Decree No. 67/2023/ND-CP on mandatory civil liability insurance for motor vehicle owners, mandatory fire and explosion insurance, and mandatory insurance in construction investment activities.

DECREE

Regulations on Compulsory Civil Liability Insurance for Motor Vehicle Owners, Compulsory Fire and Explosion Insurance, and Compulsory Insurance in Investment Construction Activities

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Civil Code on November 24, 2015;

Pursuant to the Law on Insurance Business dated June 16, 2022,

Pursuant to the Law on Road Traffic dated November 13, 2008,

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

At the proposal of the Minister of Finance,

The Government issues this Decree stipulating compulsory civil liability insurance for motor vehicle owners, compulsory fire and explosion insurance, and compulsory insurance in investment construction activities.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

1. Conditions for insurance, premium rates, and minimum insurance amounts for compulsory civil liability insurance for motor vehicle owners, compulsory fire and explosion insurance, and compulsory insurance in investment construction activities.

2. Management and utilization mechanism of the Motor Vehicle Insurance Fund; collection rate, management, and utilization regime of revenue from compulsory fire and explosion insurance for firefighting activities.

3. Responsibilities of relevant ministries, agencies, policyholders, and insurance companies in implementing compulsory civil liability insurance for motor vehicle owners, compulsory fire and explosion insurance, and compulsory insurance in investment construction activities.

Article 2. Applicability

This Decree applies to:

1. Motor vehicle owners participating in traffic and operating within the territory of the Socialist Republic of Vietnam for compulsory civil liability insurance for motor vehicle owners.

2. Agencies, organizations, and individuals with premises at risk of fire and explosion as prescribed by fire prevention and firefighting laws for compulsory fire and explosion insurance.

3. Project investors and contractors as prescribed by construction laws for compulsory insurance in investment construction activities.

4. Non-life insurance companies, branches of foreign non-life insurance companies (hereinafter referred to as "insurance companies"); reinsurance companies, branches of foreign reinsurance companies (hereinafter referred to as "reinsurance companies").

5. Other agencies, organizations, and individuals related to compulsory civil liability insurance for motor vehicle owners, compulsory fire and explosion insurance, and compulsory insurance in investment construction activities.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Motor vehicle owner is the owner of the motor vehicle or the person legally entrusted by the owner to possess and use the motor vehicle.

2. Operating motor vehicles are motor vehicles currently in operation, including movement, stopping, and parking under the control of the motor vehicle owner or driver.

3. Motor vehicles participating in traffic are those controlled by the motor vehicle owner or driver to participate in road traffic.

4. Consulting contractor is a consulting contractor for construction survey, design contractor for construction projects level II and above.

5. Third party

a) For compulsory civil liability insurance for motor vehicle owners: The third party is the person suffering damage to health, life, property caused by motor vehicles, except for the following persons: Driver, passengers on the vehicle, passengers on the same vehicle; owner of the vehicle unless the owner has entrusted another organization or individual to possess and use the vehicle.

b) For compulsory insurance in investment construction activities: The third party is the person suffering damage to health, life, property, or other legitimate rights and interests due to construction survey, design, and construction work, excluding the insurance company, policyholder, and construction workers on site.

6. Deductible amount is the amount that the policyholder must bear in each insurance event.

7. Putting into use is the operation and exploitation of construction works or parts thereof.

8. Occupational disease as prescribed in the Labor Safety and Health Law.

9. Employee as prescribed in the Labor Code.

10. Work-related accident as prescribed in the Labor Safety and Health Law.

Article 4. General Principles

1. Agencies, organizations, and individuals specified in Clause 1, Clause 2, and Clause 3 of Article 2 of this Decree (hereinafter referred to as "policyholder") must purchase compulsory insurance from insurance companies permitted to operate insurance business according to the law.

2. Policyholders and insurance companies shall implement compulsory insurance according to the conditions, premium rates, and minimum insurance amounts prescribed in this Decree.

3. In addition to participating in compulsory insurance according to the conditions, premium rates, minimum insurance amounts, or liability limits prescribed in this Decree, policyholders and insurance companies may agree in the insurance contract to expand insurance conditions, additional insurance amounts, and corresponding supplementary premiums in accordance with the law. In such cases, the insurance company shall be responsible for separating the compulsory insurance portion in the insurance contract.

The State encourages agencies, organizations, and individuals not subject to compulsory insurance as prescribed in this Decree to purchase insurance based on agreement with insurance companies and in compliance with the law.

4. In compulsory civil liability insurance for motor vehicle owners, for each motor vehicle, the obligation to compensate under compulsory civil liability insurance for motor vehicle owners shall only arise under a single insurance contract.

a) For compulsory civil liability insurance for motor vehicle owners:

Motor vehicles exceeding their service life as prescribed by law,

b) For compulsory fire and explosion insurance:

Premises at risk of fire and explosion have not been inspected and approved for fire prevention and firefighting as prescribed by law.

Premises at risk of fire and explosion do not have a safety inspection report for fire prevention and firefighting issued by the competent police authority or the inspection report is over one year old from the date of issuance to the date of purchasing compulsory fire and explosion insurance.

Premises at risk of fire and explosion are temporarily suspended or halted operations due to violations of fire prevention and firefighting laws.

c) For compulsory insurance in investment construction activities;

The policyholder does not meet the full capacity requirements for construction activities as prescribed by the Construction Law and its implementing regulations.

6. Costs for purchasing compulsory insurance:

a) For compulsory civil liability insurance for motor vehicle owners and compulsory fire and explosion insurance: The insurance buyer may include the cost of purchasing compulsory insurance in the product cost, service cost, or business operation cost (for production and business establishments) or in regular expenses (for administrative state agencies, public service organizations, political social organizations, and other organizations).

b) Costs for purchasing compulsory insurance in investment construction activities: Shall be implemented in accordance with laws on construction and the provisions of this Decree.

7. The payment period for insurance premiums shall be carried out in accordance with the regulations of the Minister of Finance. For insurance contracts for construction projects under investment construction projects stipulated in Government Decree No. 50/2021/NĐ-CP dated April 1, 2021, amending and supplementing certain articles of Government Decree No. 37/2015/NĐ-CP dated April 22, 2015, detailing construction contracts, the insurance company and the insurance buyer shall agree on the payment period for insurance premiums recorded in the insurance contract and it must not be later than the payment schedule of the construction contract. In all cases, the payment period for insurance premiums shall not exceed the insurance period.

8. The insurance company has no obligation to compensate for additional amounts arising from fraudulent insurance acts as provided for in the Penal Code.

9. Foreign insurance companies that head up reinsurance and foreign insurance companies receiving reinsurance from more than 10% of the total liability of each reinsurance contract must have a minimum rating of "BBB" according to Standard & Poor's or Fitch, "B++" according to A.M. Best, "Ba1" according to Moody's, or equivalent ratings from other rating organizations with experience in rating at the most recent fiscal year compared to the time of entering into the reinsurance contract.

10. Matters related to insurance contracts not specified in this Decree shall be implemented in accordance with insurance business laws and relevant laws.

Chapter II. PROVISIONS ON COMPULSORY CIVIL LIABILITY INSURANCE OF MOTOR VEHICLE OWNERS

Section l. CONDITIONS FOR INSURANCE, INSURANCE PREMIUM LEVELS, LIMITS OF INSURANCE LIABILITY

Article 5. Insurance Object

The object of compulsory civil liability insurance for motor vehicle owners is the civil liability of motor vehicle owners towards third parties and passengers as prescribed by law.

Article 6. Limits of Insurance Liability

1. The limit of insurance liability for damage to health and life caused by motor vehicles is 150 million Vietnamese dong for one person in one accident.

2. The limit of insurance liability for property damage:

a) Caused by two-wheeled motorcycles; three-wheeled motorcycles; motorbikes (including electric motorbikes) and similar types of vehicles as defined by the Road Traffic Law is 50 million Vietnamese dong in one accident.

b) Caused by automobiles; tractors; trailers or semi-trailers pulled by automobiles or tractors as defined by the Road Traffic Law is 100 million Vietnamese dong in one accident.

Article 7. Scope of Insurance and Exclusions from Insurance Liability

1. Scope of Insurance

The insurance company is responsible for compensating for the following losses:

a) Losses outside the contract concerning health, life, and property of third parties caused by motor vehicles participating in traffic or operations.

b) Losses to the health and life of passengers on the vehicle caused by motor vehicles participating in traffic or operations.

2. Exclusions from Insurance Liability

The insurance company has no obligation to compensate for insurance in the following cases:

a) Intentional actions causing damage by the motor vehicle owner, driver, or the person suffering damage.

b) The driver causing an accident intentionally flees without fulfilling the civil liability of the motor vehicle owner. If the driver causing an intentional accident flees but fulfills the civil liability of the motor vehicle owner, it does not fall within the exclusion from insurance liability.

c) The driver does not meet the age requirements as stipulated by the Road Traffic Law; the driver does not have a valid driving license or uses an invalid driving license according to the law on training, examination, and issuance of motor vehicle driving licenses, a driving license that has been tampered with or used an expired driving license at the time of the accident, or uses a driving license that is not suitable for the required motor vehicle. If the driver's driving license has been temporarily revoked or confiscated, it is considered as not having a driving license.

d) Indirect losses resulting from the consequences including: reduced commercial value, damages associated with the use and exploitation of damaged property.

đ) Damage to property caused by the driver operating a motor vehicle while having a blood alcohol concentration exceeding the normal level as directed by the Ministry of Health; using prohibited drugs and stimulants as provided for by law.

e) Damage to property stolen or robbed during the accident.

g) Damage to special property including: gold, silver, precious stones, valuable papers such as money, antique items, rare paintings and photographs, corpses, and bones.

h) Damage caused by war, terrorism, earthquakes,

Article 8. Insurance Premium Rates

1. The insurance premium rates for each type of motor vehicle are specified in Appendix I attached to this Decree.

2. Based on the history of insurance claims or accident records of each motor vehicle or its owner, the insurance company may proactively review and adjust the insurance premium rates up or down. The maximum increase or decrease in the insurance premium rate shall be 15% of the rate prescribed in Appendix I attached to this Decree.

Article 9. Insurance Period

1. The minimum compulsory civil liability insurance period for motor vehicle owners is one year and the maximum is three years, except for the following cases where the insurance period is less than one year:

a) Foreign motor vehicles temporarily imported and re-exported with a stay period in the territory of the Socialist Republic of Vietnam of less than one year.

b) Motor vehicles with a usage period of less than one year as stipulated by law.

c) Motor vehicles registered temporarily according to regulations of the Minister of Public Security.

2. In cases where a motor vehicle owner insures multiple vehicles at different times during the year but wishes to consolidate all vehicles under one insurance period in the following year for management purposes, the insurance period for these vehicles may be less than one year and equal to the remaining validity period of the first insurance contract concluded that year. The insurance period for the following year for such insurance contracts and Insurance Certificates shall be implemented according to the provisions of Clause 1 of this Article.

3. During the validity period recorded on the Insurance Certificate, if there is a change in ownership of the motor vehicle, the previous owner of the motor vehicle has the right to terminate the insurance contract in accordance with Article 11 of this Decree.

Article 10. Insurance Certificate

1. When purchasing compulsory civil liability insurance for motor vehicle owners, the motor vehicle owner shall be issued an Insurance Certificate by the insurance company. Each motor vehicle shall be issued one Insurance Certificate. If the Insurance Certificate is lost, the motor vehicle owner must submit a written request to the insurance company for issuance of a new Insurance Certificate.

2. The Insurance Certificate shall be designed proactively by the insurance company and must include the following contents:

a) Name, address, and telephone number (if available) of the motor vehicle owner.

b) Vehicle registration number and chassis number, engine number.

c) Type of vehicle, carrying capacity, seating capacity, and purpose of use for automobiles.

d) Name, address, and hotline telephone number of the insurance company.

e) Limit of liability for third parties.

f) Responsibilities of the motor vehicle owner and driver when an accident occurs.

g) Insurance period, insurance premium, and payment period for the insurance premium.

h) Date of issuance of the Insurance Certificate.

i) Code and barcode registered, managed, and used in accordance with the law for storing, transmitting, and retrieving information identifying the insurance company and compulsory civil liability insurance products for motor vehicle owners.

