Circular No. 13/2012/TT-BTC stipulates compulsory insurance for organizations and individuals conducting radiation work. It applies to insurance companies and policyholders, specifying rights, obligations, compensation limits, claims procedures, and the duration of insurance contracts.
Scope of application
Organizations and individuals conducting radiation work; insurance companies, branches of foreign non-life insurance companies in Vietnam; organizations providing cross-border insurance services.
Key points
- Organizations and individuals conducting radiation work must purchase occupational insurance, civil liability insurance, and environmental damage compensation insurance (Article 10, Article 17, Article 24).
- Insurance companies and policyholders agree on the insurance premium and the duration of the insurance contract (Article 5, Article 6).
- Policyholders must notify the insurance company when their radiation work license is suspended or revoked (Article 7).
- Insurance companies compensate according to the principles and limits of liability specified in the insurance contract (Article 15, Article 20, Article 28).
- Policyholders must provide full information related to the insured object to the insurance company (Article 31).
🌐 Social impact of this document
- Establishing a legal basis to ensure the rights of workers and organizations and individuals conducting radiation work.
- Reducing financial risks for insurance companies and policyholders through clear provisions on compensation responsibilities.
- Enhancing radiation safety management by requiring organizations and individuals conducting radiation work to participate in compulsory insurance.
❓ Frequently asked questions
What rights does the policyholder have?
The policyholder has the right to choose an insurance company, request explanations about the insurance contract, and demand prompt compensation (Article 30).
What obligations must the insurance company fulfill?
The insurance company has the right to collect insurance premiums, request information from the policyholder, and refuse compensation if it is not within the scope of insurance liability (Article 32).
How must the policyholder pay the insurance premium?
The policyholder must pay the insurance premium fully and on time as agreed in the insurance contract (Article 31).
What information can the insurance company request from the policyholder?
The insurance company has the right to request that the policyholder provide complete and truthful information related to the insured object (Article 32).
What is the duration of the insurance contract?
The duration of the insurance contract is agreed upon by the insurance company and the policyholder (Article 6).
Full text
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MINISTRY OF FINANCE ----------- Number: 13/2012/TT-BTC |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------------------------------------------------ Hanoi, February 7, 2012 |
CIRCULAR
Regulations on mandatory occupational insurance, civil liability insurance, and environmental damage compensation liability insurance for organizations and individuals conducting radiation work
Pursuant to the Law on Insurance Business No. 24/2000/QH10 dated December 9, 2000 and the Law Amending and Supplementing Certain Provisions of the Law on Insurance Business No. 61/2010/QH12 dated November 24, 2010;
Pursuant to the Government Decree No. 07/2010/NĐ-CP dated January 25, 2010 detailing and guiding the implementation of certain provisions of the Atomic Energy Law;
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Pursuant to the Atomic Energy Law No. 18/2008/QH12 dated June 3, 2008;
The Ministry of Finance guides the implementation of mandatory occupational insurance, civil liability insurance, and environmental damage compensation liability insurance for organizations and individuals conducting radiation work as follows:
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
This Circular stipulates on mandatory occupational insurance, civil liability insurance, and environmental damage compensation liability insurance for organizations and individuals conducting radiation work.
1. Organizations and individuals conducting radiation work.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
2. Insurance companies, branches of foreign non-life insurance companies established, organized, and operating in Vietnam and permitted to implement liability insurance according to the laws.
Article 2. Applicability
3. Organizations providing cross-border insurance services shall comply with this Circular and the laws on cross-border insurance service provision.
4. Relevant organizations, individuals, and agencies.
The terms used in this Circular are understood as follows:
1. Insurance company is an insurance company established, organized, and operating in accordance with the Law on Insurance Business, the Law Amending and Supplementing the Law on Insurance Business, and the guiding documents, and permitted to implement liability insurance according to the laws.
Article 3. Definitions
2. Organizations and individuals conducting radiation work are organizations and individuals conducting radiation work required to purchase occupational insurance, civil liability insurance, and environmental damage compensation liability insurance as prescribed in Article 90 of the Atomic Energy Law and Clause 13 of Government Decree No. 07/2010/NĐ-CP dated January 25, 2010 detailing and guiding the implementation of certain provisions of the Atomic Energy Law.
