Circular No. 126/2008/tt-Btc Rules: Rules, Terms, Fees And Liability Compulsory Insurance Of Civil Liability Of Owners Of Motor Vehicles

Original Language Title: Thông tư 126/2008/TT-BTC: Quy định Quy tắc, điều khoản, biểu phí và mức trách nhiệm bảo hiểm bắt buộc trách nhiệm dân sự của chủ xe cơ giới

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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, the Ministry of finance regulation rules, terms, fees and liability compulsory insurance of civil liability of owners of motor vehicles are as follows : i. GENERAL PROVISIONS 1. Scope this circular stipulates rules, terms, fees and liability compulsory insurance of civil liability of owners of motor vehicles. Motor vehicles, insurers are allowed to implement compulsory insurance of civil liability of owners of motor vehicles and the organizations and individuals involved have a responsibility to comply with the provisions of this circular and the other provisions of the relevant laws.

2. Object 2.1 application. The motor vehicle in traffic on the territory of the Socialist Republic of Vietnam.

2.2. The insurer is allowed to implement compulsory insurance of civil liability of owners of motor vehicles in accordance with the law.

3. Explanation of terms 3.1. "Insurer" is the established business and insurance business in Vietnam and are allowed to implement compulsory insurance of civil liability of owners of motor vehicles.

3.2. "motor vehicle" (organization or individual) is the owner of the motor vehicle or motor vehicle owners to possess, use, control of motor vehicles.

3.3. "motor vehicle" includes cars, motorcycles, tractors, motorcycles, 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), two-wheeled motorcycles, three wheel motorcycles , motorcycle and motor vehicles (including motor vehicles for the disabled) have participated in the traffic.

3.4. "passengers" is the person being transported on the vehicle according to the contract of carriage of passengers in the form of provisions in the civil code.

3.5. the "third parties" are the victims of physical, life, property caused by motor vehicles, except for the following: a) on the car side, driving that vehicle;

b) Person on the vehicle and passengers on that vehicle;

c) car owners unless the owner has delivered to the Organization, the other individual possession, using that car.

3.6. the "on" (time limits) specified in this circular is working on.

4. principles of insurance 4.1. The motor vehicle in traffic on the territory of the Socialist Republic of Vietnam to participate in compulsory insurance of civil liability of owners of motor vehicles according to the provisions of this circular and the other provisions of the relevant laws.

4.2. The motor vehicle is not simultaneously involved two contracts of obligatory insurance of civil responsibility and over for the same vehicle.

4.3. In addition to the contract of compulsory insurance of civil liability, the motor vehicle may be agreed upon with the insurer to join the voluntary insurance.

4.4. The insurer is entitled to actively sell the compulsory insurance of civil liability of owners of motor vehicles under the following forms: a) directly;

b) through insurance agents, insurance brokers;

c) other forms consistent with the provisions of the law.          

The case of the sale of compulsory insurance of civil liability of owners of motor vehicles through the insurance agents insurance agent must meet the criteria as defined in the insurance business law and other documents guiding the implementation of, the provisions of the relevant laws.

The insurer may not use agents sell insurance of civil liability of owners of motor vehicles of other insurance business unless the insurer that the written consent and the insurer must provide a certificate of insurance agents as prescribed.

5. The scope of damages 5.1. Damage to physical, life and property with respect to the third party caused by motor vehicles.

5.2. Damage to your body and your life according to the contract of carriage of passengers by motor vehicles cause.

II. SPECIFIC PROVISIONS 1. Insurance of civil liability of owners of motor vehicles 1.1. Certificate of compulsory insurance of civil liability of owners of motor vehicles (hereinafter referred to as certificates of insurance) is proof of contracts of compulsory insurance of civil liability only between the motor and the insurer. Each vehicle was level 1 certificate of insurance. Motor vehicle insurance certificate is lost must have text suggested the insurer (which was issued a certificate of insurance) insurance certificate again.

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).

