|
2.7.4.4 |
Paper and packaging manufacturing factories |
3,8 |
N |
|
2.7.4.5 |
Paper and packaging processing factories |
3,4 |
N |
|
2.7.4.6 |
Office stationery manufacturing factories |
3,8 |
N |
|
2.7.5 |
Dyeing, textile and garment works |
|
|
|
2.7.5.1 |
Textile industry in general |
2,3 |
M |
|
2.7.5.2 |
Silk yarn, cotton yarn and man-made fibre manufacturing factories |
2,0 |
M |
|
2.7.5.3 |
Textile (without dyeing) factories |
2,3 |
M |
|
2.7.5.4 |
Industrial laundry equipment |
2,1 |
M |
|
2.7.5.5 |
Dyeing and bleaching equipment |
2,2 |
M |
|
2.7.5.6 |
Drying equipment |
2,3 |
M |
|
2.7.5.7 |
Textile and dyeing factories |
2,3 |
M |
|
2.7.5.8 |
Textile and garment manufacturing and processing factories |
2,3 |
M |
|
2.7.6 |
Animal husbandry facilities and animal/aquaculture feed processing facilities |
|
|
|
2.7.6.1 |
Animal/aquaculture feed processing industry in general |
1,8 |
M |
|
2.7.6.2 |
Animal/aquaculture feed processing factories |
1,7 |
M |
|
2.7.6.3 |
Livestock breeding facilities |
2,0 |
M |
|
2.7.6.4 |
Poultry breeding facilities |
2,0 |
M |
|
2.7.6.5 |
Wildlife farming and nurturing facilities |
2,3 |
M |
|
2.7.6.6 |
Aquaculture facilities |
2,7 |
M |
|
2.7.6.7 |
Extensive aquaculture facilities |
2,6 |
M |
|
2.7.7 |
Other light industry works |
|
|
|
2.7.7.1 |
Rubber and rubber latex processing facilities; Rubber tyre and tube manufacturing factories |
3,0 |
N |
|
2.7.7.2 |
Facilities manufacturing medical devices made of medical plastics and rubber |
3,0 |
N |
|
2.7.7.3 |
Footwear manufacturing factories |
3,0 |
N |
|
2.7.7.4 |
Printing ink and material manufacturing factories |
2,2 |
M |
|
2.7.7.5 |
Battery manufacturing factories |
3,0 |
N |
|
2.7.7.6 |
Tanning facilities |
2,2 |
M |
|
2.7.7.7 |
CO2 gas and industrial gas production, cylinder filling and liquefaction facilities |
3,0 |
N |
|
2.7.8 |
Shipbreaking facilities; vessel washing and cleaning facilities |
2,6 |
N |
|
3 |
TECHNICAL INFRASTRUCTURE WORKS |
|
|
|
3.1 |
Water supply works of grade II or higher |
|
|
|
3.1.1 |
Water supply in general |
2,7 |
M |
|
3.1.2 |
Water factories |
2,5 |
M |
|
3.1.3 |
Clean water treatment works |
2,4 |
M |
|
3.1.4 |
Water distribution systems |
2,7 |
M |
|
3.1.5 |
Raw or clean water pump stations or water booster pump stations |
2,7 |
M |
|
3.2 |
Water drainage works of grade II or higher |
|
|
|
3.2.1 |
Detention basins |
6,5 |
N |
|
3.2.2 |
Rainwater pump stations |
2,7 |
M |
|
3.2.3 |
Wastewater treatment works |
2,4 |
M |
|
3.2.4 |
Wastewater pump stations |
2,7 |
M |
|
3.2.5 |
Sludge treatment works |
2,7 |
M |
|
3.2.6 |
Water drainage in general |
2,7 |
M |
|
3.2.7 |
Water drainage systems |
2,5 |
M |
|
3.2.8 |
Water storage systems |
2,5 |
M |
|
3.2.9 |
Improvement of water drainage systems for urban areas or residential areas |
2,5 |
M |
|
3.3 |
Solid waste treatment works of grade II or higher |
|
|
|
3.3.1 |
Ordinary solid waste treatment facilities |
3,0 |
N |
|
3.3.2 |
Hazardous waste recycling and treatment facilities; hazardous solid waste recycling and treatment facilities with a capacity of at least 10 tonne/day |
3,3 |
N |
|
3.4 |
Passive telecom infrastructure works of grade III or higher: telecom buildings/stations, antenna masts, cable posts |
|
|
|
3.4.1 |
Information systems in general |
1,9 |
M |
|
3.4.2 |
Telephone exchanges |
1,5 |
M |
|
3.4.3 |
Communications cables (including excavation works) |
2,3 |
M |
|
3.4.4 |
Communications cables (excluding excavation works) |
1,9 |
M |
|
3.4.5 |
Radio and TV equipment |
1,9 |
M |
|
3.4.6 |
Towers used for receiving and transmitting telecommunications waves, radio/television broadcasting, BTS masts |
2,0 |
M |
|
3.5 |
Funeral parlours; crematoria of grade II or higher |
2,0 |
N |
|
3.6 |