3. Incident in this Circular includes radiation incident and nuclear incident, wherein: radiation incident is a situation of loss of radiation safety and security for radioactive sources; nuclear incident is a situation of loss of nuclear safety and security for nuclear materials and nuclear equipment.
4. Radiation damage is loss to people, property, and environment caused by a radiation incident, including costs for remediation.
5. Nuclear damage is loss to people, property, and environment caused by a nuclear incident, including costs for remediation.
6. Occupational disease is a disease arising from harmful working conditions of radiation work for workers.
7. Worker is a person who has entered into a labor contract with the insured party according to the laws.
8. Work-related accident is an accident occurring during the course of work, closely related to the performance of radiation work or having causes from performing radiation work causing injury to any part or function of the worker's body (including occupational diseases) or causing death of the worker.
9. Third party is a person suffering economic, property, life losses or injury to any part or function of their body caused by a radiation incident and a nuclear incident except the insured party.
8. Occupational accident means an accident occurring during the labor process, closely related to the performance of radiation work or having causes from the performance of radiation work that result in damage to any part or function of the worker's body (including occupational diseases) or cause the death of the worker.
9. Third party refers to a person suffering economic loss, property damage, loss of life, or injury to any part or function of the body caused by a radiation incident or a nuclear incident, except for the insurance policyholder.
Article 4. Insurance Liability Limit
The insurance liability limit shall be agreed upon between the insured party and the insurance company and recorded in the insurance contract.
Article 5. Principles for Calculating Premiums
The insurance premium is the amount that the insured party must pay to the insurance company when purchasing insurance. The insurance premium shall be agreed upon between the insured party and the insurance company based on an assessment of the risks being insured and related factors, but it must comply with the following principles:
1. It shall be established based on statistical data. In cases where there is no statistical data, research, reference, and reliance on international experience and offers from foreign reinsurance companies may be conducted.
2. It shall ensure the payment capacity of the insurance company.
3. It must correspond to the conditions and insurance liabilities.
Article 6. Duration of the Insurance Contract
1. The duration of the insurance contract shall be agreed upon between the insurance company and the insured party and recorded in the insurance contract.
2. The insurance company shall not be liable for claims arising from causes occurring before the effective date of the insurance contract.
Article 7. Termination of the Insurance Contract
The insurance contract shall terminate in the following cases:
1. The insurance contract shall automatically terminate if the insured party is suspended or has their Radiation Activity Permit revoked according to the law.
The termination date of the insurance contract shall be the date the insured party is suspended or has their Radiation Activity Permit revoked according to the law.
If the insured party notifies the insurance company in writing about being suspended or having their Radiation Activity Permit revoked within five working days from receiving the notification, the insurance company must refund 70% of the remaining period's insurance premium to the insured party if no insurance event has occurred. The notification period shall be agreed upon between the insurance company and the insured party in the insurance contract.
The insurance company is not required to refund the insurance premium if the insured party does not notify the insurance company about being suspended or having their Radiation Activity Permit revoked within the agreed notification period in the insurance contract.
2. The insured party requests to terminate the insurance contract.
In this case, the insured party must notify the insurance company in writing at least thirty days before the intended termination date of the contract and must provide evidence of another similar insurance contract having been arranged.
If no insurance event has occurred, within five working days from receiving the termination notice, the insurance company must refund 70% of the remaining period's insurance premium to the insured party.
3. Other cases as prescribed by law.
Article 8. Damage Appraisal
1. When an incident occurs, the insurance company or the person authorized by the insurance company must take the lead and closely cooperate with the insured party, healthcare facilities, third parties, or legal representatives of the relevant parties to conduct a damage appraisal to determine the cause and extent of the loss.
2. If the insured party disagrees with the cause and extent of the loss determined by the insurance company, both parties may agree to select an independent appraisal agency to conduct the appraisal. If the parties cannot agree on requesting an independent appraisal, one of the parties may request the court where the damage occurred or where the insured party's headquarters is located to appoint an independent appraiser. The written conclusion of the independent appraiser shall have binding force for all parties.
3. If the conclusion of the independent appraiser differs from the appraisal conclusion of the insurance company, the insurance company must bear the appraisal costs. If the conclusion of the independent appraiser matches the appraisal conclusion of the insurance company, the insured party must bear the appraisal costs.
