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The Decision 254-Tc/qd-Bh: About Letting Vietnam Insurance Corporation Insurance Conduct Of Ships And Crews

Original Language Title: Quyết định 254-TC/QĐ-BH: Về việc cho phép Tổng công ty Bảo hiểm Việt Nam tiến hành bảo hiểm tàu và thuyền viên

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The DECISION of the MINISTER of FINANCE regarding allowing Of Vietnam insurance company to conduct insurance and the MINISTER of FINANCE pursuant to Decree 35/CP-2-1981 of the Council of Government (now the Council of Ministers) specified the duties and powers of responsibility and functions of the Minister in a number of areas of governance;
Pursuant to Decree No. 155-dated 15-10-1988 of the Council of Ministers Regulation functions and organization of the Ministry of finance; At the suggestion of Comrade General Director Vietnam Insurance Corporation, DECIDES: 1. Allow the Vietnam Insurance Corporation to conduct insurance: a. hull and civil liability of ship owners for boats operating on the Lake of sồng, the Interior of the territorial and Vietnam.
b. the accident crews c. war risk for boats operating on the Lake of sồng, the Interior of the territorial and Vietnam.
Article 2. Attached to this decision: a. hull insurance and rules of civil liability of ship owners for boats operating on the Lake of sồng, the Interior of the territorial and Vietnam.
b. the boat accident insurance rules.
c. provision of war risk insurance for boats operating on the Lake of sồng, the Interior of the territorial and Vietnam.
d. premiums boats operating on the Lake of sồng, the Interior of the territorial and Vietnam.
Article 3. This decision is effective from 25-5-1990. The documents issued are relevant before left with this decision were dismissed.
Article 4. The comrade General Director Vietnam insurance company. Chief of the Ministry of finance is responsible for the implementation of this decision.
 
HULL INSURANCE, the RULES of CIVIL LIABILITY of SHIP OWNERS for BOATS OPERATING on the LAKE of SỒNG, the INTERIOR of the AQUATIC and TERRITORIAL VIETNAM (attached to decision No. 254/TCQĐ-BH on 25-5-1990 of the Ministry of Finance) chapter I article 1 INSURED OBJECTS. All the boats operating on the Lake of sồng, the Interior of the aquatic and territorial Vietnam, irrespective of the economic component are insured at the Vietnam insurance company or the insurance company local to: 1. The hull, the boat (including: casing, machinery and marine equipment).
2. Civil liability of ship owners.
According to the request of the organization or the insured (covered person), the Vietnam Insurance Corporation (BAOVIET) can insure one or both types of insurance by or under the said voyage.
Article 2. Boats said in this rule includes the types of self-propelled vehicles or not self-propelled, used to transport goods, passengers, or material used to pimp my hybrid works on sồng Lakes, inner and territorial Vietnam.
 
CHAPTER II SCOPE of LIABILITY INSURANCE in article 3. The scope of liability insurance to the hull of the boat: the insured person can join a boat hull insurance under one of two conditions of insurance (A) or (B) below: a. ALL RISK INSURANCE for BOAT HULL (M.R.R.)
With this condition, BAOVIET receive compensation responsibilities: 1. Loss or loss occurring to the hull of the boat was covered by the direct cause of the following: a. collisions with ships, planes, transport on the shore or in the water;
b. the Wrecked, stranded, collision on rocks, submerged or floating objects, drifting or fixed (except for mine and torpedo) bridges, ferries, kicking, beating, kè dike construction, wharf;
c. fire right on boats or elsewhere;
d. dispose of assets from the ship in case of necessary and reasonable;
Sync missing;
e. earthquakes, landslides, volcanoes, spray, hail or lightning;
f. Hurricane, tsunami, frequent wind;
g. the accident while unloading of movement of goods, raw materials or fuels when boats are moored, repair, up momentum in canoes;
h. Burst boiler, engine shaft broken or damaged due to subterranean causes defects on condition that the examiner checks that normally cannot be detected;
i. negligence of the captain, officers, sailors, or navigation of the repair with the condition that the fix is not insured.
2. The necessary and reasonable costs in the: a. limit losses help or rescue or the costs of the proceedings was BAOVIET prior;
b. test, inspection of the damage, the loss in liability insurance;
c. General losses due contribution to dispose of assets, goods shipped to rescue boats;
d. check the bottom of the boat after it grounded even in the event of damage not detected.
 
