| THE MINISTRY OF FINANCE - | SOCIALIST REPUBLIC OF VIET NAM |
| No. 35/2009/TTLT-BTC-BCA | Hanoi, February 25, 2009 |
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 30th every July and the 31st 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:
