Joint Circular No. 35/2009/TTLT-BTC-BCA dated February 25, 2009 of the Ministry of Finance and the Ministry of Public Security guiding a number of articles of the Government’s Decree No. 103/2008/ND-CP

JOINT CIRCULAR

GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 103/2008/ND-CP OF SEPTEMBER 16, 2008, ON COMPULSORY INSURANCE FOR CIVIL LIABILITY OF MOTOR VEHICLE OWNERS

Pursuant to the Government’s Decree No. 103/ 2008/ND-CP of September 16, 2008, on compulsory- insurance for civil liability of motor vehicle owners;

The Ministry of Finance and the Ministry of Public Security jointly guide a number of articles of the Government’s Decree No. 103/2008/ND-CP of September 16, 2008, on compulsory insurance for civil liability of motor vehicle owners, as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular specifically guides responsibilities of agencies and units under the Ministry of Public Security and the Ministry of Finance in examining and supervising insurers in implementing compulsory insurance for civil liability of motor vehicle owners and owners of road motor vehicles (below referred to as motor vehicle owners) in registering vehicles; detecting and handling those failing to possess or bring along certificates of compulsory insurance for civil liability of motor vehicle owners; and supplying traffic accident-related information and documents.

2. Subjects of application

This Circular applies to Traffic Police, Investigative Police and other concerned police forces involved in the implementation of the law on compulsory insurance for civil liability of motor vehicle owners; agencies and units under the Ministry of Finance; non-life insurers licensed for compulsory insurance for civil liability of motor vehicle owners; and the Vietnam Insurance Association.

II. SPKCIFIC PROVISIONS

1. Responsibilities of police units and local police

1.1. To coordinate with functional agencies of the Ministry of Finance in propagating and disseminating the law on compulsory insurance for civil liability of motor vehicle owners.

1.2. The Road-Railroad Traffic Police Department; Traffic Police Sections of Police Departments of provinces and centrally run cities: Police of districts, towns and provincial cities shall request motor vehicle owners to present valid certificates of compulsory insurance for civil liability of motor vehicle owners when carrying out procedures for granting registration certificates of road motor vehicles (below referred to as motor vehicles).

1.3. When detecting motor vehicle drivers or owners failing to possess or bring along valid certificates of compulsory insurance for civil liability of motor vehicle owners, Traffic Police or other concerned police forces on patrol shall make records thereof and promptly fine these motor vehicle drivers or owners under the 2002 Ordinance on Handling of Administrative Violations, which was amended and supplemented under the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations, and the Governments Decree No. 103/2008/ND-CP of September 16, 2008, on compulsory insurance for civil liability of motor vehicle owners, specifically as follows:

a/ VND 100,000 for drivers of motorcycles, mopeds, three-wheeled motor vehicles or similar motor vehicles who fail to possess or bring along valid certificates of compulsory insurance for civil liability of motor vehicle owners.

b/ VND 500,000 for drivers of automobiles, tractors or similar motor vehicles who fail to possess or bring along valid certificates of compulsory insurance for civil liability of motor vehicle owners.

1.4. Depending on each traffic accident and based on their assigned functions, tasks and powers, the Traffic Police and Investigative Police shall notify and supply insurers with one of the following documents related to the traffic-accident for payment of insurance indemnities:

- Record of the examination of the traffic accident scene;

- Plan of the accident scene, photos (if any);

- Record of the examination of the vehicle related to the accident;

- Report on results of initial investigation of the accident;

- Other documents related to the accident (if any).

1.5. After handling violators and investigating a traffic accident, the Traffic Police and Investigative Police shall provide the record of settlement of that accident, which specifies the fault causing the accident, and other related documents (if any) for insurers to pay indemnities under the law on compulsory insurance for civil liability of motor vehicle owners.

1.6. For a traffic accident which involves no signs of crime for which the motor vehicle driver is not at fault, after being examined, the vehicle shall be immediately relumed to the driver or owner.

1.7. Traffic Police and other police forces shall coordinate with concerned units of the Ministry of Finance in examining, supervising and stopping organizations and individuals that commit acts of self-seeking or frauds related to insurance.

1.8. By the 30^th every July and the 31^st every January. Police of districts, towns and provincial cities; and Traffic Police Sections of Police Departments of provinces and centrally run cities shall submit biannual and annual reports (on statistics of the previous year) to the Road-Railroad Traffic Police Department, which shall sum up and report in writing to the Ministry of Finance on the following statistics:

- Total number of automobiles, motorcycles and mopeds having obtained registration certificates;

- Total number of traffic accidents and toll (human, property);

- Total number of cases of violation and total fines on acts of failing to possess or bring along certificates of compulsory insurance for civil liability of motor vehicle owners.