3. In cases where an electronic Insurance Certificate is issued, the insurance company must comply with the provisions of the Law on Electronic Transactions and related implementing regulations; the electronic Insurance Certificate must comply with all current regulations and reflect all contents prescribed in Clause 2 of this Article.

Article 11. Termination of insurance contract and legal consequences of termination of insurance contract

In case a motor vehicle has its Certificate of Registration and license plate revoked in accordance with the regulations of the Minister of Public Security, the insurance contract shall terminate from the date of revocation of the Certificate of Registration and license plate. The insurance company shall be responsible for refunding the premium paid by the insured corresponding to the remaining term of the insurance contract from the date of termination of the insurance contract.

Article 12. Principles of insurance compensation

The insurance company shall examine and settle insurance compensation in accordance with the laws on insurance business and the following principles:

1. When an accident occurs, the insured and the person insured must have the responsibility:

a) To immediately notify the insurance company through the hotline to cooperate in resolving the situation, actively provide medical care, limit damage to health, life, and property, and protect the accident scene.

b) Not to move, dismantle, or repair assets without the approval of the insurance company, except in cases where it is necessary to ensure safety, prevent further damage to health, life, and property, or comply with the requirements of authorized agencies.

c) To proactively collect and provide the documents specified in the insurance compensation claim file under the responsibility of the insured and the person insured as stipulated in Article 13 of this Decree.

d) To facilitate the insurance company during the process of verifying the documents provided by themselves.

2. Upon receiving notification of an accident, within one hour, the insurance company must guide the insured and the person insured on measures to ensure safety, prevent further damage to people and property, guide the claim procedures, and cooperate closely with the insured, the person insured, third parties, and related parties within 24 hours to organize the assessment of losses to determine the cause and extent of the loss as the basis for settling insurance compensation.

3. Within three working days from the date of receipt of the accident notification from the insured or the person insured, the insurance company must temporarily compensate for damages to health and life, specifically:

a) In case the accident is determined to fall within the scope of compensation liability:

70% of the estimated insurance compensation amount for one person in one accident in the event of death.

50% of the estimated insurance compensation amount for one person in one accident in the event of bodily injury.

b) In case the accident is not yet determined to fall within the scope of compensation liability:

30% of the liability limit for one person in one accident in the event of death and an estimated injury rate of 81% or higher.

10% of the liability limit for one person in one accident in the event of an estimated injury rate of 31% to less than 81%.

After providing temporary compensation, the insurance company has the right to request the Motor Vehicle Insurance Fund to reimburse the amount of temporary compensation provided if the accident is determined to fall within the exclusion of insurance liability or outside the scope of insurance coverage.

4. Within five working days from the date of the accident, excluding force majeure or objective obstacles, the insured and the person insured must submit an accident report in writing or through electronic means to the insurance company.

5. When an accident occurs, within the liability limit, the insurance company must compensate the person insured for the amount that the person insured has compensated or will have to compensate to the injured party.

In case the person insured dies or loses civil capacity according to the court's decision, the insurance company shall directly compensate the injured party or the heir of the injured party (in case the injured party has died) or the representative of the injured party (in case the injured party loses civil capacity according to the court's decision or is a minor under the Civil Code).

6. Amount of insurance compensation:

a) The specific amount of compensation for health and life is determined based on each type of disability and damage according to the Table of Compensation for Damages to Health and Life issued as an appendix to this Decree or agreed upon (if any) between the person insured and the injured party or the heir of the injured party (in case the injured party has died) or the representative of the injured party (in case the injured party loses civil capacity according to the court's decision or is a minor under the Civil Code), but not exceeding the compensation amount specified in Appendix VI issued together with this Decree. In case there is a court decision, it shall be based on the court's decision but not exceeding the compensation amount specified in Appendix VI issued together with this Decree.

In case multiple motor vehicles cause an accident leading to damage to health and life, the amount of compensation is determined based on the degree of fault of the motor vehicle owners, but the total amount of compensation shall not exceed the liability limit.

For accidents determined by authorized agencies to be caused entirely by the fault of a third party, the amount of compensation for health and life for the objects belonging to the third party is 50% of the compensation amount specified in Appendix VI issued together with this Decree or agreed upon (if any) between the person insured or the heir of the injured party (in case the injured party has died) or the representative of the injured party (in case the injured party loses civil capacity according to the court's decision or is a minor under the Civil Code), but not exceeding 50% of the compensation amount specified in Appendix VI issued together with this Decree.

b) The specific amount of compensation for property damage in a single accident shall be determined based on actual losses and the degree of fault of the motor vehicle owner but shall not exceed the limit of liability insurance.

7. The insurance company has the right to deduct up to a maximum of 5% of the amount of compensation for property damage in cases where the policyholder or insured person fails to report the accident to the insurance company as stipulated in Clause 4 of this Article or after the occurrence of the insured event, the insurance company discovers during the implementation of the insurance contract that the policyholder or insured person did not fulfill the obligation to notify changes in factors serving as the basis for calculating insurance premiums, leading to an increase in insured risks.

8. The insurance company shall not be liable to compensate for amounts exceeding the limit of liability insurance as prescribed in this Decree, except in cases where the motor vehicle owner voluntarily enters into an insurance contract.

9. In cases where multiple compulsory civil liability insurance contracts are concluded for the same motor vehicle, the compensation amount shall only be resolved according to the first concluded insurance contract. The insurance company must refund to the policyholder 100% of the insurance premium paid for the remaining insurance contracts.

10. The policyholder and insured person have the responsibility to inform the person suffering damage or their heir or representative about the amount of compensation paid by the insurance company for each case of health or life damage as stipulated in Point a, Clause 6 of this Article.

11. The insurance company has the responsibility to inform the policyholder, insured person, and person suffering damage about the amount of compensation for health or life damage and to pay the compensation amount as stipulated in Point a, Clause 6 of this Article.

Article 13. Insurance Claim Documents

The compulsory civil liability insurance claim documents for motor vehicle owners include the following documents:

1. A request for compensation document.

2. Documents related to the motor vehicle and driver (Certified copies from original documents or copies confirmed by the insurance company after comparing with the original or photographs of the original):

a) Vehicle registration certificate (or certified copy from the original vehicle registration certificate accompanied by the original credit institution receipt still valid, replacing the original vehicle registration certificate while the credit institution holds the original vehicle registration certificate) or ownership transfer documents and origin documents (in cases where there is no vehicle registration certificate).

b) Driver's license.

c) Identity card or Citizen Identification Card or Passport or other personal identification documents of the driver.

d) Insurance certificate.

3. Documents proving damage to health or life (Copies from healthcare facilities or copies confirmed by the insurance company after comparing with the original or photographs of the original). Depending on the extent of personal injury, it may include one or more of the following documents:

a) Injury certification.

b) Medical records.

c) Death registration extract or death certificate or confirmation document from the police agency or forensic medical examination results for cases where the victim dies on a traffic vehicle or due to an accident.

4. Documents proving damage to property:

a) Valid invoices or receipts or evidence proving repairs or replacement of damaged property caused by the accident (if the insurance company carries out repairs or damage mitigation, the insurance company is responsible for collecting these documents).

b) Relevant documents, invoices, or receipts for expenses incurred by the motor vehicle owner to reduce losses or to comply with the instructions of the insurance company.

5. Copies of relevant documents from the police agency in cases of accidents causing third-party fatalities and passengers or when it is necessary to verify that the accident was caused entirely by a third party's fault, including: Notification of investigation, verification, and resolution of the accident or Notification of investigation conclusion and resolution of the accident.

6. Appraisal record of the insurance company or persons authorized by the insurance company.

7. Court decision (if any),

The policyholder and insured person are responsible for collecting and submitting to the insurance company the documents specified in Clauses 1, 2, 3, 4, and 7 of this Article. The insurance company is responsible for collecting the documents specified in Clauses 5 and 6 of this Article.

Section 2. MANAGEMENT AND USE OF THE MOTOR VEHICLE INSURANCE FUND MECHANISM

Article 14. Principles for Managing and Using the Motor Vehicle Insurance Fund

1. The Motor Vehicle Insurance Fund is established to carry out humanitarian support activities; work on preventing and reducing traffic accidents; publicizing and educating about road safety; compulsory civil liability insurance for motor vehicle owners; and related activities aimed at protecting public interests and ensuring social safety.

2. The Motor Vehicle Insurance Fund is contributed to by insurance companies implementing compulsory civil liability insurance for motor vehicle owners, managed centrally by the Vietnam Insurance Association, with a separate account at a commercial bank operating in Vietnam, and uses the seal of the Vietnam Insurance Association.

3. The Motor Vehicle Insurance Fund shall be managed and utilized transparently, effectively, and in accordance with its intended purposes as stipulated in this Decree.

Article 15. Sources of Formation of the Motor Vehicle Insurance Fund

1. Contributions from insurance companies authorized to implement compulsory civil liability insurance for motor vehicle owners.

2. Income from interest on deposits.

3. Financial support and assistance from organizations and individuals.

4. Other lawful income (if any).

Article 16. Contributions to the Motor Vehicle Insurance Fund

1. Insurance companies have the responsibility to allocate up to 1% of the total premiums actually collected from original insurance contracts for compulsory civil liability insurance for motor vehicle owners in the preceding fiscal year to contribute to the Motor Vehicle Insurance Fund.

2. Before April 30 each year, the Management Board of the Motor Vehicle Insurance Fund decides on the contribution rate to the Motor Vehicle Insurance Fund, and notifies insurance companies and the Ministry of Finance.

3. Insurance companies implementing compulsory civil liability insurance for motor vehicle owners must make contributions to the account of the Motor Vehicle Insurance Fund according to the following deadlines:

a) Before June 30 each year: Pay 50% of the total amount specified in Clause 1 and Clause 2 of this Article.

b) Before December 31 each year: Pay the remaining amount specified in Clause 1 and Clause 2 of this Article.

Article 17. Contents and Proportions of Expenditure of the Motor Vehicle Insurance Fund

1. The Motor Vehicle Insurance Fund may be used for the following purposes:

a) Humanitarian Support Expenses:

In cases where the offending vehicle cannot be identified, the vehicle did not participate in insurance, does not fall within the scope of insurance, and is excluded from insurance liability as provided in Clause 2, Article 7 of this Decree (except for intentional damage caused by the victim), with specific support levels as follows: 30% of the insurance liability limit prescribed for one person in one accident in the case of death and injury rates of 81% or higher; 10% of the insurance liability limit prescribed for one person in one accident in the case of injury rates of 31% to less than 81%.

After the insurance company has made provisional compensation payments as stipulated in Point b, Clause 3, Article 12 of this Decree, the Motor Vehicle Insurance Fund is responsible for reimbursing the provisional compensation amounts paid by the insurance company in cases where the accident is determined to be excluded from insurance liability or falls outside the scope of insurance coverage.

The expenditure level shall not exceed 30% of the total amount contributed to the Motor Vehicle Insurance Fund annually and the surplus balance of the Motor Vehicle Insurance Fund from previous years (if any). If the Motor Vehicle Insurance Fund exhausts all funds allocated for humanitarian support in a given year, pending applications for humanitarian support will be transferred to the next year's humanitarian support budget.

b) Supporting the construction of facilities and equipment to prevent and reduce traffic accidents: The expenditure level shall not exceed 15% of the total amount contributed to the Motor Vehicle Insurance Fund annually and the surplus balance of the Motor Vehicle Insurance Fund from previous years (if any).

c) Organizing publicity and education on road safety and compulsory civil liability insurance for motor vehicle owners: The expenditure level shall not exceed 17% of the total amount contributed to the Motor Vehicle Insurance Fund annually and the surplus balance of the Motor Vehicle Insurance Fund from previous years (if any).

d) Supporting the police force in their cooperation with the Vietnam Insurance Association, the Management Board of the Motor Vehicle Insurance Fund, and insurance companies in preventive work, reducing losses, combating insurance fraud, and enforcing compulsory civil liability insurance regulations for motor vehicle owners: The expenditure level shall not exceed 10% of the total amount contributed to the Motor Vehicle Insurance Fund annually.

