The Decree 103/2008/nd-Cp: Regarding Compulsory Insurance Of Civil Liability Of Owners Of Motor Vehicles

Original Language Title: Nghị định 103/2008/NĐ-CP: Về bảo hiểm bắt buộc trách nhiệm dân sự của chủ xe cơ giới

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Decree on compulsory insurance of civil liability of owners of motor vehicles _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Bases of the civil code on June 14, 2005;
Pursuant to the law on insurance business 9 December 2000;
Pursuant to the law on road traffic, 29 June 2001;
Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Considering the recommendation of the Minister of finance.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on compulsory insurance of civil liability of owners of motor vehicles; the rights and obligations of the motor vehicle, the insurer; the responsibility of ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central in the implementation of compulsory insurance of civil liability of owners of motor vehicles.
Article 2. Application object 1. The motor vehicle in traffic on the territory of the Socialist Republic of Vietnam.
2. The insurer is allowed to implement compulsory insurance of civil liability of owners of motor vehicles in accordance with the law.
3. In the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this Decree shall apply to the provisions of international treaties.
Article 3. Explanation of terms 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.
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. "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.
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.
5. the "third parties" are the victims of physical, life, property caused by motor vehicles, except for the following: a. driving, car accessories on that vehicle;
b. the People on the bus and the passengers on that vehicle;
c. the owner of the vehicle unless the owner has delivered to the Organization, the other individual possession, using that car.
6. "Day" (time limits) specified in this Decree is on work.
Article 4. Motor vehicle insurance fund 1. Motor vehicle insurance fund by the insurer close to used for the following purposes: a. the precautionary work limit losses, road traffic accidents;
b. advocacy organisation, education about road traffic safety and the regime of compulsory insurance of civil liability of owners of motor vehicles;
c. humanitarian support for the damage occurring to third persons and passengers became specialized in the car caused by motor vehicles in the event of undetermined cause car accidents or car insurance;
d. funeral expenses support in the event of the exclusion of insurance specified in article 13 of this Decree;
Sync support rewarding achievement for police forces in control of the 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;
e. support to build a database of compulsory insurance of civil liability of owners of motor vehicles;
g. other purposes to support collaboration, directing the implementation of compulsory insurance of civil liability of owners of motor vehicles.
2. The insurer is responsible to extract a minimum of 2% of the turnover of free compulsory insurance of civil liability of owners of motor vehicles every year to close on motor vehicle insurance Fund.
Article 5. The database of compulsory insurance of civil liability of owners of motor vehicles 1. The database was built to statistics, updated and complete information related to motor vehicles and the motor vehicle in traffic and join the compulsory insurance of civil liability of owners of motor vehicles; service for the management of the State, activities of the insurer and the supervision of the people.
2. The Ministry of finance, in collaboration with the relevant agency guide Vietnam Insurance Association, the insurer to develop databases on compulsory insurance of civil liability of owners of motor vehicles.
Chapter II COMPULSORY INSURANCE of CIVIL LIABILITY of OWNERS of MOTOR VEHICLES article 6. The principle of insurance 1. The motor vehicle must participate in mandatory insurance of civil liability of owners of motor vehicles according to the provisions of this Decree and rules, terms, costs of compulsory insurance of civil liability of owners of motor vehicles by the Department of finance regulations.
2. The motor vehicle is not simultaneously involved two contracts of obligatory insurance of civil responsibility and over for the same vehicle.
3. In addition to the contract of compulsory insurance of civil liability, motor vehicle owners can deal with the insurer to join the voluntary insurance.
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. through tenders;
d. 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 approved in writing.
Article 7. The scope of compensation of damage 1. Damage to physical, life and property with respect to the third party caused by motor vehicles.
2. Damage to your body and your life according to the contract of carriage of passengers by motor vehicles cause.
Article 8. Insurance of civil liability of owners of motor vehicles 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 insurance of civil responsibility between the motor insurance business.
2. When the compulsory insurance of civil liability of owners of motor vehicles, motor vehicle insurance business was granted the certificate of insurance. The insurer only certificate of insurance for motor vehicle owners when the motor was close enough. The particular case by the Ministry of finance regulations.