Parking lots (underground and above-ground), technical sewers, tanks, trenches and tunnels of grade II or higher |
|
|
|
3.6.1 |
Underground parking lots |
2,5 |
N |
|
3.6.2 |
Above-ground parking lots |
1,5 |
N |
|
3.6.3 |
Technical sewers, tanks, trenches and tunnels |
3,5 |
N |
|
4 |
TRAFFIC WORKS |
|
|
|
4.1 |
Road: expressways of all grades; highways, urban roads of grade III or higher; ferry berths of grade III or higher; bus stations, road vehicle registration facilities, toll booths and rest stops of grade III or higher |
|
|
|
4.1.1 |
Conveyor belts |
1,8 |
M |
|
4.1.2 |
Conveyors (except those used in mining industry) |
1,8 |
M |
|
4.1.3 |
Cable car routes |
5,2 |
N |
|
4.1.4 |
Tramways |
2,0 |
N |
|
4.2 |
Railways of all grades, including: Mass transit railways, high-speed railways, urban railways (elevated railways), national railways, specialized railways and local railways; passenger terminals of grade III or higher |
|
|
|
4.2.1 |
Monorail systems (elevated) |
3,0 |
N |
|
4.2.2 |
Assembling railway cars and locomotives of monorail systems (elevated) |
2,3 |
N |
|
4.2.3 |
Constructions of monorail systems (elevated) |
3,0 |
N |
|
4.2.4 |
Double-track railway systems (except tramway 0140 and metro line 0150) |
2,7 |
M |
|
4.2.5 |
Assembling railway cars and locomotives of double-track railway systems |
2,3 |
M |
|
4.2.6 |
Construction of double-track railway systems |
2,8 |
M |
|
4.2.7 |
Rack railways |
3,0 |
N |
|
4.3 |
Bridges: highway bridges, footbridges, railway bridges, floating bridges of grade III or higher |
|
|
|
4.3.1 |
Highway bridges |
4,0 |
N |
|
4.3.2 |
Footbridges |
4,0 |
N |
|
4.3.3 |
Railway bridges |
4,5 |
N |
|
4.3.4 |
Floating bridges |
6,7 |
N |
|
4.4 |
Tunnels: highway tunnels, railway tunnels, pedestrian underpasses of grade III or higher |
|
|
|
4.4.1 |
Underwater tunnels |
8,4 |
N |
|
4.4.2 |
Underground tunnels |
8,0 |
N |
|
4.5 |
Inland waterway works of grade II or higher |
|
|
|
4.5.1 |
Inland waterway ports and landing stages (for passengers) |
7,5 |
N |
|
4.5.2 |
Inland ports receiving ships |
7,5 |
N |
|
4.5.3 |
Waterways with breadth (B) and height (H) of design water level (including buoys and river training works) |
7,5 |
N |
|
4.6 |
Maritime works |
|
|
|
4.6.1 |
Sea ports/wharves, ferry berths (for passengers) of grade III or higher |
7,5 |
N |
|
4.6.2 |
Other maritime works of grade II or higher |
7,5 |
N |
|
4.7 |
Aviation works of all grades: airport terminals; airfields (including air navigation works) |
|
|
|
4.7.1 |
Installation of equipment and machines at airports |
2,8 |
N |
|
4.7.2 |
Aircraft assembly |
3,0 |
N |
|
4.7.3 |
Airports, aerodromes (runways, cargo terminals, passenger terminals) |
2,0 |
N |
|
4.7.4 |
Other works in airfields |
2,0 |
N |
|
5 |
AGRICULTURE AND RURAL DEVELOPMENT WORKS |
|
|
|
5.1 |
Hydraulic structures |
|
|
|
5.1.1 |
Water supply works of grade II or higher |
6,5 |
N |
|
5.1.2 |
Reservoirs of grade III or higher |
6,5 |
N |
|
5.1.3 |
Dams and other pressure-resistant hydraulic structures of grade III or higher |
6,5 |
N |
|
5.2 |
Flood control system works of all grades |
10,0 |
N |
Notes:
M, N are symbols of types of insurance deductibles specified in Point b Clause 1 Section II of this Annex.
b) Deductibles:
Deductibles for works specified in Clause 1 Section II of this Annex shall be applied according to the provisions of Point b Clause 1 Section I of this Annex.
2. For a construction work worth VND 1.000 billion or higher as prescribed in Clause 1 Section II of this Annex: the provisions of Point c Clause 1 Article 37 of this Decree shall apply.
3. For construction works which are not specified in Clause 1 and Clause 2 Section II of this Annex: the provisions of Point d Clause 1 Article 37 of this Decree shall apply.