đ) Rewarding achievements of organizations and individuals who have performed well in implementing compulsory civil liability insurance for motor vehicle owners, preventing and reducing traffic accidents, and ensuring road traffic order and safety: The expenditure level shall not exceed 5% of the total amount contributed to the Motor Vehicle Insurance Fund annually.

e) Completing and maintaining the operation of the database on compulsory civil liability insurance for motor vehicle owners: The expenditure level shall not exceed 10% of the total amount contributed to the Motor Vehicle Insurance Fund annually.

g) Funding the ASEAN Compulsory Motor Vehicle Insurance Program and the activities of the National Agency implementing Protocol No. 5 on the ASEAN Compulsory Motor Vehicle Insurance Program: The expenditure level shall not exceed 5% of the total amount contributed to the Motor Vehicle Insurance Fund annually.

h) Managing expenses of the Motor Vehicle Insurance Fund including salaries, allowances, deductions based on salary (social insurance, health insurance, unemployment insurance, trade union fees), and rewards and welfare for Motor Vehicle Insurance Fund Office staff; allowances for management and operational staff of the Motor Vehicle Insurance Fund and part-time staff of the Motor Vehicle Insurance Fund Office; office rental costs, purchase of equipment, banking and postal service fees; auditing fees; travel expenses and organizing meetings of the Motor Vehicle Insurance Fund: The expenditure level shall not exceed 8% of the total amount contributed to the Motor Vehicle Insurance Fund annually.

i) In case there is a Prime Minister's Decision announcing a state of emergency due to natural disasters as prescribed by the Law on Prevention and Control of Natural Disasters or announcing a Category A infectious disease as prescribed by the Law on Prevention and Control of Infectious Diseases, the Management Council of the Motor Vehicle Insurance Fund may use the surplus of the Motor Vehicle Insurance Fund from previous years for the purposes specified in points d, e, f, h, and i of Clause 1 of this Article; the total amount spent shall not exceed the ratio prescribed in points d, e, f, h, and i of Clause 1 of this Article corresponding to the maximum contribution rate of 1% into the Motor Vehicle Insurance Fund.

2. The Vietnam Insurance Association prioritizes implementing humanitarian support expenditures, preventive and loss-limiting expenditures related to road traffic accidents, and promotional and educational expenditures aimed at ensuring compliance with the objectives of establishing the Motor Vehicle Insurance Fund.

Article 18. Governance and Operation Management of the Motor Vehicle Insurance Fund

1. The organizational structure for governance and operation management of the Motor Vehicle Insurance Fund includes the Management Council of the Motor Vehicle Insurance Fund, the Executive Board of the Motor Vehicle Insurance Fund, and the Supervisory Board of the Motor Vehicle Insurance Fund. The Office of the Motor Vehicle Insurance Fund serves as the supporting body for the governance and operation management machinery of the Motor Vehicle Insurance Fund, located at the permanent office of the Vietnam Insurance Association. The Management Council of the Motor Vehicle Insurance Fund is established based on the proposal of the Vietnam Insurance Association pursuant to a Decision of the Minister of Finance.

2. The annual final report of the Motor Vehicle Insurance Fund (confirmed by an independent auditing organization) must be submitted to the Ministry of Finance and insurance companies before March 31 of the following year, and published publicly on the website of the Vietnam Insurance Association, including the entire content of the annual final report of the Motor Vehicle Insurance Fund along with the opinion of the independent auditing organization.

Article 19. Organizational Structure and Governance and Operation Management of the Motor Vehicle Insurance Fund

1. The Management Council of the Motor Vehicle Insurance Fund consists of:

a) Chairman of the Management Council of the Motor Vehicle Insurance Fund: Chairman of the Vietnam Insurance Association.

b) Members:

A representative of the Ministry of Finance.

Representative of the Ministry of Public Security.

Secretary-General of the Vietnam Insurance Association.

General Director or Deputy General Director of at least three insurance companies authorized to implement compulsory civil liability insurance for motor vehicle owners, having the largest market share in compulsory civil liability insurance for motor vehicle owners.

2. The Executive Board of the Motor Vehicle Insurance Fund consists of:

a) Head of the Executive Board of the Motor Vehicle Insurance Fund: Secretary-General of the Vietnam Insurance Association.

b) Members: Representatives of at least three insurance companies authorized to implement compulsory civil liability insurance for motor vehicle owners, having the largest market share in compulsory civil liability insurance for motor vehicle owners.

3. The Supervisory Board of the Motor Vehicle Insurance Fund consists of:

a) At least three members representing three insurance companies authorized to implement compulsory civil liability insurance for motor vehicle owners.

b) Head of the Supervisory Board of the Motor Vehicle Insurance Fund appointed by the Chairman of the Management Council of the Motor Vehicle Insurance Fund from among the members of the Supervisory Board.

c) Insurance companies with members participating in the Supervisory Board of the Motor Vehicle Insurance Fund must be independent from insurance companies with members participating in the Executive Board of the Motor Vehicle Insurance Fund to ensure timely identification and assessment of risks that could affect the effectiveness and principles of managing and using the Motor Vehicle Insurance Fund.

Article 20. Tasks and Authorities of the Organizational Structure and Machinery of the Motor Vehicle Insurance Fund

1. Tasks and Authorities of the Management Board of the Motor Vehicle Insurance Fund:

a) Be responsible before the law and the Minister of Finance for managing and operating the Motor Vehicle Insurance Fund.

b) Issue the Rules of Operation of the Management Board of the Motor Vehicle Insurance Fund, the Operating Board of the Motor Vehicle Insurance Fund, and the Supervisory Board of the Motor Vehicle Insurance Fund.

c) Issue specific regulations on the management and use of the Motor Vehicle Insurance Fund; approve the budget and final accounts of the Motor Vehicle Insurance Fund.

d) Decide on the contribution rate to the Motor Vehicle Insurance Fund, notify insurance companies and the Ministry of Finance thereof.

d) Monitor, manage, govern, operate, exploit, develop, and maintain the operation of the database on compulsory civil liability insurance for motor vehicle owners.

e) Develop and implement policies on management, delegation of authority, governance, data updates, exploitation, use, and information security of the database on compulsory civil liability insurance for motor vehicle owners.

g) Coordinate with insurance companies to compile recommendations for upgrading and perfecting the database on compulsory civil liability insurance for motor vehicle owners; implement adjustments, perfect system configurations, and deploy projects connecting, upgrading the database on compulsory civil liability insurance for motor vehicle owners.

h) Inspect, monitor, and urge regular updates of information and data by insurance companies; receive, compile difficulties, obstacles, and recommendations from insurance companies and resolve them according to regulations.

i) Lead and guide insurance companies in building the database on compulsory civil liability insurance for motor vehicle owners.

k) Issue procedures, formalities, and documentation for humanitarian support payments and repayment of amounts temporarily advanced by insurance companies for compensation.

l) Issue Decisions to establish the Operating Board of the Motor Vehicle Insurance Fund and the Supervisory Board of the Motor Vehicle Insurance Fund.

m) Report to the Ministry of Finance the approved budget and final accounts of the Motor Vehicle Insurance Fund.

2. Tasks and Authorities of the Operating Board of the Motor Vehicle Insurance Fund:

a) Be responsible before the law and the Management Board of the Motor Vehicle Insurance Fund for managing, using, settling, and finalizing the Motor Vehicle Insurance Fund.

b) Adhere to regulations on managing and using the Motor Vehicle Insurance Fund according to the plan approved by the Management Board of the Motor Vehicle Insurance Fund, in accordance with this Decree, without using the Motor Vehicle Insurance Fund for activities other than its intended purposes.

c) Have the responsibility to urge or recover contributions from insurance companies that fail to contribute within the prescribed time and amount.

3. Tasks and Authorities of the Supervisory Board of the Motor Vehicle Insurance Fund:

a) Supervise the operations of the Motor Vehicle Insurance Fund to ensure compliance with legal provisions and regulations stipulated in this Decree.

b) Compile assessments and make recommendations to the Management Board of the Motor Vehicle Insurance Fund on the financial situation of the Motor Vehicle Insurance Fund quarterly and annually.

c) Conduct inspections on the management and use of the Motor Vehicle Insurance Fund at the request of the Management Board of the Motor Vehicle Insurance Fund.

Article 21. Budget preparation, accounting, and settlement work of the Motor Vehicle Insurance Fund

1. Budget preparation work:

a) Before December 15 each year, the Management Board of the Motor Vehicle Insurance Fund shall prepare the budget for revenue and expenditure of the Motor Vehicle Insurance Fund, including the following contents:

The current situation of revenue and expenditure of the Motor Vehicle Insurance Fund.

The plan for revenue and expenditure of the Motor Vehicle Insurance Fund for the next year.

b) The Management Board of the Motor Vehicle Insurance Fund shall report the budget for revenue and expenditure of the Motor Vehicle Insurance Fund to the Management Council of the Motor Vehicle Insurance Fund for approval. The budget for revenue and expenditure of the Motor Vehicle Insurance Fund must be notified to the Ministry of Finance and insurance companies immediately after approval.

c) Plans for expenditures according to the annual budget, except for the contents of expenditure at points e, g, h of Clause 1, Article 17 of this Decree, that have not been implemented or fully expended by December 31 each year shall continue to be implemented in the following year.

d) In case of necessity, the Management Council of the Motor Vehicle Insurance Fund may adjust the approved annual budget for revenue and expenditure and notify the Ministry of Finance and insurance companies.

2. Accounting of the Motor Vehicle Insurance Fund:

The Management Board of the Motor Vehicle Insurance Fund must:

a) Organize accounting and statistical work in accordance with the provisions of the Accounting Law, the Statistics Law, and guiding documents.

b) Adhere to regulations on accounting vouchers; record all revenues and expenditures of the Motor Vehicle Insurance Fund in the accounting books.

c) Open accounting ledgers to record, systematize, and store all transactions related to the Motor Vehicle Insurance Fund.

d) Quarterly, it is responsible for preparing reports on revenue and expenditure of the Motor Vehicle Insurance Fund to report to the Management Council of the Motor Vehicle Insurance Fund for approval and notify the Ministry of Finance through direct submission, postal service, or electronic mail.

Quarterly Report: The data closing period runs from the first day of the first month of the reporting quarter to the last day of the third month of the reporting quarter. The deadline for submitting the report is 30 days from the end of the quarter.

3. Settlement of the Motor Vehicle Insurance Fund:

Annually, the Management Board of the Motor Vehicle Insurance Fund is responsible for preparing the settlement report of the Motor Vehicle Insurance Fund, certified by an independent auditor, to report to the Management Council of the Motor Vehicle Insurance Fund for approval.

Article 22. Establishment of the Management Council of the Motor Vehicle Insurance Fund, Change of Members of the Management Council of the Motor Vehicle Insurance Fund

1. Procedures for proposing the establishment of the Management Council and changes in members of the Management Council of the Motor Vehicle Insurance Fund:

a) The Vietnam Insurance Association (in the case of establishing the Management Council of the Motor Vehicle Insurance Fund), the Management Council of the Motor Vehicle Insurance Fund (in the case of changing members of the Management Council of the Motor Vehicle Insurance Fund) selects a method to handle procedures with the Ministry of Finance through the online public service system of the Ministry of Finance or submit applications directly or through postal services.

b) Within 10 days from the date of receiving complete valid documents, the Minister of Finance shall issue a Decision on establishing the Management Council of the Motor Vehicle Insurance Fund, or changing members of the Management Council of the Motor Vehicle Insurance Fund. In case of refusal, the Ministry of Finance shall provide a written explanation of the reasons.

2. Documents for proposing the establishment of the Management Council of the Motor Vehicle Insurance Fund include the following:

a) One original copy of the proposal for establishing the Management Council of the Motor Vehicle Insurance Fund in the format prescribed in Appendix VIII issued together with this Decree.

b) One copy of the Resolution of the Executive Committee of the Vietnam Insurance Association approving the proposal for establishing the Management Council of the Motor Vehicle Insurance Fund.

3. Documents for proposing changes in members of the Management Council of the Motor Vehicle Insurance Fund include the following:

a) One original copy of the proposal for changing members of the Management Council of the Motor Vehicle Insurance Fund in the format prescribed in Appendix IX issued together with this Decree.

b) One copy of the Resolution of the Management Council of the Motor Vehicle Insurance Fund approving the proposal of insurance companies regarding changes in members of the Management Council of the Motor Vehicle Insurance Fund.