3. The specific provisions about financial model insurance certificate to apply unified management and within the country.
Article 9. Insurance and liability insurance 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 2. 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 in each crash that occurs in the scope of liability insurance.
3. The financial regulation Sets the fees and liability insurance.
Article 10. Duration and effect of insurance 1. The deadline indicated on the certificate of insurance is one year, in the following cases, the insurance period can under 01 year: a. foreign motor vehicles temporarily enter the re-export of time in traffic on the territory of the Socialist Republic of Vietnam under 12 years;
b. the Annual expiry date of vehicles less than one year under the provisions of the law.
2. Effective coverage start and finish by the deadline stated on the insurance certificate 3. Within the validity 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.
Article 11. Cancel the insurance contract 1. The insurance contract only be cancelled in the following cases: a. 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 vehicle be lost are the police confirm;
d. motor vehicles damaged unusable or destroyed due to traffic accidents involving public security; temporary vehicle import, re-export.
2. The motor wants to cancel the insurance contract must be notified in writing to the insurer with the insurance certificate you want to cancel and the evidence of motor vehicles to cancel the insurance contract as defined in paragraph 1 of this article.
The insurance contract is terminated from the time the insurer receives notice of cancellation of insurance contract.
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.
4. in case the motor vehicle does not have notice of the cancellation of the contract of insurance, but insurers have specific evidence about the vehicles to cancel the insurance contract as defined in paragraph 1 of this article, 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.
Article 12. Damage assessment

1. When the accident occurred, the insurer or the person authorized by the insurer 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.
2. where the motor vehicle is not uniform on the cause and extent of damage caused by the insurer to determine, the two parties agreed to select independent examiners perform the assessment. In case the parties cannot get agreement on 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.
3. 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.
4. in exceptional cases can 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.
Article 13. The exclusion of non-insurance business insurance compensation for the following cases: 1. The Act of intentionally causing damage to the vehicle owner, driver, or of the victims.
2. Driving caused the accident deliberately run does not perform civil liability of vehicle owners, the motor drive.
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.
4. Damage caused indirect consequences such as rising trade values, damages associated with the use and exploitation of the property damage.
5. Damage to property is stolen or robbed in the accident.
6. The war, terrorism, earthquakes.
7. Damage to special properties include: gold, silver, gemstones, money, valuable papers such as money, antiques, rare pictures, body, remains.
Article 14. The compensation guidelines 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.
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.
3. Compensation insurance: a. compensation coverage about the person: to be determined based on the specified table to pay compensation to persons specified by the Ministry of finance;
b. the extent of compensation for damage to property: to be determined according to the actual damage and according to the degree of fault of the motor vehicle.
4. The insurer has no responsibility to compensate the part exceeding the liability insurance as specified by the Ministry of finance.
5. The 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 the first insurance contract.
Article 15. Claim 1. Claim by the insurer to set up includes the following documents: a. the document relating to the vehicle, driver;
b. The evidence of damage to person and property;
c. related documents of the competent authorities about the accident.
2. An insurer, motor vehicle owners are responsible for gathering, providing the relevant documents in the claim.
3. The specific guide financial claim.
Article 16. The time limit for the request, payment and claim 1. 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.
2. within 5 days from the date of accident (except in cases of force majeure), the motor vehicle must send notice in writing to the insurer accompanied by the documents specified in the claim records are the responsibility of the motor vehicle;
3. The time limit for the payment of compensation by the insurer is fifteen days after receiving the claim liability of motor vehicle owners and not more than 30 days in the case must proceed to verify the record.
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.
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.
Article 17. The rights of owners of motor vehicles 1. The insurance business was selected to participate in the compulsory insurance of civil liability of owners of motor vehicles.
2. request the insurer explained, providing information related to the delivery, implementation and the cancels the insurance contract.
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.
4. Ask the insurer to indemnify fast, adequate and timely according to the contract of insurance.
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.
6. Other rights prescribed by law Article 18. Obligations of owners of motor vehicles 1. Must attend and complete closing of compulsory insurance of civil liability of owners of motor vehicles according to the provisions of this Decree. When buying insurance, motor vehicle owners have to provide full and honest the content has to be specified in the certificate of insurance.