ANNEX IV
PREMIUMS
AND DEDUCTIBLES IN COMPULSORY PROFESSIONAL LIABILITY INSURANCE FOR CONSTRUCTION
INVESTMENT CONSULTANCY
(Enclosed with the Government’s Decree No. 67/2023/ND-CP dated September 06,
2023)
1. For a construction work whose value is less than VND 1.000 and which is not a dike, dam, port, berth, wharf, dock, breakwater or hydraulic structure; aerodrome, aircraft, satellite or space science work; shipbuilding and repair work; offshore and underwater energy structure; railway, tramway or express train project, underground or mining project:
a) Insurance premiums (exclusive of VAT):
The premium of the compulsory professional liability insurance for construction investment consultancy shall be expressed as a percentage (%) of the value of the consultancy contract. To be specific:
|
Value of consultancy contract
Value of construction work |
Up to VND 10 billion |
Above VND 10 billion to VND 20 billion |
Above VND 20 billion to VND 40 billion |
Above VND 40 billion to VND 60 billion |
Above VND 60 billion to VND 80 billion |
|
Less than VND 40 billion |
1,20% |
1,52% |
- |
- |
- |
|
Above VND 40 billion to VND 60 billion |
0,85% |
1,12% |
1,19% |
- |
- |
|
Above VND 60 billion to VND 80 billion |
0,80% |
1,05% |
1,16% |
1,27% |
- |
|
Above VND 80 billion to VND 100 billion |
0,75% |
0,95% |
1,07% |
1,18% |
1,34% |
|
Above VND 100 billion to VND 120 billion |
0,70% |
0,88% |
0,99% |
1,11% |
1,25% |
|
Above VND 120 billion to VND 160 billion |
0,65% |
0,85% |
0,94% |
1,10% |
1,22% |
|
Above VND 160 billion to VND 200 billion |
0,60% |
0,76% |
0,85% |
0,95% |
1,07% |
|
Above VND 200 billion to VND 400 billion |
0,51% |
0,66% |
0,76% |
0,85% |
0,95% |
|
Above VND 400 billion to VND 600 billion |
0,44% |
0,60% |
0,66% |
0,76% |
0,85% |
|
Above VND 600 billion to VND 1.000 billion |
0,41% |
0,57% |
0,60% |
0,69% |
0,82% |
b) Deductibles:
Deductible for the compulsory professional liability insurance for construction investment consultancy shall be 1% of the value of the consultancy contract or VND 100 million, whichever is greater.
2. For a construction work whose value is at least VND 1.000 billion or for which the value of the consultancy contract is greater than VND 80 billion or the insurance premium prescribed in Clause 1 of this Annex cannot be applied: the provisions of Point b Clause 1 Article 45 of this Decree shall apply.
ANNEX V
PREMIUMS
OF COMPULSORY INSURANCE FOR CONSTRUCTION SITE PERSONNEL
(Enclosed with the Government’s Decree No. 67/2023/ND-CP dated September 06,
2023)
1. Premiums for 1-year insurance period (exclusive of VAT):
|
Class of occupation (*) |
Premium/person (%/VND 100 million) |
|
Class 1 |
0,6 |
|
Class 2 |
0,8 |
|
Class 3 |
1,0 |
|
Class 4 |
1,2 |
2. Short-term insurance premiums
|
Insurance period |
Premium/person (%/annual premium) |
|
Up to 3 months |
40 |
|
Above 3 to 6 months |
60 |
|
Above 6 to 9 months |
80 |
|
Above 9 to 12 months |
100 |
(*) Occupational classification:
Class 1: Indirect labor occupations which involve office-based activities or paper-related tasks or other similar tasks with little movement. E.g.: accountants or administrative staff.
Class 2: Occupations which are not classified as manual labor occupations but pose higher risk level than class-1 occupations and require a lot of movement or which involve irregular or light manual work. E.g.: civil engineers or managerial officers who frequently visit construction sites.
Class 3: Occupations which mainly involve manual labor activities and pose higher risk level than class-2 occupations. E.g.: mechanical engineers, electrical engineers or workers who work on sites.…
Class 4: Occupations which involve dangerous activities, are most at risk for occupational accidents and are not classified in any of the abovementioned occupational classes.
APPENDIX VII
RATES OF COMPULSORY INSURANCE INDEMNITIES FOR CONSTRUCTION
SITE PERSONNEL
(Promulgated together with the Government’s Decree No.
