The DECISION issued a temporary regulation on the General provisions of the contract of insurance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MINISTER of FINANCE the civil code base published by the order of 44L/CTN on 9-1-1995 of the President of the Socialist Republic of Vietnam;
Pursuant to Decree 177/CP on 28-10-1994 government regulations regarding the duties, powers and organization of the Ministry of finance;
Pursuant to Decree No. 100/CP on 18-12-1993 of the Government regulation of insurance business;
Based on the actual situation in the insurance business and in order to protect the interests of the insured person;
According to the proposal of the Director General, finance banks and financial institutions.
Article 1: DECISION attached to this interim regulation decisions about the General provisions of the contract of insurance.
Article 2: the decision has effect from the date of signing. Director of finance banks and financial institutions, Office of the Chief Justice, the Director of the insurer is responsible for the implementation of this decision.
 

 



Nguyen Sinh Hung (signed) the TEMPORARY REGULATION On the General provisions of the insurance contract (attached to decision no/TC/QD/581a TCNH on 1 July 1996 of the Minister of Finance) i. GENERAL RULES The rules in this regulation that apply to all insurance contracts; except the maritime insurance contract specified in The Vietnam maritime law on 12-7-1990.
The insurance contract is an agreement between the buyer of insurance (hereinafter insured person) with insurance (hereinafter referred to as the insurer) under which an insurer accepts the risks on the basis of premium income of the insured person to accept responsibility or pay compensation insurance when unexpected events happen in liability insurance (below called the insurance event).
The insurer is only liable to the insured person including cases have reinsurance risks insured.
II. The RULES APPLY To ALL TYPES Of INSURANCE CONTRACTS 1. Form of the contract of insurance: the insurance contract must be-up in writing. Only when the insurance contract was signed, certificates or insurance are granted and in force or when writing to accept insurance of the insurer on the basis of the insurance fee, the new insurance responsibilities commitment value.
-Proposed by the insured person request, renew, modify or please continue the suspended contracts considered as accepted, if not rejected within 15 (fifteen) days from the date the insurer received the proposal, unless the contract of insurance there are other deals.
-Insurance business cases associated with the type of other services such as passenger transport, travel ... to conduct insurance business insurance and who has the authority to conduct the combined services of insurance must still sign the insurance contract in principle with enough content rules. In this case the ticket sheets (according to the price premium) was sold to people who use the service will be considered evidence of the contract of insurance between an insurer and the insured.
2. Insurance or insurance: certificate is evidence of the contract of insurance and must be made in writing clearly, by the insurer upon request of the insured person.
3. Contents insurance-insurance is on topic, month, year, and must be granted adequate records at the following:-the name and address of the insurer, the insured person and the person is entitled to benefits.
-The risks to be covered.
-Conditions of insurance.
-The amount of insurance.
-Premium and how to file charges.
-Start date of insurance and insurance period.
-Where and how compensation or pay for insurance.
-The exclusion, if there must be a clear record.
4. The types of insurance-insurance can write the name of one or more of the insured and recorded the name of the owner of private insurance, if appropriate.
-Insurance Unit may assign or otherwise transfer the terms or conditions specified in the application.
-Depending on the terms, conditions and exclusions of coverage specified in the application for insurance, the insurer is liable to indemnify or pay a premium for loss of objects covered by others to cause, any nature and extent of the person's fault.
5. Obligations of the insurer:-When the insurance event occurred within the insurance period, the insurer must pay compensation or insurance has stated in the contract in accordance with the terms and conditions of the contract.
-Schedule of compensation or pay for insurance, must not exceed 90 (ninety) days from the date of the full records of complaints. Full profile cases identified clear liability insurance, the insurer may advance or compensation or pay for insurance regulation in early on to help people be covered quickly overcome the consequences caused by the insured event.
-The insurer does not pay insurance amount too unless agreed otherwise.
6. Obligations of the insured.
-The insured person has a responsibility: to declare true enough, honestly all the details at the request of the insurer to insurer can contract insurance for the risks that they take on the responsibility.
-Pay premiums in full and correct term agreed in the contract.
-Declare the special cases can increase the risk, to premium rate determination, or makes the insurer denied insurance.
-Notify the insurer immediately when the information and the latest is 5 (five) days after the insured event occur, unless there is good reason to prevent the insured service. Private insurance for theft, notification deadline is 24 hours except holidays and Sundays.
-The insured person has a responsibility to prevent the limited precautions caution as the losses are not covered.
7. Time-time related to insurance contracts in accordance with the current legislation and is calculated from the date of occurrence of the event insured.
a. the case of the insured person does not notify the insurer about insurance event occurrence, the wrong message or ignore the message about the importance of the event, the time is calculated from the date the insurer should be known about that event.
b. If the insurance event occurs for which the insured person proves before then they don't know the time from the date the insured knows it.
-The case of the third complaint the insured damages in the coverage, the time from the date of the claim or third day is considered a reasonable time to the third complaint the insured.
8. Dispute resolution of disputes arising from the insurance contract can be settled by negotiation or agreement between the parties concerned. The case of the party cannot or does not accept negotiation or agreement, the dispute will be settled in civil courts, economic courts or arbitration due to the two parties to the agreement.
III. The PROVISIONS APPLICABLE to the CONTRACT of PROPERTY INSURANCE and CIVIL LIABILITY in addition to the provisions in section II above, the contract of property insurance and responsibility need to meet more of the following conditions: 1. The contract of insurance of civil liability