2. Create conditions favorable to the insurer to review the condition of the vehicle before the insurance certificates.
3. in case of change of these elements as the basis for the calculation of premiums, resulting in increased the risks covered, the motor vehicle must promptly notify the insurer to apply the appropriate premium for the remaining period of the contract of insurance.
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.
5. Compliance with the regulations on the safety of road traffic.
6. When traffic accidents occur, the motor vehicle must have the responsibility to: a. 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 be moving, dismantling or repair the property when no comments are approved by the insurer; except where necessary to ensure safety, to limit damage to persons and property, or to enforce at the request of the competent authority.
c. motor vehicle must provide the documents in the record of the claim and create favorable conditions for insurers in the process of verifying the document.
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 clause 1 article 11 of this Decree.
8. Other responsibilities prescribed by law article 19. Rights of insurer 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.
2. Require 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.
3. Suggest that police agencies to provide copies of the documents relating to the accident as defined in paragraph 3 of this Decree 22 Thing.
4. Denial of compensation for those not in the case of liability insurance.
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.
6. Other rights prescribed by law.
Article 20. Obligations of the insurer 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 the Ministry of finance. 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 2. 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.
3. Must use model insurance certificate in accordance with the Finance Ministry to give the motor vehicle;
4. Not support resellers civil liability insurance 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.
5. Do not be promotional in any form for compulsory insurance of civil liability of owners of motor vehicles;

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.
7. Pay compensation quickly and accurately under the provisions of this Decree.
8. Within 15 days before the expiry of the insurance must notify the motor vehicle on the expiry of the insurance contract.
9. Extract minimum 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.
10. Right separate accounting revenue premiums, commissions, compensation and expenses relating to compulsory insurance of civil liability of owners of motor vehicles;
11. 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 under the guidance of the Ministry of finance.
12. Ministry of finance report on the implementation of compulsory insurance of civil liability of owners of motor vehicles periodically or when required.
13. Subject to the checking, monitoring of the competent State organs in the implementation of compulsory insurance of civil liability of owners of motor vehicles.
14. Other responsibilities prescribed by law chapter III RESPONSIBILITIES of the ministries and PEOPLE'S COMMITTEES of provinces and CITIES UNDER CENTRAL article 21. The responsibility of the Ministry of finance 1. Hosted, in cooperation with the Ministry of public security, the ministries concerned and the people's committees of provinces and cities under central guidance, advocacy and implementation of compulsory insurance of civil liability of owners of motor vehicles;
2. Promulgation of rules, terms and fees of compulsory insurance of civil liability of owners of motor vehicles;
3. Regulating the issue, manage and use model insurance certificate.
4. Guide the record claim.
5. the annual contribution rates regulations and issue management, use, billing, settlement fund of motor vehicle insurance.
6. direct or chaired, in cooperation with the relevant bodies to check and supervise the business of insurance in the implementation of compulsory insurance of civil liability of owners of motor vehicles;
7. Directs the force functions of administrative violation sanction the insurer violated the regulations on compulsory insurance of civil liability of owners of motor vehicles according to the provisions of this Decree and the other provisions of the relevant laws.
8. the Chairman, in collaboration with the relevant agency guide Vietnam Insurance Association, the insurer to develop databases on compulsory insurance of civil liability of owners of motor vehicles;
Article 22. The responsibility of the Ministry of public security 1. In collaboration with the Ministry of finance and the relevant instructions, propaganda made compulsory insurance of civil liability of owners of motor vehicles;
2. Directing traffic police and other police forces to monitor and check the motor vehicle in the: a. require the motor to produce an insurance certificate validity check level vehicle registration;
b. through patrols detect and handle administrative violations of the motor vehicle in traffic does not have or does not carry insurance certificate is valid; require car owners to buy insurance.
3. Directs the traffic police force, police provided copies of the documents related to the traffic accident to the insurer to settle compensation, including: a. the minutes of examination of the scene of the accident;
b. diagrams, a photo (if available);
c. report on the examination of media-related accidents;
d. notice of preliminary results of the initial investigation of traffic accidents;
DD. Other documents related to the accident (if available).