67/2023/NĐ-CP dated September 6th)
I. Death or permanent working capacity impairment of 81% or above is eligible for an indemnity of 100 million VND. To be specific:
1. Permanent working capacity impairment of 81% and above due to:
a) Blindness or total loss of two eyes
b) Incurable psychological disorder
c) Total impairment of chewing and talking capacity (mutism).
d) Total loss or paralysis of two arms (from the shoulders or elbows) or two legs (from the crotch or knees)
dd) Loss of two hands or two feet, one arm and one foot, or one arm and one shank, or one hand and one shank, or one hand and one foot
e) Loss of ability to work (complete paralysis, injuries that lead to immobilization or total permanent disability)
g) Removal of a complete lung and a part of the other lung
2. Other cases in which permanent working capacity impairment is 81% or above according to conclusion given by the Board of Medical Examiners, or the total working capacity impairment under Section II is 81% or above.
II. If working capacity impairment is under 81%, indemnity shall equal (=) 100 million VND multiplied by (x) the working capacity impairment as specified below:
|
Description |
Working capacity impairment percentage |
|
I. UPPER LIMBS |
|
|
1. Loss of one arm from the shoulder (shoulder disarticulation) |
75% |
|
2. Amputation of an arm below the shoulder |
70% |
|
3. Amputation of one arm at the elbow (elbow disarticulation) |
65% |
|
4. Loss of a complete hand or five fingers of a hand |
60% |
|
5. Loss of 4 fingers on a hand |
40% |
|
6. Loss of the thumb and index finger |
35% |
|
7. Loss of the index finger, middle finger, and ring finger |
30% |
|
8. Loss of 1 thumb and 2 other finger |
35% |
|
9. Loss of 1 thumb and 1 other finger |
30% |
|
10. Loss of 1 index finger and 2 other fingers |
35% |
|
11. Loss of 1 index finger and 1 middle finger |
30% |
|
12. Loss of the big toe and 1 metacarpal |
25% |
|
Loss of 1 big toe |
20% |
|
Loss of the distal phalange |
10% |
|
Loss of ½ of the distal phalange |
7% |
|
13. Loss of the index finger and 1 metacarpal |
20% |
|
Loss of 1 index finger |
18% |
|
Loss of 2nd and 3rd phalange |
10% |
|
Loss of 3rd phalange |
8% |
|
14. Complete loss of 1 middle finger or ring finger (a whole metacarpal) |
18% |
|
Loss of 1 middle finger or ring finger |
15% |
|
Loss of 2nd and 3rd phalange |
8% |
|
Loss of 3rd phalange |
4% |
|
15. Complete loss of 1 pinky and metacarpal |
15% |
|
Loss of a complete little finger |
10% |
|
Loss of 2nd and 3rd phalange |
8% |
|
Loss of 3rd phalange |
4% |
|
16. Stiff shoulder joint |
25% |
|
17. Stiff elbow joint |
25% |
|
18. Stiff wrist |
25% |
|
19. Fractured arm distraction or bone loss that shortens the limb by more than 3 cm and impedes the ability to turn the palm up and down or creates false joints |
25% |
|
20. Arm bone fracture at the anatomical neck, bad callus, limited movement of shoulder joints |
35% |
|
21. Fracture of wrist bones |
|
|
- Good callus, normal movement |
15% |
|
- Bad callus, atrophy |
25% |
|
22. Fracture of the radius and ulna |
12% |
|
23. Fracture of either radius or ulna |
10% |
|
24. False joint of both radius and ulna |
25% |
|
25. False joint of either radius or ulna |
15% |
|
26. Fracture of the lower extremity of the radius |
10% |
|
27. Fracture of the styloid process of the radius or ulna |
8% |
|
28. Fracture of wrist bones |
10% |
|
29. Fractured metacarpal |
8% |
|
30. Fractured collarbone |
|
|
- Good callus formation |
8% |
|
- Bad callus, stiff shoulder |
18% |
|
- Compression of auxiliary nerve |
30% |
|
31. Fracture of scapula |
|
|
- Bone body fracture |
10% |
|
- Horizontal fracture |
17% |
|
- Shoulder joint fracture |
30% |
|
32. Fractured finger bones |
3% |
|
II. LOWER LIMBS |
|
|
33. Loss of one leg from the crotch (hip disarticulation) |
75% |
|
34. Amputation of one thigh |
|
|
1/3 upper |
70% |
|
1/3 middle or below |
55% |
|
35. Amputation of 1 leg from the knee (knee disarticulation) |
60% |
|
36. Ankle disarticulation or loss of 1 foot |
55% |
|
37. Loss of talus |
35% |
|
38. Loss of calcaneus |
35% |
|
39. Loss of part of the tibia, fibula that causes false joints |
35% |
|
40. Partial loss of the fibula |
20% |
|
41. Loss of ankles |
|
|
- Outer ankle |
10% |
|
- Inner ankle |
15% |
|
42. Loss of all 5 toes |
45% |
|
43. Loss of 4 toes including the big toe |
38% |
|
44. Loss of 4 toes excluding the big toe |
35% |
|
45. Loss of 3 toes including 3rd, 4th and 5th toe |
25% |
|
46. Loss of 3 toes including 1st, 2nd and 3rd toe |
