Decree 119/2015/nd-Cp: Compulsory Insurance Provisions In The Investment Construction

Original Language Title: Nghị định 119/2015/NĐ-CP: Quy định bảo hiểm bắt buộc trong hoạt động đầu tư xây dựng

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THE GOVERNMENT.
Number: 119 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 13, 2015

DECREE

Mandatory insurance regulation in building investment activity

____________________________________

Government Law Base December 25, 2001;

The Insurance Business Law Base December 9, n What? 2000;

Correct Law. socket i, add a number. Go. It ' s the Insurance Business Law of November 24. What? m 2010;

Construction of the Law Building on 18 June 2014;

At the suggestion of the Minister of Finance,

The government enacted a mandatory insurance regulation in the construction of investment.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree states: compulsory insurance participation, mandatory insurance deployment, minimum amount of insurance, the principle of determining the cost of insurance and the state management of compulsory insurance in the investment of construction.

What? 2. Subject applies

This decree applies to:

1. Chairman, contractor (in the case of a work insurance fee which has been charged at the price of the contract).

2. Consultated contractor.

3. Construction contractor built.

4. Non-Life Insurance Enterprise, the foreign-based non-human insurance business branch (later known as "insurance business"), reinsurance business.

5. Agency, organization, other individuals are related to compulsory insurance in the construction of construction investments.

What? 3. The principle of compulsory insurance participation in building investment activity.

1. The insurance business, reinsurance business, reinsurance business and the organization that receives foreign reinsurance must meet mandatory insurance deployment conditions in accordance with regulations in Section 2 Chapter II Decree and Sustainable Development. Hey.

2. The insurance business provides compulsory insurance in the construction of the construction investment when the insurance party fulfills the fully qualified building capacity conditions in the Building Law and the relevant law regulation.

3. Chairman, consulting contractor, construction contractor (later called "insurance party") and insurance business implementing mandatory insurance in operating investment in liability, insurance premiums and minimum amount of insurance premiums specified in the United States and the United States. at this decree and the direction of the Ministry of Finance.

4. The cost of purchasing the mandatory insurance in the construction of the construction investment in accordance with the following regulation:

a) For the work insurance in the time of construction: The premium is calculated at the total of construction investment;

b) For occupational liability insurance for construction investment: The premium is calculated at the price of consulting products;

c) For insurance for workers who work on the field: Insurance fees are charged at the cost of business production.

5. In addition to engaging in mandatory insurance in constructive investment activity, the premiums rate, the minimum amount of premiums prescribed at this Decree, the insurance buyer can participate in insurance with responsibility, the premium level, the amount of insurance. Higher on the basis of an agreement with the insurance business and in accordance with the provisions of the law. The cost of buying extra insurance is added (if any) follow the regulation at Clause 4 This.

6. The recipient of the bid to participate in the civil liability insurance against the third party under Section 3 Article 9 Building Law and follow the guidelines of the Ministry of Finance.

7. Recommend organizations, individuals who are not subject to the required mandatory insurance in accordance with the decree buying compulsory insurance in the investment of construction on the basis of a deal with the insurance business and in accordance with the regulations. The law is relevant.

Chapter II

SPECIFIC REGULATION

Item 1

THE RESPONSIBILITY TO JOIN THE MANDATORY INSURANCE IN THE CONSTRUCTION OF CONSTRUCTION

What? 4. The subject must purchase mandatory insurance in building investment activity.

1. Except for buildings related to the defense, security and secret state, the investment owner or contractor in the case of a work insurance fee has been charged at the price of the contract to purchase the process insurance during the construction period for the following works:

a) The work, the work category that has an influence on the regulatory community safety at Annex II International Protocol 46 /2015/ND-CP May 12, 2015, of the Government on Quality Management and the maintenance of the construction and text of the revised, complementary, alternative (if available);

b) The construction of a large effect on the environment of the project category must perform an environmental impact assessment by regulations at Annex II and Appendix III the number of Protocol II. 18 /2015/NĐ-CP February 14, 2015 The Government provides for environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection planning and revision, supplemation, replacement (if available);

c) The work has a special technical requirement, complex construction conditions under the provisions of the laws of construction and other legislation that are relevant.

2. Consultational contractors must purchase a career-based investment advisory firm on the construction of construction, construction design of the II-level construction site.

3. The construction contractor must purchase insurance for workers who work on the public.

What? 5. Insurance deadline

1. The time for the insurance coverage during the construction period is a specific period of time, counting from the date that begins to the end date of the base construction time on the text of the competent authority that decides to invest (including adjustment, supplements if available) and is noted. In the insurance company.

2. The occupational health insurance term for investment in construction has started since the date of the employment of the consulting work to the end of the process of law enforcement under the rule of law.

3. The insurance deadline for workers who compete in the field starts since the day of the construction work on the field to the end of the work warranty period under the rule of law. The identification of the specific insurance deadline for workers is based on the labor contract.

What? 6. Insurance coverage, exclusion of insurance liability

1. Insurance coverage

a) For process insurance in the time of construction: The Insurance Enterprise performs a responsibility for compensation for the losses of the building's construction from all risks, except for the regulatory losses at Clause 2;

b) For occupational liability insurance: The insurance business compensated for the investment advisory contractor to build the funds the advisory contractor has a responsibility to compensate for the losses of third-party losses and the cost of available funds. related to the rule of law that arise from the implementation of the construction advisory job, except for the provisions of Article 2;

c) For insurance for workers who work on the field: The insurance business performs compensation for the contractor who constructs the funds that the public contractor has a responsibility for compensation for the injured, dead, and injured workers. due to labor accidents, occupational diseases are responsible for insurance.

