Circular 115/2014/tt-Btc: Guidelines For A Policy Of Insurance, The Provisions Of Article 5 Of Decree 66/2014/nd-Cp Of July 2014 Of The Government On A Number Of Fisheries Development Policy

Original Language Title: Thông tư 115/2014/TT-BTC: Hướng dẫn thực hiện chính sách bảo hiểm quy định tại Điều 5 Nghị định số 67/2014/NĐ-CP ngày 07 tháng 7 năm 2014 của Chính phủ về một số chính sách phát triển thủy sản

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CIRCULAR guide insurance policy stipulated in Decree No. 67/2014/ND-CP of July 2014 of the Government on a number of fisheries development policy _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on insurance business in 2000, the law on amendments and supplements to some articles of the law on insurance business and enforcement guidance documents;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 67/2014/ND-CP of July 2014 of the Government on a number of fisheries development policies;
At the suggestion of Director of Department of management, the insurance supervision;
The Minister of Finance shall guide the implementation of the insurance policy, the provisions of article 5 of Decree 66/2014/ND-CP of July 2014 of the Government on a number of fisheries development policy.
Chapter I GENERAL PROVISIONS article 1. Scope this circular guides make the insurance policies stipulated in article 5 of Decree 66/2014/ND-CP of July 2014 of the Government on a number of fisheries development policy (hereinafter referred to as the Decree No. 67/2014/ND-CP).
Article 2. Application object 1. The approved insurance business insurance under the provisions of Decree No. 67/2014/ND-CP (hereinafter referred to as the insurer).
2. individual organizations eligible for funding assistance to buy insurance under the provisions of Decree No. 67/2014/ND-CP. 3. Agencies, organizations, individuals with regard to the implementation of the policy of insurance under the provisions of Decree No. 67/2014/ND-CP. Chapter II SPECIFIC PROVISIONS of article 3. The principle of insurance 1. Made with all risk insurance liability insurance compensation in the coverage and the amount covered under the legal provisions of the insurance business and insurance contracts, except the subjective nature of the risk insured and the insurance acts.
2. The shipowner is responsible for accident insurance for the boat crews working on ships and perform contracts boat accident insurance with the insurer.
3. The support cost of purchase was made through the insurance business under the order, the procedure specified in article 8 of this circular when made concluding insurance contracts and insurance contracts have liability insurance.
4. An insurer implementing insurance according to the rules, terms, General fee schedule has registered and been approved by Ministry of finance in writing.
Article 4. Requirements for insurer the insurer must satisfy the following requirements: 1. the financial capacity requirements a) has a minimum equity 800 billion and total assets of minimum 2,000 billion at the end of the financial year.
b) ensure solvency margins under the provisions of the law.
2. corporate governance requirements a) systematic process of extraction, examination, boat accident insurance compensation; hull insurance, fishing nets and equipment (hereinafter referred to as the insurance of harvesting).
b) reinsurance programs to protect insurance programs exploit seafood.
3. Ask about insurance network harvesting Has a branch in a minimum of 10 provinces, central cities where active registered vessels.
4. Ask about insurance experience harvesting a) Has a minimum of 10 years in the insurance business, in which a minimum of 5 years insurance exploit seafood.
b) Has total sales of premium seafood exploitation in the last 5 years for 15-billion minimum.
5. Commit to comply with the provisions of the law and the text direction of the Ministry of finance.
6. Is the Ministry of finance approved in writing about insurance exploit seafood.
Article 5. The recommended procedure for record approved insurance 1. Records suggest approved deployment of harvesting insurance includes the following documents: a) the suggested text was insurance harvesting according to the form prescribed in annex 1 attached to this circular.
b) a copy of the documents that meet the conditions specified in paragraph 2, article 4 this circular and sales reports, insurance compensation harvesting of 5 years for confirmation of the legal representative of the insurer.
2. within five (5) working days of receipt of a valid application as specified in paragraph 1 of this article, the Ministry of finance have written reply regarding the approval or denial of approval. Cases of refusal of approval, the Finance Ministry must clearly state the reason.
Article 6. The object was to support funding the purchase of insurance 1. Ship owners off-shore harvesting, ship logistics services off-shore harvesting has a total capacity of main machine from 90CV above meets the following requirements: a) Is a member of the team, the cooperative harvesting;
b) Have registration certificates, ship safety certificates by the competent State authorities granted under the provisions of the law;
c) fisheries exploitation permits for off-shore harvesting vessel or vessel registration logistics services off-shore harvesting as prescribed by law;
d) Has made register and is the State Agency has the authority to grant Roster crews under the provisions of the law;
DD) of the people's Committee of township-level objects are supported.