30% |
|
47. Loss of the big toe and 2nd toe |
20% |
|
48. Loss of 1 big toe |
15% |
|
49. Loss of 1 toe excluding the big toe |
10% |
|
50. Loss of 1 big toe phalanx |
8% |
|
51. Hip stiffness |
45% |
|
52. Knee joint stiffness |
30% |
|
53. Loss of most of the patella and serious limitation to the ability to stretch the upper thigh |
45% |
|
54. Mal union or loss of bone that shortens the limb more than 3 cm and impede the rotation of the forearm. |
|
|
- by 3 - 5 cm |
40% |
|
- From 3 cm to less than 5 cm of malunion |
35% |
|
55. Complete paralysis of lateral popliteal nerve |
35% |
|
56. Complete paralysis of medial popliteal nerve |
25% |
|
57. Fracture of thigh bone at 1/3 middle or below |
|
|
- Good callus formation |
20% |
|
- Bad callus, malunion, varus or valgus, atrophy (maximum rate will apply if surgery is required) |
30% |
|
58. Fracture of the upper 1/3 or femor neck (in case of surgery, the maximum amount of insurance coverage shall be paid) |
|
|
- Good callus, straight axis |
25% |
|
- Mal union, valgus, pain when walking, atrophy |
35% |
|
59. False joint of the femur neck |
45% |
|
60. Fracture of the fibula and tibia |
20% |
|
61. Fracture of the tibia |
15% |
|
62. Fracture of the tibial plateau |
15% |
|
63. Fracture of the fibula |
10% |
|
64. Patellar tendon rupture |
15% |
|
65. Fracture of the patella (in case of surgery, the maximum amount of insurance coverage shall be paid) |
10% |
|
66. Fracture of the patella, knee stiffness, or quadriceps atrophy |
25% |
|
67. Achilles tendon rupture (stitched) |
15% |
|
68. Fractured metacarpal |
7% |
|
69. Fracture of the calcaneus |
15% |
|
70. Fracture of the navicular |
15% |
|
71. Fractured toe bones |
4% |
|
72. Fracture of ramus superior ossis pubis |
25% |
|
73. Fracture of the ischium |
25% |
|
74. Fracture of 1 ilium |
20% |
|
75. Fracture of 2 ilium, pelvic deformity |
40% |
|
76. Fracture of the sacrum |
|
|
- Without a sphincter disorder. |
10% |
|
- With a sphincter disorder. |
25% |
|
III. SPINE |
|
|
77. Removal of posterior vertebral arch |
|
|
- of 1 vertebra |
35 % |
|
- of 2 – 3 vertebrae or more |
45% |
|
78. Compression fracture of 1 vertebra (without paralysis of the spinal cord) |
30% |
|
79. Compression fracture of more than 2 vertebrae or more (without paralysis of the spinal cord) |
45% |
|
80. Fracture of the spinous process or transverse process |
|
|
- of 1 vertebra |
10% |
|
- of 2 – 3 vertebrae |
25% |
|
IV. SKULL AND BRAIN |
|
|
81. Skull defect (no sign of psychological and psychiatric disorder) |
|
|
- Diameter < 6 cm |
25 % |
|
- Diameter of 6 - 10 cm |
40% |
|
- Diameter > 10 cm |
50% |
|
82. Language disorder due to brain injuries |
|
|
- Idioglossia or spasmophemia that affect communication |
30% |
|
- Mutism due to injury to the Broca’s area |
60% |
|
- Loss of ability to use written language (asphasia due to injury to the Wernicke’s area) |
55% |
|
83. Total scalping (or partial scalping according to ratios) |
45% |
|
84. Open head injuries |
|
|
- Cracked skull |
40% |
|
- Depressed skull fracture |
30% |
|
- Deep penetration of many pieces of fractured bones into the brain |
50% |
|
85. Closed head injury |
|
|
- Fracture of calvaria (usual crack or depressed fracture) |
20% |
|
- Bone fracture that spreads to the base of skull, no paralysis of nerve |
30% |
|
- Bone fracture that spreads to the basilar skull with paralysis of cranial nerve |
40% |
|
86. Brain injury |
|
|
- Mild traumatic brain injury (mTBI) |
8% |
|
- Cerebral edema |
40% |
|
- Cerebral contusion, |
50% |
|
- Subarachnoid hemorrhage |
40% |
|
- Intracranial haematoma (epidural, subdural, intracerebral) |
30% |
|
V. CHEST |
|
|
87. Removal of 1 – 2 ribs |
15% |
|
88. Removal of 3 ribs or more |
25% |
|
89. Removal of each rib section |
8% |
|
90. Fracture of 1 – 2 ribs |
7% |
|
91. Fracture of 3 ribs or more |
15% |
|
92. Mere fracture of the sternum (cardiovascular and refractory functions are normal) |
15% |
|
93. Fissure of the sternum |
10% |
|
94. Complete removal of one lung |
70% |
|
95. Removal of multiple lobes of 2 lungs, DTS is reduced by over 50% |
65% |
|
96. Removal of multiple lobes of a lung |
50% |
|
97. Removal of a lung lobe |
35% |
|
98. Pleural effusion, pneumothorax, hemothorax (paracentesis only) |
5% |
|
99. Pneumothorax, hemothorax (drainage) |
20% |
|
100. Heart valve and septum defects due to injuries (without a heart failure) |
50% |
|
101. Pericardial sewing: |
|
|
- Bad surgery result |
60% |
|