Chapter III. REGULATIONS ON COMPULSORY FIRE INSURANCE

Section I. INSURANCE CONDITIONS, INSURANCE FEES, AND INSURANCE AMOUNTS SỐ TIỀN BẢO HIỂM TỐI THIỂU

Article 23. Insured Object

a) Houses, buildings, and assets attached to houses and buildings; machinery and equipment.

b) Various types of goods and materials (including raw materials, semi-finished products, finished products).

2. The insured object and its location must be clearly recorded in the insurance contract and Insurance Certificate.

Article 24. Minimum Insurance Amount

2. In cases where the market value of the asset cannot be determined, the minimum mandatory fire and explosion insurance amount shall be agreed upon by the parties as follows:

a) For the assets specified in Point a of Clause 1 of Article 23 of this Decree: The insurance amount is the monetary value of the asset based on its remaining value or replacement value at the time of concluding the insurance contract.

b) For the assets specified in Point b of Clause 1 of Article 23 of this Decree: The insurance amount is the monetary value of the asset based on valid invoices, documents, or related materials.

Article 25. Scope of Insurance and Exclusions from Insurance Liability

1. Scope of Insurance:

The insurance company shall fulfill its liability to compensate for losses suffered by the insured objects specified in Clause 1 of Article 23 of this Decree arising from fire and explosion risks, except for the cases stipulated in Clauses 2 and 3 of this Article.

2. Exclusions from insurance liability for premises with fire and explosion hazards according to fire prevention and firefighting laws (excluding nuclear facilities): The insurance company shall not be liable to compensate for insurance in the following cases:

a) Earthquakes, volcanic eruptions, or other natural phenomena.

b) Losses caused by political, security, and social order incidents.

c) Assets burned or exploded pursuant to a decision of a competent state agency.

d) Assets that ferment spontaneously or emit heat spontaneously; assets affected by a process involving heat treatment.

d) Lightning striking directly onto insured assets but not causing fire or explosion.

c) Nuclear weapons materials causing fire or explosion.

g) Machinery, electrical equipment, or parts of electrical equipment damaged due to direct impact of overload, overpressure, circuit breakage, self-heating, electric arc, leakage current, or lightning strike.

h) Losses caused by intentional acts of the insured person leading to fire or explosion; or by intentionally violating fire prevention and firefighting regulations and being the direct cause of fire or explosion.

i) Damage to data, software, and computer programs.

k) Losses caused by burning forests, shrubs, grasslands, or burning fields for land clearing purposes.

3. Exclusions from insurance liability for nuclear facilities: The insurance company and the policyholder shall agree on exclusions from insurance liability based on the approval of the reinsurer.

Article 26. Insurance Premium Rates and Deductibles

Based on the level of risk of the insured object, the insurance company may adjust the insurance premium rate up or down by a maximum of 25% of the basic premium rate.

In the case that in the immediately preceding fiscal year, the insured object was directly responsible for insurance compensation amounts exceeding the gross revenue from compulsory fire and explosion insurance premiums, based on data confirmed by the insurance company's actuarial experts and independent audit organizations, when renewing the insurance contract, the insurance company and the policyholder may negotiate insurance premium rates and deductibles that ensure the insurance company's solvency.

2. For facilities with fire and explosion risks where the total insurance amount for assets at one location is VND 1,000 billion or more (excluding nuclear facilities):

The insurance company and the policyholder may negotiate insurance premium rates and deductibles based on evidence proving confirmation by leading foreign insurance companies accepting reinsurance. Leading foreign insurance companies accepting reinsurance and foreign insurance companies accepting reinsurance of at least 10% of each reinsurance contract's total liability must comply with the provisions of Clause 9, Article 4 of this Decree. In all cases, the insurance premium rate shall not be lower than the corresponding premium rate for VND 1,000 billion multiplied by 75% of the premium rate specified in Clause 1, Section I, Appendix II issued together with this Decree.

3. For nuclear facilities: The insurance company and the policyholder may negotiate rules, terms, insurance premium rates, and deductibles based on evidence proving confirmation by leading foreign insurance companies accepting reinsurance according to the rules, terms, insurance premium rates, and deductibles provided by the insurance company to the policyholder. Leading foreign insurance companies accepting reinsurance and foreign insurance companies accepting reinsurance of at least 10% of each reinsurance contract's total liability must comply with the provisions of Clause 9, Article 4 of this Decree.

Article 27. Insurance Certificate

1. The insurance company must issue a Compulsory Fire and Explosion Insurance Certificate to the policyholder. The Compulsory Fire and Explosion Insurance Certificate must be designed proactively by the insurance company and must include the following contents:

a) Name, address, telephone number (if available) of the policyholder, insured party.

b) Name, address, hot-line telephone number of the insurance company.

c) Name of the facility with fire and explosion risks as stipulated by fire prevention and firefighting laws.

d) Location of the insured object.

d) Insured property.

c) Insurance amount.

g) Insurance deductible.

h) Insurance period.

i) Premium rate ratio, insurance premium.

k) Date of issuance of the Insurance Certificate.

l) Code, barcode registered, managed, and used in accordance with the law for storing, transmitting, and retrieving information identifying the insurance company and identifying the compulsory fire and explosion insurance product.

2. In the case of issuing an electronic insurance certificate, the insurance company must comply with the provisions of the Law on Electronic Transactions and implementing regulations; the electronic insurance certificate must fully comply with current regulations and reflect all contents prescribed in Clause 1 of this Article.

Article 28. Principles of Insurance Compensation

The insurance enterprise shall examine and handle insurance compensation in accordance with the laws on insurance business operations and the following principles:

1. When loss occurs, the insured party must immediately notify the insurance enterprise through communication means, and subsequently, within 14 days from the date of the loss, provide a written notification to the insurance enterprise for premises at risk of fire or explosion.

2. The amount of insurance compensation for damaged property shall not exceed the insurance amount of that property (as agreed upon and recorded in the insurance contract or Insurance Certificate), minus the deductible amount specified in Clause 3 of this Article.

Article 29. Documents for Insurance Compensation

The documents required for compulsory fire and explosion insurance compensation include the following:

1. A claim request letter from the insured party.

2. Relevant documents concerning the insured object, including: Insurance Contract, Insurance Certificate.

4. An appraisal report from the insurance enterprise or a person authorized by the insurance enterprise.

5. A conclusion or notification regarding the cause of the fire or explosion issued by the competent authority (a copy) or evidence proving the cause of the fire or explosion.

6. A list of damages and supporting documents proving the damage.

The insured party is responsible for collecting and submitting to the insurance enterprise the documents stipulated in Clauses 1, 2, 3, 5, and 6 of this Article. The insurance enterprise is responsible for collecting the documents stipulated in Clause 4 of this Article.

Section 2. LEVEL OF COLLECTION, MANAGEMENT AND USE OF REVENUE FROM COMPULSORY FIRE AND EXPLOSION INSURANCE FOR OPERATIONS FIRE PREVENTION AND FIGHTING

Article 30. Level of Collection and Payment from Compulsory Fire and Explosion Insurance for Fire Prevention and Extinguishing Activities

2. Annually, insurance enterprises are responsible for depositing the amount specified in Clause 1 of this Article into the Account of the Fire Prevention and Extinguishing Police Force and Rescue Department opened by the Ministry of Public Security at the State Treasury Central Office according to the following deadlines:

a) Before June 30 each year: Deposit 50% of the total amount specified in Clause 1 of this Article.

b) Before December 31 each year: Deposit the remaining amount specified in Clause 1 of this Article.

Article 31. Management and Use of Revenue from Compulsory Fire and Explosion Insurance

1. The management and use of revenue from compulsory fire and explosion insurance must ensure transparency and compliance with the purposes as stipulated in this Decree and relevant laws.

a) To support the purchase of equipment and devices for fire prevention and extinguishing for the Fire Prevention and Extinguishing Police Force: Up to a maximum of 65% of the actual revenue from compulsory fire and explosion insurance collected by insurance enterprises in the fiscal year. The procurement of equipment and devices for fire prevention and extinguishing shall be carried out in accordance with the laws on public bidding.

b) To support the dissemination and promotion of laws, knowledge on fire prevention and extinguishing, and compulsory fire and explosion insurance: Up to a maximum of 15% of the actual revenue from compulsory fire and explosion insurance collected by insurance enterprises in the fiscal year. The content and level of expenditure for dissemination and promotion of laws and knowledge shall be implemented in accordance with the laws on the management, use, and settlement of funds for legal education and publicity work.

c) To support the Fire Prevention and Extinguishing Police Force in activities such as investigating the causes of fires, training and inspecting fire safety, supervising participation in compulsory fire and explosion insurance by premises at risk of fire or explosion: Up to a maximum of 15% of the actual revenue from compulsory fire and explosion insurance collected by insurance enterprises in the fiscal year. The content and level of expenditure shall be implemented in accordance with current financial expenditure regulations.

d) To support rewards for achievements of organizations and individuals directly involved in fire prevention and extinguishing work: Up to a maximum of 5% of the actual revenue from compulsory fire and explosion insurance collected by insurance enterprises in the fiscal year. Among which:

Regular rewards: Implemented in accordance with the laws on commendation and awards.

Special rewards for organizations and individuals directly involved in fire prevention and extinguishing: The Minister of Public Security shall decide specific cases eligible for special rewards based on the achievements of organizations and individuals and the revenue from compulsory fire and explosion insurance.

3. Annually, at the same time as preparing the annual state budget estimate, the Ministry of Public Security prepares the estimate of revenue from compulsory fire and explosion insurance fees, consolidating it into the Ministry's budget estimate, and sends it to the Ministry of Finance in accordance with the State Budget Law and guiding documents for consolidation and monitoring.

4. The management and use of funds shall comply with current regulations on financial systems, standards, and norms. The Ministry of Public Security is responsible for reviewing and auditing the annual settlement of funds derived from compulsory fire and explosion insurance for subordinate units; compiling and preparing the annual settlement report for other sources of funding, and sending it to the Ministry of Finance together with the submission of the annual state budget settlement report for consolidation and monitoring.

5. The actual amount collected from compulsory fire and explosion insurance for firefighting activities at the end of the year that has not been fully utilized for each content specified in Clause 2 of this Article shall be transferred to the following year for continued use in accordance with the provisions of the law. After five years, in cases where the funds collected from compulsory fire and explosion insurance have not been fully utilized, the Ministry of Public Security shall take the lead and coordinate with the Ministry of Finance to review and assess the revenue from compulsory fire and explosion insurance, report to the Government to adjust the contribution rate accordingly.

Chapter IV. PROVISIONS ON COMPULSORY INSURANCE IN ACTIVITIES INVESTMENT CONSTRUCTION

Section 1. INSURANCE REQUIREMENTS, INSURANCE PREMIUM LEVELS,

Article 32. Insured Objects

The investor is responsible for purchasing compulsory construction insurance during the construction period for the following projects:

1. Construction works or parts thereof having a significant impact on public safety and benefits as stipulated in Appendix X of Decree No. 15/2021/NĐ-CP dated March 3, 2021 of the Government detailing certain contents regarding project management in investment construction.

2. Construction projects with high risk of adverse environmental impacts or risks of adverse environmental impacts as stipulated in Appendices III and IV of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection and included in the list of investment projects required to conduct environmental impact assessments under the Law on Environmental Protection.

3. Construction works with special technical requirements and complex construction conditions as prescribed by laws on construction and other related laws.

Article 33. Minimum Insurance Amount

The minimum insurance amount for compulsory construction insurance during the construction period is the full value of the completed construction work, including all materials, labor costs, installation equipment, transportation fees, taxes, other fees, and other items provided by the investor. The minimum insurance amount for construction works during the construction period must not be lower than the total contract value for construction, including adjustments and supplements (if any).

Article 34. Scope of Insurance and Exclusions from Insurance Liability

1. Scope of Insurance

The insurance company shall fulfill the obligation to compensate for losses of construction works during the construction period arising from all risks, except for exclusions from insurance liability as stipulated in Clause 2 of this Article.

