The decision on issuing of rules, fees and liability compulsory insurance of civil liability of motor vehicle củachủ the SECRETARY of the civil code base on 28/10/1995;

Pursuant to the law on insurance business no. 24/2000/QH10 on 9 December năm2000;

Pursuant to Decree No. 175/CP dated 28/10/1994 of the Government địnhchức mission, powers and organization of the Ministry of finance;

Pursuant to Decree No. 117/1997/ND-CP dated December 17, 1997 by the Government of vềchế level of compulsory insurance of civil liability of owners of motor vehicles;

Pursuant resolution No. 13/2002/NQ-CP on 19/11/2002 vềcác Government's solution to curb rising and progress to decrease traffic accidents and traffic ùntắc.

According to the proposal of the Director General of finance and the Bank of the main, chứcTài decision: article 1: the attached decision rules, fees and liability warranty hiểmbắt required civil liability of motor vehicle owners.

Article 2: Quyếtđịnh this effect after 15 days from the date the quote and replace Quyếtđịnh 299/1998/QD-BTC dated 16/3/1998 of the Minister of Finance on the banhành rules, fees and liability compulsory insurance of civil liability of motor vehicle owners sựcủa. The insurance contract was committed before the date of the decision nàycó in force still continue to follow the rule of law in thờiđiểm contracts.

Article 3: Vụtrưởng Financial Services of banks and financial institutions, the Chief of The Tàichính and the heads of the relevant units responsible for inspection sátviệc this decision enforcement./.

The rule of compulsory insurance of civil liability of owners of motor vehicles (promulgated by decision No. 23/2003/QD-BTC dated 25 February 2003 of the Minister of Finance) chapter I GENERAL PROVISIONS article 1. Object and scope of application 1. Insurance business, motor vehicles including car owners is foreigners use motor dụngxe on the territory of the Democratic Republic literally meaning current mode vụthực Vietnam compulsory insurance of civil liability of owners of motor vehicles.

2. The regime of compulsory insurance of civil liability of owners of motor vehicles in the tắcnày include: Bảohiểm compensation liability contracts by motor vehicles caused thiệthại of people and property against third persons;

Bảohiểm civil liability of motor vehicle owners for damage to physical vàtính your network according to the contract of carriage of passengers.

Article 2. Explain the wording of this rule TrongQuy, the concept here is understood as follows: 1. Third person: who is suffering and damage to property due to the sửdụng of motor vehicles cause, except the following ones: Láixe, extra vehicles on that vehicle;

To vaccinate the vehicle and passengers on that vehicle;

Chủsở owner vehicle unless the owner has delivered to the other person to possess, use dụngchiếc.

2. Passengers: who are transported on the vehicle according to the contract of carriage of passengers kháchthuộc the forms prescribed in the civil code.

3. liability insurance: is the maximum amount that the insurer has paid thểphải for damage to people and property in each accident happened thuộcphạm vi liability insurance.

4. intentional acts that cause damage: the case of a person well aware củamình behavior will cause damage to other people that still perform and desire or want, but khôngmong to dress for the damage to occur.

Article 3. Giấychứng insurance insurance by enterprises granted at the request of the insured làbằng evidence of the contract of insurance between the motor and the bảohiểm business. The main content of the certificate of insurance specified in Subsection lục1-contents of insurance certificates attached to decision số23/2003/QD-BTC of the Minister of finance.

Article 4. Premiums and liability insurance In insurance and motor vehicle owners are responsible for insurance under Biểuphí and the minimum insurance liability attached to decision số23/2003/QD-BTC of the Minister of finance.

Insurance can in agreement with car owner to covered under fee schedule and mứctrách higher or the scope broader insurance risk insurance rules, fees and liability insurance attached to decision số23/2003/QD-BTC of the Minister of finance.

5. insurance Hiệulực insurance effect begins and ends as specified on the certificate of bảohiểm. Insurance business insurance certificate only when the motor vehicle giớiđã close enough (unless agreed upon otherwise in writing).

