What is the responsibility for collecting documents for claim for compulsory professional liability insurance for construction investment consultancy in Vietnam?
- What is the application for claim for compulsory professional liability insurance for construction investment consultancy in Vietnam?
- What is the responsibility for collecting documents for claim for compulsory professional liability insurance for construction investment consultancy in Vietnam?
- What is the insurance coverage for compulsory professional liability insurance for construction investment consultancy in Vietnam?
What is the application for claim for compulsory professional liability insurance for construction investment consultancy in Vietnam?
Pursuant to Article 47 of Decree 67/2023/ND-CP stipulating the application for claim for compulsory professional liability insurance for construction investment consultancy includes the following documents:
- A claim form completed by the policyholder.
- Documents related to the insured including: an insurance contract and a certificate of insurance (COI).
- A claim form prepared by the third party to the insured.
- Documentary evidences of damage to life (copies of healthcare facilities or certified copies of the insurer after being compared with the originals) provided by the policyholder. Depending on the extent of damage to life, one or some documents below may be included:
+ Written proof of injury.
+ Hospital discharge paper.
+ Surgery certificate.
+ Medical record.
+ Extract of the application form for death certificate or death declaration or written confirmation of a police authority or examination results of the forensic science agency.
+ Reasonable and valid invoices and instruments regarding medical expenses.
- Documents proving damage to property, including:
+ An construction incident dossier in case a construction incident occurs (certified true copy from original or copy with confirmation of the dossier maker) according to regulations in Article 47 of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government elaborating certain contents of quality control, construction and maintenance of construction works or evidences proving the loss of the construction work.
+ Valid invoices and instruments or evidences showing repair and/or replacement of the damaged property.
+ Documents, invoices and instruments concerning additional expenses that the policyholder has spent to minimize losses or to follow instructions of the insurer.
- A report of assessment of the cause and extent of damage made by the insurer or a person authorized by the insurer.
- Other relevant documents (if any).
What is the responsibility for collecting documents for claim for compulsory professional liability insurance for construction investment consultancy in Vietnam?
What is the responsibility for collecting documents for claim for compulsory professional liability insurance for construction investment consultancy in Vietnam?
Pursuant to the provisions of Article 47 of Decree 67/2023/ND-CP stipulates as follows:
Applications for insurance claims
....
The policyholder shall collect and submit the documents prescribed in Clauses 1, 2, 3, 4, 5 and 7 of this Article to the insurer. The insurer shall collect the documents prescribed in Clauses 6 of this Article.
According to the above regulations, the policyholder shall collect and submit the documents to the insurer. is as follows:
- A claim form completed by the policyholder.
- Documents related to the insured including: an insurance contract and a certificate of insurance (COI).
- A claim form prepared by the third party to the insured.
- Documentary evidences of damage to life (copies of healthcare facilities or certified copies of the insurer after being compared with the originals) provided by the policyholder. Depending on the extent of damage to life, one or some documents below may be included:
+ Written proof of injury.
+ Hospital discharge paper.
+ Surgery certificate.
+ Medical record.
+ Extract of the application form for death certificate or death declaration or written confirmation of a police authority or examination results of the forensic science agency.
+ Reasonable and valid invoices and instruments regarding medical expenses.
- Documents proving damage to property, including:
+ An construction incident dossier in case a construction incident occurs
+ Valid invoices and instruments or evidences showing repair and/or replacement of the damaged property.
+ Documents, invoices and instruments concerning additional expenses that the policyholder has spent to minimize losses or to follow instructions of the insurer.
+ Other relevant documents (if any).
Insurance companies are responsible for collecting documents:
- A report of assessment of the cause and extent of damage made by the insurer or a person authorized by the insurer.
What is the insurance coverage for compulsory professional liability insurance for construction investment consultancy in Vietnam?
Pursuant to the provisions of Article 43 of Decree 67/2023/ND-CP stipulates as follows:
Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall pay consultancies the indemnities payable by the latter to the third parties for the losses caused by the provision of construction investment consultancy services and relevant expenses according to regulations of law, except for the cases prescribed in Clause 2 of this Article.
2. Insurance exclusions
Insurers are not liable for paying indemnities in the following cases:
a) Insurance exclusions prescribed in Points a, b, c, d, dd, e, g, h and i clause 2 Article 34 hereof.
b) Losses incurred by intentional selection of construction methods, calculation, measurement, design and use of untested materials by consultancies.
c) Expenses for redesign or revision of drawings, plans, guiding documents or list of technical instructions.
d) Losses incurred by molds.
dd) Losses incurred by provision of construction surveying consultancy services, construction design consultancy services leading to pollution and contamination of the environment and third parties.
e) Losses related to asbestos or any materials containing asbestos.
g) Losses incurred by violations against intellectual property rights.
h) Losses incurred by intentional incompliance with regulations on application of technical standards and regulations of law on construction, and use of building materials harmful to public health and the environment by consultancies.
Accordingly, the insurance coverage for construction investment consulting is as follows:
Insurers shall pay consultancies the indemnities payable by the latter to the third parties for the losses caused by the provision of construction investment consultancy services and relevant expenses according to regulations of law, except for the cases prescribed above.
LawNet
