CIRCULAR guide perform a number of articles of Decree No. 130/2006/ND-CP on 08/11/2006 regulation modes of fire insurance, compulsory _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on 08/11/2006, the Government issued Decree No. 130/2006/ND-CP DATED regulations compulsory fire insurance (here written as Decree No. 130/2006/ND-CP) The Ministry of finance and the Ministry of public security of unification guidelines a number of articles of Decree as follows: i. SCOPE, SUBJECTS of APPLICATION 1. This circular guides the implementation modes of compulsory fire insurance for the property of the facility to buy fire insurance, compulsory; the liability of the insurer in the excerpt up funding for the operating room fires (hereafter abbreviated as FIRE FIGHTING) and the mechanism of granting, payment, settlement funds.
2. This circular apply to agencies, organizations, individuals are the basis of the danger of fires prescribed in Appendix 1 of Decree 35/2003/ND-CP dated 4/4/2003 detailing the implementation of a number of articles of the law on fire and fire (here written as Decree No. 35/2003/ND-CP) and the insurer allowed business fire insurance , compulsory.
II. Implementation MODES Of FIRE INSURANCE, COMPULSORY 1. Agencies, organizations, individuals are the basis of the danger of fires prescribed in Appendix 1 of Decree 35/2003/ND-CP have to buy compulsory fire insurance for the property of the facility.
2. The insurer is allowed to fire insurance business, compulsory are the business license and operation-insurance business by the Ministry of finance.
3. Responsible for purchasing fire insurance, compulsory a) for the base to buy fire insurance compulsory, then the head of the Agency, organization or individual basis which is responsible for purchasing fire insurance, compulsory.
b) for facilities in which many households as the collective House, condominium or in a facility that has many agencies, organizations and individuals to hire the responsibility of buying fire insurance, compulsory as follows:-case to determine who is the owner of the premises or the person who was the owner or management interface the common representative (hereinafter referred to as the representative) , then that person is responsible for purchasing fire insurance, compulsory. Each of the households, offices, organizations, individuals are responsible for submitting premium for the representative. In this case, the insured person is the individual households, agencies, organizations and individuals have filed charges for insurance representatives.
-No case determine the representative then ever, bodies, organizations, individuals in the base that is responsible directly to buy fire insurance, compulsory.
4. The insurer, agency, organization, individual fire insurance regimes, compulsory according to the rules, fees, compulsory fire insurance due to the Ministry of Finance issued. The event of a loss, the determining cause of the fires led to the loss of the responsibility of the police authority.
5. The provisions on the object, the property to buy fire insurance, compulsory; the amount of fire insurance, compulsory minimum; contract of fire insurance, compulsory and other regulations on compulsory fire insurance, comply with the provisions of chapter II of Decree No. 130/2006/ND-CP. 6. Fire police agencies and fire are responsible for a) guide the base in an have to buy fire insurance, compulsory safety inspection of FIRE FIGHTING and self realization FIRE PROTECTION safety condition according to the provisions of article 9 of Decree No. 35/2003/ND-CP b) quarterly implementation of FIRE PREVENTION and safety check for dangerous facilities on fire , explosion; check out extraordinarily when danger signs, FIRE safety or loss upon special request. A check must be concluded on the basis of qualified or not qualified FIRE PROTECTION according to the provisions of article 9 of Decree No. 35/2003/ND-CP. Fire police agencies and fire certification of eligibility of FIRE FIGHTING for the basis of the danger of fires prescribed in Appendix 2 of Decree No. 35/2003/ND-CP of sequence, procedure for certification of eligibility of FIRE FIGHTING follow specified in section VII of the circular No. 04/2004/TT-BCA on 31/3/2004 of the Ministry of public security guide the implementation of Decree No. 35/2003/ND-CP. 8. The insurer only make contracts compulsory fire insurance with the insurance side, when the buyer of insurance have been fire and police agencies for fire certification of eligibility of FIRE FIGHTING or have a qualified base conclusions about FIRE FIGHTING.