2. Crews working on ships meet the requirements as specified in paragraph 1 of this article.
Article 7. Support of the State 1. The support level of State budget State budget funding to buy insurance for the off-shore harvesting vessels, ship logistics services off-shore harvesting are members of the nest team, cooperative exploitation of seafood and has a total capacity of main machine from 90CV or over particular, the following: a) 100% of the annual aid budget to buy accident insurance for each boat crews working on ships.
b) annual support cost hull insurance, equipment, fishing net tool on each ship with:-70% of the cost of buying insurance for ships have a total capacity of main machine from 90CV to under 400 CV;
-90% of the cost of buying insurance for ships have a total capacity of main machine from 400 CV.
2. Funding support guaranteed support from the central budget and local budget and are placed in the estimation of State budget, namely: a) to the central budget supports 100% of the funding for the local auto yet balanced budgets and Quang Ngai province;
b) central budget support 50% of funding for the local rates regulate the revenues split on the central budget to below 50% of the local budget, ensure 50% remaining;
c) The remaining use of local budget to make.
3. The method of support of the insurer was State budget paid for the premium seafood exploitation (the State budget support as specified) according to the order, the procedure specified in article 8 of this circular.
Article 8. Record, process and procedure of payment of premium seafood exploitation is the State budget support 1. Records suggest that pay premium seafood exploitation is State budget supports a) petition to pay the premium seafood exploitation according to the form prescribed in Appendix 2 attached to this circular.
b) confirmation of the people's Committee of township-level objects are supported according to the form prescribed in Appendix 3 attached to this circular.
c) statement (enclosed copy) certificate of insurance issued by the insurer to the form defined in annex 4, Appendix 5 attached to this circular.
2. The order and procedure of payment of premium seafood exploitation is State budget supports a) within ten (10) days from the end of the month, the insurer making the proposal to pay the premium seafood exploitation is the State budget to support the provisions in clause 1 of this article to send the Department of agriculture and rural development.
b) within ten (10) days from the date of application as specified in paragraph 1 of this article, the Department of agriculture and rural development, in collaboration with the Department of finance to complete the evaluation of the provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) review the decision to pay the premium seafood exploitation is the State budget support for the insurer.
c) within ten (10) days from receipt of the report of the Finance Department, the provincial people's Committee, the relevant authorities of the province completed the insurer pays for the entire premium seafood exploitation is the central budget and local budget support.
Article 9. Estimating the budget The establishment and observance of budgeting is made according to the provisions of the law on the State budget, documents guiding the implementation and guidance in this circular.
1. Along with the time the annual budget estimate, the base number of ships, list of crews working on ships of the people's Committee of social level; The Department of agriculture and rural development identify funding needs a policy of insurance in harvesting (which clearly identify the part of the local budget is balanced and the central budget support as a rule) submit the Financial Facility to report aggregate provincial people's Committee along with local budget estimates under the provisions of the law on budget the country sent the Ministry of finance to General estimating annual State budget according to the regulations.
2. for 2014, the provincial people's Committee directed the relevant agencies in General, expected funding needs a policy of insurance reports the Ministry of finance, Ministry of agriculture and rural development to sum the prime consideration, decided to support the local.
Article 10. Estimation allocation, management and payment of funds 1. Distributed estimation

a) estimation base year, the Prime Minister, the Ministry of finance conducted targeted supplements from the central budget to local budgets to make the insurance policy harvesting as prescribed in Decree 67/ND-CP/2014 and the guide of this circular.
b) to base estimation be the prime delivery and the local budget self guarantees: Department of finance, in cooperation with the Department of agriculture and rural development, plans to allocate funding estimates, reported the people's Committee of the provincial people's Council the same level of consideration the decision to allocate funding to implement the policy of insurance harvesting in the genus estimation was browsing.
2. On the management and funding a) provincial people's Committee has the responsibility to manage and use, settlement funding guaranteed for your purposes, provisions of the law on the State budget. The case ended the year, funding to support harvesting premium not handled (if any) are transferred to the following year to continue supporting local, not be used for other purposes. In case of lack of funding, the local initiative to advance funding to pay for the insurance business; at the same time send to the Ministry of finance, Ministry of agriculture and rural development to consider additions from the central budget (for the central budget local support). Time ends a policy of insurance, seafood exploitation of central budget funding supports the leftovers (if any), the local proposal returned to the central budget.
b) funding premium assistance under article 5 of Decree 66/2014/ND-CP are combined into settlement annual State budget of each level of the budget according to the provisions of the law on the State budget, the text of the guidance law and index the current state budget.