-In civil liability insurance, only if a third claim the insured person new compensation liability insurance.
-Tackling the excesses of business does not mean that the insurer has admitted liability insurance for the insured.
-The extent of the sum insured, the insurer must pay the compensation or covered the legal costs related to the responsible party in the event of losses.
2. Contract of property insurance property insurance contract is a contract of indemnity, the amount of compensation that the insurer must pay the insured does not exceed the value of the property insured at the time and in the place where the accident occurred.
3. Insurance on the value-the insurance case on the value of the insured due to deception or deliberate false declaration when signing the insurance contract, the insurer has the right to cancel the contract and claim damages.
-Cases of insurance on the value there is no fraud, the limit of liability is the actual value of the object to be insured and the insured person does not have the right to reclaim the premiums already paid exceeds the value of the piece.
4. insurance under the insurance case value under value, the insurer is only liable for the losses according to the ratio between the amount of insurance and the insurance value.
5. duplicate insurance coverage cases coincide for the same objects of insurance, the insured must 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 responsibility of every business will base according to the rate corresponding to the amount of insurance that a received business and insurance all insurance business only responsible within the scope of the actual value of the insured object.
6. Losses due to the inherent nature of the insurer is not responsible for the object insured loss, damage caused by inherent nature or due to natural wear caused, unless the contract of insurance there are other rules.
7. Losses due to risks not insured caused the event object to be insured losses due to a non-incident recorded in the contract caused the insurance contract naturally ends since the loss of the entire, and upon receipt of the notification of the insured , the insurer must refund the premium number obtained for the remaining time.
8. Turn right to complain-after compensation for insured losses caused by third persons, within the scope of the compensation amount, the insurer has the right to complain to the third person. Authority for the insurer said here must be made in writing by the insured sign it.
-The insurer has the right to refuse compensation in part or all of the losses caused by third persons, if the insured person reduce benefits, or does reserve the right to complain to the insurer as specified above.
-The insurer not authority to complain, grandchildren, parents, spouses, or employees of the insured person, unless the person's intentional fault causes.
9. The amount of compensation and determine the loss-the amount of compensation that the insurer must pay the insured is determined on the basis of the value of the object to be covered and the extent of the losses at the time and in the place where the damage occurs, unless otherwise specified in the contract of insurance.
-Costs necessary to determine the losses stated above by the insurer, if the loss in liability insurance.
10. Precautions and limit the losses-the case of a malfunction directly related to the object of insurance, the insured has the obligation to conduct all the necessary measures to minimize losses.
-In addition to the amount of compensation for the losses, the insurer must pay the insured the reasonable and necessary costs due to have performed their obligations and the costs incurred by the implementation of instructions of the insurer.
11. Waiver-covered object the insured not abandon the insured object, except when in the contract of insurance otherwise.
-After the entire loss compensation, the insurer has the right to withdraw the portion of the remaining assets, if the insured person from removing the object insured, to offset the money was compensation for the insured.
12. Do not exist in risk insurance contract will have no effect if after conclusion of the insurance contract the insurance object that does not exist or could not be risk-free. The insurer must refund the premium corresponding to the remaining time of the insurance contract to the insured person.
IV. The RULES APPLY for INSURANCE, the insurance MAN people in this regulation be interpreted is the type of life insurance, workers ' compensation insurance, voluntary health insurance and other insurances related to the life and health of human life duration. In addition to the provisions of section II, the insurance people have to meet the following requirements: 1. The amount Of insurance coverage people, the insurance amounts are defined in advance and was recorded in insurance.
2. Do not be so right after paying a premium for the insured or who pharmacy inherited according to the insured, the insurer was not that the right to complain to the third person caused the accident to the insured.
3. Sign the contract on the basis of the third death case of a contract of life insurance for the case of death of the insured person is not the owner of the insurance must be that person agree in writing stating the amount of insurance, if not an insurance contract has no value whether already paid premiums.
4. Prohibition of conclusion of insurance contract for the case of death of children under the age of 16, except where the father, mother or legal guardian (if no parent) agree in writing.
5. Do not file charges because no Private lawsuit life insurance, the insurer does not have the right to complain or sue the insured to claim filed. If the contract has been in force under the 2 (two) years, the insurance contract was cancelled. If the contract has been in force for 2 years then the parties have the right to reduce the level of agreement except for insurance benefits, if the insured person does not submit the premium.
V. the TERMS OF IMPLEMENTATION of this regulation in effect since July 1, 1996.
The insurer has the responsibility to review and modify all of the rules, the insurance terms for compliance with this regulation. Applicable rules, foreign terms, the content of the rules which must also conform to these rules.
For insurance contracts signed before the date this regulation in effect, still have legal value bound between the insured and the insurer.
In the process, if there are difficulties and problems, recommend timely reflection of the Finance Ministry to consider additional amendments.