Circular 151/2012/tt-Btc: Modifying, Supplementing Circular No. 126/2008/tt-Btc Dated 22/12/2008 Of The Ministry Of Finance Regulation Rules, Terms, Fees And Liability Compulsory Insurance Civil Liability

Original Language Title: Thông tư 151/2012/TT-BTC: Sửa đổi, bổ sung Thông tư số 126/2008/TT-BTC ngày 22/12/2008 của Bộ Tài chính quy định Quy tắc, điều khoản, biểu phí và mức trách nhiệm bảo hiểm bắt buộc trách nhiệm dân s

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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. 103/2008/ND-CP dated 16 September 2008 by the Government on compulsory insurance of civil liability of owners of motor vehicles;

Proposal of the Director of the Department of management, supervision of insurance;

The Minister of Finance issued a circular amending, supplementing circular No. 126/2008/TT-BTC dated 22/12/2008 of the Ministry of finance regulation rules, terms, fees and liability compulsory insurance of civil liability of owners of motor vehicles (hereinafter referred to as "circular No. 126/2008/TT-BTC") and circular No. 103/2009/TT-BTC dated 25/5/2009 of the Ministry of Finance regulates the manage, use, payment and settlement of motor vehicle insurance Fund (hereinafter referred to as "Circular 103/2009/TT-BTC '), article 1. Additional amendments to circular 126/2008/TT-BTC 1. Amend Point 5.1, paragraph 5, section I is as follows: "5.1. External damage to physical, life and property with respect to the third party by motor vehicles cause. "

2. Amendments, supplements the point 1.2, paragraph 1, Category II, as follows: "1.2. The insurer only certificate of insurance for motor vehicle owners when the motor was close enough. The full premium must be confirmed by a certificate from the insurer's accounting (receipts, bills of insurance business collect money or other forms of documentation in accordance with relevant legislation). In some cases the particularity, the insurer and the motor may agreement (in writing) of the time limit for payment of the premium, in particular as follows: – where the motor vehicle is the administrative agency, business units of the State, insurance premiums must be paid in full within 10 days from the time the insurance certificate effect force in case the motor not the agencies, units of the State have more motor vehicles insured at the same time and in total premiums to be paid from the 100 million or more, the premiums are paid into two States: + States 1: motor vehicle owners pay 50% of the premiums before the time of the insurance certificate mandatory effect;

+ Ky 2: motor vehicle owners pay the entire premium rest within a period of 90 days from the time the certificate of insurance starts to take effect.

-The case of the motor vehicle is not close enough premiums according to the duration of the agreement mentioned above, the insurance contract will terminate effective the next day on motor vehicle insurance charge. Within 5 working days from the date of termination of the insurance contract, the insurer must be notified in writing to the motor on the termination of the insurance contract and reimburse the motor insurance section closed (if any) or require the motor vehicle close enough premiums to the point of termination of the contract of insurance. The insurer does not have to refund the insured in case of insurance event has occurred and liability insurance compensation before the termination of the insurance contract. The insurer is not responsible for compensation to the insured when the insurance event occurred during the insurance contract be terminated. Insurance contracts continue to be in force from the moment the car close enough and are approved by the insurer in writing ".

3. Modify the point 2.1, paragraph 2 the following: 2.1 "section II. The time of start of effect of the insurance certificate was specified on the certificate of insurance, but not before the motor vehicle close enough premium except in some special cases, the insurer and the motor have agreed in writing on the time limit for payment of the premium as specified in clause 2 , Article 1 of this circular ".

4. Additional Details d, point 2.2, paragraph 2 of section II, as follows: "d) where the motor vehicle has many car insurance on many different times of the year but next year there needs to take about the same time đỉểm of insurance to management, insurance period of this car can be less than 1 year and by the time the validity of the remaining contract the first insurance year. Insurance period of next year for all insurance contracts (was brought about at the same time limit) is 10 years ".

5. Amendments, supplements paragraph 4 of section II as follows: "liability insurance is the maximum amount that the insurer could pay for damage to physical, life and property of the third parties and passengers by motor vehicles; cause of each accident occurs in the scope of liability insurance. Specifically the following: 4.1. Liability insurance for damage to persons caused by motor vehicles is 70,000,000/1 person/1 crash.

4.2. liability insurance for damage to property caused by two-wheeled motorcycles, motorcycle gear, motorcycle and motor vehicles (including motor vehicles for disabled people) cause is 40,000,000/1 crash.

4.3. liability insurance for damage to property caused by cars, tractors, construction machinery, motor vehicles, agricultural, forestry and the types of vehicles used for security purposes, the Defense (including trailers-trailers and semitrailers-shirt was pulled by cars or tractors) cause is 70,000,000/1 the accident. "

6. Amendments, supplements the point 7.3, paragraph 7 of section II as follows: "the insurer not compensation for the following cases: 7.3. Driving without a driver's license or driving license is not suitable for this type of motor vehicles are required to have a driver's license. Driver case be deprived of the right to use licence has no time limit or time limit shall be considered to have no driving licence "7. Modify the additional Points, 8.3 and 8.4, Category II, as follows: "8.3. Compensation insurance: compensation specific to each type of injury, damage to people who are determined by the specified table to pay compensation to persons as defined in Appendix 2 attached to this circular or under the agreement (if any) between the motor and the victims or the legal representatives of the victims (in the case of the victims hurt died) but do not exceed the levels of compensation specified in Appendix 2 attached to this circular. The case of the decision of the Court shall be based on the decision of the Court but not to exceed the levels of compensation specified in Appendix 2 attached to this circular.

Many cases of motor vehicle accident leads to the human losses, the level of compensation is determined according to the degree of fault of the motor vehicle but the total compensation does not exceed the liability insurance.

With regard to the accident were the competent authorities determine the cause of the fault of the person suffering the damage, the extent of the damages by 50% of the compensation regulations Appendix 2 attached to this circular.

b) specific compensation for damage to property/1 crash is determined according to the actual damage and according to the degree of fault of the vehicle but not exceeding the insurance.

8.4. The insurer does not have the responsibility to compensate the part exceeding the liability insurance as specified in Appendix 2 attached to this circular ".

8. the enactment of fees Appendix 1 mandatory insurance of civil liability of owners of motor vehicles attached to this circular replaces annex 5 attached to circular No. 126/2008/TT-BTC.

9. Appendix 2 issued on the specified table to pay compensation to persons attached to this circular replaces annex 6 attached to circular No. 126/2008/TT-BTC.

10. Issued Appendix 3, 4 and 5 of model certificates of compulsory insurance of civil liability of owners of motor vehicles together with circular on replacing annexes 1, 2 and 3 of the attached circular 126/2008/TT-BTC.

11. Issued Appendix 6 reporting compulsory insurance CIVIL LIABILITY of motor vehicle owners together with circular replaces Appendix 7 attached to circular No. 126/2008/TT-BTC.

Article 2. This page đổỉ, additional paragraph 3 article 6 circular No. 103/2009/TT-BTC on the support level, the object supports the following: "3. the humanitarian assistance Spending: spending does not exceed 15% of the total amount of the annual fund, specifically to support the cost of burial for the loss of life and injury cases support the whole of the third person permanently and passenger transport the car caused by motor vehicles in the case of non-identified vehicles caused the accident, the car is not insured, insurance exclusion provisions in article 13 of Decree 103/2008/ND-CP. funeral expenses support level, supports permanent injury is 20 million VND/person/service ".

Article 3. Implementation 1. This circular has effect as from November 2012.

2. In the process of implementation, if any obstacles to timely reflect the recommendations of the Ministry of finance to consider and resolve.

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