JOINT CIRCULAR No. 35/2009/TTLT-BTC-BCA GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE DECREE No. 103/2008/NĐ-CP dated September 16, 2008 ON COMPULSORY CIVIL LIABILITY INSURANCE FOR MOTOR VEHICLES

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions of

Decree No. 103/2008/NĐ-CP dated September 16, 2008

on mandatory civil liability insurance for motor vehicle owners

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Pursuant to Decree No. 103/2008/NĐ-CP dated September 16, 2008 on mandatory civil liability insurance for motor vehicle owners;

The Ministry of Finance and the Ministry of Public Security provide guidance on implementing certain provisions of Decree No. 103/2008/NĐ-CP dated September 16, 2008 on mandatory civil liability insurance for motor vehicle owners as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides detailed guidance on the responsibilities of agencies and units under the management of the Ministry of Public Security and the Ministry of Finance in inspecting and supervising insurance companies in the implementation of mandatory civil liability insurance for motor vehicle owners, and the procedures for vehicle registration by motor vehicle owners; detecting and handling violations in cases where there is no or no possession of the Certificate of Mandatory Civil Liability Insurance for Motor Vehicle Owners; providing information and documents related to traffic accidents.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

 This Circular applies to traffic police forces, criminal investigation police forces, and other relevant police forces within the public security organs at all levels, agencies and units under the Ministry of Finance, non-life insurance enterprises permitted to operate mandatory civil liability insurance for motor vehicle owners, and the Vietnam Insurance Association.

II. SPECIFIC PROVISIONS

1. Responsibilities of Public Security Organs at All Levels

1.1. Cooperate with competent agencies of the Ministry of Finance to disseminate and popularize laws on mandatory civil liability insurance for motor vehicle owners.

1.2. The Highway Traffic Police Corps; Provincial and Central City Traffic Police Departments; District, County, Town, and City Public Security Agencies when processing vehicle registration for motor vehicles must require motor vehicle owners to present the valid Certificate of Mandatory Civil Liability Insurance for Motor Vehicle Owners.

1.3. Traffic police forces and other relevant police forces, when patrolling and inspecting, if they discover that the driver or owner of a motor vehicle does not have or does not carry the valid Certificate of Mandatory Civil Liability Insurance for Motor Vehicle Owners, shall prepare a record and handle promptly according to the Administrative Violation Handling Law 2002, amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Administrative Violation Handling Law 2008, Decree No. 103/2008/NĐ-CP dated September 16, 2008 on mandatory civil liability insurance for motor vehicle owners, with specific fines as follows:

a) A fine of VND 100,000 for the driver of a motorcycle, motorbike, three-wheeled motorcycle, or similar motor vehicle without or not carrying the valid Certificate of Mandatory Civil Liability Insurance.

b) A fine of VND 500,000 for the driver of a car, tractor, or similar motor vehicle without or not carrying the valid Certificate of Mandatory Civil Liability Insurance.

1.4. Depending on each specific traffic accident and based on their functions, tasks, and authority granted, traffic police forces and criminal investigation police forces are responsible for notifying and providing one or more of the following documents related to the traffic accident to the insurance company for the purpose of resolving insurance compensation:

- Inspection report of the traffic accident scene;

- Diagram of the scene, photographs (if available);

- Inspection report of the involved vehicles;

- Preliminary notification of the initial investigation results of the traffic accident;

- Other relevant documents related to the traffic accident (if available).

1.5. After completing the handling of violations and investigating the traffic accident, traffic police forces and criminal investigation police forces are responsible for providing the Traffic Accident Resolution Report, which clearly records the cause of the traffic accident, and other relevant documents (if available) to the insurance company for the basis of resolving insurance compensation according to the law on mandatory civil liability insurance for motor vehicle owners.

1.6. For traffic accidents without signs of crime and where the driver of the motor vehicle is not at fault, the vehicle should be returned immediately to the driver or owner after the inspection is completed.

1.7. Traffic police forces and other relevant police forces are responsible for coordinating with relevant units of the Ministry of Finance in inspecting, supervising, and preventing organizations and individuals from profiting and fraudulently obtaining insurance benefits.

1.8. Every six months, no later than July 30 and January 31 of the following year (reporting the previous year's data), Public Security Departments at the county, district, town, and city level; Provincial and Central City Traffic Police Departments must submit reports to the Highway Traffic Police Corps. The Highway Traffic Police Corps will compile and provide in writing to the Ministry of Finance the following documents:

- Total number of cars, motorcycles, and motorbikes registered;

- Total number of traffic accidents and losses (in terms of people and property);

- Total number of violations and administrative fines for the absence or failure to carry the Certificate of Mandatory Civil Liability Insurance for Motor Vehicle Owners.

