Circular 214/2013/ttlt-Btc: Detailing The Implementation Of A Number Of Articles Of Decree No. 130/2006/nd-Cp On 08/11/2006 And Decree No. 46/2012/nd-Cp On 22/5/2012 Regulating Insurance Mode ...

Original Language Title: Thông tư liên tịch 214/2013/TTLT-BTC-BCA: Quy định chi tiết thi hành một số điều của Nghị định số 130/2006/NĐ-CP ngày 08/11/2006 và Nghị định số 46/2012/NĐ-CP ngày 22/5/2012 quy định chế độ bảo hiểm ...

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CIRCULAR detailing the implementation of a number of articles of Decree No. 130/2006/ND-CP on 08/11/2006 and Decree No. 46/2012/ND-CP on 22/5/2012 regulation modes of fire insurance, compulsory _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 35/2003/ND-CP dated April 4, 2003 detailing the Government's implementation of some articles of the law on fire and fire;
Pursuant to Decree No. 130/2006/ND-CP dated 8 November 2006 from the Government regulations compulsory fire insurance;
Pursuant to Decree No. 46/2012/ND-CP on May 22, 2012 of the Government revising, supplementing a number of articles of Decree No. 35/2003/ND-CP dated 4/4/2003 detailing the implementation of a number of articles of the law on fire and fire and Decree No. 130/2006/ND-CP on 08/11/2006 prescribed fire insurance mode , compulsory;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 prescribed functions, tasks, powers and organizational structure of the Ministry of public security;
The Minister of finance and Minister of public security issued a circular detailing the implementation of a number of articles of Decree No. 130/2006/ND-CP on 08/11/2006 and Decree No. 46/2012/ND-CP on 22/5/2012 regulation modes of fire insurance, compulsory.
Article 1. Scope this circular guides the implementation modes of compulsory fire insurance for the property of the facility to buy fire insurance, compulsory; the liability of the insurer in the excerpt up funding for the operating room fires (hereafter abbreviated as FIRE FIGHTING) and the mechanism of granting, payment, settlement funds; the responsibility of the competent State bodies.
Article 2. The object that applies to this circular apply to agencies, organizations, individuals are the basis of the danger of fires prescribed in Appendix 1 of Decree 35/2003/ND-CP dated 4/4/2003 detailing the implementation of a number of articles of the law on fire and fire (hereinafter the Decree No. 35/2003/ND-CP) Article 7, paragraph 1 of Decree 46/2012/ND-CP on 22/5/2012 of the Government revising, supplementing a number of articles of Decree No. 35/2003/ND-CP dated 4/4/2003 detailing the implementation of a number of articles of the law on fire and fire and Decree No. 130/2006/ND-CP on 08/11/2006 prescribed fire insurance mode , compulsory (hereinafter the Decree No. 46/2012/ND-CP), insurers are allowed to fire insurance business, blasting required and authorized State agencies.
Article 3. Implementation mode of fire insurance, compulsory 1. Agencies, organizations, individuals are the basis of the danger of fires prescribed in Appendix 1 of Decree 35/2003/ND-CP and Paragraph 7 article 1 of Decree 46/2012/ND-CP have to buy compulsory fire insurance for the property of the facility.
2. Responsible for purchasing fire insurance, compulsory a) for the base to buy fire insurance compulsory, then the head of the Agency, organization or individual basis which is responsible for purchasing fire insurance, compulsory.
b) for facilities in which many households as the collective House, condominium or in a facility that has many agencies, organizations, individuals, responsible for purchasing fire insurance, compulsory as follows:-case to determine who is the owner of the premises or the person who was the owner or management interface the common representative (hereinafter referred to as the representative) , then that person is responsible for purchasing fire insurance, compulsory. Each of the households, offices, organizations, individuals are responsible for submitting premium for the representative. In this case, the insured person is the individual households, agencies, organizations and individuals have filed charges for insurance representatives.
-No case determine the representative then ever, bodies, organizations, individuals in the base that is responsible directly to buy fire insurance, compulsory.
3. insurance businesses, agencies, organizations and individuals who made the regime compulsory fire insurance, according to the rules, fees, compulsory fire insurance due to the Ministry of Finance issued. The event of a loss, the determining cause of the fires led to the loss of the responsibility of the police authority.
4. The provisions on the object, the property to buy fire insurance, compulsory; the amount of fire insurance, compulsory minimum; contract of fire insurance, compulsory and other regulations on compulsory fire insurance, comply with the provisions of chapter II of Decree 129/2006/ND-CP and article 2 of Decree 47/2012/ND-CP. 5. The insurer was not refused to sell fire insurance, compulsory when the buyer has insurance in compliance with the provisions of the law on FIRE PROTECTION, except in the following cases: a) the facility has not been checked on the FIRE when new construction, renovation or change the nature of use;
b) basis without a check on FIRE PREVENTION and fire their police agencies and fire or a check too, from time to time buying fire insurance, compulsory;
c) facility is suspended or temporarily suspended operations due to a serious breach of the regulations on FIRE PREVENTION.
6. The insurer is entitled to terminate the contract of fire insurance, compulsory in case the buyer does not perform according to the insurance agreement in the contract of insurance. The termination of the insurance contract is made under the provisions of the law.
Article 4. The method of contribution to operating room fires, fire 1. Business fire insurance, compulsory responsibility to contribute funding for FIRE PROTECTION activities under the guidance of the Ministry of finance.