2. Exclusions from Insurance Liability

The insurance company has no obligation to compensate for insurance in the following cases:

a) Losses arising from war, riots, strikes, actions by hostile forces, rebellion, malicious acts in the name of or related to political organizations, confiscation, requisition, expropriation, seizure, or destruction or damage caused by orders of competent state agencies.

b) Losses arising from non-malicious actions.

c) Losses arising from nuclear reactions, nuclear radiation, radioactive contamination.

d) Losses or damages of the policyholder and insured parties listed in the embargo list.

đ) Losses or damages related to epidemics as announced by competent authorities.

e) Losses arising from intentional violations of the law by the policyholder or insured party.

g) Losses arising when the policyholder does not have insurable interests as prescribed by law.

h) Losses arising from the suspension of construction work or losses resulting from the consequences of such suspension (whether partial or complete suspension of construction work).

i) Losses for data, software, and computer programs.

k) Losses arising from design errors of construction consultancy contractors for construction works from Class II and above.

l) Losses due to corrosion, abrasion, oxidation.

m) Losses due to washing out phenomena occurring under normal pressure and temperature conditions (this provision only applies to construction works as stipulated in point a, Clause 1, Article 37 of this Decree).

n) Losses due to hardening crust formation phenomena such as rusting, sedimentation, or similar phenomena (this provision only applies to construction works as stipulated in point b, Clause 1, Article 37 of this Decree).

o) Repair, replacement, and correction costs for defects in raw materials or craftsmanship errors. This exclusion only applies to losses of directly affected components, not to indirect losses of other components caused by defects in raw materials or craftsmanship errors while construction was carried out correctly.

p) Losses or damages only discovered at the time of inventory.

Article 35. Termination of Insurance Contract

1. The insurance contract shall terminate in the following cases:

a) The insured party and the insurance company agree in the insurance contract that the contract will terminate if the construction work under the construction contract is temporarily suspended or the construction contract is terminated in accordance with the provisions of the law.

The insured party must notify the insurance company in writing within five working days from the date the project investor decides to temporarily suspend the construction work or terminate the construction contract in accordance with the law. The termination date of the insurance contract shall be determined based on the date of temporary suspension of the construction work or the termination of the construction contract in accordance with the law.

b) Other termination cases as provided for by law.

2. Legal consequences of terminating the insurance contract

a) In the case where the insurance contract terminates according to point a, Clause 1 of this Article, within fifteen days from the date of termination of the insurance contract, the insurance company must refund to the insured party the corresponding portion of the insurance premium for the remaining period of the insurance contract, after deducting reasonable costs related to the insurance contract as agreed upon in the insurance contract (if any). If the insured party has not fully paid the insurance premium, the insured party must pay the additional amount of the insurance premium corresponding to the time already covered by the insurance up to the date of termination of the insurance contract.

b) The legal consequences of terminating the insurance contract according to point b, Clause 1 of this Article shall be carried out in accordance with the agreement in the insurance contract and the provisions of the law.

Article 36. Insurance Period

The mandatory insurance period for construction projects during the construction phase shall be as follows:

1. For construction projects specified in point a, Clause 1 of Article 37 of this Decree: The insurance period shall be recorded in the insurance contract, starting from the beginning to the end of the construction period based on the investment decision document issued by the competent authority including any adjustments or supplements (if any). The insurance period for parts or sections of the project that have been handed over or put into use shall terminate from the date such parts or sections are handed over or put into use.

2. For construction projects specified in point b, Clause 1 of Article 37 of this Decree: The insurance period shall be recorded in the insurance contract, starting from the beginning of the construction period based on the investment decision document issued by the competent authority including any adjustments or supplements (if any), until the project is handed over or after the first load test run, whichever comes first, but not later than twenty-eight days from the start of the test run. The insurance period for used equipment installed in the project shall terminate from the date such equipment begins the test run.

Article 37. Insurance Premium Rate and Deductible Amount

1. The insurance premium rate and deductible amount for mandatory insurance during the construction period shall be specifically stipulated as follows:

a) For construction projects valued at less than one trillion VND, excluding installation work or including installation work but the cost of performing the installation work is lower than fifty percent of the total value of the insured construction project: The insurance premium rate and deductible amount shall be as prescribed in Clause 1, Section I, Appendix III promulgated together with this Decree.

b) For construction projects valued at less than one trillion VND, including installation work and the cost of performing the installation work accounts for fifty percent or more of the total value of the insured construction project: The insurance premium rate and deductible amount shall be as prescribed in Clause 1, Section II, Appendix III promulgated together with this Decree.

c) For construction projects valued at one trillion VND or more as specified in points a and b of this clause: The insurance company and the insured party may negotiate the insurance premium rate and deductible amount based on evidence proving confirmation by foreign insurance companies leading the reinsurance. Foreign insurance companies leading the reinsurance and foreign insurance companies receiving reinsurance of ten percent or more of each reinsurance contract's total liability must comply with the provisions of Clause 9, Article 4 of this Decree. In all cases, the insurance premium rate shall not be lower than the insurance premium rate corresponding to one trillion VND multiplied by seventy-five percent of the insurance premium rate prescribed in Clause 1, Section I, Appendix III promulgated together with this Decree (for projects specified in point a, Clause 1 of this Article) or Clause 1, Section II, Appendix III promulgated together with this Decree (for projects specified in point b, Clause 1 of this Article).

d) For construction projects not specified in points a, b, and c of this clause:

The insurance company and the insured party may negotiate rules, terms, insurance premium rates, and deductible amounts based on evidence proving confirmation by foreign insurance companies leading the reinsurance accepting reinsurance according to the rules, terms, insurance premium rates, and deductible amounts provided by the insurance company to the insured party. Foreign insurance companies leading the reinsurance and foreign insurance companies receiving reinsurance of ten percent or more of each reinsurance contract's total liability must comply with the provisions of Clause 9, Article 4 of this Decree.

2. For construction projects specified in points a and b of Clause 1 of this Article:

Based on the level of risk of the insured object, the insurance company may adjust the insurance premium rate up or down by a maximum of 25% of the basic premium rate.

In the preceding fiscal year, if the insured object directly causes the amount of insurance compensation to exceed the original insurance premium income of the mandatory insurance during the construction period, based on data confirmed by the insurance company's actuary and an independent auditing organization, when renewing the insurance contract, the insurance company and the insured party may negotiate the insurance premium rate and deductible amount to ensure the insurer's solvency.

3. In case the construction time of the project is extended compared to the time stipulated in the document of the competent authority deciding on investment at the time of concluding the insurance contract, the insured party and the insurance company may agree on additional insurance premiums applicable for the extended period. Any additional insurance premium (if any) shall be calculated based on the insurance premium prescribed in Appendix III issued together with this Decree and Clause 2 of Article 3 of this Decree, the ratio of the extended construction time over the total construction time of the project as stipulated in the document of the competent authority deciding on investment at the time of concluding the insurance contract, and other relevant provisions.

Article 38. Obligation to Purchase Insurance

The investor must purchase insurance for the project or for each component of the project during the construction period. Specific cases are as follows:

1. In the case of purchasing insurance for the project during the construction period, the investor must purchase insurance with a minimum insurance amount as prescribed in Article 33 of this Decree.

2. In the case of purchasing insurance for each component of the project during the construction period, the investor must purchase insurance with an insurance amount for each component not lower than the full value of that component when completed, and the total insurance amount for all components during the construction period must not be lower than the minimum insurance amount prescribed in Article 33 of this Decree.

Article 39. Principles of Insurance Compensation

The insurance enterprise shall examine and handle insurance compensation in accordance with the laws on insurance business operations and the following principles:

1. When damage occurs to the project during the construction period, the insured party shall cooperate with the insurance company to handle insurance compensation as follows:

a) Immediately notify the insurance company through communication means, and then submit a written notification to the insurance company within 14 days from the date of occurrence of the damage to the construction project.

b) After submitting a written notification to the insurance company, the insured party may proceed to repair or replace minor damages with a value not exceeding the corresponding deductible as prescribed in this Decree.

In other cases, before carrying out repairs or replacements of damaged components, the insured party must have the loss appraised by the insurance company. If the insurance company does not conduct the appraisal within five working days from the date of receiving the loss notification, except in cases of force majeure or objective obstacles, the insured party and the insured person have the right to carry out repairs or replacements of damaged components. The insurance company must pay the costs of repairing or replacing damaged components within its liability if the insured party and the insured person promptly carry out such actions.

c) Preserve the damaged parts and make them available for inspection by representatives or appraisers of the insurance company.

d) Notify the police immediately in case of damage caused by theft.

đ) Take all measures within their capacity to minimize losses to the lowest extent possible.

e) Implement, cooperate, and allow the insurance company to take necessary actions and measures, or as required by the insurance company, to protect the rights and interests that the insurance company enjoys after compensating for losses within its liability as prescribed in this Decree.

2. When damage occurs to the project during the construction period, the insurance company shall handle insurance compensation as follows:

a) Conduct loss assessment in accordance with the law and prepare a record of the cause and extent of the damage as prescribed in Clause 5 of Article 40 of this Decree.

b) Guide and coordinate with the insured party and related agencies, organizations, and individuals to collect complete documents to establish a claim file.

3. The insurance company shall compensate for material losses actually borne by the insured person and included in the insurance amount.

4. The level of compensation for each item of property listed in the insurance contract shall not exceed the insurance amount of that item. The total compensation amount shall not exceed the total insurance amount specified in the insurance contract. Specific cases are as follows:

a) For repairable damage, repairs must be made, and the compensation amount is the necessary cost to restore the damaged items to their pre-damage condition after deducting the recovered value (in case the insured party recovers the damaged property) and the insurance deductible.

b) For total damage, the insurance compensation amount is the market value of that item at the time and place of the damage, less the actual degree of damage and the insurance deductible. In case the insured party recovers the damaged property, the insurance compensation amount is the actual value of that item at the time and place of the damage, less the insurance deductible and the recovered value of the damaged property.

5. Temporary repair costs will be borne by the insurance company if such repairs are part of the formal repair process and do not increase the overall repair costs according to the final repair plan of the damaged item.

6. The insurance company has no obligation to compensate for any costs aimed at altering, supplementing, or upgrading the insured items.

Article 40. Summary of Insurance Compensation

The insurance compensation file for mandatory construction projects during the construction period includes the following documents:

1. A claim request letter from the insured party.

2. Relevant documents concerning the insured object, including: Insurance Contract, Insurance Certificate.

3. Documents proving property damage, including:

a) Construction project accident files in cases where construction project accidents occur (certified copies from original documents or copies confirmed by the party preparing the file) as stipulated in Article 47 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on construction quality management, construction works, and maintenance of construction projects, or evidence proving the loss of construction projects.

b) Invoices, valid vouchers, or evidence proving the repair or replacement of damaged assets.

4. Documents proving necessary and reasonable expenses incurred by the insured to minimize losses to the lowest extent possible or to comply with the instructions of the insurance company.

5. Inspection reports on the cause and degree of damage prepared by the insurance company or persons authorized by the insurance company.

6. Other related documents (if any).

The insured is responsible for collecting and submitting to the insurance company the documents specified in Clauses 1, 2, 3, 4, and 6 of this Article. The insurance company is responsible for collecting the documents specified in Clause 5 of this Article.

Section 2. INSURANCE CONDITIONS, INSURANCE FEES, LIMITS OF LIABILITY INSURANCE LIABILITY FOR COMPULSORY PROFESSIONAL LIABILITY INSURANCE FOR CONSULTING INVESTMENT AND CONSTRUCTION

Article 41. Insured Object

The compulsory professional liability insurance object for consulting investment and construction is the civil liability of the consulting contractor for third parties arising from the performance of construction surveying and design work for construction projects at level II or higher.

Article 42. Limit of Liability

The limit of liability is equal to the value of the construction survey consulting contract and the construction design consulting contract.

Article 43. Scope of Insurance and Exclusions

1. Scope of Insurance

The insurance company compensates the consulting contractor for the amounts that the consulting contractor is liable to compensate for third-party losses arising from the performance of consulting investment and construction work and related costs as prescribed by law, except for the cases stipulated in Clause 2 of this Article.