 2. Responsibilities of Agencies and Units Under the Management of the Ministry of Finance

2.1. Responsibilities of the Insurance Supervision and Management Department

a) Coordinate with the Highway Traffic Police Corps and other relevant units of the Ministry of Public Security in disseminating laws on mandatory civil liability insurance for motor vehicle owners.

b) Guide and direct insurance companies to strictly implement the provisions of the law on mandatory civil liability insurance for motor vehicle owners.

c) Regularly inspect and supervise insurance companies in their implementation of mandatory civil liability insurance for motor vehicle owners; take the lead and coordinate with relevant units under the Ministry of Public Security to inspect and supervise in order to prevent organizations and individuals from exploiting and fraudulently claiming insurance benefits.

d) Provide information on the implementation of mandatory civil liability insurance for motor vehicle owners to the Traffic Police Corps for Railways and Roads to facilitate coordinated implementation.

2.2. Responsibilities of insurance companies

a) Cooperate with the Vietnam Insurance Association to organize publicity, dissemination, and full explanation of the contents, significance, and purpose of mandatory civil liability insurance for motor vehicle owners so that vehicle owners understand their rights and obligations when participating in insurance.

b) Develop distribution channels and agency systems providing mandatory civil liability insurance for motor vehicle owners. Establish clear and simple procedures for selling insurance and settling insurance claims to facilitate customers during the process of participating in and resolving insurance claims.

c) Pay traffic police, investigation police, and other related police the costs for copying case files, records, and other relevant documents, and maintain confidentiality of these information and documents during investigations.

d) Contribute funds to the Motor Vehicle Insurance Fund to support the cooperative activities of traffic police, investigation police, and other related police forces (applicable to insurance companies authorized to implement mandatory civil liability insurance for motor vehicle owners).3. Financial support for cooperative activities between agencies and units under the jurisdiction of the Ministry of Public Security and the Ministry of Finance

 3.1. The level of financial support for traffic police, investigation police, and other related police shall not exceed 20% of the total amount actually contributed annually to the Motor Vehicle Insurance Fund by non-life insurance companies operating mandatory civil liability insurance for motor vehicle owners.

3.2. The above financial support shall be used as follows:

a) To reward achievements; purchase equipment and tools to assist police forces in patrolling, controlling, detecting, and handling administrative violations by motor vehicle owners in implementing mandatory civil liability insurance for motor vehicle owners; investigate traffic accidents.

b) To support propaganda, guidance, and dissemination of legal knowledge; construction of legal normative documents and meetings summarizing and concluding on mandatory civil liability insurance for motor vehicle owners and road safety.

3.3. By no later than January 31 each year, the Motor Vehicle Insurance Fund shall notify the Ministry of Public Security (Traffic Police General Department) of the total amount of funds expected to be allocated from the Fund to support the cooperative activities of traffic police, investigation police, and other related police forces and carry out the procedures for transferring funds according to regulations.

3.4. The Traffic Police General Department shall receive, manage, allocate, and use the source of funds according to the provisions set forth in point 3.1 and point 3.2, clause 3, section II of this Circular; at the same time, it shall have the responsibility to report to the Ministry of Finance (Insurance Management and Supervision Department) on the use of the allocated funds within the year by no later than January 31 of the following year.

1. This Circular takes effect 45 days after its publication in the Official Gazette and replaces Circular Joint No. 16/2007/TTLT-BCA-BTC dated November 7, 2007, issued by the Ministry of Finance and the Ministry of Public Security guiding the coordination in implementing the mandatory civil liability insurance system for motor vehicle owners.

 III. IMPLEMENTATION

 2. Units under the traffic police force, other related police forces, and insurance companies are responsible for coordinating to implement mandatory civil liability insurance for motor vehicle owners in accordance with this Circular and other relevant laws.

3. The Ministry of Finance and the Ministry of Public Security shall organize interim reviews, summaries, and evaluations of the results of implementing the provisions of this Circular and the laws on mandatory civil liability insurance for motor vehicle owners, organize rewards for organizations and individuals with outstanding achievements in implementing mandatory civil liability insurance for motor vehicle owners and the provisions of this Circular.

4. During the implementation process, if any difficulties or obstacles arise, they should be promptly reflected to the Insurance Management and Supervision Department (Ministry of Finance) and the Traffic Police General Department (Ministry of Public Security) for timely guidance.

(signed)