B. The ENTIRE LOSS INSURANCE For BOAT HULL (T.T.T.B.)
With this condition BAOVIET accept responsibility for compensation of losses the entire (actual or estimated) happen to the hull of the boat was covered by the direct cause of the following: a. collisions with ships, planes, transport on the shore or in the water;
b. the Wrecked, stranded, collision on rocks, submerged or floating objects, drifting or fixed (except for mine and torpedo), bridges, ferries, kicking, beating, kè dike construction, wharf;
c. fire right on boats or elsewhere;
d. missing;
Sync earthquakes, landslides, volcanic spray, hail or lightning;
e. a hurricane, tsunami, frequent wind;
f. the accident while unloading, movement of goods, raw materials, fuel or when boats are moored, up momentum, repairs in the factory;
g. negligence of the captain, officers, sailors, or navigation of the repair with the condition that the fix is not insured.
Article 4. The scope of liability insurance of civil liability of owners of ships.
With this insurance type BAOVIET compensation responsibility: 1. The actual costs arising from an accident of the insured boats which ship owners to incur civil liability according to the law as well as by the decision of the courts consists of: a. the cost of washing oil pollution, the local Government's fines and complaints about the consequences of oil pollution caused;
b. the cost of lighting, markers, destroyed, salvaged, move the covered boat wreck sunk by request of the local government;
c. the necessary and reasonable costs in preventing and limiting losses, help and rescue;
d. costs relating to the proceedings, disputed claims of civil liability.
2. The cost of that vessel owners must be responsible for statutory compensation for the life, health, disability or physical losses for sailors, crews on the boats are covered.
3. the responsibility for that vessel owners incurred covered boats cause do: a. damage to the Harbour Bridge, Dike, embankment dam drain, rafting, giàng bottom, works on the shoreline or under water, fixed or mobile;
b. injuries or damage to life, property of third persons (not crewing aboard covered);
c. loss, damaged goods, property carried on boats are insured (excluding damaged, loss due to theft or behaviour natural deficiency).
4. Responsible for collision.
Including these costs arise from collisions between ships covered with another ship, that ship owners have the responsibility under the law to compensate others for: 1. Damage to other vessels or property damage on the ship;
2. Delay or loss of time use another ship or property on board.
3. shared losses, rescue or salvage under contract by another ship or property on board;
4. Salvaged, move or destroy the wreck;
5. the crews on Board was killed or injured;
6. Wash the pollution caused by ship.
In all cases, the total amount of compensation of the collision liability insurance for each service does not exceed the value of the insured vessel.
Article 5. Extend the coverage.

1. BAOVIET also received responsibility to compensate for the losses of the insured boats happens in case of: a. Lai pimp and help other boats when the accident or lai took customs. The damaged material losses and loss that occurs in this case just in liability insurance cost to repair the damage or compensate the loss and physical loss that the insured is not recovered in full due to the saving really not afford repayments.
b. the covered boat collisions with boats along the same server or administration or the such boats for rescue.
2. The condition that the insured person must be agreed in advance and pay more premium at the request of BAOVIET. All insurance accepted BAOVIET where: a. There is a change in the active range, hybrid Pimp, on the day of departure (flight insurance case);
b. unloading goods, or raw materials of nature at sea to other ships or from other boats to boats covered.
 
CHAPTER III is NOT the RESPONSIBILITY of INSURANCE article 6. apply for two types of hull insurance and civil liability of ship owners set forth in chapter II.
 
A. BAOVIET NOT LIABLE for COMPENSATION IF LOSSES OCCUR DUE to the FOLLOWING CAUSES: 1. not enough boats to operate, no operating licence or activity outside the scope of the regulation.
2. intentional actions of the insured or inheritor as: The agent, representative or the captain, officers and crew.
3. Violation of the ban by the issuing authorities, violation of traffic rules or unauthorized trading activities.
4. Due to old or natural wear and tear of the casing, machinery or equipment of the boats.
5. Delay the journey or business activities of the boats are covered, including delays and prolonged time due to covered risk causes.
6. Ships aground by the influence of the tides or the water up and down.
7. The captain, the Chief has no equal as a rule or accidents occur due to these people drunk, beer, drugs or similar substances.
 
B. BAOVIET is NOT RESPONSIBLE for THESE COSTS is RELEVANT HERE, THOUGH THOSE COSTS that DO the RISKS INSURED CAUSED: 1. Costs related to the delay of boats or ships, goods value reduction or loss of the business production boats are covered.
2. All costs related to: a. Hull, paint, Shaving or boat bottoms;
b. check the hierarchy back boats before and after repair of the registry Agency;
c. salary and salary allowances or grants of the crew, except the General losses.
 
C. BAOVIET NOT RESPONSIBLE FOR COMPENSATION for ANY DAMAGE, LOSS and LOSS or the COSTS INCURRED: 1. Risks of war or similar risks war.
2. Robbery, captured ships in anywhere for any reason.
3. Boats were requisitioned or used for military purposes.
4. Acts of terrorism or political in nature.
5. any explosion of the weapons or explosives.
 