1.3. release, management and use of certificates of insurance: a) the insurer is allowed to self in the insurance certificate in accordance with the form prescribed by the Ministry of finance in Appendix 1 and Appendix 2 attached to this circular. Certificate of compulsory insurance of civil liability of owners of motor vehicles are in private, separate from the voluntary insurance certificate (if available). The case of the insurer to pair the certificate of compulsory insurance of civil liability of owners of motor vehicles and motor vehicle voluntary insurance, then follow the instructions in Appendix 3 attached to this circular.

b) certificate of insurance must be in the sequence of natural numbers, order from small to large.

c) insurance certificate must be used in the correct order the insurance certificate of each volume, no number (unless a written wrong need to cancel or eliminating the number is in line with the regulations specific to the process management of the business of insurance. The certificate of insurance was cancelled to be crossed, clearly is canceled and must be fully stored in the insurance business).

d) the insurer must fully record the information specified on the insurance certificate. The information recorded on the certificate of insurance for motor vehicle owners must match the information in the link saved in the insurance business.

DD) the insurer is responsible for implementation of open books track the issuance, use and the use of the certificate of insurance, make sure to regularly manage are details for each certificate of insurance.

e) insurers must build process issue, manage and use the insurance certificate guarantee the above mentioned regulations.

2. The duration and effect of insurance 2.1. 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.

2.2. Insurance period indicated on the certificate of insurance is 1 year. In the latter case, the insurance period can under 01 year: a) the motor vehicle temporary foreign import, re-export of time in traffic on the territory of the Socialist Republic of Vietnam under 12 years;

b) Minors of motor vehicles is under 1 year;

c) motor vehicles subject to temporary registration under the provisions of the law, including:-new automobile Assembly production and import circulation from warehouses, ports, factories, dealers sell the car to the place of registration or of the agent, the archive;

-Automotive procedures wiped to appeared on water;

-Cars are permitted to transit (except vehicles with the agreement signed by the State);

-Box chassis have the cockpit, no fuel tanks truck;

-Automotive testing;

-Car number plates bearing the economic trade zone under the provisions of the Government on domestic activity in Vietnam;

-New cars assembled in Vietnam running tests on public roads;

-Vehicle, sports Conference at the request of the Government or the Ministry of public security;

-The other vehicles were allowed to temporarily register according to the provisions of the law.

2.3. During the validity period indicated on the certificate of insurance, if the transfer of ownership of motor vehicles then all benefits related to insurance of civil liability of owners of old vehicles still in effect for new motor vehicles.

3. Insurance 3.1. Premium is the amount that the motor vehicle is close to the insurer when the compulsory insurance of civil liability of owners of motor vehicles. The premium of each type of vehicle are specified in annex 5 attached to this circular.

3.2. for motor vehicles are allowed to buy less insurance, as defined in point 2.2 of part II of this circular, the premium will be calculated based on the premiums specified in annex 5 of this circular and the corresponding deadlines are indicated on the insurance certificate of insurance. Calculation as follows: payable premium = premium year by motor vehicles x covered period (day) 365 (days) where the time limit of 30 days from the covered back down then the premium payable is calculated by the premiums in motor vehicles/(divide) for 12 months.

4. liability the liability insurance coverage 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 in each crash that occurs in the scope of liability insurance. Specifically the following: 4.1. Liability insurance for damage to persons caused by motor vehicles is 50,000,000/1 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 30,000,000 VND/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 50,000,000/1 crash.

5. Cancel the insurance contract 5.1. The insurance contract only be cancelled in the following cases: a) of motor vehicles revoked registration and number plates in accordance with the law;

b) motor vehicles off early expiry under the provisions of the law;

c) motor vehicles lost were the police confirm;

d) motor vehicles damaged unusable or destroyed due to the traffic accident was the police confirmed.

5.2. Motor vehicle owners to cancel the insurance contract must be notified in writing to the insurer accompanied by the certificate of insurance to cancel and the evidence of motor vehicles to cancel the insurance contract as defined in point 5.1 of part II of this circular.

The insurance contract is terminated from the time the insurer receives notice of cancellation of the insurance contract.

5.3. within 5 days from the date of the notice, the insurer must refund the motor 70% premium part of the time of cancellation. The insurer does not have to refund the insured in case of insurance contracts are in force, but the motor requires cancellation of the insurance contract the insurance event occurred and compensation liability insurance.

5.4. in case the motor vehicle does not have notice of the rescission of the contract of insurance, but insurers have specific evidence about the vehicles to cancel the insurance contract as defined in point 5.1 of part II of this circular, the insurer must notify the motor vehicle to make the procedure for cancellation of the contract. After 15 days from the date of the notice that the motor does not perform the procedure for cancellation of the contract of insurance, the insurance contract is cancelled.