4. In special cases where an appraisal cannot be conducted, the insurance company may rely on records, conclusions of competent authorities, and related documents to determine the cause and extent of the loss.
Article 9. Time limit for compensation payment
1. The time limit for the insurance company to make compensation payments is fifteen days from the date of receiving all complete claim files, unless otherwise agreed in writing.
2. In case of refusal to compensate, the insurance company must notify the person who submitted the claim request in writing of the reasons for refusing compensation within thirty days from the date of receipt of the claim request file.
PART II
SPECIFIC PROVISIONS
Section 1
OCCUPATIONAL INSURANCE
Article 10. Insured Party
The insured party is an organization employing workers that has been granted a permit to carry out radiation work as follows:
1. Operating nuclear research reactors and nuclear power plants;
2. Operating irradiation equipment including accelerators; treatment devices; irradiation sterilization and material processing devices; using X-ray diagnostic equipment in healthcare (including: general X-ray imaging devices, X-ray fluoroscopy devices, dental X-ray devices, mammography X-ray devices, mobile X-ray devices, computed tomography (CT) scanners, bone density X-ray devices, interventional and angiographic X-ray devices, veterinary X-ray devices), and other radiation devices;
3. Producing and processing radioactive materials;
4. Storing and using radioactive materials;
5. Exploring, mining, and processing radioactive ore;
6. Enriching uranium; manufacturing nuclear fuel;
7. Treating, storing, and burying radioactive waste, used radioactive sources, and used nuclear fuel;
8. Constructing, changing scale and scope of operation, and ceasing operation of radiation facilities, nuclear facilities;
9. Using nuclear materials outside the nuclear fuel cycle;
10. Packaging and transporting radioactive materials;
11. Operating ships and other means of transport powered by nuclear energy;
12. Other activities generating radioactive waste.
Article 11. Insurance Object
The insurance object of mandatory occupational insurance for organizations and individuals carrying out radiation work is the liability of the insured party when workers suffer workplace accidents during the performance of radiation work.
Article 12. Insurance Contract
The insurance contract is evidence of the conclusion of insurance between the insurance company and the insured party regarding occupational insurance during the performance of radiation work.
Article 13. Scope of Compensation
The insurance company is responsible for compensating the insured party for losses concerning the life or any part or function of the body (including occupational diseases) of workers caused directly by workplace accidents within the scope of insurance liability for which the insured party is liable to pay to the workers.
Article 14. Exclusion of Insurance Liability
The insurance company will not be liable for compensation in the following cases:
1. Liability for workplace accidents without a direct cause from performing radiation work occurring within the period and scope of insurance coverage.
2. Liability for any accident that may be attributed to war, foreign invasion or hostile acts, civil war, riot, terrorism, strike.
3. Liability for workplace accidents caused by the intentional actions of the insured party or the worker.
4. Liability for workplace accidents caused by the insured party or the worker violating laws while performing radiation work.
5. Liability for workplace accidents due to the insured party failing to implement necessary safety measures, strictly adhering to labor safety regulations and occupational disease prevention laws for workers.
6. Liability for accidents arising from the use and being directly affected by alcohol, drugs, and stimulants.
7. Liability for human damage occurring more than thirty years after the occurrence of a nuclear incident.
8. Other cases as agreed in the insurance contract.
Article 15. Principles of Compensation
1. The insurance company shall compensate the insured party based on the complaint from the insured party's workers or their representatives (in cases where the worker dies).
2. The compensation shall be carried out according to the following principles:
a) In cases where an incident within the scope of insurance causes damage to multiple workers, the total amount of insurance compensation paid to all workers of the insured party for each incident shall not exceed the agreed liability limit in the insurance contract.
b) In cases where there is a court decision, the amount of compensation shall be based on the court's decision but shall not exceed the agreed liability limit in the insurance contract.
c) In cases where the insurance company has compensated up to the full liability limit under the insurance contract for any incident, the insurance company's responsibility will terminate with respect to that insurance contract.
