Decision 1998/299/qd-Btc: Issuance Of Rules, Fees, Liability Compulsory Insurance Of Civil Liability Of Owners Of Motor Vehicles

Original Language Title: Quyết định 299/1998/QĐ-BTC: Về việc ban hành Quy tắc, Biểu phí, mức trách nhiệm bảo hiểm bắt buộc trách nhiệm dân sự của chủ xe cơ giới

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The DECISION of the MINISTER of FINANCE regarding the issuance of rules, fees, liability compulsory insurance of civil liability of owners of motor vehicles to the MINISTER of FINANCE pursuant to Decree No. 175/CP dated 28/10/1994 of government functions, tasks, powers and organization of the Ministry of finance;
Based on Civil Law 28/10/1995;
Pursuant to Decree No. 100/CP dated December 18, 1993 by the Government on business insurance and Decree No. 74/CP dated 14/6/1997 amending and supplementing a number of articles specified in Decree No. 100/CP dated December 18, 1993 by the Government on the insurance business;
Pursuant to Decree No. 117/1997/ND-CP dated December 17, 1997 by the Government on the regime of compulsory insurance of civil liability of owners of motor vehicles;
According to the proposal of the Director General, finance banks and financial institutions, the decision: article 1. Attached to this decision rules, fees and liability insurance for civil liability insurance of owners of motor vehicles.
Article 2. This decision takes effect 15 days from the date of signing and substitute for decision No. 504/TCBH on 20/11/1991 of the Minister of Finance issued rules and motor vehicle insurance fees and the decision No 715/TC/BH on 19/10/1993 the Minister of finance regarding the adjustment of liability and compulsory insurance of civil liability of the motor vehicle.
Article 3. Director of finance banks and financial institutions, the Finance Ministry Chief of staff and heads of the relevant units responsible for examining, monitoring the implementation of this decision.
 
The RULES of CIVIL LIABILITY INSURANCE of OWNERS of MOTOR VEHICLES (promulgated by decision No. 299/1998/QD-BTC dated 16 March 1998 of the Minister of Finance) chapter I GENERAL PROVISIONS article 1. The object and scope of application: 1. the insurance business, motor vehicles including car owners is foreigners use vehicles on the territory of the Socialist Republic of Vietnam is obliged to implement the regime of compulsory insurance of civil liability of owners of motor vehicles.
2. The scope of civil liability insurance of owners of motor vehicles in this rule includes: insurance compensation liability contracts by motor vehicles caused for the third person;
Civil liability insurance of owners of motor vehicles for passengers under a contract of carriage of passengers.
Article 2. In this rule the concept here is understood as follows: 1. Third person: who is suffering and damage to property caused by motor vehicles exclude people on the car, drive the car accessories and passengers on that vehicle.
2. Passengers: are the passengers on the car according to the contract of carriage passengers suffered damage to life, health.
3. liability insurance: is the highest amount that the insurer could pay in each crash that occurs in the scope of liability insurance.
4. intentional acts that cause damage: the case of a person aware of his behavior will cause damage to other people that still perform and wanting or not wanting, but to dress for the damage to occur.
Article 3. Contract of insurance: the insurance certificates issued by enterprises at the request of the insured person is evidence of the contract of insurance between the motor and the insurer.
Article 4. Insurance and liability insurance: the insurer and the motor is responsible for implementing the insurance according to the fee schedule and the level of minimum insurance liability attached to decision No 299/1998/QD-BTC of the Minister of finance.
The insurer may agree with the owner of the car to coverage under fees and liability risk range higher or wider coverage under insurance rules, fees and liability insurance that the insurance enterprises have registered with the Ministry of finance.
Article 5. Effect of insurance: the insurance effect begins and ends as specified on the certificate of insurance. Insurance business insurance certificate only when the motor has played enough premiums (unless there are other valid agreements).
Article 6. Transfer of ownership: in the validity period stated in the certificate of insurance, if the transfer of ownership of the car in which the motor vehicle does not require cancellation of the insurance contract, insurance benefits related to the covered vehicle is still in effect for new motor vehicles.
Article 7. Rescission of the contract: the case has requested cancellation of the insurance contract, the motor vehicle must be notified in writing to the insurer know before 15 September. Within 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 for 80% of the time, except in the term insurance contracts are in effect insured event has occurred in relation to the car to ask the cancellation insurance.
Article 8. Liability of owners of motor vehicles: 1. When insurance claims, motor vehicle owners have to declare fully and honestly the content in Paper insurance claims.
2. When traffic accidents occur, the motor vehicle must have the responsibility to: 2.1. Heal, limiting the damage to people and property, protect the scene of the accident, report immediately to the nearest traffic police to solve accidents. Unless there are legitimate reasons, within 5 days from the day of accident, the motor vehicle must send the insurer notified accidents;
2.2. do not move, remove or repair the property without the opinion of the insurer, unless doing so is necessary to ensure the safety of people and property, or to enforce at the request of the competent authority;
2.3. Reserves the right to claim and transfer of claim to the insurer within the scope of the amount which the insurer has compensated accompanied the whole necessary documentation are relevant in the case of accidents related to the responsibilities of the third person.
3. The motor vehicle to be honest in collecting and providing documents from the claim file and create favorable conditions for insurers in the process of verifying the truthfulness of the documents and vouchers.
4. in case of change of the purpose of use of vehicles, the motor vehicle must immediately notify the insurer know to adjust premium rates again for the match.
If the motor does not perform the full range of regulatory liability on the insurer can refuse a part or the full amount of compensation proportionate to the damage caused by the fault of the motor vehicle.
Article 9. The liability of the insurer to: 1. The insurer is responsible for: providing motor vehicle rules, fees and liability related to the civil liability insurance of owners of motor vehicles;
Guide and create favorable conditions for motor vehicle insurance.
2. With regard to the particularly severe accidents (deadly accident or injured many people or damage to property from 20 million VND (twenty million) or more, the insurer must coordinate closely with motor vehicle owners and the authorities from the beginning to solve the crash. Where necessary, the insurer must advance the necessary and reasonable costs within the scope of liability insurance in order to correct a good way for the consequences of the accident.
3. The insurer is responsible for coordinating with the police to collect the necessary documents relating to the accident in the scope of liability insurance.
4. When the claim in full and valid, the insurer must proceed to review and resolve the claim within the compensation prescribed in article 16 below.

