Circular 35/2009/ttlt/bca: Btc-Guide Made A Number Of Articles Of Decree No. 103/2008/nd-Cp Dated 16 September 2008 On Compulsory Insurance Of Civil Liability Of Owners Of Motor Vehicles

Original Language Title: Thông tư liên tịch 35/2009/TTLT/BTC-BCA: Hướng dẫn thực hiện một số điều của Nghị định số 103/2008/NĐ-CP ngày 16 tháng 9 năm 2008 về bảo hiểm bắt buộc trách nhiệm dân sự của chủ xe cơ giới

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CIRCULAR guide perform a number of articles of Decree No. 103/2008/ND-CP dated 16 September 2008 on compulsory insurance of civil liability of owners of motor vehicles pursuant to Decree No. 103/2008/ND-CP dated 16/9/2008 on compulsory insurance of civil liability of owners of motor vehicles;
The Ministry of finance and the Ministry of public security guide and implement some articles of Decree No. 103/2008/ND-CP dated 16/9/2008 on compulsory insurance of civil liability of owners of motor vehicles are as follows: i. GENERAL PROVISIONS 1. Scope this circular specific guidelines on the responsibilities of the agencies and units within the management of the Ministry of public security and the Ministry of finance in checking, monitoring the insurer conducted mandatory insurance of civil liability of owners of motor vehicles, the road motor vehicles (hereinafter exhaustion is the motor vehicle) when the procedures posted vehicle registration; detect and handle infringement cases do not have or do not carry the certificate of compulsory insurance of civil liability of owners of motor vehicles; providing information, documents related to traffic accidents.
2. Subjects of application this circular apply to traffic police force, police and other police forces are involved in the implementation of the provisions of the law on compulsory insurance of civil liability of owners of motor vehicles in the public security units , local; agencies, units of the Ministry of finance; non-life insurance business be business of compulsory insurance of civil liability of owners of motor vehicles; Vietnam Insurance Association.
II. SPECIFIC PROVISIONS 1. The responsibility of public security units, local 1.1. In collaboration with the relevant authorities of the Ministry of Finance of propaganda, common legislation on compulsory insurance of civil liability of owners of motor vehicles.
1.2. The Police Department-road traffic to the railway; Traffic police Police Department, central cities; The police districts, towns and cities in the province upon the registration level of motor transport on Road (here written as motor vehicles) must require the motor to produce a certificate of compulsory insurance of civil liability of owners of motor vehicles.
1.3. traffic police force, the police force involved, when on patrol, control, if the driver of vehicles or motor vehicles do not have or do not carry the certificate of compulsory insurance of civil liability of owners of motor vehicles be valid, it must set the minutes and processed promptly under the provisions of the Ordinance on handling administrative violations the year 2002 was amended and supplemented by Ordinance amending and supplementing a number of articles of the Ordinance on handling administrative violations in 2008, Decree No. 103/2008/ND-CP dated 16/9/2008 on compulsory insurance of civil liability of owners of motor vehicles, the level of penalties, namely: a VND 100,000 fines) for the driver of motorcycles , motorcycle, motorcycles, tricycles and other similar motorized vehicles do not have or do not carry the certificate of insurance.
b) fined 500,000 đồng for drivers of cars, tractors, and other similar motorized vehicles do not have or do not carry the certificate of insurance.
1.4. Depending on the specific traffic accidents and based on the functions, duties, jurisdiction is allocated, the traffic police force, the police have the responsibility to inform, provide one or more of the documents below are related to traffic accidents which for insurers to resolve the compensation insurance Bien:-examination of the scene of the traffic accident;
-Diagrams, a photo (if available);
-Report on the examination of the media related to traffic accidents;
-Preliminary announcement of results of initial investigation of traffic accidents;
-Other documents related to traffic accidents (if available).
1.5. After the end of the processing, census to resolve traffic accidents, traffic police force, the police have the responsibility to provide the minutes settle traffic accidents, which clearly bug causing traffic accidents, other related documents (if any) for the insurer to have the base compensation as specified by the law on compulsory insurance of civil liability of owners of motor vehicles.
1.6. as for the traffic accident with no signs of the crime that the driver of the motor vehicle does not have an error, after examination of finished vehicles are charged now that transportation for the driver or owner.
1.7. the traffic police force, other police are responsible for coordinating with the relevant units of the Ministry of finance in the inspection, supervision, prevent the Organization, individuals have profited behavior and insurance fraud.
1.8. Recurring January 6 times, the latest was on July 30 and 31 January the following year (previous year's data report), district, district, town, city in the province; Traffic police Police Department, the city of centrally delivered reports on the Police Department of rail-road traffic. Road traffic Police Bureau-synthetic rail, provide in writing to the Ministry of finance the following documents:-the total number of cars, motorcycles, motor vehicle registration has been granted;