6. Assessment of damage 6.1. When the accident occurred, the insurer or the insurer is authorized to coordinate closely with the motor vehicle, third party or the legal representative of the parties concerned implement the assessment of losses to determine the cause and extent of the losses. Results of the assessment must be made in writing signed by the parties concerned. The insurer responsible for inspection.

6.2. in case the motor vehicle is not uniform on the cause and extent of damage caused by the insurer to determine, the two sides may agree to choose independent examiners perform the assessment. In case the parties do not settle on the independent assessment, one of the Parties requested the Court where the loss or the residence of the motor vehicle specified independent assessment. The conclusions of the independent assessment of value required for parties.

6.3. in case of the conclusion of the independent examiner with the conclusion of the insurer, the insurer must pay the independent assessment. The conclusion of the independent assessment coincides with the conclusion of the insurance business, motor vehicle owners must pay for independent assessment.

6.4. in special cases may not perform the assessment, the insurance business is based on the conclusions of the competent authorities and the relevant documents to determine the cause and extent of damage.

7. Exclusion of non-insurance business insurance compensation for the following cases: 7.1. The Act of intentionally causing damage to the vehicle owner or the driver of the damaged person.

7.2. Driving caused the accident deliberately run does not perform civil liability of vehicle owners, the motor drive.

7.3. To drive without a valid driving license or driving license is not suitable for this type of motor vehicles are required to have a driver's license.

7.4. The damage caused indirect consequences such as rising trade values, damages associated with the use and exploitation of the property damage.

7.5. Damage to property is stolen or robbed in the accident.

7.6. The war, terrorism, earthquakes.

7.7. Damage to special properties include: gold, silver, gemstones, money, valuable papers such as money, antiques, rare pictures, body, remains.

8. The principle of indemnification 8.1. When the accident occurred, to the extent the liability insurance, the insurer must compensate for the motor vehicle motor vehicle owners were compensated or will have to compensate the victims.

The case of the motor vehicle die or suffer permanent injury, insurer direct compensation to the victims.

8.2. where necessary, the insurer must advance the necessary and reasonable costs within the scope of liability insurance in order to overcome the consequences of the accident.

8.3. Compensation insurance: a) compensation specific to each type of injury, damage to people who are determined by the specified table to pay compensation to persons prescribed in annex 6 attached to this circular. The case of the decision of the Court shall be based on the decision of the Court but not in excess of the liability insurance.

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.

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 motor vehicle, but not exceed the liability insurance.

8.4. The insurer does not have the responsibility to compensate the part exceeding the liability insurance as specified in item 4 of part II and annex 6 attached to this circular.

8.5. in case of the motor vehicle at the same time engaged in the contract of compulsory insurance of civil liability for the same vehicles, the amount of compensation is calculated only according to effect insurance coverage before.

9. Claim the insurer is responsible for coordination with the motor vehicle, the person who suffers damage, public safety agencies and organizations, other relevant individuals to collect material related to traffic accidents to claim. Claim include the following: 9.1. Documents related to the car, drive the car (A copy of the insurance business after having collated with the originals): a) vehicle registration Certificate;

b) driving licence;

c) certificates or passports or other identification of the driver;

d) insurance certificate.

9.2. Documents proving the damage (a copy of the medical facility or a copy certified by the insurer), depending on the extent of human losses can include one or more of the following documents: a trade certificate);

b) discharge Certificate;

c) certificate of surgery;

d) medical records;

DD) death certificate (in case of fatality victims).

9.3. Documents proving the damage on the property: a) invoice, voucher valid on repair, replacement of the damaged property due to traffic accidents caused by vehicles made at the base by the insurer or the consent of the insurer.

b) The proof of the necessary and reasonable costs that costs car owners to minimize losses or to follow the instructions of the insurer.

9.4. A copy of the relevant documents of the competent authorities about the crash: a) the minutes of examination of the scene of the accident;

b) diagrams, a photo (if available);

c) minutes of examination means related to accidents;

d) reported preliminary results of initial investigation of traffic accidents;

DD) other documents related to the accident (if available).

10. The deadline requested, payment and compensation 10.1 complaints. The duration of the claim of the motor vehicle is 10 years from the date of accident, unless delays due to objective causes and force majeure as defined by the law.