CHAPTER IV CONTRACT of INSURANCE article 7.
1. Insurance claims: When the insured the insured must send BAOVIET papers insurance claims (according to the model of BAOVIET) 5 days before ship owners like to start insurance contracts in force. With regard to the insured vessel for the first time in the attached paper BAOVIET insurance claims must have the following documents:-certificate of citizenship.
-Certificate of sea-going capability and level certificate of vessel register.
-Minutes of the ship inspection upon delivery, receiving ship or a partial inspection of the register.
-Report on the situation of the ship's loss occurred before the insurance claims and insurance (if any).
2. the insurance contract is considered signed when BAOVIET insurance certificates.
3. If, after the insurance contract was signed, ships have changed, the insured must immediately notify BAOVIET know.
If it deems the changes that increase the risk and responsibility of BAOVIET, BAOVIET can collect more premiums.
Article 8. If the insured person declare wrong or not fully informed of the changes of vessels in accordance with article 7, BAOVIET will not be responsible for compensation of losses caused by the wrong or changes that cause.
 
Chapter V TERM of INSURANCE article 9. Coverage under the time limit.
Period of insurance calculated according to the solar calendar the longest is 12 (twelve) months, short for not less than 3 (three) months.
Insurance validity start and end according to the time indicated on the certificate of insurance, but with the condition that the insured person has remitted the premiums in full and on time as stipulated in article 16/2.
Article 10. Trip trip insurance coverage since boats disassembly ligaments columns or anchors to begin and end the effect after 24 (two four) hours from when anchoring or columns on shore at the place stated in the certificate of insurance paper or revised supplement insurance certificate (if available).
Article 11. A contract of insurance and the insurance effect.
1. the contract of insurance: When the insurance certificate has expired that boats are still on the journey or are in danger or are to visit somewhere for refuge, the boats can still be further coverage until about safety in the port column anchor If the insured contract renewals in a timely manner and the agreement filed more premiums.
2. The validity of the certificate of insurance: in all cases, though BAOVIET has accepted the insurance and the insurance certificate paper or revised supplementary insurance certificate which (if any) for the insured, the insurance effect of ship will automatically terminate upon arising in one of the following circumstances : a. the insured person does not submit the premiums in full and on time as stipulated in article 16 of the rules (unless agreed otherwise in writing).
b. change where the ship's register without notice to BAOVIET know in writing.
c. the ship suspended operations or operations licence is revoked or expires.
d. ship was moving home.
preferred certificate to afford to go to the sea and the ship lost the validity or expiry.
Particularly for the case of active permits and the papers of the ship register is valid but ran out of time that ships are still in the offing, the cessation of the effect of insurance will be postponed until the next port to ship first.
 
CHAPTER VI the INSURANCE VALUE and LIMITS OF LIABILITY article 12. On the hull of the boat.
1. The value of the boat hull insurance is calculated based on the actual value of the casing, machinery and marine equipment of ships since the day the insured by the insured to be declared and BAOVIET accepted. The basis of determining the actual value of the boats are:-the value recorded on the fixed asset card or purchase price on the ship-the domestic market or of international types of boats.
2. Pursuant to point (1) above, the case of the insured the insured with the insurance amount is lower than the actual value of the ship, BAOVIET will receive coverage under one of the two following forms:-all risk insurance in the form of marine insurance under the value.
-Only coverage under the insurance conditions the entire loss.
The value recorded in the certificate of insurance coverage is limited to the highest responsibilities which BAOVIET received compensation for each of the losses.
Article 13. Limitation of civil liability of owners of ships.

Limitation of liability of BAOVIET for each a service loss in liability insurance is the actual damage caused by the insured vessel caused that ship owners are responsible by law or the decision of the Court but not to exceed the limits of liability stated in the insurance certificate.
 