Article 16. Claim Documents
The claim documents for occupational insurance shall be prepared by the insurance company and shall include the following documents:
1. Documents provided by the insured party:
a) A claim request letter from the insured party which includes the following contents: location, time, place of occurrence of the incident; initial cause of the incident; nature and potential development of the incident; human losses; details of work already conducted related to the incident.
b) Documents related to the injured worker (photocopies certified by the insurance company after comparing with the original), including:
- Identity card or other personal identification of the injured worker;
- Medical certificate;
- Death certificate (in case of fatality).
c) Documents related to the insured party (photocopies certified by the insurance company after comparing with the original), including:
- Permit to conduct radiation work;
- Radiation worker certification (for cases requiring certification as stipulated by law);
- Insurance contract;
- Employment contract of the injured worker.
2. Documents collected by the insurance company:
a) Official documents determining the cause and extent of the incident issued by authorized agencies as prescribed by law.
b) Other documents proving loss and the amount of loss related to the incident as agreed upon in the insurance contract.
Section 2
CIVIL LIABILITY INSURANCE
Article 17. Insured Party
1. The insured party is an organization or individual licensed to carry out radiation work as follows:
a) Operating nuclear research reactors and nuclear power plants;
b) Operating irradiation equipment including: accelerators; treatment devices; irradiation sterilization and material processing equipment, using X-ray diagnostic equipment in healthcare (including: general X-ray imaging equipment, X-ray fluoroscopy equipment, dental X-ray equipment, mammography equipment, mobile X-ray equipment, computed tomography (CT) scanners, bone density measurement equipment, interventional and angiographic X-ray equipment, veterinary X-ray equipment...), and other equipment;
c) Producing and processing radioactive materials;
d) Storing and using radioactive materials;
đ) Exploring, mining, and processing radioactive ore;
e) Enriching uranium; manufacturing nuclear fuel;
g) Treating, storing, and burying radioactive waste, used radioactive sources, and used nuclear fuel;
h) Constructing, changing scale and scope of operation, and ceasing operation of radiation facilities, nuclear facilities;
i) Using nuclear materials outside the nuclear fuel cycle;
k) Importing and exporting radioactive materials, nuclear source materials, nuclear materials, and nuclear equipment;
l) Packaging and transporting radioactive materials;
m) Transporting radioactive materials through Vietnam;
n) Operating ships and other vessels powered by nuclear energy;
o) Other activities generating radioactive waste.
2. In cases where individuals working for organizations that have participated in this insurance do not need to purchase similar insurance.
Article 18. Insured Object
The insured object of mandatory civil liability insurance for organizations and individuals conducting radiation work is the civil liability of the policyholder towards third parties during the conduct of radiation work.
Article 19. Insurance Contract
The insurance contract is evidence of the conclusion of insurance between the insurance company and the policyholder regarding civil liability insurance for third parties during the implementation of radiation work.
Article 20. Scope of Compensation
The insurance company compensates the policyholder for expenses that the policyholder must compensate to third parties to fulfill the policyholder's civil liability for damages directly caused by the policyholder's conduct of radiation work.
Article 21. Exclusion of Insurance Liability
1. The insurance company shall not be liable for compensation in the following cases:
a) Damages that are direct consequences of:
- Actions violating the law by the policyholder;
- War, invasion, terrorism, hostile acts (whether or not war occurs), civil war, rebellion, revolution, coup d'état;
- The policyholder producing, supplying, storing, or using atomic energy for weapons or military purposes for any purpose other than peaceful purposes;
- Earthquake, volcanic eruption, flood, storm surge, typhoon, tsunami, or natural disasters exceeding the safety limits of design according to national technical standards.
b) Liability arising from contracts or agreements between the policyholder and others, except when the policyholder's liability would still arise even without such contracts or agreements or if such contracts or agreements are insurance contracts;
c) Property under the ownership or management and control of the policyholder.
d) Other cases agreed upon in the insurance contract.
2. In the case of a nuclear accident, the insurance company shall not be liable for compensation for:
a) Any claims for property damage occurring more than ten years after the date of the nuclear accident or liability for human injury occurring more than thirty years after the date of the nuclear accident.
b) Any costs incurred by the policyholder in reducing losses or preventing the spread of losses.
3. In the case of a radiation accident, the insurance company shall not be liable for compensation for:
a) Liability for losses originating from water or gas (including smoke), leakage from the insured equipment during normal operation of the equipment;
b) Medical care responsibilities of the policyholder or the policyholder's employees towards third parties and similar consequences.