-The total number of traffic accidents and damage (to the person, property);
-The total number of violations and sanction acts do not have or do not carry the certificate of compulsory insurance of civil liability of owners of motor vehicles.
2. The responsibilities of the agencies and units within the Department's financial management 2.1. The responsibility of the Department of management, supervision of insurance a) coordinate with the Police Department of rail-road traffic and other relevant units of the Ministry of public security propaganda work in legislation on compulsory insurance of civil liability of owners of motor vehicles.
b) Guide and direct the insurer holds and seriously implement the provisions of the law on compulsory insurance of civil liability of owners of motor vehicles.
c) check regularly, monitor the insurer made compulsory insurance of civil liability of owners of motor vehicles; Hosted, in cooperation with the relevant units of the Ministry of public security in checking, monitoring to prevent the Organization, individuals have profited behavior and insurance fraud.
d) provide information, implementation of the regime of civil liability insurance of owners of motor vehicles for road traffic Police Bureau-rail to coordinate implementation.
2.2. The liability of the insurer a) in collaboration with the Vietnam Insurance Association advocacy organisation, popularity and a full explanation about the content, meaning, the purpose of compulsory insurance of civil liability of owners of motor vehicles to the car owners understand their obligations, benefit when the insured.
b) developed distribution channels, the agent system provides compulsory insurance of civil liability of motor vehicle owners. Build process to sell insurance, insurance settlement clear, simple to create favorable conditions for the customer in the process of engagement and resolve insurance benefits.
c) payment for traffic police, police investigation, other related police costs shooting star records, minutes, other related documents and confidentiality of information, this document is in the process of investigation.
d) contribute funds to the motor vehicle insurance Funds to support the operations of the traffic police force, police investigation and other police involved (applicable to the insurance business are allowed to implement compulsory insurance of civil liability of owners of motor vehicles).
3. Funding support for coordination activities between agencies, units of the scope of management of the Ministry of public security and the Ministry of finance 3.1. The level of funding support for traffic police, police investigation and other police involved does not exceed 20% of the total amount of food donations on motor vehicle insurance Funds of enterprises business casualty insurance compulsory insurance of civil liability of motor vehicle owners.
3.2. support funding to be used as follows: a) support rewarding achievement; Media shopping tool, support for public security forces patrol staff, control, detection and handling of administrative violations of the motor vehicle owners in the implementation of compulsory insurance of civil liability of owners of motor vehicles; the investigation of traffic accidents.
b) support advocacy work, guidelines, common knowledge of the law; the legal text and the Conference summary, summation of compulsory insurance of civil liability motor vehicle and traffic safety.
3.3. At the latest on 31 January of every year is, the Insurance Fund of motor vehicles reported to the Ministry of public security (Police Bureau) total funding expected to be taken from the Fund to support coordinated activity of traffic police, police investigation and other police involved and make the transfer of funds as prescribed.
3.4. General Directorate of the police receive, manage, allocate and use the funds on according to the contents specified in point 3.1, point 3.2 paragraph 3 section II of this circular; at the same time, have the responsibility to report the Ministry of Finance (Department of management, supervision of insurance) the use of the funds granted for the year at the latest on 31 January the following year.
III. IMPLEMENTATION 1. This circular has the effect after 45 days from the date of public notice and replacing circular No. 16/2008/TTLT-BCA-BTC dated 7 November 2007 of the Ministry of finance, the Ministry of public security guide the coordination regime of compulsory insurance of civil liability of owners of motor vehicles.
2. The units of traffic police force, the police force involved and the insurer is responsible for coordinating the implementation of compulsory insurance of civil liability motor vehicle under the provisions of this circular and the other provisions of the relevant laws.

3. The Ministry of finance, the Ministry of public security organized summary, summarizing, evaluating the results of coordinated implementation of the provisions of this circular and the provisions of the law on compulsory insurance of civil liability of owners of motor vehicles, the organization commended the organizations and individuals who have achievements in the implementation of compulsory insurance of civil liability of motor vehicle owners and rules of this circular.
4. In the process of implementation, if any obstacles and difficulties suggest that timely reflection of Management Agency, insurance supervision (Ministry of Finance) and the General Directorate of police (The police) to timely direction./.

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