CHAPTER VII OBLIGATIONS and POWERS of the INSURED article 14. Preservation of ships.
The insured is obliged to preserve the good boats are covered, perform the inspection and repairs on time.
Article 15. Reported losses and reserves the right to complain.
1. When the accident occurred, the insured person must fulfill the following rules: a. report immediately to local authorities where to set the minutes according to the regulations and the latest is 5 (five) days must inform the nearest place at BAOVIET representative know.
b. Must promptly applies all necessary measures in order to help, protect people, facilities and property to limit losses, help the assessor BAOVIET accomplished inspections and resolve quickly the consequences of the accident.
2. in case the insured boat damage, losses caused by others then within 72 (two) hours, the insured must report immediately to the nearest place BAOVIET know and must fulfill the procedures required to reserve the right to complain for BAOVIET.
BAOVIET has the right to refuse in part or whole to claim the loss if the insured person does not fulfill the conditions stipulated above.
Article 16. Premium and premium deadlines.
1. The premiums: the premium due on the basis of fees collecting BAOVIET by Ministry of finance regulations apply to each type of ship, the Group of ships according to the specific insurance conditions, the premiums might increase or decrease depending on the situation the annual losses of the insured.
2. The time limit for lodging premium.
a. for the vessels under a one-year term insurance, premiums are filed do 4 States (1), each filed 1/4 of the specified insurance premium of the year:-charge States I filed at the latest on January 15-Charge States II filed slowly added on 10 April-charge States III filed at the latest on 10 July-Free IV filed at the latest on January 10 the b-10. for vessels covered under the term from 6 months to under 1 year, premiums are filed in two States. Each States filed 1/2 of the total charge on 10 (ten) on top of each of the States listed on the notice paper currency premium.
c. for the ship covered under the time limit under 6 months or trip insurance, premiums are all once within 10 (ten) days from the date of certificate of insurance.
d. the case of her insurance period and less than premium States filed that lost the entire ship, then the insured is responsible for filing all of the remaining premium for BAOVIET within 15 (fifteen) days of lost ships.
Sync event of the insured person does not submit the premiums in accordance with the regulations, in addition to the termination of the validity of insurance as defined in point 2 article 11 above, the insured person must still file the charge number for the time were insured at the same time to file additional interest rate interest rates lenders charge number of delinquent banks must pay for the slow time charged even Although the ship had suffered losses or not.
Article 17. The insurance refund.
1. where the two parties agreed to cancel the contract in writing, BAOVIET will refunded 80% of the premiums already paid in time to cancel the contract. Refunds will be made after the cancellation of the contract.
2. in case of ships decommissioned for repairs or Park at the port or place of safety is BAOVIET accept with time 30 (thirty) consecutive days or more, BAOVIET will refund 50% of the premiums already paid in time the boats ceased operations at the end of the insurance year. If the boats lost the whole time, premium ships are withdrawn will not be refunded.
 
CHAPTER VIII INSPECTION and COMPENSATION for LOSSES Article 18. The assessment of losses.
Upon receipt of notice of loss and the request of the insured person or his agent, or the person authorized BAOVIET BAOVIET will conduct inspections on the spot in the presence of the captain, the witness concerned and representing ship owners to determine the cause, extent of damage and loss.
Inspection by the person requesting inspection and be reimbursed when the compensation if the loss in liability insurance.
There is no report on the assessment of BAOVIET or the person authorized BAOVIET BAOVIET will refuse compensation in whole or in part, unless there were other agreements in writing.
Article 19. Informed about the price and where to repair boats.
The insured must notify BAOVIET ahead of expected price and where to ship the boat to repair damage in liability insurance. BAOVIET has the right to participate in the comments and decisions about where to fix prices and to supervise the repairs.
If the insured person violates the provisions of this Article, BAOVIET will deduct 15% (fifteen percent) accepted amount of compensation.
Article 20. The record claim.
When requesting BAOVIET compensation, the insured must provide the following documents: BAOVIET a. Marine reporting, report the accident or the loss of the Government where the accident occurred or Ben to first (if the accident occurred when the train is on the journey).
b. the minutes of examiners or persons authorized BAOVIET BAOVIET.
c. certificate of lost boats of competent bodies (the case of missing ships).
d. report on the accident by local authorities or public security (the case of accidents involving the ships and property of third persons).
Sync invoices related to the cost of compensation.
e. Letters of complaints claim of the insured person.
f. letter of complaint and all the documents and vouchers relating to the third person (if any).
g. The other related documents (copy of the logbook, diary, the diary of weather ... depending on each specific case).
After BAOVIET get full complaint records of the insured, if within 30 (thirty) days without asking anything more then that complaint records are considered to be complete and valid.
Article 21. The insurance compensation below the actual value and on the hull of the boat.
1. If the value of the boats insured in excess of the actual value, BAOVIET will compensate the loss of the whole according to the actual value of the boats.
2. If the value of the boats insured is lower than the actual value then BAOVIET will compensate losses of boats (including costs according to article 3-A2) according to the ratio between the value with the actual value insurance of boats.
Article 22. The loss of the whole of the hull of the boat.
1. The loss of the whole of the hull of the boat said in this rule includes the entire loss fact and estimates: a. boats destroyed completely unable to recover as well as missing if the boats were too time three months do not receive news about boats that are considered to be the loss of the whole of reality.
b. damaged boats that deems the inevitable loss of the whole or the cost of repair exceeds the value recovery insurance is defined as the entire loss estimate. In this case the insured must make paper reported abandoned boats for BAOVIET. If the waiver was not accepted BAOVIET will settle for compensation of loss in liability insurance.

2. When has the loss compensation the entire hull boat, BAOVIET ownership, recover and process vessels.
Article 23. The loss of parts of the hull of the boat.
1. In all cases, unless otherwise agreed in writing, payment of compensation only BAOVIET for each distinct value of the repair or replacement of parts. After compensation for replacement parts has recovered ownership BAOVIET that Department.
2. In all cases, if the boats lost parts have yet to be fixed but then again the whole loss occurs during the insurance contract validity then BAOVIET just compensation of losses.
Article 24. Deducting compensation of losses.
When the compensation payments, BAOVIET will deduct the prescribed amount for each of the losses were to accept compensation. The level of deduction each ship was recorded on the certificate of insurance under the insurance year. This does not apply when the entire loss compensation for the hull of the boat.
The event of the loss that the cause be attributed in whole or in part by the negligence of the captain, officers, sailors, the insured person must bear a more equivalent to 10% of the damage caused by negligence that caused beyond the absolute deductions mentioned above.
BAOVIET no liability compensation for those losses below the deductible specified on.
Article 25. The time limit for the payment of compensation.
1. for complaints in liability insurance, BAOVIET must answer the compensation within 60 (sixty) days from receiving the full complaint records have legal bases of the insured person. The case had rejected text BAOVIET compensation then within 60 (sixty) days from the date of sending the notice paper refuse, if the insured had no idea what they regarded as accepted the refusal of compensation of BAOVIET.
2. If the insured person just accepts part of the full amount of claims, the claim that section before going to BAOVIET and remaining amount will continue to resolve when the insured has text, additional proof or evidence of agreement with BAOVIET about reparations.
 
CHAPTER IX TRANSFER and COMPENSATION CLAIM for a THIRD Article 26. Compensation for damage to third persons.
The case of the insured vessel causes loss to a third party that is related to the liability of the insured to BAOVIET notify BAOVIET and provide sufficient documents from, information and details relating to their complaints at the same time to follow the instructions of BAOVIET or represented by BAOVIET specified.
BAOVIET will not accept compensation for the costs the insured person arbitrarily settled with a third person without the written agreement of BAOVIET.
Article 27. The transfer of compensation.
The case of the boats suffered losses related to the responsibilities of the third person, the insured person must only for the captain to full implementation of the principles, procedures and maritime law has provisions to reserves claims against third persons.
Losses in insurance liability due to third persons caused, then the insured must transfer the compensation for BAOVIET, provide all the necessary documents are relevant and assist with disputes BAOVIET Tuesday.
If the insured person does not fulfill its responsibility in the reserves the right to complain for BAOVIET BAOVIET will reject the claim or part of the amount of the claim.
 
CHAPTER X TIME LIMITS COMPLAINTS and DISPUTE HANDLING Article 28. Time limits complaints.
Within 2 (two) years from the date of an accident, the insured has the right to complain to the compensation of losses BAOVIET.
Time limit for claims of losses due to the third cause is 1 (one) year.
This time too, all claims will have no value unless BAOVIET have agreed to extend more at the request of the insured person (in writing).
Article 29. Any dispute related to the contract of insurance between the insured person and BAOVIET, if not resolved by negotiation then will give economic arbitration or the courts of the place of insurance based to trial.
 
BOAT ACCIDENT INSURANCE RULES (attached to decision No. 254-TCQĐ/BH on May 25, 1990 of the Ministry of Finance) chapter I GENERAL PRINCIPLES article 1. According to the things specified in this rule, the Vietnam Insurance Corporation (BAOVIET) insurance for the crews of those accidents occurred causing damage to the body of the boat staff while they are working and living on the means of traffic on rivers, lakes, canals , the lagoon, the ferry, the operating range or during work Executive on shore or under water.
Article 2. Crews covered includes: Captain, mate, your growth, your Deputy, the officers, sailors, mechanics, staff, scientific personnel doing research, experts, interns or the main workers, extra labour to work on boats or vehicles leaded ferry the barge, ... (boats).
Article 3. When insured crewing level of participation choices most appropriate insurance for their rights under the regulation of BAOVIET.
2. Crews are covered under this rule still enjoy all benefits under the other insurance mode in which the boat performed.
 
CHAPTER II SCOPE of LIABILITY INSURANCE article 4. BAOVIET getting paid when insurance boat insurance are being killed or injured by accidents caused.
Article 5. Liability insurance also be extended in the case of crewmembers are killed or injured by the accident occurs outside the travel time of production or repair boats.
 
CHAPTER III article 6 INSURANCE EXCLUSION. BAOVIET does not pay insurance for the crews of the accident due to the following causes: 1. the intentional act of self injury, suicide or suicidal intentions of crews are covered under any circumstance, any status due to the dispute because personal cause.
2. The accident occurred because the crew is insured is affected by alcohol, narcotics and other similar stimulant.
3. the offenses of the boatmen.
4. Due to illness or disease causing.
5. Due to the war.
 
CHAPTER IV-PREMIUM LODGING and REFUNDS article 7. Insurance premiums are calculated for the time the insured according to the fee schedule specified by the Ministry of finance.
Article 8. Premium submit once upon a contract of insurance.
Article 9. When insurance contract is in force, if for some reason that crews did not want to continue the insured must notify BAOVIET before 10 (ten) days. If the recommended approval of BAOVIET crews then of time cancel the contract will be refunded 80% (eighty percent).
 
Chapter V article 10 INSURANCE CONTRACTS. Boat accident insurance contract can be signed in the form of collective enterprises, cooperatives, ship units or individuals. When buying boat insurance or collective must send paper insurance claims (according to the model regulations) for BAOVIET.
Article 11. Boat accident insurance only takes effect when BAOVIET has issued a certificate of insurance and receive full premiums as prescribed in articles 7 and 8.
Article 12. When the insurance contract was concluded, if the crews have a change in occupation increases the risk level they must notify BAOVIET before 10 (ten) days.

If crews declare wrong or do not declare the details of the required certificate of insurance or do not notice these changes increase the risk then BAOVIET will not be liable for the consequences caused by the wrong or changes that cause.
 
CHAPTER VI OBLIGATION and RESPONSIBILITY of the CREWS article 13. Crews covered are accepted rules, safety rules of the unit and the labor room requirements.
Article 14. When the accident occurred, crews are covered or authorized representative must report to the authorities as prescribed, and must immediately notify and provide any information about the accident for BAOVIET nearest.
Article 15. In case of need due to requirements of crewing BAOVIET covered or authorized representative must prove that the accident was not caused by the exclusion in article 6, chapter III of the rules.
 
CHAPTER VII RIGHTS OF CREWS article 16. Crews insured accident killed or injured said in Articles 4 and 5, chapter II of this rule, will be paid BAOVIET insurance. Liability, in the case of crewmembers who died or lost completely the ability to work is the amount of money stated in the certificate of insurance.
Article 17.
1. in case of crew injury due to an accident, the amount of compensation corresponding to the rate of injury by the Board of medical examiners confirm.
2. the payment of BAOVIET costs: a. the cost of bringing the emergency victims and brought home after treatment.
b. Money fostering victims during treatment at a hospital or clinic is spent each day is 0.30% (three thousand) of the amount of insurance, but with less than 180 (one hundred eighty) days.
c. the cost of reasonable and necessary hospital charges during treatment at a hospital or clinic but does not exceed 30% (thirty percent) of the sum insured.
The total of the expenses in article 17, in any case not exceed the amount stated in the insurance certificate of insurance.
Article 18.
1. If crews covered die legal heirs will receive the amount that insurance.
2. If the crew wants to authorize others to receive instead of the amount of insurance they must have the authorization certificate and certified by unit of work or the local Government of the residence authorisation.
 
CHAPTER VIII COMPENSATION article 19. When required, the boat insurance pay BAOVIET member or authorized representative must send the following documents: BAOVIET a. request pay the insurance.
b. invoices related to the required cost BAOVIET payment.
c. discharge Paper.
d. report on the conclusion of the Board's disability rate medical examiners or certificate.
Article 20. BAOVIET responsibly consider settlement and payment of insurance money within 15 (fifteen) days of receiving full valid papers.
Case text BAOVIET refused to pay the insurance. If within 60 (sixty) days from the date of sending the notice paper BAOVIET refused that crews or heirs had no idea what they regarded as accept the refused to pay insurance of BAOVIET.
Article 21. The case of crewmembers was injured by accident in insurance risk must be treated, BAOVIET may advance the amount of the prescribed rate is fostering in Article 17.2. (b) of Chapter VII.
Article 22. Time limit complaints BAOVIET paid insurance is 1 (one) year from the date of accident. So this term, every complaint will have no value unless BAOVIET renewed a complaint at the request of the complainant.
 
CHAPTER IX SETTLEMENT of DISPUTES Article 23. Any dispute related to the contract of insurance between the crews with BAOVIET if not resolved by negotiation then will give the courts of the place of insurance based to trial.
 
The TERMS WAR RISK INSURANCE for BOATS OPERATING on the RIVER OUTDOOR HYDRO INTERIOR and TERRITORIAL VIETNAM (attached to decision No. 254/TCQĐ-BH nàgy 25 May 1990 of the Ministry of Finance) chapter I the RISKS COVERED article 1. If the insured person to accept the additional cost of war risk insurance, the insurance receipt BAOVIET added the material losses caused by the following risks caused to boats are covered under the time limit or in tour: 1. Risks of war or similar risks war.
2. Robbery, riot, acts of terrorism or political in nature.
3. any explosion of weapons or explosives.
Article 2. If boats are insured under this provision capitulate too 6 (six) months cannot be returned shall be treated as loss of the whole of reality.
 
CHAPTER II article 3 EXCLUSION RISKS. BAOVIET not responsible for compensation for the damage, loss or loss related expenses due to robbery or to sell the boats fled abroad.
Article 4. BAOVIET is not responsible for any consequences of the: 1. Boats violating the ban or blocked by Government or local authorities.
2. Violation of rules or unlawful business activities.
Article 5. BAOVIET is not responsible of any damage and business exploitation of boats are covered, including delays and prolonged time due to covered risk causes.
 
 
CHAPTER III CANCELLATION of CONTRACTS article 6. In terms of vessels covered by the time BAOVIET and the insured may cancel this policy by sending a notice paper 10 (ten) days. The cancellation is effective from the date stated in the notice of cancellation. However, before the paper reported the cancellation effect, if the insured person and BAOVIET back agreement on new fees and conditions this insurance shall continue in effect.
Article 7. Though the paper reported cancellations have send BAOVIET or not, this insurance will also end when boats have insurance are acquired or used for military purposes.
 
CHAPTER IV and article 8 INSURANCE REFUNDS. Insurance premiums are calculated for the time ship insured according to the fee schedule specified by the Ministry of finance.
Article 9. If the insurance contract is cancelled under the provisions of article 6 or article 7 you will refund 80% of BAOVIET (eighty percent) of the charge was filed in time to cancel the contract.
 
Chapter V SPECIAL PROVISIONS article 10. If this provision has the point would contradict "the rule and hull insurance of civil liability of ship owners for boats operating on the Lake sồng the Interior and territorial Vietnam" then settled under this provision.
PREMIUMS BOATS OPERATING on the RIVER OUTDOOR HYDRO INTERIOR and TERRITORIAL VIETNAM (attached to decision No. 254/TCQĐ-BH on May 25, 1990 of the Ministry of Finance) i. PREMIUMS BOATS OPERATING on the RIVER OUTDOOR a. HULL BOAT INSURANCE PREMIUM (the premium rate for a year by the insurance value) 1. For passenger and cargo ships (steel shell).
a. coverage under conditions of "whole losses".
Table 1: under 10 tonnes: 1.80% 101-150 tonnes: 1.10% 10-30 tons: 1.62% of the 151-200 tons: 1.00% 31-50 tons: 1.50% 200-300 tons: 0.89% 51-70 tons: 500-300 tons: 1.38% 0.75% 71-100 tons: 1.22% on 500 tons: 0.56% b. insurance conditions "all risk".
Table 2: under 10 tonnes: 5.14% 101-150 tonnes: 4.00% 10-30 tons: 4.96% of the 151-200 tons: 3.72% 31-50 tons: 4.74% of the 200-300 tons: 3.40% 51-70 ton 4.52% 300-500 tons::




3.10% 71-100 tons: 4.16% on 500 tons: 2.80% Note: for boats of steel mesh or concrete shell the shell of wood premium rate 20% increase compared with the rate of premium steel shell boats have a tonnage equivalent to that of similar insurance conditions.
2. for tugboats: premium calculated according to HP.
a. coverage under conditions of "whole losses".

50 CV: 1.20% 150 CV: 0.78% 75 CV: 1.14% 200 CV: 0.69% 90 CV: 1.08% 0.60% CV: 125 250 CV: CV: 0.50% 1.00% 500 135 CV: 0.90% on 500 CV: 0.40% b. insurance conditions "all risk".

50 CV:



4,00%



150 CV:



2,60%



75 CV:



3,80%



200 CV:



2,30%



90 CV:



3,60%



250 CV:



2,00%



125 CV:



3,30%



500 CV:



1,75%



135 CV:



3,00%



Trên 500 CV:



1,50%


3. For barge (steel shell).
a. coverage under conditions of "whole losses".

30 tons: 150 tons of 0.88% 1.30%: 50 tons: 1.20% 200 tons: 0.80% 1.10%: 70 tons of 250 tons: 100% 0.75 tons: 0.98% 300 tons: 0.71% b. insurance conditions "all risk".