Article 22. Principles of Compensation
1. The insurance company compensates the policyholder the amount that the policyholder must compensate to third parties based on third-party complaints against the policyholder when an incident occurs, within the scope of the liability limit stated in the insurance contract.
2. In the event that the policyholder dies, is suspended, or has their permit to conduct radiation activities or radiation worker certificate revoked, the insurance company will compensate directly to the third party suffering damage.
3. In the event that an incident within the scope of insurance causes damage to multiple objects, the total compensation amount for all objects in each incident shall not exceed the liability limit agreed upon in the insurance contract.
4. In the event of a court decision, the compensation amount is based on the court decision but shall not exceed the liability limit agreed upon in the insurance contract.
5. In the event that the insurance company has compensated up to the liability limit stipulated in the insurance contract for any incident, the insurance company's liability for that insurance contract shall terminate.
Article 23. Claim File
The claim file for civil liability insurance shall be established by the insurance company and shall include the following documents:
1. Documents provided by the insured party:
a) A complaint letter from the insured party containing the following information: location, time, place where the incident occurred; initial cause of the incident; nature and potential development of the incident; human and property losses, economic losses; contents of work related to the incident that have been carried out.
b) A complaint letter from third parties or their lawful representatives against the insured party.
c) Documents related to third parties (photocopies certified by the insurance company after comparison with the original), including:
- Identity card or other personal identification documents of the injured person;
- Medical certificate;
- Death certificate (in case of fatality).
d) Documents related to the insured party (photocopies certified by the insurance company after comparison with the original), including:
- Permit to conduct radiation work;
- Radiation worker certification (for cases requiring certification as stipulated by law);
- Insurance contract.
đ) Documents proving property damage (if there is property damage), including:
- Certificates and documents confirming the condition of damaged property;
- Invoices and valid documents regarding repairs or replacement of damaged property caused by the incident, carried out by the property owner or the insured party at facilities designated by the insurance company or with its prior consent;
- Documents proving necessary and reasonable expenses incurred by the insured party to minimize loss or to comply with the instructions of the insurance company (except in the case of nuclear incidents).
2. Documents collected by the insurance company:
a) Official documents determining the cause and extent of the incident issued by authorized agencies as prescribed by law.
b) Other documents proving human and property losses related to the incident as agreed upon in the insurance contract.
Section 3
ENVIRONMENTAL DAMAGE COMPENSATION INSURANCE
Article 24. Insured Party
1. The insured party is an organization or individual licensed to carry out the following radiation works:
a) Operating nuclear research reactors and nuclear power plants;
c) Transit transport of nuclear source materials and nuclear materials;
c) Mining and processing radioactive ores;
d) Treating radioactive waste, used radioactive sources, and used nuclear fuel.
2. In cases where individuals working for organizations that have participated in this insurance do not need to purchase similar insurance.
Article 25. Insured Object
The insured object of mandatory environmental damage compensation liability insurance for organizations and individuals carrying out radiation work is the responsibility of the insured party for costs arising to fulfill compensation obligations for environmental damage caused by pollution or degradation, including costs to determine damage and procedures to request compensation for environmental damage in the following cases:
1. Water environment serving conservation, daily life, recreation, production, and other purposes being polluted, severely polluted, or extremely severely polluted;
2. Soil environment serving conservation, production, and other purposes being polluted, severely polluted, or extremely severely polluted;
3. Natural ecosystems within and outside nature reserves being degraded;
4. Protected species under the law being killed or injured.
Article 26. Insurance Contract
The insurance contract is evidence of the conclusion of insurance between the insurance company and the insured party concerning environmental damage compensation liability insurance during the implementation of radiation work.
