What are the 08 cases where insurers of compulsory civil liability insurance do not provide indemnities in Vietnam according to Decree 67/2023/ND-CP?
- What are the 08 cases where insurers of compulsory civil liability insurance do not provide indemnities in Vietnam according to Decree 67/2023/ND-CP?
- When will the insurers provide indemnities for compulsory civil liability insurance in Vietnam?
- What is the maximum coverage for damage to health and life caused by motor vehicles in Vietnam according to Decree 67/2023/ND-CP?
What are the 08 cases where insurers of compulsory civil liability insurance do not provide indemnities in Vietnam according to Decree 67/2023/ND-CP?
Pursuant to the provisions of Clause 2, Article 7 of Decree 67/2023/ND-CP stipulating cases where insurers do not provide indemnities in Vietnam according to Decree 67/2023/ND-CP, including :
(1) Damage done intentionally by motor vehicle owners, motor vehicle operators or victims of the accidents.
(2) Vehicle operators intentionally fleeing the scene after committing accidents without exercising civil liabilities of motor vehicle owners. Vehicle operators intentionally fleeing the scene after committing accidents and exercising civil liabilities of motor vehicle owners shall not be insurance exclusions.
(3) Operators who fail to satisfy requirements of age range to operate motor vehicles as per regulations in the Law on Road Traffic; operators who do not carry legitimate, proper driving licenses according to regulations of laws on training, testing and granting driving licences, or carry damaged driving licences or use expired driver's licences at the points of time when accidents occur or carry inappropriate driving licenses when operating motor vehicles which require specific driving license. In case driving licenses of operators are revoked or suspended, the operators are considered not carrying driving licenses.
(4) Damage that causes indirect consequences including: reduced commercial value, damage related to use and utilization of damaged property.
(5) Damage to property caused by operators whose blood/breath alcohol concentrations (BACs) exceed the maximum permitted BAC under guidance of the Ministry of Health; or use narcotics or other prohibited stimulants as per the law.
(6) Damage to property due to thievery or robbery as a result of an accident.
(7) Damage to special property including: gold, silver, precious stones, financial instruments namely money, antiques, precious fine arts, and cadavers.
(8) War, acts of terrorism, earthquake.
What are the 08 cases where insurers of compulsory civil liability insurance do not provide indemnities in Vietnam according to Decree 67/2023/ND-CP?
When will the insurers provide indemnities for compulsory civil liability insurance in Vietnam?
Pursuant to the provisions of Clause 1, Article 7, Decree 67/2023/ND-CP, the insurers shall provide indemnities for the following damage:
- Non-contract damage to health, life and property done to a third party by motor vehicles participating and operating in traffic.
- Damage to health and life of passengers on the motor vehicles caused by motor vehicles participating in traffic and operating.
What is the maximum coverage for damage to health and life caused by motor vehicles in Vietnam according to Decree 67/2023/ND-CP?
Pursuant to the provisions of Article 6 of Decree 67/2023/ND-CP stipulates as follows:
Maximum coverage
1. The maximum coverage for damage to health and life caused by motor vehicles is VND 150 million/individual/accident.
2. Maximum coverage for damage to property:
a) If the damage caused by motorcycles; motorized tricycles; mopeds (including electric mopeds) and similar vehicles according to Law on Road Traffic, the maximum coverage shall be VND 50 million/accident.
b) If the damage caused by automobiles; tractors; trailers and semi trailers towed by automobiles and tractors according to Law on Road Traffic, the maximum coverage shall be VND 100 million/accident.
Compared to the provisions in Article 8 of Decree 03/2021/ND-CP, it is stipulated as follows:
Insurance liability
1. Insurance liability refers to the maximum payment potentially made by insurance enterprises for damage to health, lives and assets of third party and passengers done by motor vehicles in accidents within scope of compensation.
2. Based on practical costs for medical examination, treatment and care services and asset damages, Ministry of Finance shall prescribe liabilities of compulsory civil liability insurance of motor vehicle users.
Previously, Decree 03/2021/ND-CP did not specifically stipulate the coverage for damage to health and life caused by motor vehicles, however, in Article 4 of Circular 04/2021/TT-BTC, there were instructions on liability limits of insurance responsibility of Article 8 of Decree 03/2021/ND-CP.
Decree 67/2023/ND-CP clearly stipulates the maximum coverage for damage to health and life caused by motor vehicles as follows:
- The maximum coverage for damage to health and life caused by motor vehicles is VND 150 million/individual/accident.
- Maximum coverage for damage to property:
+ If the damage caused by motorcycles; motorized tricycles; mopeds (including electric mopeds) and similar vehicles according to Law on Road Traffic, the maximum coverage shall be VND 50 million/accident.
+ If the damage caused by automobiles; tractors; trailers and semi trailers towed by automobiles and tractors according to Law on Road Traffic, the maximum coverage shall be VND 100 million/accident.
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