4. Directing the traffic police and other police forces in collaboration with the relevant units of the Ministry of finance in checking, monitoring of insurance businesses in the implementation of compulsory insurance of civil liability of owners of motor vehicles;
5. Direct the traffic police and other police forces to make sharing and connect database systems on vehicles due to its industry database on the management of compulsory insurance of civil liability of owners of motor vehicles.
Article 23. The responsibility of the Ministry of transportation 1. In collaboration with the Ministry of finance and the relevant instructions, propaganda made compulsory insurance of civil liability of owners of motor vehicles;
2. Directs the Agency posted the check out when the technical safety inspection of motor vehicles must require the motor to produce an insurance certificate. Register Agency provided only stamps and window safety auditing techniques for motor vehicles as car owners have insurance certificate is valid.
3. In coordination with the Ministry of finance in checking, monitoring of insurance businesses in the implementation of compulsory insurance of civil liability of owners of motor vehicles;
4. Do share and connect database systems on vehicles due to its industry database on the management of compulsory insurance of civil liability of owners of motor vehicles;
5. In cooperation with the relevant authorities adopt the measures about the room and limit losses in road traffic as prescribed by law.
Article 24. The responsibility of the Ministry of health directs the medical facility of the Central and local levels in providing copies of medical records, the documents relating to the emergency, treat the victims of an accident on road traffic in order to create conditions for the insurer to quickly finalize claim ensure the rights of the insured.
Article 25. The responsibility of the Ministry of information and communication 1. The news agency, the Central and local newspapers often propaganda, popular on compulsory insurance of civil liability of owners of motor vehicles;
2. Vietnam television station, radio voice of Vietnam spend the amount of time given to regular broadcast propaganda, popular on compulsory insurance of civil liability of owners of motor vehicles.
Article 26. The responsibility of ministries, ministerial agencies, other government agencies 1. In collaboration with the Ministry of finance in checking, monitoring the implementation of compulsory insurance of civil liability of owners of motor vehicles;
2. Perform other duties in the authority as prescribed by law.
Article 27. The responsibility of the provincial people's Committee, the city in Central 1. Directing the relevant authorities, the authorities organized the implementation of compulsory insurance of civil liability of owners of motor vehicles in the area.
2. Direct the news agencies, the regular local press advocacy, dissemination of compulsory insurance of civil liability of owners of motor vehicles;
3. Directs the traffic police and other police forces involved in inspecting, handled the motor vehicle does not participate in compulsory insurance of civil liability of owners of motor vehicles;
4. Perform other duties in the authority.
Article 28. The responsibility of the national agency of Vietnam implemented the program of compulsory insurance of motor vehicle ASEAN.
1. Vietnam national authorities implement the program of compulsory insurance of motor vehicle ASEAN (national agency of motor vehicle insurance) is the permanent body to help the ministries involved in the direction of monitoring the implementation of compulsory insurance of civil liability of owners of motor vehicles;
2. The Ministry of finance functions, tasks and organization of the activity of the national agency of motor vehicle insurance.
Chapter IV PROCESSING of VIOLATING section 1 of the VIOLATION, and the SANCTION FORMS Article 29. Sanction the violation of rules of the insured motor vehicle operator's 1. A fine of 100,000 VND for the driver of motorcycles, mopeds, motorcycles, tricycles and other similar motorized vehicles do not have or do not carry the certificate of insurance.
2. A fine of 500,000 đồng for drivers of cars, tractors, and other similar motorized vehicles do not have or do not carry the certificate of insurance.
Article 30. Sanctioning violations of rules on insurance sales declined 1. A fine bronze 50,000,000 for insurers; fine of 10,000,000 VND for the Director-General (Director) and the relevance of the insurer has denied selling compulsory insurance of civil liability of owners of motor vehicles;
2. in case of re-offense violation of the provisions in paragraph 1 of this article, the insurer and the individual fines prescribed in clause 1 of this article; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 31. Sanctioning violations of regulations on insurance certification form 1. A fine bronze 50,000,000 for insurers; a fine bronze 50,000,000 for the Director-General (Director) and the person concerned of the insurance business using the certificate of insurance for motor vehicle owners are not properly regulated by the Ministry of finance;
2. within 10 days from the date of the decision on sanctions, the insurer was forced to revoke the certificate of insurance was issued and made again a new insurance certificate for the motor vehicle in accordance with the regulations of the Ministry of finance.