2. Responsibilities of agencies and units under the Ministry of Finance

2.1. Responsibilities of the Insurance Management and Supervision Department

a/ To coordinate with the Road-Railroad Traffic Police Department and other concerned units of the Ministry of Public Security in propagating the law on compulsory insurance for civil liability of motor vehicle owners.

b/ To guide and direct insurers in thoroughly understanding and strictly implementing the law on compulsory insurance for civil liability of motor vehicle owners.

c/ To regularly examine and supervise insurers in implementing compulsory insurance for civil liability of motor vehicle owners; to assume the prime responsibility for, and coordinate with concerned units of the Ministry of Public Security in, examining, supervising and stopping organizations and individuals that commit acts ol self-seeking or frauds related to insurance.

d/ To supply information and report on the implementation of the regime on compulsory insurance for civil liability of motor vehicle owners to the Road-Railroad Traffic Police Department for coordination in implementation.

2.2. Responsibilities of insurers

a/ To coordinate with the Vietnam Insurance Association in propagating, disseminating and fully explaining contents, significance and purposes of compulsory insurance for civil liability of motor vehicle owners to help motor vehicle owners clearly understand their rights and obligations when participating in compulsory insurance for civil liability of motor vehicle owners.

b/ To develop distribution networks and systems of agents selling compulsory insurance for civil liability of motor vehicle owners. To elaborate the insurance sale process and pay insurance indemnities in a transparent and simple manner to facilitate customers’ purchase of insurance and receipt of indemnities.

c/ To pay Traffic Police. Investigative Police and other concerned police forces expenses for copying dossiers, records and other related documents and keep confidential those information and documents in the course of investigation.

d/ To contribute funds to the Motor Vehicle Insurance Fund to support coordination activities of Traffic Police. Investigative Police and other concerned police forces (applicable to insurers licensed for compulsory insurance for civil liability of motor vehicle owners).

3. Funds to support coordination activities of agencies and units under the Ministry of Public Security and the Ministry of Finance

3.1. The level of support for Traffic Police, Investigative Police and other concerned police forces will not exceed 20% of the actual amount annually contributed to the Motor Vehicle Insurance Fund by non-life insurers dealing in compulsory insurance for civil liability of motor vehicle owners.

3.2. The above funds shall be used to:

a/ Support commendation; procure equipment and devices in service of police forces’ patrol, examination, detection and administrative sanctioning of motor vehicle owners in implementing compulsory insurance for civil liability of motor vehicle owners; and investigate traffic accidents.

b/ Support the law propagation, guidance and dissemination: the elaboration of legal documents and the organization of review conferences on compulsory insurance for civil liability of motor vehicle owners and traffic safety.

3.3. By the 31^st every January, the Motor Vehicle Insurance Fund shall notify the Ministry of Public Security (the General Department of Police) of the Fund’s total amount planned for coordination activities of Traffic Police, Investigative Police and other concerned police forces and transfer this amount according to regulations.

3.4. The General Department of Police shall receive, manage, allocate and use the above funds in accordance with Points 3.1 and 3.2. Clause 3, Section II of this Circular; and simultaneously report to the Ministry of Finance (the Insurance Management and Supervision Department) on the use of funds allocated for the previous year by January 31.

III. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 45 days after its publication in “CONG BAO” and replaces November 7, 2007 Joint Circular No. 16/2007/TTLT-BCA-BTC of the Ministry of Public Security and the Ministry of Finance, guiding the coordinated implementation of compulsory insurance for civil liability of motor vehicle owners.

2. Traffic Police and other concerned police units and insurers shall coordinate in implementing compulsory insurance for civil liability of motor vehicle owners under this Circular and other relevant laws.

3. The Ministry of Finance and the Ministry of Public Security shall review and evaluate their coordinated implementation of this Circular and the law on compulsory insurance for civil liability of motor vehicle owners, commend organizations and individuals with outstanding achievements in implementing compulsory insurance for civil liability of motor vehicle owners and this Circular.

4. In the course of implementation, any arising problems should be promptly reported to the Insurance Management and Supervision Department (the Ministry of Finance) and the General Department of Police (the Ministry of Public Security) for timely guidance.