Chapter III LIABILITY of the ORGANS CONCERNED article 11. The responsibility of the Ministry of finance 1. Approved insurance business insurance harvesting as prescribed in this circular.
2. The layout of the budget policy of insurance of harvesting as prescribed in this circular.
3. check, monitoring of the approved insurance business insurance harvesting; inspect, monitor the level of funding support.
4. Every year, reported the Prime Minister on the situation and the results of the insurance policies exploit seafood.
5. the Chairman, in collaboration with the ministries concerned the organisation of the implementation of the insurance policies exploit seafood.
Article 12. The responsibility of the Ministry of agriculture and rural development 1. Directing State Administration about local seafood done: a) guide the shipowner strictly legal provisions on ship registration, registration, register, harvesting licenses, regulations on qualifications, certification of crews working on ships and other legal provisions concerned about harvesting.
b) guide the ship owners involved in the team, the cooperative harvesting; Join seafood mining coverage to prevent the risk of the unexpected can happen.
c) give the insurer the documents, papers relating to the valuation of boats, fishing nets, equipment instruments join seafood exploitation insurance; determined crews working on ships join seafood exploitation insurance signed; determine the legality of qualifications, certification of crews by the shipowner provide insurers and other related documents to help insurers settle claims quickly, smoothly.
2. In coordination with the Ministry of finance in General estimation premium support funding according to Decree No. 67/2014/ND-CP article 13. The responsibility of the provincial people's Committee 1. Guide the ship owners participation team, the cooperative harvesting; Steering committees and township-level competent authorities relating implement quickly the authentication procedure established the cooperative team exploited the seafood for the ship owners are eligible to join seafood exploitation insurance.
2. The Steering Committee granted the commune made quick confirmation procedure of supported object covered by the request of the shipowner. Confirmation of insurance support object harvesting is done according to the form prescribed in Appendix 3 attached to this circular.
3. The Steering Committee granted the commune made to notify the shipowner of the insurer to terminate the insurance contract upon receipt of notice of termination of the contract of insurance of the insurer for the shipowner.
4. Directing the relevant authorities of collaboration with local insurer to guide the ship owners join seafood exploitation insurance; provide documents relevant to the determination of the value of the vessel, equipment, fishing net tools insured; determine the cause of losses ... and other relevant documents to facilitate insurance business to resolve claims quickly, smoothly.
5. Steer border support, provided to the insurer, the owner of the ship the materials related to the identification operations, the list of crews working on ships and other relevant documents to facilitate insurance business to resolve claims quickly, smoothly.
6. Direct the Department of agriculture and rural development, in collaboration with the Department of finance evaluation of the record supports the provincial people's Committee consideration, decided to support as defined in clause 2 article 8 of this circular.
7. Organized propaganda on the insurance policy of harvesting according to Decree No. 67/2014/ND-CP on the mass media.
8. Quarterly, annually, the provincial people's Committee has the responsibility to establish a detailed report on the situation of premium support harvesting according to the form prescribed in annex 6, Appendix 7 attached to this circular and send to the Ministry of finance, Ministry of agriculture and rural development. Quarterly reporting period at the latest after 30 days of the end of the quarter; reporting year after 60 days of the end of the year.
Article 14. The liability of the insurer 1. Registration insurance harvesting according to the guidelines in article 5 of this circular.
2. The insurer is responsible for coordinating the construction rules, terms, premiums and harvesting of registration with the Ministry of finance to implement.
3. Build unified business processes of extraction, examination and insurance compensation harvesting to apply.
4. Coordination with General Reinsurance Corporation Vietnam national reinsurance program building harvesting to ensure financial security and make re-insurance for the insurance business in the country with the maximum level of retained under the provisions of the law.
5. organizations implementing harvesting insurance according to the legal provisions on insurance and business rules, terms, fees have been approved by the Finance Ministry.
6. Build systems of information technology to statistics, update, manage insurance implementations exploit seafood.
7. Make propaganda about the insurance policies exploit seafood.
8. Report of the Ministry of finance results of insurance prescribed harvesting: a) the insurer shall report the Finance Ministry periodically, and in the form prescribed in annex 8, Appendix 3 attached to this circular, in particular:-the time limit for submitting the report, : Slow for fifteen (15) days from the end of the month.
-The time limit for submitting the report in: slowest is ninety (90) days from the end of the financial year.
b) in addition to the above report, the insurer is responsible to report other irregularly at the request of the Ministry of finance.
Chapter IV IMPLEMENTATION article 15. Effect 1. This circular have enforceable from the date signed and applied from August 25, 2014.
2. In the process of implementation, if any confusion suggest reflections on the Finance Ministry to consider and resolve.