The insurer was not refused to sell fire insurance, compulsory when the buyer of insurance has made the conditions about FIRE FIGHTING provisions in clause 2 article 13 of Decree No. 130/2006/ND-CP. Quarterly, the insurer is responsible for reporting the results of business fire insurance compulsory, according to Appendix 2 attached to this circular and send to the Ministry of finance.
III. METHOD Of CONTRIBUTING To The OPERATING ROOM Fires 1. Business fire insurance, compulsory responsibility to extract 5% total fire insurance, compulsory has been obtained to contribute funding for FIRE FIGHTING activities.
Within 15 days from the date of 30 June and 31 December each year, the insurer is responsible to transfer the amount of active FIRE PROTECTION funding contribution into account the custody of the Ministry of public security to open in the Central Treasury and reported the situation to follow Appendix 3 attached to this circular and send to the Ministry of finance.
2. With respect to contracts of insurance packages available including compulsory fire insurance, the insurer is responsible for separate part fire insurance, compulsory by the attached contract and Appendix must be full of content as stipulated in article 9 of Decree 129/2006/ND-CP. 3. Within a period of 90 days from the end of the financial year, the insurer has the responsibility to set the report source of funds must contribute to FIRE PROTECTION activities under annex 4 is included herewith and posted on the Ministry of finance.
The insurer is responsible for collating data already filed with the figures in the report the funds contributed, if submitted number greater than the number to be paid, the number of surplus was left to count the number of years after filing; If the amount already paid is lower than the number to be paid, the responsible businesses filed enough additional missing within 5 days.
The Finance Ministry made to check the accuracy of the reports and urging the insurer to submit a full account of funds must contribute.
IV. Management, ALLOCATE, Billing, Settlement FUNDS To CONTRIBUTE To The OPERATING ROOM FIRES, Fire 1. Every year, the base content in clause 2 of section IV expenditure of this circular, the currency five years ago, the possibility of collecting the years of planning, the Ministry of public security set up the estimation of incomes and expenses from the funds contribute to operating room fires, combined to estimate the annual budget of the Ministry of public security sent The general financial , the authority to decide.
2.5% funding Sources obtained from business fire insurance, compulsory are used for FIRE PROTECTION activities with the following content: a) equipped vehicles, FIRE FIGHTING equipment of the police force, Fire Department and fire. Costs for this content is lower than 70% of the funds actually spent for FIRE FIGHTING operations in the year; the remaining funding source must not exceed 30% for the operations specified in points b and c of this paragraph.
b) support advocacy, guidance, common knowledge of the law and of common knowledge about the General FIRE PROTECTION for the entire population. The content and the costs for these activities apply in circular No. 63/2005/TT-BTC on 8/8/2005 of the Ministry of Finance shall guide the management and use of secured funding for the work of popular legal education.
c) support rewarded achievement in the work of FIRE PREVENTION for the following objects:-organizations, individual direct FIRE missions;
-The Organization, individuals involved in the work of FIRE PREVENTION and coordination.
Reward levels must not exceed 5 million for collective; 3 million for the individual. The Ministry of public security specific instructions the rewarded and rewarded for funding organizations, individual achievement in the work of FIRE FIGHTING.
3. The six months, the Ministry of public security is responsible for cost accounting procedures from the custody account on the State budget. Last year, the disparity between the number of charge has on the budget accounting with the first estimates will be reduced or added to the estimation of incomes and expenses from the funds compulsory fire insurance of the following year.
4. Fire Police Department and Ministry of public security fire receive, manage, use the funds contribute to FIRE PROTECTION activities of the insurer.
5. The Central Treasury control expenses when making allocations of funds for FIRE PREVENTION activities under the approved estimates.
6. Every year, the Ministry of public security has the responsibility to approve settlement payments from the funds contribute to FIRE PROTECTION activities, General chung on finalizing State budget of the Ministry of public security and the Ministry of finance to the General, the authority to decide.
7. Funding contributor to FIRE FIGHTING activities from business fire insurance, compulsory last year have not yet spent, then transferred the following year to continue to spend on the content under the guidance of this circular.
V. IMPLEMENTATION of this circular have the effect after 15 days from the date The report. In the process, if any problems arise, the proposal reflects on the Ministry of finance, the Ministry of public security to have timely instructions./.