10.2. within 5 days from the date of accident (except in cases of force majeure), the motor vehicle must send a notice in writing in the form prescribed in Appendix 3 accompanied by the documents specified in the claim records are the responsibility of owners of motor vehicles attached to this circular for insurance business.

10.3. The time limit for the payment of compensation by the insurer is 15 days from receiving the compensation records are the responsibility of the motor vehicle and not exceeding 30 days in the case must proceed to verify the record.

10.4. in case of refusal of compensation, the insurer must be notified in writing to owners of motor vehicles to know the reason for refusal of compensation within 30 days of receiving the claim record.

10.5. Time of the insurance compensation is 3 years from the date the insurer paying compensation or denial of compensation. So the term on the right is no longer of value.

11. The rights of owners of motor vehicles 11.1. The insurance business was selected to participate in the compulsory insurance of civil liability of owners of motor vehicles.

11.2. Requires insurers to explain, provides information related to the delivery, implementation and cancellation of the insurance contract.

11.3. in case of change of these elements as the basis for the calculation of premiums to reduce the risks to be covered, have the right to request the insurer reduce the premiums fit for the remainder of the contract of insurance.

11.4. Require the insurer to indemnify rapidly, fully and in time according to the contract of insurance.

11.5. The motor vehicle is the production unit, the premium is calculated on the cost of doing business; the motor vehicle is the administrative agency, business units of the State, the premiums are arranged in funding the Agency's regular activities and units.

11.6. The other rights prescribed by law.

12. Obligations of owners of motor vehicles


12.1. Must participate fully and close the compulsory insurance of civil liability of owners of motor vehicles according to the provisions of this circular and the provisions of relevant laws. When buying insurance, motor vehicle owners have to provide full and honest the content has to be specified in the certificate of insurance.

12.2. creating favorable conditions to the insurer to review the condition of the vehicle before the insurance certificates.

12.3. in case there is a change of purpose of use of the car led to increase or decrease the risks covered, the motor vehicle must promptly notify the insurer to apply the appropriate premiums for the remaining period of the contract of insurance.

12.4. The motor must always carry a certificate of insurance is valid when in traffic, this license when required by the traffic police and the competent authorities under the provisions of other laws.

12.5. Compliance with the regulations on the safety of road traffic.

12.6. When traffic accidents occur, the motor vehicle must be responsible: a) immediately notify the insurer, to resolve, to actively heal, limiting the damage to people and property, protect the scene of the accident; at the same time notify the police or the local authorities nearest;

b) not move, remove or repair the property when no comments are approved by the insurer; except where necessary to ensure safety, precautions, limiting the damage to people and property, or to enforce at the request of the competent authority;

c) delivering documents in the claim prescribed in points 9.1, 9.2 and 9.3 (in case the insurer made repairs, to fix the damage, then the motor is not provided the documentation specified in point 9.3. a) of part II of this circular and created favorable conditions for insurers in the process of verifying the document.

12.7. The motor must be notified in writing to the insurer in the case of motor vehicles to cancel the insurance contract as defined in point 5.1 of part II of this circular.

12.8. The notice and pay compensation for the amount they are accident insurers charged for each case of damage to persons in accordance with the level of money prescribed in annex 6.

12.9. Other responsibilities prescribed by law.

13. Rights of the insurer 13.1. Costs of compulsory insurance of civil liability of owners of motor vehicles according to the regulations of the Ministry of finance. The case of the change of these elements as the basis for the calculation of premiums, leading to increased risks are covered, have the right to require motor vehicle owners filed more premium for the remaining period of the contract of insurance.

13.2. request the motor to provide full and honest the content has to be specified in the certificate of insurance; considering the condition of the motor vehicle before the insurance certificates.

13.3. Suggest the police provide a copy of the documents relating to the accident as defined in paragraph 3 Article 22 the Decree 103/2008/ND-CP.

13.4. Denial of compensation for those not in the case of liability insurance.

13.5. the revised recommendations, additional rules, terms, costs of compulsory insurance of civil liability of owners of motor vehicles conform with actual deployment of this type of insurance.