Within a period of 30 days from the date of 30 June and 31 December each year, the insurer is responsible to transfer the amount of contribution funding FIRE PROTECTION activity on account of the fire police, fire and rescue, rescue by Ministry of public security to open in the Central Treasury; report the results of compulsory fire insurance and report the amounts quoted filed from compulsory fire insurance, as specified in annex 4, 5 attached to circular No. 220/2009/TT-BTC on December 30, 2010 of the Ministry of Finance shall guide the implementation of fire insurance mode compulsory, and submitted to the Ministry of finance.
2. With respect to contracts of insurance packages available including compulsory fire insurance, the insurer is responsible for separate part fire insurance, compulsory by the attached contract and Appendix must be full of content according to the provisions of article 9 of Decree 129/2006/ND-CP. 3. Within a period of 90 days from the end of the financial year, the insurer has the responsibility to set the report source of funds must contribute to FIRE PROTECTION activities under annex 6 attached to circular No. 220/2009/TT-BTC on December 30, 2010 of the Ministry of Finance shall guide the implementation of fire insurance mode compulsory, and submitted to the Ministry of finance.
The insurer is responsible for collating data already filed with the figures in the report the funds contributed, if submitted number greater than the number to be paid, the number of surplus was left to count the number of years after filing; If the amount already paid is lower than the number of payable, the insurer is responsible for a lack of enough additional submission within 5 working days.
Article 5. Manage, allocate, billing, settlement funds to contribute to the operating room fires, fire 1. Every year, the genus content base in paragraph 2 of this article, the number of currency five years ago, the possibility of collecting the years of planning, the Ministry of public security set up the estimation of incomes and expenses from the funds contribute to FIRE PROTECTION activities and send the Ministry of finance.
2. Funding source's contribution to the insurance business from the business of fire insurance, compulsory are used for FIRE PROTECTION activities with the following content: a) equipped vehicles, FIRE FIGHTING equipment of the police force, Fire Department and fire. Costs for this content is lower than 70% of the funds actually spent for FIRE FIGHTING operations in the year; the remaining funding source must not exceed 30% for the operations specified in points b and c of this paragraph.
b) support advocacy, guidance, common knowledge of the law and of common knowledge about the General FIRE PROTECTION for the entire population. The content and the costs for these activities apply in circular No. 73/2010/TTLT-BTC-BTP on 14/5/2010 of the Ministry of finance and the Ministry of Justice's guide the creation, management, use and settlement guaranteed funding for the work of popular legal education.
c) support rewarded achievement in the work of FIRE PREVENTION for the following objects:-organizations, individual direct FIRE missions;
-The Organization, individuals involved in the work of FIRE PREVENTION and coordination.
Reward levels must not exceed 5 million for collective; 3 million for the individual. The Ministry of public security specific instructions the rewarded and rewarded for funding organizations, individual achievement in the work of FIRE FIGHTING.
3. Funding contributor to FIRE FIGHTING activities from business fire insurance, compulsory last year have not yet spent, then transferred the following year to continue to spend on the content under the guidance of this circular.
Article 6. The responsibility of the relevant agencies 1. Fire police, fire and rescue, rescue (The police) are responsible for: a) in collaboration with the relevant authorities of the Ministry of Finance (Department of management, the insurance supervision) propaganda, common law on compulsory fire insurance; urge the base has the danger of fire, explosion, fire insurance compulsory.
b) to receive, manage, use, payment and settlement funds contribute to FIRE PROTECTION activities of the insurer under the provisions of the law.
c) 4th quarter annually announces the list of dangerous facility on fire, explosion in the audience to buy fire insurance, compulsory in the nationwide insurance enterprise through Vietnam Insurance Association.
2. the Department of management, the insurance supervision Department (Ministry of Finance) is responsible for: a) in collaboration with the fire police agencies and fire propagation, common law on compulsory fire insurance; urge the base has the danger of fire, explosion, fire insurance compulsory.
b) test, monitoring the insurer made compulsory fire insurance, timely sanctions the insurer does not sell fire insurance, compulsory under the rules.

c) check the accuracy of the report data source to contribute funding for the FIRE FIGHTING operation and urging the insurer to submit a full account of funds must contribute.
3. fire police agencies and fire department, central cities are responsible for: a) guide the base in an have to buy fire insurance, compulsory safety inspection of FIRE FIGHTING and self realization FIRE PROTECTION safety condition according to the provisions of article 9 of Decree No. 35/2003/ND-CP and clause 1 article 1 of Decree 46/2012/ND-CP b) quarterly food FIRE safety test for the basis of the danger of fire and explosion; check out extraordinarily when danger signs, FIRE safety or loss upon special request.
c) testing, monitoring of hazardous facility on fire, broke to buy fire insurance, compulsory, sanctions promptly the facilities there are dangers about fires must buy fire insurance, compulsory but not insured according to the regulations.
Article 7. Effect 1. This circular effect since July 13, 2014 and replaces circular No. 41/2007/TTLT-BTC on 24/4/2007 of the Ministry of finance and the Ministry of public security guide and implement some articles of Decree No. 130/2006/ND-CP on 08/11/2006 regulation regulation modes of fire insurance , compulsory.
2. In the process of implementation, if any problems arise, the proposal reflects on the Ministry of finance, the Ministry of public security to have timely instructions./.