Trongthời term of validity stated in the certificate of insurance, if the chuyểnquyền property of the car in which the motor vehicle does not have to request cancellation of the contract of insurance thìmọi insurance benefits related to the covered vehicle is still lựcđối with brand new motor vehicles.

Article 6. Rescission of the contract of insurance Trườnghợp has requested cancellation of the insurance contract, the motor vehicle must be reported by an insurer for vănbản know before 15 September. Within 15 days of cancellation notice ngàynhận, if the insurer had no idea the hợpđồng insurance was cancelled, the insurer must refund the premium car chochủ 80% of the time, except in the hợpđồng period of insurance in effect insured event has occurred in relation to chiếcxe requesting a cancellation insurance.

Article 7. Liability of motor vehicle owners 1. When insurance claims, the motor vehicle must be fully informed and honest nhữngnội content in paper insurance claims.

2. When traffic accidents occur, the motor vehicle must be responsible: 2.1. Heal, limiting the damage to people and property, protect the scene of the accident, notify the insurer to coordinate resolution. Within 5 days on kểtừ of accident (unless there are justifiable reasons), the motor vehicle must gửicho the insurer notified accidents (annex 2: notice of accident claims vàyêu attached to decision No. 23/2003/QD-BTC trưởngBộ);

2.2. do not move, remove or repair the property when no comments củadoanh insurance, unless doing so is necessary to ensure antoàn, precautions, limiting the damage to people and property, or to enforce the theoyêu bridge of the competent authority;

2.3. Reserves the right to transfer claims and compensation for business bảohiểm within the amount which the insurer has compensated accompanied toànbộ certificate from the relevant necessary.

3. The motor vehicle to be honest in collecting and providing documents from the claim file and create favorable conditions for the insurance in the process of verifying the truthfulness of the document, chứngtừ.

4. in case of change of the purpose of use of the vehicle as specified in the fee schedule and the level of tráchnhiệm civil liability insurance of owners of motor vehicles attached to Quyếtđịnh No. 23/2003/QD-BTC of the Minister of finance, the motor vehicle must thôngbáo immediately for the insurer to adjust the premium rate again hiểmcho fit.

Nếuchủ of motor vehicles not perform the full range of regulatory responsibilities on the insurance in may refused a part or the full amount of compensation tươngứng with damage caused by the fault of the motor vehicle.

Article 8. Liability of the insurer 1. Guide and create favorable conditions for motor vehicle insurance.


2. in the accident, if it deems necessary, the insurer must closely phốihợp with motor vehicle owners and the authorities from the beginning to giảiquyết accident. Where necessary, the insurer must advance ngaynhững necessary and reasonable costs within the scope of liability insurance in order to khắcphục a good way for the consequences of the accident.

3. The insurer is responsible for coordinating with the police to collect the necessary papers thậpcác is relevant in order to determine the cause and extent of thiệthại of the crash in the scope of liability insurance.

4. When the claim in full and valid, the insurer must proceed xétvà compensation compensation within the time limit prescribed in Điều13 below.

Chapter II SPECIFIC PROVISIONS article 9. Liability insurance Trongphạm insurance liability rates recorded on the certificate of insurance, the insured is responsible in paying for motor vehicle owners xecơ must compensate according to the Civil Code regarding the damage happened for three ngườithứ and passenger transport on the car according to the contract of carriage by the use of motor dụngxe cause: 1. for human losses: Bồithường reasonable expenses for the cure, recuperation, collect international nhậpthực been lost or declined, fostering, care of the victim before death, buried at affordable ... According to the degree of fault of the motor vehicle.

Chủxe and the insurer may agree to pay ápdụng method choice according to the specified table to pay compensation to persons (annex 3-the specified table to pay compensation on the attached theoQuyết No. 23/2003/QD-BTC of the Minister of Finance).

2. for property damages: actual damages according to the degree of fault of the motor chủxe.

3. The cost of necessary and reasonable in order to prevent and limit the losses related to the vụtai accident in which a motor vehicle owner costs;

Tổngcác compensation and costs stated above does not exceed the liability bảohiểm recorded in the certificate of insurance and not exceed the actual amount of chủxe to the victim's compensation under the civil settlement or the decision of toàán.