2. Exclusions from Insurance Liability

The insurance company has no obligation to compensate for insurance in the following cases:

a) Exclusions of insurance liability as provided in points a, b, c, d, đ, e, g, h, and i of Clause 2 of Article 34 of this Decree.

b) Losses arising from the consulting contractor's intentional selection of construction methods, calculations, measurements, designs, or the use of materials not yet tested.

c) Costs for redesigning or amending drawings, plans, technical guidance documents, or technical guidance document lists.

d) Losses arising from five markers.

d) Losses caused by construction surveying and design consulting leading to environmental pollution and contamination affecting third parties.

e) Losses related to asbestos or any material containing asbestos.

g) Losses arising from intellectual property rights violations.

h) Losses arising from the consulting contractor's intentional non-compliance with construction laws regarding the application of technical standards and regulations, and the use of building materials harmful to public health and the environment.

Article 44. Insurance Period

The mandatory professional liability insurance period for investment consulting construction services begins from the date of performing the consulting work until the end of the warranty period for the construction project as stipulated by law.

Article 45. Premium Amount and Deductible Amount for Insurance

1. The premium amount and deductible amount for mandatory professional liability insurance for investment consulting construction services shall be specified as follows:

a) For construction projects with a value under VND 1,000 billion and not belonging to types of construction projects such as dikes, dams, ports, wharfs, harbor bridges, shipyards, breakwaters, and water conservancy works; airport, aircraft, satellite, and space construction projects; ship repair and construction projects; offshore and underwater energy construction projects; railway, tramway, express train, and underground tunnel and mine projects: The premium amount and deductible amount shall be as prescribed in Clause 1 of Appendix IV issued together with this Decree.

Based on the level of risk of the insured object, the insurance company may adjust the insurance premium rate up or down by a maximum of 25% of the basic premium rate.

In the case where, in the immediately preceding fiscal year, the insured party was the direct cause leading to the total insurance indemnity amount exceeding the gross premium income of the mandatory professional liability insurance for investment consulting construction services, based on the data confirmed by the actuary of the insurance company and confirmed by an independent auditing organization, when renewing the insurance contract, the insurance company and the policyholder may negotiate the premium amount and deductible amount to ensure the solvency of the insurance company.

b) For construction projects with a value of VND 1,000 billion or more, or contracts for consulting services valued at over VND 80 billion, or projects not applying the premium rate as prescribed in point a, Clause 1 of this Article: The insurance company and the policyholder may negotiate the premium amount and deductible amount based on evidence proving that the lead reinsurer foreign insurance company confirms acceptance of reinsurance according to the rules, terms, premium rates, and deductibles provided by the insurance company to the policyholder. The lead reinsurer foreign insurance company and the foreign insurance companies accepting reinsurance of 10% or more of each reinsurance contract's total liability must comply with the provisions of Clause 9, Article 4 of this Decree. In all cases, the premium rate shall not be lower than the premium rate corresponding to VND 1,000 billion multiplied by 75% of the premium rate prescribed in point a, Clause 1 of Appendix IV issued together with this Decree.

2. In the event that the duration of performing investment consulting construction services exceeds the time stipulated in the investment decision-making document of the competent authority when concluding the insurance contract, the policyholder and the insurance company must agree on additional premiums applicable to the extended period. Additional premiums shall be calculated based on the premium rate prescribed in point a, Clause 1 of Appendix IV issued together with this Decree, increasing or decreasing the premium rate prescribed in point a, Clause 1 of this Article, and corresponding to the extended duration of performing consulting work.

Article 46. Principles for Insurance Compensation

The insurance enterprise shall examine and handle insurance compensation in accordance with the laws on insurance business operations and the following principles:

1. The insurance company shall compensate the consulting contractor for amounts that the consulting contractor is responsible for compensating to third-party losses and related expenses as prescribed by law, specifically as follows:

a) Third-party losses and related expenses arising from negligent acts or omissions of the insured person as a result of performing surveying and construction design work within the scope of insurance coverage.

b) The first claim for compensation made by a third party (from an insurance event) against the insured person and notified to the insurance company by the policyholder within the insurance period, including legal fees paid to lawyers designated by the insurance company or by the insured person (with the written consent of the insurance company), other fees and expenses incurred from investigation, adjustment, and defense related to the insurance event but excluding wages paid to employees or managers who have entered into labor contracts with the insured person.

c) Other related expenses as prescribed by law.

2. The total amount of compensation provided by the insurance company for all claims during the insurance period shall not exceed the agreed insurance liability limit under the insurance contract.

3. When there is a claim for compensation from a third party, the policyholder shall cooperate with the insurance company to handle insurance compensation as follows:

a) Immediately notify the insurance company through communication means, and within 14 days from receiving the third-party claim, provide written notification to the insurance company.

b) Take all measures within their capacity to minimize losses.

c) Implement, coordinate, and allow the insurance company to take necessary actions or measures at its request to protect the interests it enjoys after compensating for damages within the scope of insurance liability under this Decree.

4. When there is a claim for compensation from a third party, the insurance company must handle insurance compensation as follows:

a) Inspect losses according to the law and prepare a report on the cause and extent of the loss.

b) Guide the policyholder, coordinate with the policyholder and relevant agencies, organizations, and individuals to collect complete documentation to establish a compensation file.

c) Coordinate with the policyholder to resolve third-party damage claims within the scope of insurance liability when an insurance event occurs.

Article 47. Documentation for Insurance Compensation

The insurance company has the responsibility to cooperate with the policyholder, the insured person, and relevant agencies and organizations to collect related documents to establish a compensation file. The compulsory insurance compensation file for professional liability of investment and construction consulting includes the following documents:

1. A claim request letter from the insured party.

2. Documents related to the insured object, including: Insurance Contract, Insurance Certificate.

3. A written claim for compensation from a third party to the insured person.

4. Documents proving personal injury losses (Copies of medical examination and treatment facilities or copies certified by the insurance company after comparing with the original) provided by the policyholder. Depending on the extent of personal injury, it may include one or more of the following documents:

a) Injury certification.

b) Discharge summary.

c) Surgical certificate.

d) Medical record.

đ) Death registration extract or death notice or confirmation document from the police agency or forensic medical examination results.

e) Invoices and valid receipts for medical expenses.

5. Documents proving property damage, including:

a) Construction project accident files in cases where construction project accidents occur (certified copies from original documents or copies confirmed by the party preparing the file) as stipulated in Article 47 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on construction quality management, construction works, and maintenance of construction projects, or evidence proving the loss of construction projects.

b) Invoices, valid vouchers, or evidence proving the repair or replacement of damaged assets.

c) Relevant documents, invoices, and receipts for expenses incurred by the policyholder to minimize losses to the lowest possible level or easily implementable according to the guidance of the insurance company.

6. Inspection reports on the cause and extent of damage prepared by the insurance company or by a person authorized by the insurance company.

7. Other related documents (if any).

The policyholder is responsible for collecting and submitting to the insurance company the documents specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, and Clause 7 of this Article. The insurance company is responsible for collecting the documents specified in Clause 6 of this Article.

Section 3. CONDITIONS FOR INSURANCE, INSURANCE PREMIUM LEVELS, LIMIT OF LIABILITY FOR COMPULSORY INSURANCE FOR WORKERS ON CONSTRUCTION SITES

Article 48. Insured Object

1. The compulsory insured object for construction workers on the construction site is the civil liability of the construction contractor towards construction workers on the construction site as prescribed by law.

2. The limit of insurance liability is one hundred million dong for one person in one incident.

Article 49. Scope of Insurance and Exclusion of Liability

1. Scope of Insurance

The insurance company shall fulfill the obligation to compensate the construction contractor for the amounts that the construction contractor is responsible for compensating to injured or deceased construction workers due to work accidents or occupational diseases arising from performing construction work on the construction site, except for the cases stipulated in Clause 2 of this Article.

2. Exclusions from Insurance Liability

The insurance company has no obligation to compensate for insurance in the following cases:

a) The exclusion of insurance liability as provided in points a, b, c, d, đ, g, h, and i of Clause 2 of Article 34 of this Decree.

b) Losses related to asbestos or any material containing asbestos.

c) Losses arising from conflicts between construction workers and the person causing the accident, which are not related to the performance of construction work on the construction site.

d) Losses arising from construction workers intentionally damaging their own health.

đ) Losses arising from construction workers using drugs or narcotics contrary to the provisions of the law (except when prescribed by a licensed physician).

e) Losses arising from intentional violations of the law by the policyholder or the insured (except when the construction worker acts in self-defense, rescues people or property, or uses stimulants prescribed by a physician for treatment purposes).

Article 50. Duration of Insurance

1. The compulsory duration of insurance for construction workers on the construction site starts from the day construction work begins until the end of the warranty period for the project as prescribed by law.

2. The specific determination of the insurance period for construction workers on the construction site is based on the labor contract and the confirmation document issued by the construction contractor regarding the actual working time of construction workers on the construction site.

Article 51. Premium Rate

1. The compulsory premium rate for construction workers on the construction site is specified in Appendix V attached to this Decree.

2. Based on the level of risk of the insured object, the insurance company may adjust the premium rate up or down by a maximum of twenty-five percent of the basic premium rate.

In the case where, in the preceding fiscal year, the insured object directly caused the amount of compensation paid under the basic insurance to exceed the premium income from compulsory insurance for construction workers on the construction site, based on data confirmed by the insurance company's calculation expert and an independent auditing organization, when renewing the insurance contract, the insurance company and the policyholder may agree on the premium rate and deductible amount to ensure the solvency of the insurance company.

3. In the event of changes in the number of workers or changes in the work performed by workers as follows:

a) Before the 15th day of the following month in which the change occurs, the construction contractor must notify the insurance company in writing about the above changes along with a list of newly added or reduced workers (in the case of changes in the number of workers) and a list of changed work for workers (in the case of changes in the work performed by workers).

b) In the case of an increase in the number of workers or changes in work that increase the insured risk, the construction contractor must pay the additional insurance premium before the 15th day of the following month after notification.

c) In the case of a reduction in the number of workers or changes in work that decrease the insured risk, the insurance company must refund the corresponding portion of the insurance premium to the construction contractor for the remaining term of the insurance contract that the policyholder has overpaid before the 15th day of the following month after notification, provided that there have been no claims or claims have arisen but not compensated by the insurance company at that point.

d) If the construction contractor fulfills the obligation to notify as provided in point a of this clause and pays the insurance premium as required in point b of this clause, the insurance contract automatically becomes effective for the list of newly added workers or terminates for the list of reduced workers; the insurance contract automatically becomes effective for the changed work of workers from the date of the actual change upon request of the insured.

Article 52. Principles of Insurance Compensation

The insurance enterprise shall examine and handle insurance compensation in accordance with the laws on insurance business operations and the following principles:

1. When a workplace accident or occupational disease occurs to workers on construction sites, the insurance buyer shall cooperate with the insurance company to handle insurance compensation as follows:

a) Immediately notify the insurance company through communication means, and subsequently, within 14 days from the date of the workplace accident or occupational disease occurring to workers on construction sites, provide a written notification to the insurance company.

b) Take all measures within their capacity to minimize losses to the lowest extent possible.

c) Implement, allow the insurance company to take necessary actions and measures, or according to the insurance company's requirements, to protect the rights that the insurance company enjoys after compensating for losses under its insurance liability pursuant to this Decree.

2. When a workplace accident or occupational disease occurs to workers on construction sites, the insurance company shall guide the insurance buyer, cooperate with the insurance buyer and relevant agencies, organizations, and individuals to collect all necessary documents to establish a claim file; determine the cause and degree of loss.

3. When a worker suffers from disability or death due to a workplace accident or occupational disease arising from construction work on construction sites under insurance liability, the insurance company shall be responsible for paying the amounts agreed upon between the construction contractor and the worker or the legal representative of the worker (in case the worker has died), including the following payments:

a) Allowance for leave during treatment period based on the salary level stipulated in the labor contract but not exceeding six months' salary per incident.

b) Actual medical expenses including emergency costs, necessary and reasonable inpatient and outpatient treatment fees.

c) In cases where the worker's ability to work is reduced by less than 81%, the specific compensation amount for each type of injury or personal damage shall be determined according to the Table of Compensation Payment Ratios for Workers on Construction Sites issued as Appendix VII accompanying this Decree.

d) In cases where the worker dies or their ability to work is reduced by 81% or more, the insurance company will pay 100 million VND per person per incident.