3. in case of re-offense violation of in paragraph 1 of this article, the insurer and the individual fines prescribed in clause 1 of this article; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 32. Sanctioning violations of regulations on insurance period 1. Fine of 30,000,000 VND for the insurance business; Fine of 30,000,000 VND for the Director-General (Executive Director) and the relevance of the insurance business Act does not comply with the insurance period specified in clause 1 article 10 of this Decree.

2. within 10 days from the date of the decision on sanctions, the insurer was forced to revoke the certificate of insurance was issued and made again a new insurance certificate for the motor vehicle in accordance with the prescribed time limit and applies the appropriate fee.
3. in case of re-offense violation of the provisions in paragraph 1 of this article, the insurer and the individual fines prescribed in clause 1 of this article; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 33. Sanctioning violations of provisions on premiums 1. Fine copper copper 70,000,000 to 50,000,000 for insurers; fine copper copper 70,000,000 to 50,000,000 for the Director-General (Director) and the relevance of the insurance business Act does not comply with the premium due to the Ministry of finance regulations.
2. within 10 days from the date of the sanction decision, insurers are forced to adjust premiums for civil liability for motor vehicles as prescribed.
3. in case of re-offense violation of the provisions in paragraph 1 of this article, the insurer and the individual fines prescribed in clause 1 of this article; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 34. Sanctioning violations of provisions on liability insurance 1. A fine of 30,000,000 50,000,000 for the fellow to fellow insurer; a fine of 30,000,000 50,000,000 for copper to copper, ceo (Director) and the relevance of the insurance business Act non-compliance liability insurance due to the Ministry of finance regulations.
2. within 10 days from the date of the decision on sanctions, the insurer was forced to adjust the level of liability insurance in accordance with the regulations.
3. in case of re-offense violation of the provisions in paragraph 1 of this article, the insurer and the individual fines prescribed in clause 1 of this article; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 35. Sanction the violation of rules of the Insurance Commission pay, support agents 1. Fine copper copper 70,000,000 to 50,000,000 for insurers; fine copper copper 70,000,000 to 50,000,000 for the Director-General (Executive Director), Chief Accountant and the person concerned of the insurer has paid the Insurance Commission underestimated due to the Ministry of finance regulations.
2. A fine of 70,000,000 Council for insurance business; a fine bronze 70,000,000 for the Director-General (Executive Director), Chief Accountant and the person concerned of the insurer performing one of the following violations: a. Pay the Insurance Commission incorrectly defined object;
b. support the mandatory insurance of civil liability of owners of motor vehicles as defined in paragraph 4 to article 20 of this Decree.
3. within 30 days from the date of the decision on sanctions, the insurer was forced to withdraw the entire amount was spent wrongly due to violations of the provisions of paragraph 1, paragraph 2 of this Article.
4. in case of re-offense violation of the provisions of paragraph 1, paragraph 2 of this article, the insurer and the individual fines prescribed in clause 1 or clause 2 of this Thing; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 36. Penalizing violations of regulations on promotion 1. A fine bronze 50,000,000 for business insurance, General Manager (Director), Chief Accountant and the person concerned of the insurer are violations of the provisions in clause 5 article 20 of this Decree.
2. in case of re-offense violation of paragraph 1 of this article; the insurer and the individual fines prescribed in clause 1 of this article; at the same time the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 37. Penalizing violations of regulations on cancellation of the insurance contract 1. 20,000,000 same fines against insurers behaving arbitrarily cancelled the contract of insurance of civil liability of owners of vehicles in the event of cancellation of insurance contract specified in clause 1 article 11 of this Decree.
2. within 10 days from the date of the decision on sanctions, the insurer was forced to reinstate the contract of insurance has been canceled.
Article 38. Penalizing violations of regulations on compensation insurance 1. Fine of 10,000,000 VND for business insurance, General Manager (the Director) and the person concerned make compensation are not properly regulated.