- Positive surgery results |
35% |
|
VI. ABDOMEN |
|
|
102. Complete removal of the stomach |
75% |
|
103. Segmental resection of the stomach |
50% |
|
104. Removal of most of the small instestine (less than 1 m remaining) |
75% |
|
105. Segmental resection of the small intestine |
40% |
|
106. Complete removal of the large instestine |
75% |
|
107. Segmental resection of the large instestine |
50% |
|
108. Mere removal of the right liver |
70% |
|
109. Mere removal of the left liver |
60% |
|
110. Removal of liver lobes, depending on the position, number, and surgery results |
40% |
|
111. Removal of the gall bladder |
45% |
|
112. Removal of the spleen |
40% |
|
113. Removal of the tail of pancreas or spleen |
60% |
|
114. Gastric perforation sewing |
25% |
|
115. Small intestine perforation sewing |
30% |
|
116. Large intestine perforation sewing |
30% |
|
117. Liver contusion, liver sewing |
35% |
|
118. Spleen capsule sewing |
25% |
|
119. Pancreas sewing |
30% |
|
VII. URINARY AND REPRODUCTIVE ORGANS |
|
|
120. Removal of 1 kidney, the remaining kidney is functional |
50% |
|
121. Removal of 1 kidney, the remaining kidney is damaged or sick |
70% |
|
122. Segmental resection of the left or right kidney |
30% |
|
123. Kidney injury |
|
|
- Slight (not special treatment is required, shorter than 5 days of monitoring) |
4% |
|
- Medium (special medication is required, longer than 5 days of monitoring) |
10% |
|
- Serious (contusion, surgical intervention is required) |
47% |
|
124. Segmental resection of the bladder |
27% |
|
125. Permanent bladder stoma surgery |
70% |
|
126. Bladder perforation sewing |
30% |
|
127. Loss of the penis and 2 testicles of: |
|
|
- Women under 55 years of age without children |
70% |
|
- Women under 55 years of age with children |
55% |
|
- From 55 years of age |
35% |
|
128. Removal of the womb and one ovary of |
|
|
- Women under 45 years of age without children |
60% |
|
- Women under 45 years of age with children |
30% |
|
- From 45 years of age |
25% |
|
129. Mastectomy in female |
|
|
Under 45 years of age: |
|
|
- 1 side |
20% |
|
- 2 sides |
45% |
|
From 45 years of age: |
|
|
- 1 side |
15% |
|
- 2 side |
30% |
|
VIII. EYES |
|
|
130. Loss or total loss of sight of 1 eye |
|
|
- Failure to implant an artificial eye |
55% |
|
- Possibility of implantation of an artificial eye |
50% |
|
131. The 1/10 vision of one eye |
30% |
|
132. The 2/10 – 4/10 vision of one eye |
12% |
|
133. The 5/10 – 7/10 vision of one eye |
7% |
|
IX. EAR – NOSE - THROAT |
|
|
134. Deafness of 2 ears |
|
|
- Unrecoverable |
75% |
|
- Serious (able to hear when being screamed at) |
60% |
|
- Medium (able to hear loud voices at 1 – 2 m) |
35% |
|
- Slight (able to hear loud voices at 2 – 4 m) |
15% |
|
135. Deafness of 1 ears |
|
|
- Unrecoverable |
30% |
|
- Medium |
15% |
|
- Slight |
8% |
|
136. Loss of 2 pinna |
20% |
|
137. Loss of 1 pinna |
10% |
|
138. Shrivelled pinnae, ear canal stenosis |
20% |
|
139. Loss of nose, nose deformity |
18% |
|
140. Esophageal stricture causing swallowing difficulties |
20% |
|
lX. TOOTH – JAW – FACE |
|
|
141. Loss of part of the upper jawbone and part of the lower jawbone from the ramus and under |
|
|
- at a different side |
80% |
|
- at the same side |
70% |
|
142. Total loss of the upper jawbone or lower jawbone |
70% |
|
143. Loss of part of the upper jawbone or part of the lower jawbone (1/3 – 1/2 of the jawbone is lost) from the ramus and under |
35% |
|
144. Fracture of the upper jawbone and the lower jawbone, mal union, dislocation of temporomandibular joint which cause swallowing and chewing difficulties |
30% |
|
145. Fracture of the zygomatic bone, which causes slight the temporomandibular joint disorder and chewing difficulties |
15% |
|
146. Artificial temporomandibular joint due to nonunion or bone defects |
20% |
|
147. Aphonia: |
|
|
- More than 08 teeth without possibility of implantation of false teeth |
30% |
|
- From 5 – 7 teeth |
15% |
|
- From 3 – 4 teeth |
8% |
|
- From 1 – 2 teeth |
5% |
|
148. Loss of 3/4 of the tongue without losing the root (from the V line outwards) |
75% |
|
149. Loss of 2/3 of the tongue from the tip |
50% |
|
150. Loss of 1/3 of the tongue that causes pronunciation difficulties |
15% |
|
151. Loss of less than 1/3 of the tongue that causes pronunciation difficulties |
10% |
|
XI. SOFT TISSUE INJURIES, BURNS |
|
|
152. Soft tissue injuries that cause pain, numbness, convulsive movements, affect tendons, muscles, major blood vessels, and nerves |