2. Remove the liability liability

The insurance business is not liable for compensation for the following losses:

a) losses arise from intentional behavior;

b) The loss is not random;

c) unquantified loss of money;

d) Disaster loss;

The loss of birth in the case of an unentitled insurance buyer may be insured.

3. The Ministry of Finance directed the implementation of Clause 1 and Clause 2 This.

Item 2

MANDATORY INSURANCE DEPLOYMENT CONDITIONS IN THE CONSTRUCTION OF CONSTRUCTION INVESTMENT.

What? 7. Conditions for insurance business, business reinsurance business

The insurance business, the reinsurance business that deploes mandatory insurance in the construction investment activity must meet the following conditions:

1. At the establishment and operation of the insurance and property insurance, liability insurance (for the insurance business); there is a non-life-life reinsurance business (for the reinsurance business).

2. In response to the eligiability of financial competabilities, the professional level of the team of business cadres pursuits to the Insurance Business Law and execs of the execs.

What? 8. The conditions for the business receive reinsurance, the organization receives foreign reinsurance.

In the case of reinsurance abroad, insurance businesses, reinsurance businesses must reinsurance the reinsurance business, the organization receiving foreign reinsurance meets the following conditions:

1. Is operating legally in accordance with the laws of the country where the business is based.

2. The minimum rating of "BBB" according to Standard & Poor's, "B + +" according to A.M. Best or the equivalent ranking results of functional organizations, other ratings experience in the year's most recent fiscal year of reinsurance.

What? 9. Level of retention

To ensure the financial safety of the insurance business, the reinsurance business and the rights of the insurance party, based on financial capacity, risk appraisal results, insurance businesses, reinsurance businesses decide to take insurance, receiving mandatory reinsurance in the construction investment activity as follows:

1. The level of responsibility holds on each risk or on each individual loss is no more than 10% equity.

2. The case of a reinsurance insurance business under the designation of the insured (fronting), the rate of reinsurance specified a maximum of 90% of the liability level.

Section 3

MINIMUM AMOUNT OF INSURANCE, THE PRINCIPLE OF DETERMINING PREMIUMS

What? 10. The minimum amount of insurance

1. For the work insurance in the construction period: The minimum amount of premiums is the full value of the work when completed but not lower than the total construction contract value, including the value of adjustment, addition (if available).

2. For the occupational liability insurance: The minimum amount of insurance is equal to the value of the consulting contract, the design.

3. For insurance for workers who work on the public: The minimum amount of premiums is 100 million per person/case. The specific compensation level in the case of injured workers, died as a result of labor accidents, occupational diseases followed by the guidelines of the Ministry of Finance.

What? 11. The principle of determining the premium

The level of premiums on compulsory insurance products in the construction investment activity must be determined based on statistics, ensuring the payment of the insurance business and must correspond to the insurance conditions, the coverage, the number of insurance companies, and the insurance industry. Minimum premiums follow the guidelines of the Ministry of Finance.

Chapter III

STATE MANAGEMENT OF MANDATORY INSURANCE IN BUILDING INVESTMENT ACTIVITY

What? 12. Finance Ministry Accountability

1. Board rules, insurance terms, premiums for the following mandatory insurance products:

a) The work insurance for the time of construction;

b) occupational liability insurance;

c) Insurance for workers who work on the field.

2. Guide to report mode, statistics; financial mode for insurance businesses, reinsurance businesses when deploying compulsory insurance in building investment.

3. Host, in coordination with the Ministry of Construction, ministries, related industries and the People's Committee of the Provinces, the Central City of the Centre for guidance, the propaganda of compulsory insurance in accordance with the provisions of the construction on the provisions of this Decree.

4. Management, oversight, inspection, inspection, settlement of the complaint, sanctitiate violation of insurance businesses, reinsurance business violations of the mandatory insurance regime in the investment of construction under the rule of law.

What? 13. Construction of the Ministry of Construction

1. Board rules guidelines on the required procedures of specific engineering requirements, complex construction conditions.

2. Guidelines for the creation of an insurance cost in the cost of construction investment.

3. Coordinate with the Ministry of Finance and ministries, the guidance-related sector, the propaganda that performs mandatory insurance in the construction of construction investments.

4. Host, in coordination with the test authorities, the inspector, the resolution of the complaint denouncing and handling the administrative breach against the insurance buyer in violation of the mandatory insurance regime in the investment of construction under the rule of law.

What? 14. Ministry of Service, Industry

1. Coordinate with the Ministry of Construction to issue under the jurisdiction of the guidelines guidelines for the required engineering requirements, complex construction conditions.

2. Coordinate with the Ministry of Finance and ministries, the guidance-related sector, the propaganda that performs mandatory insurance in the construction of construction investments.

3. Ministry, peer-to-peer agency, governmental body responsible for organising the inspection, guidelines and implementation of mandatory insurance in the construction of the construction of the regulatory entity under the provisions of this Decree.

What? 15. The responsibility of the People ' s Committee of the provinces, the Central City

The People's Committee of the Provinces, the Central City of the Central Committee, is responsible for organizing propaganda, disseminalization of Decree, in coordination with the Ministry of Finance, the Ministry of Construction of the Organization to implement the compulsory insurance regime in the investment of construction and the application of measures. You know, in case of failure.

Chapter IV

EXECUTION CLAUSE

What? 16. The transition clause

The insurance contracts in the construction investment activity that have committed before the date of this Decree are valid for further implementation by law at the time of the contract of the contract.

What? 17.

This decree has been in effect since 10 February 2016.

What? 18. organizational responsibility

1. The Ministry of Finance chaired, in coordination with the ministries, the relevant sector implementing this decree.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee and the organizations, the individual involved in the execution of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung