The DECISION of the MINISTER of FINANCE regarding the issuance of rules, fees and liability compulsory insurance of civil liability of the passenger transport business, flammable and explosive goods on inland waterways to the MINISTER of FINANCE pursuant to the law on insurance business no. 24/2000/QH10 on 9 December 2000;
Pursuant to the law of inland waterway transportation no. 23/2004/QH11 on October 15, 2004-06;
Pursuant to Decree No. 77/2003/ND-CP dated 01/07/2003 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 125/2005/ND-CP dated 07/10/2005 of the Government regulating the regime of compulsory insurance of civil liability of the passenger transport business, flammable and explosive goods on inland waterways;
According to the proposal of the Director General of insurance, decision: article 1. Attached to this decision rules, fees and liability compulsory insurance of civil liability of the passenger transport business, flammable and explosive goods on inland waterways.
Article 2. This decision takes effect 15 days from the date the report.
Article 3. Director of insurance, Chief of the Finance Ministry and the heads of the relevant units responsible for examining, monitoring the implementation of this decision.
 
The RULE of COMPULSORY INSURANCE of CIVIL LIABILITY of the PASSENGER TRANSPORT BUSINESS, FLAMMABLE and EXPLOSIVE GOODS on INLAND WATERWAYS (attached to decision No 99/2005/QD-BTC dated 22/12/2005 of the Minister of Finance) chapter I GENERAL PROVISIONS article 1. Adjustable object and scope of application 1. The insurer, the passenger transportation business, flammable and explosive goods on inland waterways are obliged to implement the regime of compulsory insurance of civil liability under the provisions of this rule.
2. The regime of compulsory insurance of civil liability of the transport business on inland waterways as specified in this rule include: a) civil liability insurance of business people in goods transport flammable and explosive on inland waterways for the third person;
b) insurance of civil liability of the passenger transport business for passengers.
Article 2. Explanation of terms In this rule, the terms below are interpreted as follows: 1. Inland waterways: is the stream, Europe train, bringing media works through the dam, waterfall on the River, Canal or Lake, swamp, stream, awkward, the Gulf, the coast, off the island, connecting the inner islands of the Socialist Republic of Vietnam is the Governing exploitation of transport.
2. Means of inland (hereafter referred to as the media): is the train, boats and other floating structures, motorized or non-motorized, self-propelled, or pull hybrid vehicle operation on inland waterways, business registration and register according to the provisions of the law.
3. The transport business: is the transport contracts in goods transport, passenger transport, hire people to do freight, passengers that have currency cost of transport.
4. Who is organizing the transport, personal use of vehicles to transport people, goods on inland waterways.
5. Third persons in a civil liability insurance of business people in goods transport flammable and explosive on inland waterways is the people who suffer damage to physical property, by means of inland cause, except the following ones: a) the Media Owners, media driver , navigators and crews of the insured vehicle;
b) passengers.
6. The buyer of insurance: is the passenger transport business, flammable and explosive goods on inland waterways.
7. Passengers: who are carrying on the media under the contract of carriage of passengers in the form of provisions in the law on inland waterway transport.
8. combustible and explosive goods: are these goods are classified from category 1 to category 4 in accordance with article 4 and annex 1 attached to Decree No. 29/2005/ND-CP on 10/03/2005 of the Government regulations dangerous goods list and the trucking of dangerous goods on inland waterways.
9. liability insurance: is the maximum amount that the insurer could pay for damage to people and property in each of the losses occurred in the scope of liability insurance. Liability insurance is specified in the certificate of insurance in accordance with Appendix 3 attached to decision No 99/2005/QD-BTC of the Minister of finance.
Article 3. The insurance contract on the basis of paper insurance claims of the buyer of insurance, insurers certificate of insurance for the buyer. The insurance certificate is evidence of the contract of insurance between the buyer of insurance with the insurer. The certificate of insurance was created according to the form prescribed in annex 1 attached to decision No 99/2005/QD-BTC of the Minister of finance.
Article 4. Insurance and liability insurance, the insurer and the insured party is responsible for compliance costs and liability insurance regulations in annex 4 attached to decision No 99/2005/QD-BTC of the Minister of finance.

The insurer and the insured party may agree to apply fees and liability insurance are higher or wider coverage rules, fees and liability insurance attached to decision No 99/2005/QD-BTC of the Minister of finance.
Article 5. Effect of insurance the insurance effect begins and ends as specified in the certificate of insurance, except in cases of termination of the insurance contract under the provisions of the law.
Article 6. Cancellation of insurance contract cases require cancellation of the insurance contract, the insured party must be notified in writing to the insurer knew before fifteen (15) days. Within fifteen (15) days from the date of the notice of rescission, if the insurer had no idea the insurance contract is cancelled, the insurer must refund to the buyer covered 80% of the premium corresponding to the time of cancellation, unless the insurance contract in effect insured event has occurred.
Article 7. The responsibility of the buyer of insurance in addition to the liability provisions in article 9, Decree No. 125/2005/NĐ-CP on 7 October 2005 by the Government regulations of compulsory insurance of civil liability of the passenger transport business, goods, flammable and explosive on inland waterways , on the purchase of insurance are also responsible for the following: 1. the full premiums, according to the time limit and method agreed in the insurance contract.
2. When insurance claims, insurance parties are obliged to declare fully and honestly every detail related to insurance contracts at the request of the insurer.
3. Immediately notify the cases can increase the risks or additional liability of the insurer in the course of performing the contract of insurance.
4. The buyer of insurance, who controls the media, and are responsible for compliance with all the provisions of the law on inland waterway transport.
5. When the insured event occurs, the insured is responsible for: a) heal, limiting the damage to people and property, protect the scene where the insurance event occurred;
b) report immediately to local authorities, the police or management units inland waterways to establish prescribed thereon;
c) immediately notify the insurer, to resolve and report in writing to the insurer know slow for no more than three (3) days of the occurrence of the event or coverage from the media coverage about to the first port.
d) the insured person must inform and transferred to the insurer immediately upon receiving information, compensation requests, minutes, legal documents related to insurance events.
6. Apply the precautionary measure, limiting losses in accordance with the law.
In case the insured person violates the obligation prescribed in this Article, the insurer has the right to refuse to compensate a part or the entire amount of compensation according to the degree of fault of the insured.
Article 8. The liability of the insurer in addition to the liability provisions in article 11, Decree No. 125/2005/NĐ-CP on 7 October 2005 by the Government regulations of compulsory insurance of civil liability of the passenger transport business, goods, flammable and explosive on inland waterways , the insurer also has the responsibility to: 1. Guide and create conditions favorable to the buyer of insurance insured.
2. When the insurance event occurred, if it deems necessary, the insurer must coordinate closely with the insured person and the relevant authorities to resolve the matter, collect the relevant information needed to determine the cause and extent of damage caused by the insured event.
3. When the claim in full and valid, the insurer must resolve the claim within the time limit specified in article 13 below.
Chapter II SPECIFIC PROVISIONS article 9. Liability insurance within the scope of the liability insurance written on the certificate of insurance, the insurer is responsible for paying for the insured amount that the insured person must be compensated according to the provisions of the law, specifically include: 1. For insurance of civil liability of the freight business to flammable and explosive on inland waterways : a) for human losses: expenses that the insured must pay under the provisions of the law because the media coverage caused injury, or death to a third party but does not exceed the levels specified in the table of provisions compensation paid to persons referred to in Appendix 3 attached to decision No 99/2005/QD-BTC of the Minister of finance.
b) for damage to property: actual compensation according to the degree of fault of the insured. The amount of compensation is determined on the basis of the market value of the property losses at the time, where the loss occurred and the extent of actual damages.
c) The actual costs incurred for which the insured person shall bear civil liability in accordance with the law and the decisions of the courts, including:

-The cost of performing the obligation or the necessary measures aimed at saving lives on inland waterways with the condition that the insured person has legal obligations with regard to the costs and other costs that cannot be recovered from the third-oil pollution cleaning costs, the local Government's fines and complaints about the consequences of oil pollution caused;
-The necessary and reasonable costs in preventing and limiting losses, help and rescue;
-Costs relating to the proceedings, disputed claims of liability for third parties;
-The cost of lighting, markers, destroyed, or move the correct means of sinking (if available). The insurer is only liable for the costs of moving correctly means when media owners declared abandoned vehicles.
2. For insurance of civil liability of the passenger transport business: a) The expenses that the insured must pay under the provisions of the law because the passengers were sick, injured or dead, but not exceed the levels specified in the table of provisions compensation paid to persons referred to in Appendix 3 attached to decision No 99/2005/QD-BTC Minister of finance. The insured and the insurer may agree the pay method selection is suitable according to the specified table to pay compensation to persons referred to in Appendix 3 attached to decision No 99/2005/QD-BTC of the Minister of finance.
b) The expenses that the insured person incurred under the provisions of the law for passengers in the aftermath of the accident of the insured vehicle (in addition to those risks specified in point a, paragraph 1 of this article), including the cost of bringing passengers to the dock to or back to the dock.
In any case, when the insurance event occurred as specified in paragraph 1, paragraph 2 above, the total amount of the compensation did not exceed the liability recorded in the certificate of insurance coverage and does not exceed the actual amount that the insured must compensate for the damage under the judgment or decision of the Court.
Article 10. Move 1. When the insured event occurs, the insurer or organization is authorized by the insurer will proceed with the assessment of losses to determine the cause and extent of the losses.
2. In case the insured and the insurer are not uniform on the cause and the extent of the losses could requisition the independent assessment. In case the parties do not settle on appraiser independence, then one of the Parties requested the Court where loss or where the insured person resides appointed appraiser independence. The conclusions of the independent appraiser value the mandatory for the parties.
Article 11. Exclusion of liability insurance, the insurer has no liability if the loss occurs in the following cases: 1. The Act of intentionally causing damages of the victim, the insured, or the insured person's heir as: agent, representative or the captain, officers and crew.
2. The media coverage violated the ban by the competent authority issued or unauthorized trading activities.
3. serious violations of waterway traffic rules include: a) the media driver, Navigator and crews of vehicles are insured while on duty under the influence of alcohol, drugs or any other similar substance;
b) media coverage go into online, stream;
c) covered passenger vehicles, cargo overloading;
d) covered media did not afford the operation, no technical safety certificate is valid and does not have the ability certificates valid for other activities as required by the registry Agency;
the insured vehicle) operated out of the scope of the regulation;
e) other cases prescribed by law.
4. The driver, a Navigator and media crews of the media coverage does not have a certificate or diploma as defined.
5. By the rind, machinery or equipment of the media covered the old or natural wear.
6. insured vehicles were stranded by the tide or the water up and down while moored.
7. Damage to property is stolen or robbed in the accident;
8. Damages to goods transported on vehicles under contract to transport goods;
9. War and similar causes of war;
10. Damage to special properties include: gold, silver, gems, coins and valuable papers and calculate the amount, antiques, rare pictures, body, remains.
11. The insurer does not have the responsibility of compensation for these costs below: a) costs related to the delay of the insured vehicle or goods were rising in value, loss of market or costs related to the business operations of the insured vehicle;
b) amount of insurance under the contract of insurance on the main body for cases of damage caused to the ship.
Article 12. Claim profile 1. The claim of the insured person according to the form prescribed in annex 2 attached to decision No 99/2005/QD-BTC of the Minister of finance.

2. Certificate of insurance according to the form prescribed in annex 1 attached to decision No 99/2005/QD-BTC of the Minister of finance.
3. Media registration certificate Interior;
4. The certificate of technical safety of inland waterway;
5. License for passenger transportation, the passenger ticket, the passenger list (if any) in the case of liability insurance the passenger transportation business;
6. Business license in goods transport flammable and explosive;
7. by the captain, the Chief, certification of crews (specific cases).
8. report accidents or losses and/or protest, maritime certified by the competent authority where the accident occurred or the dock, the port of first arrival (if accidents occur when vehicles are covered in the itinerary).
9. Report on the evaluation of the insurer or the person authorized by the insurer.
10. Report on the accident by local authorities, the agency managing the waterway transportation or public safety established under the regulation on inland waterway transport.
11. The proof of damage to people such as the victim's trade certificate, paper out, operating votes and papers related to the cost of health care, cure, death certificate of the victim, the evidence from the treatment, funeral costs, complaints and compensation agreement for third persons related to the cost of compensation.
12. The evidence of property damage as the repair bills, replacement of the damaged property due to accident, the invoices to prove the necessary expenses which the insured person has to spend to limit losses or to implement the instructions of the insurer.
13. These documents, other relevant documents (such as the Cruise book excerpts, diary, journal, or other papers of the media coverage ...) depending on each specific case.
Chapter III DISPUTE RESOLUTION article 13. The duration of claims and payment of compensation of 1. The duration of the claim of the insured person is one (1) year from the date of accident, unless delays due to objective causes and force majeure as defined by the law.
2. The time limit for payment of compensation by the insurer is thirty (30) days from the receipt of a valid application and lasts not more than sixty (60) days in the case must proceed to verify the record.
Cases of refusal of compensation, the insurer must be notified in writing to the buyer for insurance reasons within a period of thirty (30) days from the date of receiving the complete claim record.
Article 14. Dispute resolution any dispute arising from the insurance contract, if not resolved by negotiations between the parties will be given the Court of the residence of the defendant to settle. Time of disputes related to this insurance contract is three (3) years from the time of arising disputes. So the time limit on, any claim will not be valid./.