12% |
|
153. Chest and abdominal soft tissue injuries that affect respiration |
35% |
|
154. Soft tissue injuries that leave sclerosis and cause difficulties in eating, chewing, and neck movement |
40% |
|
155. Soft tissue injuries that cause large openings around the mouth cavity, lip and cheek injuries that seriously affect eating and drinking |
50% |
|
156. Loss of part of the palate that connect the nose and the mouth |
20% |
|
157. Superficial burn (first-degree, second-degree) |
|
|
- Less than 5 cm of skin area |
5% |
|
- 5 -15% of skin area |
10% |
|
- More than 15% of skin area |
15% |
|
158. Deep burn (third-degree, fourth-degree, fifth-degree) |
|
|
- Less than 5% of skin area |
20% |
|
- 5 -15% of skin area |
35% |
|
- More than 15% of skin area |
60% |
Special cases:
1. When the joints of a finger or toe are stiff (except for the thumb, index finger, and big toe), the indemnity is 50% of that for the amputation of that finger.
2. The total loss of the function of each part or permanent disablement is considered as loss of that one or loss of limb.
3. If a worker has only one healthy eye before the accident, and loses its sight due to the occupational accident, its shall be considered permanent working capacity impairment of over 81%.
4. If a victim suffers from multiple injuries in an accident, the indemnity shall be the aggregated amount of indemnities for each injury. The total indemnity shall not exceed the maximum liability.
5. Where the working capacity impairment is not specified in the schedule of indemnities against bodily injuries, it shall be indemnified according to the comparison of its seriousness with other cases on the schedule of indemnities. In case it is impossible to determine the working capacity impairment, indemnities shall be calculated according to the conclusion of the Board of Medical Examiners.
6. In case of discrepancy in the working capacity impairment percentage specified in this Appendix and the Board of Medical Examiner’s conclusion, the higher percentage shall apply.
APPENDIX VIII
(Enclosed with Decision No. 67/2023/ND-CP dated September 06, 2023 of the Government of Vietnam)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
...., ……[location], …[date] ....................
Application FOrm for establishment of Council for managing motor vehicle insurance fund
To: the Minister of Finance.
Pursuant to Decree No...../2023/ND-CP dated …………, 2023 of the Government of Vietnam on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities;
We apply for your approval for the establishment of the management council:
- Name of the organization responsible for the establishment:
- Address:
- Contents:
We will follow all relevant procedures and commit to be responsible for the accuracy and compliance with regulations of law of this Application form and enclosures.
|
Enclosures: |
CHAIRPERSON
OF |
APPENDIX IX
(Enclosed with Decision No. 67/2023/ND-CP dated September 06, 2023 of the Government of Vietnam)
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
...., ………[date] ....................
APPLICATION FORM FOR CHANGE OF MEMBERS OF COUNCIL FOR MANAGING MOTOR VEHICLE INSURANCE FUND
To: the Minister of Finance.
Pursuant to Decree No...../2023/ND-CP dated …………, 2023 of the Government of Vietnam on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities;
We apply for your approval for the change of members of the management council:
- Name of the old member of the management council:
- Name of the new member of the management council:
- Reasons for the change:
We will follow all relevant procedures and commit to be responsible for the accuracy and compliance with regulations of law of this Application form and enclosures.
|
Enclosures: |
CHAIRPERSON
OF |
APPENDIX X
Templates of report
(Enclosed with Decision No. 67/2023/ND-CP dated September 06, 2023 of the
Government of Vietnam)
|
No |
Template |
Name |
|
1 |
Template No. 1 |
Report on the compliance with regulations on compulsory civil liability insurance of motor vehicle owners |
|
2 |
Template No. 2 |
Report on premiums and indemnities of compulsory fire and explosion insurance |
|
3 |
Template No. 3 |
Report on premiums and indemnities of compulsory insurance for construction investment activities: |
|
4 |
Template No. 4 |
Report on the collection and transfer of compulsory fire and explosion insurance premiums |
Template No. 1
Report on provision of compulsory civil liability insurance for motor vehicle owners
Name of the insurer: ………….