13.6. Other rights prescribed by law.

14. The obligation of the insurer to 14.1. Must sell compulsory insurance of civil liability of owners of motor vehicles in accordance with the rules, fees and liability insurance under the provisions of this circular. The case of the insurer receives notice of motor vehicles about change these factors as the basis for the calculation of premiums, leading to reduced the risks covered, the insurer must reduce the premiums for the rest of the insurance contract and reimburse the difference to the motor.

14.2. To organize extensive propaganda about the regime of compulsory insurance of civil liability of owners of motor vehicles; provides complete information related to insurance contracts and explain rules, terms and fees of compulsory insurance of civil liability of owners of motor vehicles for motor vehicles.

14.3. To use model insurance certificate as specified in annex 1, annex 2 and annex 3 (if any) attached to this circular to level for motor vehicle owners.

14.4. Not support agents sell insurance of civil liability of owners of motor vehicles in any form beyond the level of the insurance agent commissions are entitled under the rules of the Ministry of finance.

14.5. Not be promotional in any form for compulsory insurance of civil liability of owners of motor vehicles.

14.6. payment for the police costs shooting star the profile, report on the accident has been provided and is responsible for preserving the confidentiality of the investigation process.

14.7. Collect documents in the claim specified in point 9.3. a (case of the insurer performing repair, fix the damage) and 9.4 points to part II of this circular.

14.8. To notify the accident, motor vehicle owners know the amount of damages and the payment of compensation in accordance with the levels specified in annex 6 attached to this circular.

14.9. To pay compensation quickly and correctly according to the provisions of this circular and the other provisions of the relevant laws.

14.10 within 15 days before the expiry of the insurance must notify the motor vehicle on the expiry of the insurance contract.

14.11. Quoting a minimum of 2% of the turnover of free compulsory insurance of civil liability of owners of motor vehicles every year close to motor vehicle insurance Fund. The annual contribution level as prescribed by the Ministry of finance.

14.12. To separate accounting revenue premiums, commissions, compensation and other expenses relating to compulsory insurance of civil liability of owners of motor vehicles.

14.13. Build and operate information technology system to ensure the statistics and updated deployment situation of compulsory insurance of civil liability of owners of motor vehicles to ensure the connection to the database on compulsory insurance of civil liability of owners of motor vehicles. The database system must provide at a minimum the following information: a) the motor vehicle information:-the name of the car;

-Number of people's identification of the car or passport number (for individual vehicle owners);

-Contacts.

b) information on motor vehicle registration number plates:-;

-Trademarks;

-Type of vehicle;

-Coolant;

-Paint color;

-Year of manufacture;

-The number of the machine;

-Number of frames;

-Tonnage (cars);

-Number of seats (in the case of cars);

-The purpose of use of the vehicle (the business or non-business) (cars);

-The number of the certificate of insurance;

-Time of the effect of insurance;

-The time expired insurance;

-Insurance premiums;

-Filing fees;

-Issued invoices;

-Where a single level;

-The level menu.

c) recorded information about the number of times the cause of the accident, the number being processed in violation of the road traffic Law to drive motor vehicles.

-Number of times cause accidents (time, location, level of violation according to determine the fault of the police);

-Number of times have received compensation, the amount of compensation for each of the accident (details under each of the accident);

-Number of times dealt with traffic violations of driving (if available).

14.14. Ministry of finance report on the implementation of compulsory insurance of civil liability of owners of motor vehicles periodically or upon request, in particular: a) periodic reports made under the provisions of annex 7 and annex 8 attached to this circular.

b) in addition to the reporting provisions in annex 7 and annex 8, the insurer has the responsibility to report on the situation of compulsory insurance of civil liability of owners of motor vehicles upon request of the Ministry of finance.

Within a period of 2 years from the date of this circular effect, the insurer must build the database meet the regulations in part II of this circular 14.13 points.

14.15. Subject to inspection, supervision of the competent State organs in the implementation of compulsory insurance of civil liability of owners of motor vehicles.

14.16. Other responsibilities prescribed by law.

15. Dispute resolution any dispute arising from the insurance contract, if not resolved by negotiation between the parties concerned will be brought to court in Vietnam.

III. IMPLEMENTATION 1. This circular effect after 15 days from the Post Gazette, replacing decision No 23/2007/QD-BTC dated 9/4/2007 of the Minister of Finance on issuing the regime of compulsory insurance of civil liability of owners of motor vehicles.

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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