Article 10. Duplicate insurance: the insurance case is identical for the same vehicles, the motor vehicle must immediately notify the insurer to know the name of the insurer and the insured amount of each contract that the insurance contract unless otherwise specified.
The insurance case, the liability of each insurer will base according to the rate corresponding to the amount which the insurance business has received coverage and all the insurer responsible only to the extent the liability insurance as specified in the fee schedule and liability insurance attached to this rule.
 
CHAPTER II SPECIFIC PROVISIONS article 11. Insurance liability: to the extent the liability insurance written on the certificate of insurance, the insurer is responsible for paying for the motor vehicle motor vehicle owners to compensation under civil law about the damage occurred to third persons and passenger transport on the car according to the contract of carriage by the use of motor vehicles cause tools possible: 1. For humans: calculated on the basis of the provisions in the contract of carriage-if (for passenger transport on the car according to the contract of carriage), reasonable expenses for the cure, recuperation, real income lost or declined, fostering care of the victim before death funeral, affordable ... and the degree of fault of the car. The total amount of the compensation did not exceed the liability insurance of the person specified in the fee schedule and liability insurance attached to decision No 299/1998/QD-BTC of the Minister of finance;
2. With regard to assets: are calculated according to the actual damage and the degree of fault of the motor vehicle. The total amount of the compensation did not exceed the liability insurance on the property specified in the fee schedule and liability insurance attached to decision No 299/1998/QD-BTC of the Minister of finance;
3. The cost of necessary and reasonable in order to prevent and limit the losses relating to the accident in which a motor vehicle owner costs;
Of the above mentioned expenses not to exceed the total liability stated in the insurance certificate.
Article 12. Move: any loss of assets in liability insurance by the insurer conducting the assessment of damage (unless agreed otherwise) with the witness of the motor vehicle, the third person or the legal representative of the parties concerned to determine the cause and extent of damage caused by the accident.
The case of the motor vehicle is not uniform on the level of damage caused by the insurer to determine, the two parties will select agreement assessor professional techniques make the assessment. The conclusions of the professional technical assessor is considered final. The conclusion of the examination of other professional engineers with the conclusion of the appraiser for insurance, the insurer must bear the costs of the assessment. The conclusion of the professional technical assessor coincides with the conclusion of the insurance assessor, motor vehicle owners have to bear the costs of the assessment.
In special cases, if the insurer cannot perform is setting the minutes, the examiner may be based on the conclusions of the competent authorities and the artifacts are obtained (photo, the testimony of the parties concerned...) to determine the extent of the damage.
Article 13. The exclusion of insurance: the insurer is not responsible for damages caused in the following cases: 1. The Act of intentionally causing damage to the vehicle owner, or of the victims;
2. no Vehicle inspection certificate for technical safety and environment.
3. Driving with no valid (for motor vehicles are required to have a driver's license); driving, alcohol, wine, draught beer exceeded the provisions of current law, when concluded in writing by competent State agencies;
4. Vehicles carrying Flammables, explosives illegally (unlicensed transportation or transported contrary to the provisions of the shipping license).
5. The car used to drive volume, sports racing, racing, running trials after repair (unless agreed otherwise);
6. The car into the forbidden, prohibited areas; the car did not have enough night lights as prescribed;
7. War and similar causes of war;
8. The accident occurred outside the territory of the Socialist Republic of Vietnam (unless agreed otherwise);
9. Damage properties cause indirect effects such as decreased commercial value, the damage associated with the use and exploitation of property damage;
10. Damage to property is stolen or robbed in the accident;
11. Truck load or too too the number of passengers.
In addition, the insurer is also not liable in damages for special properties including: jewelry, precious stones;
Money, valuable papers as money;
Antiques, pictures and rare;
His body remains.
Article 14. Claim: claim includes the following papers: 1. reporting of accidents; Paper claim of the motor vehicle;
2. Copies of the following documents: 2.1. The certificate of insurance;
2.2. Driving License (for motor vehicles are required to have a driver's license);
2.3. Certificate of registration of the vehicle;
2.4. control certificate of technical safety and environment;
2.5. the business registration license to transport passengers in the event the passenger claims a loss of life and health;
3. Conclusion of the investigation the ears of police or a copy of the nan record accidents (certified by the police where accepting the accidents) include: 3.1. Diagram of the scene of the traffic accident;
3.2. Compiling examination;
3.3. A vehicle examination relating to traffic accidents;
3.4. The minutes settle traffic accidents;
4. The decision of the Court (if any);
5. The papers relating to the liability of the third (if available);
6. Report on the evaluation of the damage (if any);
Article 15. Claim procedures: When requesting compensation, motor vehicle owners are responsible for the transfer of the business of insurance claim under the provisions of article 14 and the following documents: 1. for damage to person: 1.1. Cases of injuries: papers of the competent health authorities confirmed the victim's disability status due to traffic accident caused the victim's trade certificate, paper out, operating Votes and papers related to the cost of health care, ...
1.2. in case of death: the death certificate of the victim;
2. for damage to property: The evidence of the damage as the repair bills, replacement of the damaged property due to accident;
3. The proof of the necessary and reasonable costs that costs car owners to minimize losses or to implement the instructions of the insurer.
 