Article 27. Exclusion of Insurance Liability
The insurance enterprise shall not compensate for losses caused by or as a consequence of:
1. Force majeure or emergency situations that must be followed according to the requirements of the competent state management agency;
2. Pollution caused by or attributed to the intentional non-compliance with legal regulations and the requirements of the competent state management agency by the insured party;
3. Pollution existing before the effective date of the insurance contract, which the insured party was aware of but did not declare in the insurance claim form or in any previous insurance contract if the current contract is a renewal contract;
4. Changes in the operation of radiation equipment at the insured location during the insurance period increasing significantly the insured risk compared to the signed insurance contract, leading to more pollution treatment than the applicable standards at the insured location without prior agreement with the insurance enterprise and without prior written consent from the insurance enterprise;
5. War, invasion, terrorism, hostile acts (whether or not there is war), civil war, rebellion, revolution, usurpation, including but not limited to losses occurring simultaneously or following terrorist acts;
6. Any claims or losses arising from the insured party or any other beneficiary under the insurance contract being a citizen or special envoy of a government or country against which the laws of Vietnam or international regulations impose sanctions or economic penalties prohibiting the insurance enterprise from providing insurance services, commercial transactions, or economic benefits to the insured party or any other beneficiary under the insurance contract;
7. Natural disasters exceeding the safety limits of design based on national technical standards;
8. Other cases as agreed in the insurance contract.
Article 28. Principles of Compensation
1. The insurance enterprise pays to the insured party, based on the claim of the responsible authority requesting compensation, the amount that the insured party must compensate for environmental damage caused by the insured party within the scope of the liability limit stated in the insurance contract;
2. The responsible authority requesting compensation is:
a) The People's Committee of the commune for environmental damage caused by pollution and degradation within the administrative area managed by the commune;
b) The People's Committee of the district for environmental damage caused by pollution and degradation affecting two communes, wards, towns, or marketplaces and above;
c) The People's Committee of the province for environmental damage caused by pollution and degradation affecting two districts, cities, provincial-level towns, or cities directly under the province and above;
d) The Ministry of Natural Resources and Environment for environmental damage caused by pollution and degradation affecting two provinces or centrally-administered cities and above;
3. In cases where the insured party dies, is suspended, or has their permit to conduct radiation activities or radiation employee certificate revoked, the insurance enterprise shall directly compensate the responsible authority requesting compensation as stipulated in Clause 2 of this Article;
4. Insurance compensation follows the principles set out in Clauses 2, 3, 4, and 5 of Article 22 of this Circular.
Article 29. Compensation File
The compensation insurance file for environmental damage liability established by the insurance company in accordance with Clause 1, Article 7 of Decree No. 113/2010/ND-CP dated December 3, 2010 of the Government on determining damage to the environment (Decree No. 113/2010/ND-CP) shall include the following documents:
1. A claim document for compensation issued by the competent authority responsible for requesting compensation, including the following contents: location, time, place where the incident occurred; initial cause of the incident; nature and potential development of the incident; environmental damage caused by pollution and degradation as stipulated in Article 25 of this Circular; related work that has been carried out in connection with the incident;
2. Data and evidence collected and verified in accordance with Clause 3, Article 3 and Clause 1, Article 6 of Decree No. 113/2010/ND-CP;
3. The conclusion document of the data and evidence verification board;
4. Calculation results of environmental damage and the conclusion of the competent authority regarding the liability for compensating environmental damage;
5. Other documents and materials as prescribed by law.
Section 4
RIGHTS AND OBLIGATIONS OF
THE INSURED AND THE INSURANCE COMPANY
Article 30. Rights of the Insured
1. To choose an insurance company to participate in professional liability insurance, civil liability insurance, and environmental damage liability insurance.
2. To request the insurance company to explain and provide information related to the insurance contract.
3. In case there are changes in factors serving as the basis for calculating insurance premiums leading to reduced risks covered by the insurance, the insured has the right to request the insurance company to reduce the insurance premium appropriately for the remaining period of the insurance contract.
4. The right to demand prompt, full, and timely compensation from the insurance company according to the insurance contract.
5. Other rights as prescribed by law.
Article 31. Obligations of the Insured
1. To participate in professional liability insurance, civil liability insurance, and environmental damage liability insurance as prescribed in this Circular.
2. To pay the full insurance premium according to the agreement in the insurance contract.
3. To provide complete and truthful information related to the insurance contract upon the request of the insurance company.
4. To facilitate the insurance company's inspection of the insured premises, equipment, and other relevant factors before signing the insurance contract.
5. In case there are changes in factors serving as the basis for calculating insurance premiums, the insured must promptly notify the insurance company to apply appropriate insurance premiums for the remaining period of the insurance contract.
6. To comply with regulations on ensuring professional conditions and safety regulations in radiation activities.
7. To notify the insurance company in writing within three working days from receiving the decision to suspend or revoke the radiation activity permit or radiation worker certificate.