2. A fine of 30,000,000 VND to 70,000,000 Council for one of the following acts: a. insurance business, General Manager (the Director) and the person concerned acts require the beneficiary to pay insurance benefits, remuneration or other material benefits against the law in the process of compensation , pay insurance;
b. individuals, organizations have profited acts to receive compensation, pay insurance;
c. officers, employees of the insurer complicity with the beneficiary coverage to resolve compensation insurance, pay a premium for the purpose of unlawful advantage;
d. the insurer refused to service the insurance compensation has been delivered.
3. within 30 days from the date of the decision on sanctions, the insurer was forced to compensate properly prescribed. Individuals, organizations are forced to repay the entire amount has been obtained due to violations of the rules in points a, b and c of paragraph 2 of this Article.
4. for violations specified in point a, c and d of paragraph 2 of this article, in addition to being a fine insurers were considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for motor vehicle insurance business.
Article 39. Sanction the violation of accounting regulations 1. Fine of 30,000,000 VND for the insurance business; fine of 10,000,000 VND for the Director-General (Executive Director), Chief Accountant and the person concerned of the insurer violated clause 10 article 20 of this Decree.
2. within 30 days from the date of the sanction decision, insurers are forced to make provisions in paragraph 10 article 20 of this Decree.
Article 40. Penalizing violations of rules on Insurance Fund contribution of motor vehicles 1. A fine bronze 20,000,000 for insurers; a fine bronze 20,000,000 for the Director-General (Director) of the insurer performing one of the following acts: a. close the motor vehicle insurance Fund is not properly defined period;
b. close the motor vehicle insurance Fund not enough of the money rules.
2. within 30 days from the date of the decision on sanctions, the insurer was forced to implement fully the amount on a motor vehicle insurance Fund according to the regulations.
Article 41. Penalizing violations of regulations on reporting, statistics 1. A fine bronze 20,000,000 for insurers; a fine bronze 20,000,000 for the Director-General (Executive Director), Chief Accountant of the insurer to make one of the following violations: a. statistical report, business report incomplete content, form or not on time as prescribed;
b. do not build and operate information technology systems, the database of compulsory insurance of civil liability of owners of motor vehicles according to the time limit prescribed by the Ministry of finance.
2. within 30 days from the date of the sanction decision, insurers are forced to perform statistical reporting, business reporting full content, the prescribed form; make plans to build and operate information technology system, the compulsory database of civil liability of owners of motor vehicles according to the time limit prescribed by the Ministry of finance.
3. in case of re-offense violation of the provisions in paragraph 1 of this article, the insurer and the individual fines prescribed in clause 1 of this article, the insurer was considering measures to suspend activity that time limit or narrow the content, scope and geographical activities in the establishment and operation license for the insurance professional motor vehicles.
Section 2 JURISDICTION and PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 42. The authority sanction 1. The financial inspection and related professional inspector in the Ministry of finance sanctioning administrative violations of the compulsory insurance of civil liability of owners of motor vehicles with regard to the insurance business prescribed in article 38 Ordinance on handling administrative violations and article 1 amending Ordinance , the addition of some articles of the Ordinance on handling administrative violations and as specified in this Decree.
2. the people's public security authority sanctioning administrative violations of the compulsory insurance of civil liability of owners of motor vehicles for motor vehicles as defined in paragraph 6 article 1 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations and as specified in this Decree.
43 things. Apply the provisions of the relevant legislation on the handling of administrative violations 1. Sanction guidelines; time sanction; order and procedure of sanction; the currency, the fine is made according to the provisions in the Ordinance on handling administrative violations and enforcement guidance documents.
2. The administrative violations in the field of insurance business was sanctioned under the provisions of this Decree are not sanctioned in accordance with the laws of other sanctions.
Chapter V

TERMS OF IMPLEMENTATION of Article 44. Effective enforcement of this Decree has effect after 15 days from the date The report and replacing Decree No. 117/1997/ND-CP dated 17 December 1997 from the Government about the regime of compulsory insurance of civil liability of owners of motor vehicles.
Article 45. Implementation 1. The Ministry of finance, in cooperation with the Ministry of public security and related agencies guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
 

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