The total insurance compensation amount specified in points a, b, c, and d of this clause shall not exceed 100 million VND per person per incident for cases participating in limited insurance liability up to 100 million VND.

4. In cases where a workplace accident occurs or an occupational disease arises causing injury to a worker, and such injury is exacerbated by previous injuries or illnesses, the insurance company shall not be liable for compensation for the aggravated portion.

Article 53. Claim File for Insurance Compensation

The insurance company shall be responsible for cooperating with the insurance buyer, the insured party, and related agencies and organizations to collect relevant documents to establish a claim file. The mandatory claim file for insurance compensation for workers on construction sites includes:

1. A claim request letter from the insured party.

2. Documents related to the insured object include:

a) Insurance contract, Insurance Certificate, labor contract signed between the insured party and the worker who suffered a workplace accident or occupational disease, attendance sheet.

b) Any written claims for compensation for workplace accidents or occupational diseases submitted by the worker (if applicable).

3. Documents proving that the worker was injured or died due to a workplace accident (certified copies from original documents or copies confirmed by the insurance company after comparing with the original):

a) Accident investigation report established by the competent authority in accordance with the law (if applicable). In cases where the worker suffers a traffic accident and it is determined to be a workplace accident, there must be a traffic accident report or an inspection report and diagram of the traffic accident scene established by the competent authority in accordance with the law.

b) Depending on the severity of personal damage, may include one or several of the following documents: Injury certificate; Discharge certificate; Surgery certificate; Medical record; Death registration extract or Death notice or confirmation document from the police agency or forensic medical examination results.

c) Report on the assessment of the reduction in work capacity by the Medical Expertise Board for cases where the worker's work capacity is reduced by 5% or more (if applicable).

d) Receipts and valid documents from healthcare facilities proving the treatment of injuries caused by workplace accidents for workers.

4. Documents proving that the worker was injured or died due to an occupational disease:

a) Environmental measurement report containing hazardous factors within the prescribed time frame established by the competent authority, if the report applies to multiple people, each worker's file must have a copy (if applicable).

b) Discharge certificate (if not treated at a hospital, then a professional health examination certificate must be provided) or occupational disease consultation form; Medical record; Death registration extract or Death notice (in case the worker dies).

c) Report on the assessment of the reduction in work capacity by the Medical Expertise Board for cases where the worker's work capacity is reduced by 5% or more (if applicable).

d) Receipts and valid documents from healthcare facilities proving the treatment of injuries caused by occupational diseases for workers.

5. Documents proving the amounts paid by the construction contractor for compensation to workers who were injured or died due to workplace accidents or occupational diseases arising under insurance liability.

6. Other related documents (if any).

Section 4. CONDITIONS OF INSURANCE, INSURANCE PREMIUM LEVELS, AND LIMITS OF LIABILITY FOR COMPULSORY CIVIL LIABILITY INSURANCE TOWARDS THIRD PARTIES CIVIL LIABILITY TOWARDS THIRD PARTIES

Article 54. Insured Object

The compulsory civil liability insurance towards third parties for the insured object is the civil liability of the construction contractor towards third parties during the construction process as prescribed by law.

Article 55. Limit of Liability

The limit of liability for compulsory civil liability insurance towards third parties is as follows:

1. The limit of liability for damage to health and life is 100 million Vietnamese dong per person per incident without limitation on the number of incidents.

2. The limit of liability for damage to property and related legal costs (if any) is determined as follows:

a) For construction projects valued under 10 trillion Vietnamese dong, the limit of liability for damage to property and related legal costs (if any) is 10% of the project value for the entire insurance period without limitation on the number of incidents.

b) For construction projects valued at 10 trillion Vietnamese dong or more, the limit of liability for damage to property and related legal costs (if any) is 1 billion Vietnamese dong for the entire insurance period without limitation on the number of incidents.

Article 56. Scope of Insurance and Exclusions from Insurance Liability

1. Scope of Insurance

The insurance company compensates the construction contractor for amounts that the construction contractor is responsible for compensating third parties for direct damages to health, life, and property arising during the construction process and related legal costs (if any) within the scope of insurance liability as agreed upon in the insurance contract, except for the cases stipulated in Clause 2 of this Article.

2. Exclusions from Insurance Liability

The insurance company has no obligation to compensate for insurance in the following cases:

a) The exclusion of insurance liability as specified in points a, b, c, d, d, e, g, h, and i of Clause 2 of Article 34 of this Decree.

b) Losses arising from pollution or contamination. This exclusion does not apply to damages to health, life, and property arising from pollution or contamination caused by unforeseen and unpredictable risks.

c) Damage caused by vibrations or due to movement or weakening of load-bearing parts and geological conditions of the construction site or injury or damage to persons or property caused by any such loss (unless agreed upon by additional amendment clauses).

d) Damage resulting from accidents caused by motor vehicles or vessels, barges, or aircraft that have been insured for civil liability towards third parties.

d) Liability resulting from injuries or illnesses suffered by the employer's or contractor's employees related to the insured construction project.

c) Losses occurring to assets owned or legally managed and used by the employer or contractor or their employees or workers.

g) Losses related to asbestos or any material containing asbestos.

Article 57. Insurance Period

The compulsory civil liability insurance period towards third parties is a specific time frame, starting from the beginning date to the end date of the construction period based on the construction contract and recorded in the insurance contract.

Article 58. Insurance Premium Rates and Deductibles

1. The insurance premium rates and deductibles for mandatory civil liability insurance towards third parties shall be specifically defined as follows:

a) The insurance premium rate is calculated at 5% of the mandatory insurance premium rate for construction works as stipulated in points a and b, Clause 1, Article 37 of this Decree. The deductible for property damage and related legal costs (if any) is equal to 5% of the liability limit for property damage and related legal costs (if any), or VND 20 million, whichever is higher. Based on the level of risk of the insured object, the insurer may adjust the insurance premium rate up or down by a maximum of 25% based on the premium rate.

In the case where, in the preceding fiscal year, the insured was directly responsible for insurance compensation amounts exceeding the original premium income from mandatory civil liability insurance towards third parties, based on data confirmed by the actuary of the insurer and confirmed by an independent auditing organization, when renewing the insurance contract, the insurer and the insured party may negotiate insurance premium rates and deductibles that ensure the insurer's ability to pay.

b) For construction works not covered under points a and b, Clause 1, Article 37 of this Decree: The insurer and the insured party may agree on rules, terms, insurance premium rates, and deductibles based on evidence proving that the leading reinsurer foreign insurance company accepts reinsurance according to the rules, terms, insurance premium rates, and deductibles provided by the insurer to the insured party. The leading foreign insurance company accepting reinsurance and the foreign insurance companies accepting reinsurance from 10% of the total liability of each reinsurance contract must comply with the provisions of Clause 9, Article 4 of this Decree.

2. In the event that the construction period exceeds the time specified in the investment decision document issued by the competent authority when concluding the insurance contract, the insured party and the insurer may agree on additional insurance premiums applicable to the extended period. Additional insurance premiums (if any) are calculated based on the insurance premium rate stipulated in Clause 1 of this Article, the ratio of the extended construction period over the total construction period as specified in the investment decision document issued by the competent authority when concluding the insurance contract, and other risk factors.

Article 59. Principles of Insurance Compensation

The insurance enterprise shall examine and handle insurance compensation in accordance with the laws on insurance business operations and the following principles:

1. When a third party suffers health, life, or property damage directly during the construction process within the scope of insurance liability, the insurer shall be responsible for compensating the insured party according to the following compensation levels:

a) Specific compensation levels for health and life are determined according to each type of injury as per the Table of Compensation for Health and Life Damage as prescribed in Appendix VI attached to this Decree or as agreed (if any) between the insured person and the injured party or the heir of the injured party (in the case where the injured party has died) or the representative of the injured party (in the case where the injured party lacks civil capacity according to the court's decision or is a minor according to the Civil Code). However, such compensation shall not exceed the compensation level prescribed in Appendix VI attached to this Decree. If there is a court decision, it shall be based on the court's decision but shall not exceed the compensation level prescribed in Appendix VI attached to this Decree.

b) Specific compensation levels for property damage in a single loss are determined based on actual damage and degree of fault but shall not exceed the liability limit agreed upon in the insurance contract.

c) Related legal costs (if any),

The total amount of insurance compensation by the insurer as stipulated in this clause shall not exceed the liability limit prescribed in Article 55 of this Decree.

2. When a third party makes a compensation claim, the insured party shall cooperate with the insurer to resolve the insurance compensation as follows:

a) Immediately notify the insurance company through communication means, and within 14 days from receiving the third-party claim, provide written notification to the insurance company.

b) Take all measures within their capacity to minimize losses.

c) Implement, coordinate, and allow the insurance company to take necessary actions or measures at its request to protect the interests it enjoys after compensating for damages within the scope of insurance liability under this Decree.

3. When a third party makes a compensation claim, the insurer shall handle the insurance compensation as follows:

a) Inspect the loss in accordance with the law and prepare a report on the cause and extent of the damage as stipulated in Clause 6, Article 60 of this Decree.

b) Guide the policyholder, coordinate with the policyholder and relevant agencies, organizations, and individuals to collect complete documentation to establish a compensation file.

c) Coordinate with the policyholder to resolve third-party damage claims within the scope of insurance liability when an insurance event occurs.

Article 60. Insurance Claim File

The compulsory civil liability insurance claim file for third parties shall include the following documents:

1. A claim request letter from the insured party.

2. Documents related to the insured object, including: Insurance Contract, Insurance Certificate.

3. A written claim for compensation from a third party to the insured person.

4. Documents proving damage to health or life of third parties (certified copies from original documents or certified by medical examination and treatment facilities, or copies confirmed by the insurance company after comparing with the original) provided by the policyholder or insured person. Depending on the extent of personal injury, it may include one or more of the following documents:

a) Injury certification.

b) Discharge papers.

c) Surgical certificate.

d) Medical record.

d) Death registration extract or death certificate or confirmation document from the police agency or forensic medical examination results.

5. Documents proving property damage, including:

a) Construction project accident files in cases where construction project accidents occur (certified copies from original documents or copies confirmed by the party preparing the file) as stipulated in Article 47 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on construction quality management, construction works, and maintenance of construction projects, or evidence proving the loss of construction projects.

b) Invoices and valid supporting documents in cases of repair or replacement of property.

6. Inspection reports on the cause and extent of damage prepared by the insurance company or by a person authorized by the insurance company.

7. Court decision (if any),

8. Other related documents (if any).

The policyholder and insured person are responsible for collecting and submitting to the insurance company the documents specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 7, and Clause 8 of this Article. The insurance company is responsible for collecting the documents specified in Clause 6 of this Article.

Chapter V. IMPLEMENTATION

Article 61. Responsibilities of the Ministry of Finance

1. Organizing propaganda to implement compulsory insurance according to its state management functions and tasks.

2. Inspecting and supervising the management, use, payment, and settlement of the Motor Vehicle Insurance Fund.

3. Leading inspections, checks, and supervision of insurance companies in implementing compulsory insurance.

4. Handling violations of laws on compulsory insurance by insurance companies.

5. The Ministry of Finance issues Decisions to establish and appoint members of the National Agency of Vietnam to implement Protocol No. 5 on the Compulsory Motor Vehicle Insurance Program of ASEAN.

Article 62. Responsibilities of the Ministry of Public Security

1. Cooperating with the Ministry of Finance to publicize and disseminate laws on compulsory civil liability insurance for motor vehicle owners and compulsory fire and explosion insurance.

2. Inspecting and handling violations of laws on compulsory civil liability insurance for motor vehicle owners and compulsory fire and explosion insurance at facilities with fire and explosion hazards.

3. Announcing the list of facilities with fire and explosion hazards (excluding those related to national defense, security, and state secrets) no later than December 31 each year on the Ministry of Public Security's electronic information portal.

4. Recording the fire and explosion hazard category for industrial facilities with categories A, B, C, D, and E in the Inspection Report on Fire Prevention and Control Acceptance Results or the Inspection Report on Fire Safety Compliance based on the fire and explosion hazard category determined by the relevant agencies, organizations, and individuals having facilities with fire and explosion hazards.

5. Directing traffic police and criminal investigation forces to provide copies of relevant documents related to traffic accidents as stipulated in Clause 5, Article 13 of this Decree within five working days from the date of investigation results.

6. Implementing the sharing and provision of information managed by the police sector into the database on compulsory civil liability insurance for motor vehicle owners to serve the management of compulsory civil liability insurance for motor vehicle owners in accordance with laws on the management of interconnection and data sharing of state agencies.

7. Deciding on exceptional commendation cases and commendation levels as specified in Point d, Clause 2, Article 31 of this Decree.

Article 63. Responsibilities of the Ministry of Construction

1. Coordinate with the Ministry of Finance and relevant ministries and sectors to guide and promote the implementation of mandatory insurance in investment construction activities.

2. Take the lead and coordinate with competent agencies to inspect, audit, handle complaints and accusations, and handle administrative violations by the insured party who violate mandatory insurance in investment construction activities in accordance with the provisions of the law.

Article 64. Responsibilities of the Ministry of Transport

1. Coordinate with the Ministry of Finance, the Ministry of Public Security, and relevant ministries and sectors to guide and promote the implementation of mandatory civil liability insurance for owners of motor vehicles.

2. Coordinate with the Ministry of Finance to supervise insurance companies in the implementation of mandatory civil liability insurance for owners of motor vehicles.

Article 65. Responsibilities of the Ministry of Health

Guide and instruct central and local health facilities to provide copies of medical records, injury certificates, death notices, or other related documents concerning emergency treatment and care for traffic accident victims to facilitate insurance companies in promptly completing compensation claim files and ensuring the rights of policyholders.

Article 66. Responsibilities of the Ministry of Information and Communications

Direct central and local information agencies and media to regularly promote and disseminate information about mandatory insurance.

Article 67. Responsibilities of ministries, ministerial-level agencies, and government agencies

1. Coordinate with the Ministry of Finance and relevant ministries and sectors to guide and promote the implementation of mandatory insurance.

2. Within their respective functions and powers, they are responsible for coordinating inspections, guidance, and implementation of mandatory insurance in accordance with this Decree.

3. Coordinate with the Ministry of Information and Communications to organize promotion on the implementation of mandatory insurance according to their management functions and tasks.

4. Vietnam Television and Voice of Vietnam allocate broadcasting time to regularly promote and disseminate information about mandatory insurance.

5. Performing other tasks within their authority as prescribed by law.

Article 68. Responsibilities of People's Committees of provinces and centrally governed cities

1. Direct functional agencies and levels of authority to organize the implementation of mandatory insurance.

2. Direct local news agencies and media to regularly promote and disseminate information about mandatory insurance.

3. Coordinate with the Ministry of Public Security in directing traffic police forces and other related forces within their jurisdiction to organize inspections and handle owners of motor vehicles who fail to participate in mandatory civil liability insurance.

4. Perform other tasks within their authority as prescribed by law.

Article 69. Responsibilities of the Border Guard Command

1. Coordinate with the Ministry of Finance and relevant agencies in organizing the implementation of ASEAN Motor Vehicle Mandatory Insurance Program under Decree No. 5.

2. Direct border guard units at land border gates to implement inspection and control work regarding compliance with mandatory civil liability insurance for owners of motor vehicles in transit.

Article 70. Responsibilities of the National Traffic Safety Committee

1. Coordinate with the Ministry of Finance, the Ministry of Public Security, and relevant ministries and sectors to guide and promote the implementation of mandatory civil liability insurance for owners of motor vehicles.

2. Coordinate with the Motor Vehicle Insurance Fund in organizing activities related to promotion and education; prevention and limitation of losses; humanitarian support payments as stipulated in this Decree.

Article 71. Responsibilities of the National Agency of Vietnam Implementing ASEAN Motor Vehicle Compulsory Insurance Program Protocol Number 5

Clause 1. The National Agency of Vietnam implementing ASEAN Motor Vehicle Compulsory Insurance Program Protocol Number 5 shall be the permanent agency assisting relevant ministries and sectors in the implementation of Protocol Number 5 on the ASEAN Motor Vehicle Compulsory Insurance Program.

Clause 2. Study and propose to the Ministry of Finance for competent authorities to perfect regulations on compulsory civil liability insurance for motor vehicle owners, creating favorable conditions for the implementation of the ASEAN Motor Vehicle Compulsory Insurance Program.

Article 72. Responsibilities of the Vietnam Automobile Transport Association

1. Coordinate with the Ministry of Finance, the Ministry of Public Security, and relevant ministries and sectors to guide and promote the implementation of mandatory civil liability insurance for owners of motor vehicles.

Clause 2. Direct and guide provincial and regional basic associations to coordinate with People's Committees of provinces and centrally governed cities in guiding and promoting the implementation of compulsory civil liability insurance for motor vehicle owners.

Article 73. Responsibilities of the Vietnam Insurance Association

Clause 1. Report to the Ministry of Finance on the contribution ratio to the Motor Vehicle Insurance Fund as stipulated in Clause 2, Article 16 of this Decree.

Clause 2. Organize the promotion of the implementation of compulsory insurance.

Clause 3. Publicize information on compulsory civil liability insurance for motor vehicle owners.

Article 74. Responsibilities of agencies, organizations, and individuals having premises with fire and explosion hazards

Determine the fire and explosion hazard category A, B, C, D, E of industrial production premises with fire and explosion hazards according to the laws on fire prevention and fighting.

Article 75. Responsibilities of insurance enterprises

Clause 1. Not to offer discounts or rebates in any form for compulsory civil liability insurance for motor vehicle owners.

Clause 2. Prepare and submit the following reports:

Point a. Operational report: Insurance enterprises must prepare and submit to the Ministry of Finance as follows:

Report on the implementation of compulsory civil liability insurance for motor vehicle owners (Model 1 of Appendix X); Report on revenue and compensation for compulsory fire and explosion insurance (Model 2 of Appendix X); Report on revenue and compensation for compulsory construction project insurance during investment and construction activities (Model 3 of Appendix X).

Data closing period: From January 1 to December 31 of the reporting year.

Deadline for submitting the report: No later than March 31 of the next fiscal year.

Method of submission: Submit directly or through postal service or via email or through the Ministry of Finance's reporting system (when the Ministry of Finance's reporting system is operational).

Point b. Report on the collection and payment from compulsory fire and explosion insurance (Model 4 of Appendix X): Insurance enterprises must prepare and submit to the Ministry of Public Security as follows:

Data closing period: Mid-year report (from January 1 to June 30 of the reporting year); annual report (from January 1 to December 31 of the reporting year).

Deadline for submitting the report: Mid-year report (no later than July 31 each year); annual report (no later than January 31 of the next fiscal year).

Method of submission: Submit directly or through postal service to the Ministry of Public Security.

Clause 3. Establish and maintain a 24/7 hotline to promptly receive accident and loss information, provide guidance and answers to policyholders, insured parties, and related parties regarding issues related to compulsory insurance. Record calls to the hotline to ensure the rights of policyholders and insured parties.

Clause 4. Integrate the function of searching for Certificates of Compulsory Civil Liability Insurance for Motor Vehicle Owners on the enterprise's electronic information website, allowing competent inspection, supervision agencies, policyholders, and insured parties to verify the validity and effectiveness of the Certificate of Insurance.

Clause 5. Clearly explain insurance conditions, premium rates, minimum insurance amounts, ensuring that policyholders and insured parties can distinguish between compulsory insurance types and voluntary insurance types.

Clause 6. Strengthen the application of information technology in handling compulsory civil liability insurance claims for motorcycles and motorbikes.

Clause 7. Coordinate with policyholders and related parties to collect one set of insurance claim documents and bear legal responsibility for the accuracy, completeness, and legality of the insurance claim documents. Proactively collect documents specified in the insurance claim documents under the responsibility of the insurance enterprise as stipulated in this Decree.

Clause 8. Advance and accurately pay insurance compensation according to the provisions of this Decree.

Clause 9. Pay the public security organs the costs of copying accident vehicle files and records provided according to the law and have the responsibility to keep confidentiality during the investigation process.

Clause 10. Notify policyholders and insured parties about the expiration of the insurance contract within 15 days before the end of the insurance period.

Clause 11. Contribute to the Motor Vehicle Insurance Fund as stipulated in Article 16 of this Decree; pay 1% of the actual total premiums collected from original insurance contracts in the previous fiscal year for fire prevention and firefighting activities as stipulated in Article 30 of this Decree.

Clause 12. Account separately for insurance premium income, insurance agent commissions, insurance compensation, and related expenses for compulsory insurance.

Clause 13. Provide and update information on compulsory civil liability insurance for motor vehicle owners to the Motor Vehicle Insurance Fund Management Council's database as required.

Clause 14. Other obligations as prescribed by law.

Chapter VI. IMPLEMENTING PROVISIONS

Article 76. Transitional Provisions

1. Compulsory insurance contracts concluded before this Decree takes effect and which still have time to perform the contract shall continue to be performed in accordance with the Law on Insurance Business dated June 16, 2022 (for insurance contracts concluded from January 1, 2023); Government Decree No. 03/2021/NĐ-CP dated January 15, 2021 on compulsory civil liability insurance for motor vehicles; Government Decree No. 23/2018/NĐ-CP dated February 23, 2018 on compulsory fire and explosion insurance; Government Decree No. 97/2021/NĐ-CP dated November 8, 2021 amending and supplementing certain articles of Government Decree No. 23/2018/NĐ-CP dated February 23, 2018 on compulsory fire and explosion insurance; Government Decree No. 119/2015/NĐ-CP dated November 13, 2015 on compulsory insurance in investment and construction activities; Government Decree No. 20/2022/NĐ-CP dated March 10, 2022 amending and supplementing certain articles of Government Decree No. 119/2015/NĐ-CP dated November 13, 2015 on compulsory insurance in investment and construction activities, except where the parties to the insurance contract agree to amend or supplement the contract to comply with this Decree and to apply the provisions of this Decree.

2. The management and use mechanism of the Motor Vehicle Insurance Fund; the rate of collection, management and use of revenue from compulsory fire and explosion insurance for firefighting activities shall be implemented according to this Decree from the fiscal year 2023. For the fiscal year 2023, the Management Board of the Motor Vehicle Insurance Fund decides the contribution ratio to the Motor Vehicle Insurance Fund, insurance companies contribute to the Motor Vehicle Insurance Fund, and submit funds for firefighting activities from compulsory fire and explosion insurance completed before December 31, 2023.

3. In cases where contractors have been selected in accordance with the law on bidding but have not yet signed insurance contracts, the parties shall continue to implement in accordance with the tender documents and request documents that have been issued.

Article 77. Effective Date

1. This Decree takes effect from the date of issuance.

2. The following Decrees shall cease to be effective from the date this Decree takes effect:

a) Government Decree No. 03/2021/NĐ-CP dated January 15, 2021 on compulsory civil liability insurance for motor vehicles.

b) Government Decree No. 23/2018/NĐ-CP dated February 23, 2018 on compulsory fire and explosion insurance; Government Decree No. 97/2021/NĐ-CP dated November 8, 2021 amending and supplementing certain articles of Government Decree No. 23/2018/NĐ-CP dated February 23, 2018 on compulsory fire and explosion insurance.

c) Government Decree No. 119/2015/NĐ-CP dated November 13, 2015 on compulsory insurance in investment and construction activities; Government Decree No. 20/2022/NĐ-CP dated March 10, 2022 amending and supplementing certain articles of Government Decree No. 119/2015/NĐ-CP dated November 13, 2015 on compulsory insurance in investment and construction activities.

3. Trường hợp các văn bản quy phạm pháp luật được dẫn chiếu để áp dụng tại Nghị định này được sửa đổi, bổ sung, thay thế thì sẽ áp dụng theo các văn bản sửa đổi, bổ sung, thay thế đó.

Điều 78. Trách nhiệm thi hành

Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân các tỉnh, thành phố trực thuộc trung ương và các đối tượng áp dụng của Nghị định chịu trách nhiệm thi hành Nghị định này./.