CHAPTER III DISPUTE RESOLUTION article 16. The time limit for the request, payment and claim: 1. The duration of the claim of the motor vehicle: six (6) months from the date of accident, unless delays due to objective causes and force majeure as defined by the law.
2. The time limit for the payment of compensation by the insurer: fifteen (15) days of receiving the claim in full and valid and does not extend beyond 30 September in the case must proceed to verify the record.
Cases of refusal of compensation, the insurer must notify the motor vehicle the reason to refuse compensation in time.
3. The time limit for claims for compensation of the motor vehicle: three (3) months from the date the insurer paying compensation or denial of compensation. So the time limit on any claim is no longer valid.

4. where the third person or under the contract of carriage passengers suffered human losses and property by motor vehicles were insured caused complaints directly insist insurers that compensation, the insurer is responsible to contact the motor vehicle to solve satisfactorily according to the compensation provisions of this rule.
Article 17. Dispute resolution: any dispute arising from the insurance contract, if not resolved by negotiation between the parties concerned will be taken off the Court in Vietnam settled./.
 
FEES and LIABILITY INSURANCE of CIVIL LIABILITY of OWNERS of MOTOR VEHICLES (promulgated by decision No. 299/1998/QD-BTC of the Minister of Finance) 1. Liability insurance: 1.1. About people: 12 million people (with regard to third persons and passengers under a contract of carriage of passengers) 1.2. About the property: 30 million VND/service (for the third person).
2. Premiums (for passengers and third person under a contract of carriage of passengers) Of Premium vehicles in the TT (copper) 1 motor 12 cake:-From 50CC and under 37,000-44,000 2 50 CC Car On lam, three-wheelers, cyclo air, the car pulled 113,000 3 vehicle-From 5 seats 160,000-From 06 to 15 seats 380,000-from 16 to 24 seats on the 24-620,000 900,000 4 truck seat-Under 3 tons of 240,000-From 3 up to 8 tons of 370,000 tons of 510,000 5 8-Car freight 320,000 6 cargo trailer types by traction load regulations as item 4 7 truck trailer 30% cost of item 4 8 truck vehicles with special equipment such as specialized lifting equipment , loading, cleaning, mixing Peton. ... the car carrying petrol. ...



By 120% compared to the same important vehicle load 3. Other provisions: 3.1. For the car to have a business license, the intercity passenger fee plus 30% more than the prescribed fee; with regard to the internal bus plus 15% in comparison with the fees regulations.
3.2. for taxis, the cost plus 30% in comparison with the fees regulations.
3.3. The car owners have from 50 vehicles are insured in an insurance business shall be reduced by 15% of the total fee payable.
3.4. short term insurance: under 3:30% of the fees From 3 to 6 months: 60% year over 6 months to 9 months: 90% charge in On May 9:100% fees.
 

Related Laws