30 tons: 150 tonnes: 3.20% 3.97% 3.80% 200 tons: 50 tons: 2.98% 70 tons: 3.61% 2.84% 100 tons: 250 tons: 3.35% 300 tons: 2.70% Note: for barges and cover with steel mesh cement, premium rate 20% increase compared with the rate of premium steel casing has barge tonnage equivalent to the insurance conditions are similar.
 
ADDITIONAL PREMIUM UNDER AGE the AGE of the vessel, BARGE-From 3 years old: no more-From 4 years to 6 years: 0.3% more Revenue-From 7 years to 9 years: additional 0.6%-From 10 years to 12 years: 0.8% more Revenue-From age 13 to 15 years: Currency add 1.0%-From 16 years to 18 years : 1.20% more Revenue-over 18 years if private insurance agreement.


 
Note in particular the areas less affected rivers of wind, storm, flood season will reduce the original fee rate is 20%. In contrast the area rivers are often influenced by the monsoon, Typhoon, floods will increase the original fee rate is 20%.
 
B. CIVIL LIABILITY INSURANCE for SHIP OWNERS of cargo ships, barges by tons of payload.
For passenger vessels by the seats.
For the calculated horsepower (CV).

Fees charged by the insurance liability ship 10 p. d/service 20 tr. d/service 30 tr. d/service 50 pp. d/cargo 1,200/ton/year of 1,600/ton/year of 1,800/ton/year/2.000 tons/year ship 1,200 VND/seats/year 1,600 VND/Chair/Chair/d/in the 1,800 year 2.000/seats/year 1,600 tug/CV/CV/d/1,800 year 2.000/CV/year 2,200/CV/five barges 1,000/1,200 tons/year/ton/year of 1,600/ton/year of 1,800/ton/year notes :-for small cargo vessels of more than 10 tonnes by 10 tons.
-Case of the purchasing power of Vietnam on market volatility. General Director of BAOVIET allowed to adjust rates (and the corresponding responsibility to ensure the maintenance of actual value is equivalent to the amount specified in the time of promulgation of this rule).
C. BOAT ACCIDENT INSURANCE (1 year fee rate calculated according to the level of responsibility)-liability: From 1.000.000 VND to 5 million VND/person/service.
-Premium rate: 0.25% of the liability year.
 
D. WAR RISK INSURANCE CHARGES (applied to the hull of the boat) a year fee rate calculated according to the value of the boat insurance: 0.05% per year.
 
II. The PREMIUM SEA BOATS and the SEA PHASE of the RIVER a. HULL PREMIUM (the premium rate for a year by the insurance value and apply for different types of ship).
1. insurance conditions "all risk" (M.R.R.)
Calculated according to the load group:-Under 100 DWT: 5.08%-From 101-500 DWT: 4.75%-From 501-1000 DWT: 3.95%-From 1001-2000 DWT: 3.62%-From 2001-3000 DWT: 3.34% – From 3001-4000 DWT: 3.18% – From 4001-5000 DWT: 3.02%-on the 5000 DWT: 2.97% 2. Insurance conditions "whole losses" (T.T.T.B.)
Calculated according to the load group:-Under 100 DWT: 2.91%-From 101-500 DWT: 2.58%-From 501-1000 DWT: 1.78%-From 1001-2000 DWT: 1.46%-From 2001-3000 DWT: 1.176% – from 3001-4000 DWT: 1.02% — from 4001-5000 DWT: 0.86%-on the 5000 DWT: 0.80% 3. Additional charge rates according to age (combined cost ratio of each ship):-From under 4 years old: no more-From 4 to 8 years: additional 0.25%-From 9 to 12 years: 0.50% more Revenue-From 13 to 16 years old: additional 0.75%-from 17 to 20 years old: additional 1.25%-From 21 to 24 years old : 2.00% additional-On 24 separate agreement if insured.


 
 
B. CIVIL LIABILITY INSURANCE COST SHIP OWNERS (insurance premiums collected by the liability).

Premium calculated according to ship type liability 100 pp./service 500 pp. d/service-cargo ships, oil tankers, the 2,100 guests/GRT/8,800 VND/year/GRT tug-2100 d/CV/8,800 VND/CV/a Notes:-for the type of vessel under 100 GRT, 100 CV charge currency by ship 100 GRT, 100 CV.-the case of the purchasing power of the currency market volatility more Vietnam , General Director of BAOVIET allowed adjustment of the fees (and liability, respectively) to ensure the maintenance of actual value is equivalent to the amount specified in the time of promulgation of this rule.