Reporting period: …. [year]…..
|
No |
Type of vehicle |
Number of vehicles |
Insurance premiums |
Number of accidents |
Fatalities (persons) |
Amount of indemnities (million VND) |
|||||||
|
For persons |
For property |
||||||||||||
|
Opening |
Closing |
Opening |
Closing |
Opening |
Closing |
Opening |
Closing |
Opening |
Closing |
Opening |
Closing |
||
|
I |
Two-wheeled motorcycles with cylinder capacity exceeding 50 cc |
|
|
|
|
|
|
|
|
|
|
|
|
|
II |
Three-wheeled motorcycles, motorcycles with cylinder capacity not exceeding 50 cc and similar motor vehicles |
|
|
|
|
|
|
|
|
|
|
|
|
|
III |
Non-commercial automobiles (vehicle types specified in the Fee Schedule) |
|
|
|
|
|
|
|
|
|
|
|
|
|
IV |
Commercial vehicles (vehicle types specified in the Fee Schedule) |
|
|
|
|
|
|
|
|
|
|
|
|
|
V |
Cargo vehicles (vehicle types specified in the Fee Schedule) |
|
|
|
|
|
|
|
|
|
|
|
|
|
VI |
Other vehicles (vehicle types specified in the Fee Schedule) |
|
|
|
|
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
|
|
|
|
|
We hereby declare that the above-mentioned information is accurate.
|
|
...,
………[date] .................... |
Template No. 2
Report on premiums and indemnities of compulsory fire and explosion insurance
Name of the insurer: ………….
Reporting period: …. [year]…..
|
No |
Policyholders(*) |
Number of policy holders |
Insurance premiums (million VND) |
Insurance indemnities (million VND) |
Number of claims |
Sum insured (million VND) |
||
|
Principal insurance premiums |
Retained insurance premiums |
Insurance indemnities for principal liabilities |
Insurance indemnities for retained liabilities |
|
|
|||
|
1 |
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
3 |
|
|
|
|
|
|
|
|
|
4 |
|
|
|
|
|
|
|
|
|
5 |
|
|
|
|
|
|
|
|
|
6 |
|
|
|
|
|
|
|
|
|
... |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(*) The insurer lists policyholders according to Clause 1 Section I Appendix II enclosed with Decree No..../2023/ND-CP dated………, 2023 of the Government on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities.
We hereby declare that the above-mentioned information is accurate.
|
|
...,
………[date] .................... |
Template No. 3
Report on premiums and indemnities of compulsory insurance for construction investment activities
Name of the insurer: ………….
Reporting period: …. [year]…..
|
No |
Insured construction works (*) |
Number of works |
Insurance premiums |
Insurance indemnities |
Number of claims |
Sum insured |
||
|
Principal insurance premiums |
Retained insurance premiums |
Insurance indemnities for principal liabilities |
Insurance indemnities for retained liabilities |
|
|
|||
|
I |
Civil work |
|
|
|
|
|
|
|
|
1.1 |
Accommodation |
|
|
|
|
|
|
|
|
1.2 |
Public works |
|
|
|
|
|
|
|
|
II |
Industrial works |
|
|
|
|
|
|
|
|
2.1 |
Works for production of building materials and products of level III or higher |
|
|
|
|
|
|
|
|
2.2 |
.... |
|
|
|
|
|
|
|
|
... |
|
|
|
|
|
|
|
|
|
... |
|
|
|
|
|
|
|
|
|
... |
|
|
|
|
|
|
|
|
|
Total |
|
|
|
|
|
|
|
|
(*) Construction works shall be sorted by type according to Appendix III enclosed with Decree No..../2023/ND-CP dated………, 2023 of the Government on compulsory civil liability insurance of motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities.
We hereby declare that the above-mentioned information is accurate.
|
|
...,
………[date] .................... |
Template No. 4
Report on the collection and transfer of compulsory fire and explosion insurance PREMIUMS
Name of the insurer: ………….
Reporting period: First 6 months of the year..../year...
|
No |
Criteria |
Amount (VND) |
|
1 |
Total insurance premium for compulsory fire and explosion insurance that is collected from principal insurance policies in the preceding fiscal year. |
|
|
2 |
Premiums payable from compulsory fire and explosion insurance in the fiscal year. |
|
|
3 |
Premiums paid in the first 6 months |
|
|
4 |
Premiums paid in the last 6 months |
|
|
5 |
Premiums paid of the year |
|
|
6 |
Arrears payable in the fiscal year |
|
We hereby declare that the above-mentioned information is accurate.
|
|
...,
………[date] .................... |
------------------------------------------------------------------------------------------------------
This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