Trườnghợp the motor vehicle involved from two insurance contracts and over for the same airport cơgiới then just compensation amount is calculated on a contract of insurance. Insurance in the insurance contract, the first level of responsibility to resolve thườngvà claims recovery of compensation amount divided equally for the insurance contract.

Article 10. Giámđịnh Interior Mọitổn losses on the property are the responsibility of insurance by the insurer tiếnhành the assessment of damage (unless agreed otherwise) with the witness of the motor chủxe, the third person or the legal representative of the stakeholders quanđể determine the cause and extent of damage caused by the accident.

Trườnghợp motor vehicle owners not uniform on the cause and extent of damage caused by insured defined in, both sides will select agreement assessor thuậtchuyên industrial skills made the assessment. The conclusions of the technical assessor thuậtchuyên career as a base to determine the damage. The conclusion of the giámđịnh other professional engineers with the conclusion of the appraiser for insurance, the insurer must bear the costs of the assessment. The conclusion of the giámđịnh professional technical staff coincided with the conclusion of the assessor bảohiểm, motor vehicle owners have to bear the costs of the assessment.

Special case in high, if the insurer cannot perform việclập thereon, the examiners can base on the report, the conclusions of the competent functions cơquan and collected artifacts (photos, testimony củacác stakeholders) to determine the cause and extent of damage.

Article 11. Exclusions In insurance coverage is not responsible for damages caused in the following trườnghợp: 1. The Act of intentionally causing damage to the vehicle owner, driver, or of the victims;

2. no Vehicle inspection certificate for technical safety and environment (for vớiloại car requires);

3. Driving without a valid driver's license (for vehicle phảicó driving license required); driving, alcohol, wine, draught beer exceeded củapháp law regulations, when concluded in writing of State bodies has thẩmquyền or has other stimulants that the law prohibited the use;

4. Vehicles used for racing, sports car racing, testing after repair (trừkhi have agreed otherwise);

5. The car into the forbidden, prohibited areas;

6. Damage properties cause indirect effects such as decreased commercial value, the damage associated with the use and exploitation of property damage;

7. Damage to property is stolen or robbed in the accident;

8. War and similar causes of war;

9. Damage to the special property include: gold, silver, gemstones, money, valuable papers such as money loạigiấy, antiques, rare pictures, body, remains.

Article 12.-profile Hồsơ claim compensation includes the following documents: 1. The notice of accident and claim (Appendix 2-notice of accident and claim yêucầu attached to decision No. 23/2003/QD-BTC trưởngBộ).

2. 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, cứuchữa, death certificate of the victim, the evidence from the treatment, funeral costs.

3. The proof of property damage as the repair bills, replacement of your accidental damage sảnbị; the proof of the necessary and appropriate costs lýmà costs car owners to minimize loss or to make the instructions in insurance.

4. Conclusion of the investigation of the accident, in the absence of the luậnđiều accident of public security, the compensation will base on the minutes of the Executive địnhcủa insurance business.

Chapter III DISPUTE RESOLUTION article 13. Time limit requested, payment and claim 1. claim time limit of the motor: one year from the date of tainạn, except in cases of delay due to objective causes and unforeseen theoquy the law.

2. The time limit for the payment of compensation by the insurer: fifteen (15) days upon receipt of the kểtừ claim full and valid and does not extend beyond 30 ngàytrong the case must proceed to verify the record.

Trườnghợp refuse compensation, the insurer must notify in writing the motor vehicle chochủ reason reject compensation within 30 days of the ngàynhận profile to claim insurance.

3. Time of the compensation insurance: three (3) years from the date the insurance compensation payment in or denial of compensation. Too hạntrên every time a complaint is no longer of value.

4. in case of third persons or passengers under the contract of carriage was vềngười and property damage caused by motor vehicles has insured caused direct complaints industry tiếpđòi that indemnification, the insurer is responsible for nhiệmliên with motor vehicle owners to compensation in accordance with the provisions of this code tạiQuy.

Article 14. Mọitranh dispute resolution disputes arising from the insurance contract, if not resolved by the thươnglượng between the parties concerned will be taken off the Court in Vietnam.