Circular 16/ttlt-Btc-Bca: Guide The Coordinated Implementation Of The Regime Of Compulsory Insurance Of Civil Liability Of Owners Of Motor Vehicles

Original Language Title: Thông tư liên tịch 16/2007/TTLT-BCA-BTC: Hướng dẫn việc phối hợp thực hiện chế độ bảo hiểm bắt buộc trách nhiệm dân sự của chủ xe cơ giới

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Pursuant resolution No. 32/2007/NQ-CP on 29/6/2007 of the Government on some of the urgent solution to curb traffic accidents and traffic jams;

Pursuant to the provisions of the law on the implementation of the regime of compulsory insurance of civil liability of motor vehicle owners;

The Ministry of public security and the Ministry of Finance shall guide the coordinated implementation of the regime of compulsory insurance of civil liability of owners of motor vehicles are as follows: i. GENERAL PROVISIONS 1. Scope this circular guidance on modes of coordination between the Ministry of public security and the Ministry of finance in the implementation of the propaganda, education; monitoring, check; Census to resolve traffic accident; handle the insurance business, motor vehicle in violation of the regulations of compulsory insurance of civil liability of owners of motor vehicles.

2. The principle of coordination Ministry of public security, the Ministry of finance, within the scope of functions and tasks, the Agency directed the management scope for coordination in the implementation of the provisions of the law on compulsory insurance of civil liability of owners of motor vehicles; not troubling, damage to the Organization, individuals involved in this type of insurance.

II. SPECIFIC PROVISIONS 1. The responsibility of the Ministry of public security, Ministry of public security direction the agency administered domain performs the following: 1.1. Traffic police and police forces other people concerned through patrols and handling administrative violations of car owners and drivers in traffic means no, not carry the certificate of insurance of civil liability of owners of motor vehicles in accordance with the provisions of the law.

1.2. When traffic accidents occur, the traffic police force, the police have the responsibility to inform the insurer, to tackle the consequences, depending on the nature of each traffic accident to provide the documents related to the accident (copy) for insurance business , such as: 1.2.1. Report on the examination of the scene of the accident;

1.2.2. Report on the examination of vehicles involved in the accident;

1.2.3. Diagrams of the accident;

1.2.4. A crash scene photos (if available).

After the end of the investigation, handling of the traffic police force, the police are responsible for subsequent resolution thereon provided traffic accidents have assign fault of the parties, the conclusion of the investigation and the other investigations of the documents (if any) for the insurer to have the base compensation as prescribed.

1.3. timely notice to the insurer of the employee insurance sales, insurance agents in violation of the provisions of the law on compulsory insurance of civil liability of motor vehicle owners.

1.4. In coordination with the Ministry of finance in checking, monitoring to prevent the Organization, individuals have profited behavior and insurance fraud.

2. The responsibility of the Ministry of finance, Ministry of finance is responsible for directing the unit in its management scope made the following: 2.1. Steer, Vietnam Insurance Association guidelines, the insurers and the relevant agency advocacy organisation, popularity and a full explanation about the content, meaning, the purpose of the regime of compulsory insurance of civil liability of owners of motor vehicles to the car owners understand the benefits their obligation, when insured.

2.2. Steering the insurer to create favorable conditions for the owners of motor vehicles insured through the extensive organization system provides compulsory insurance of civil liability of motor vehicle owners, quick compensation settlement.

2.3. the Agency provides regular traffic police and police forces other people writing new legislation related to the regime of civil liability insurance of owners of motor vehicles to coordinate implementation.

2.4. Sanctioning administrative violations the insurer violated the regime of compulsory insurance of civil liability of motor vehicle owners in accordance with the law.

2.5. Hosted, in cooperation with the Ministry of public security in checking, monitoring to prevent the Organization, individuals have profited behavior and insurance fraud.

3. Regarding funding support for coordination between the activities of units within the management of the Ministry of public security and the Ministry of finance 3.1. The insurer is responsible for paying the cost of copies of documents related to a traffic accident because police agencies provided as prescribed in point 1.2, section II to this circular.

3.2. The Ministry of finance is responsible for directing the business of insurance in collaboration with the Vietnam Insurance Association funding contribution from the Fund and ensure traffic safety (hereinafter referred to as the Fund) to support coordinated activity of traffic police force.

3.2.1. The level of contribution funding to assist in the inspection, handling the Organization, individuals violating the regime of compulsory insurance of civil liability of motor vehicle owners and to support operation ensures safety order of traffic police and police forces of the other people involved does not exceed 20% of the total amount of food donations to the annual fund of the casualty insurance business the business of compulsory insurance of civil liability of motor vehicle owners.

3.2.2. support funding to be used as follows:-to support the Organization of the Conference summary, summary of traffic safety; advocacy, guidance, advocacy and legislation of compulsory insurance of civil liability motor vehicle and traffic safety.

-Support awards of achievement for the Organization, individuals directly employed or involved in coordination of inspection, monitoring the implementation of the regime of compulsory insurance of civil liability of motor vehicle owners and ensure traffic safety investment order.

-Support the repair of equipment, means of ensuring traffic safety investment order.

3.2.3. on 15 June 01 of every year, the Finance Ministry directed the Vietnam Insurance Association informed the Ministry of public security (Police Bureau) total funding expected from advocacy Fund and ensure traffic safety to support coordinated activity of traffic police force and make the transfer of funds to the Ministry of public security (General Department Sight suicide) as prescribed.

3.2.4. The General Department of police receiving, managing, using funds on according to the contents specified in point 3.2.2, section II of this circular are responsible to report the Ministry of Finance (Insurance Services) the use of the funds have been granted during the year (details under each genus content) at the latest on 15 January the following year.

III. IMPLEMENTATION 1. This circular has the effect after 15 days from the Post Gazette.

2. The units of traffic police force, the police force of the other people involved and the insurer is responsible for coordinating implementation.

3. The Ministry of public security, the Ministry of finance organized summary, summarizing, evaluating the results between the two ministries, the organization commended the organizations, individual achievement in implementing the regime of compulsory insurance of civil liability of motor vehicle owners and the provisions of this circular.

4. In the process of implementation, if there arises a difficult obstacles suggest that timely reflection of the General Department of police (Ministry of public security) and Insurance Services (Ministry of Finance) to timely direction./.

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