8. Within three working days from receiving a complaint from employees (in the case of professional liability insurance), a third party (for civil liability insurance), or a competent authority requesting compensation (for environmental damage liability insurance), the insured or their representative (in case the insured dies) is responsible for notifying the insurance company in writing about the compensation claim to cooperate in resolving it.
9. Upon occurrence of an incident, the insured is responsible for complying with the provisions of Clause 1, Article 84 of the Atomic Energy Law and related laws.
10. To provide documents in the compensation file as prescribed in this Circular.
11. Other obligations as prescribed by law.
Article 32. Rights of Insurance Enterprises
1. Collect insurance premiums according to the agreement in the insurance contract. In cases where there are changes in factors serving as the basis for calculating insurance premiums, leading to an increase in insured risks, the insurance enterprise has the right to request the policyholder to pay additional insurance premiums for the remaining period of the insurance contract.
2. Request the policyholder to provide complete and truthful information related to the insured object as stipulated in the insurance contract; examine the condition of the insured location and safety equipment before signing the insurance contract.
3. Propose relevant agencies to provide copies of documents related to the case as prescribed.
4. Refuse to process compensation claims for cases not covered under the insurance liability.
5. Establish a mutual fund among insurance enterprises operating in Vietnam that participate in providing compulsory occupational insurance, civil liability insurance, and environmental damage compensation liability insurance for organizations and individuals conducting radiation work.
6. Other rights as prescribed by law.
Article 33. Obligations of Insurance Enterprises
1. Sell liability insurance as prescribed in this Circular and related laws.
2. Publicize the factors serving as the basis for calculating insurance premiums for the policyholder to be aware of.
3. Clearly explain the rules, terms, and premium rates in the insurance contract to the policyholder and the insured party.
4. In cases where the insurance enterprise receives notification from the policyholder about changes in factors serving as the basis for calculating insurance premiums, leading to a reduction in insured risks, the insurance enterprise must reduce the insurance premium for the remaining period of the insurance contract and refund the difference to the policyholder.
5. Pay compensation promptly and accurately as prescribed in this Circular.
6. Send written reports to the Ministry of Finance on the implementation of insurance in radiation activities quarterly and annually, along with the forms prescribed in Appendices 1, 2, 3, and 4 of this Circular, or when requested. Quarterly report: No later than 30 days from the end of the quarter. Annual report: No later than 90 days from the end of the year (including both hard copy and soft copy).
7. Accept supervision and inspection by competent state agencies in the implementation of insurance.
8. Other obligations as prescribed by law.
Chapter III
RESPONSIBILITIES OF PEOPLE'S COMMITTEES AT ALL LEVELS AND RELATED MINISTRIES AND SECTORS
AND RELATED MINISTRIES AND SECTORS
Article 34. Responsibilities of People's Committees at All Levels
The provincial-level People's Committee, municipal-level People's Committee under the central government, and district-level People's Committee provide insurance enterprises with data and evidence to determine environmental damage according to the authority prescribed in Article 3 of Decree No. 113/2010/NĐ-CP as the basis for resolving insurance compensation claims.
Article 35. Responsibilities of the Ministry of Science and Technology
1. Publish on the website of the Ministry of Science and Technology the list of organizations and individuals conducting radiation work required to purchase occupational insurance, civil liability insurance, and environmental damage compensation liability insurance as prescribed in Articles 10, 17, and 24 of this Circular.
2. Provide the policyholder and the responsible agency requesting compensation according to Clause 2, Article 28 of this Circular with documents determining the cause and extent of the incident as prescribed in Point d, Clause 4, Article 84 of the Atomic Energy Law to serve as the basis for claiming insurance compensation.
Article 36. Responsibilities of the Ministry of Natural Resources and Environment
Provide insurance companies with data and evidence to determine environmental damage within the authority prescribed in Article 3 of Decree No. 113/2010/NĐ-CP for the purpose of settling insurance compensation claims.
Chapter IV
IMPLEMENTING PROVISIONS
Article 37. Effective Date
This Circular takes effect from April 1, 2012.
Article 38. Organization of implementation
During implementation, if any difficulties arise, they should be promptly reported to the Ministry of Finance for consideration and resolution./.
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DEPUTY MINISTER DEPUTY MINISTER Tran Xuan Ha |
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