What are the cases of insurance exclusions for compulsory fire and explosion insurance in Vietnam?
What are the cases of insurance exclusions for compulsory fire and explosion insurance in Vietnam?
Pursuant to Clause 2, Article 25 of Decree 67/2023/ND-CP stipulating the insurance coverage and insurance exclusions:
Insurance coverage and insurance exclusions
1. Insurance coverage:
Insurers shall indemnities for damage to the insured prescribed in Clause 1 Article 23 hereof caused by fire or explosion, except for the cases prescribed in Clause 2 and Clause 3 of this Article.
2. Insurance exclusions for facilities facing fire and explosion hazards in accordance with regulations of law on fire prevention and fighting (excluding nuclear facilities): Insurers shall not provide indemnities in the following cases:
a) Earthquakes, volcanic eruptions or other convulsions of nature.
b) Damage caused by political convulsions, social safety, security and order events.
c) Property that is burned and exploded according to decisions of competent regulatory agencies.
d) Self-fermenting and self-heating products; property subjected to a heat treatment.
dd) Damage caused by direct hit of lightning strike without causing fire or explosion.
e) Fire and explosion caused by weapons-grade nuclear materials.
g) Damage to electrical machinery and equipment or components of electrical equipment caused by direct impact of over-running, excessive pressure, short circuiting, self heating, arcing or leakage of electricity arising from whatever cause, lightning included.
h) Damage caused by arson attack of the insured or by deliberate violation against fire safety regulations causing fire or explosion.
i) Damage to data, software and computer programs.
k) Damage caused by acts of burning forests, bushes, prairies or clearing lands by fire.
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Thus, insurers shall not provide indemnities in the following cases:
- Earthquakes, volcanic eruptions or other convulsions of nature.
- Damage caused by political convulsions, social safety, security and order events.
- Property that is burned and exploded according to decisions of competent regulatory agencies.
- Self-fermenting and self-heating products; property subjected to a heat treatment.
- Damage caused by direct hit of lightning strike without causing fire or explosion.
- Fire and explosion caused by weapons-grade nuclear materials.
- Damage to electrical machinery and equipment or components of electrical equipment caused by direct impact of over-running, excessive pressure, short circuiting, self heating, arcing or leakage of electricity arising from whatever cause, lightning included.
- Damage caused by arson attack of the insured or by deliberate violation against fire safety regulations causing fire or explosion.
- Damage to data, software and computer programs.
- Damage caused by acts of burning forests, bushes, prairies or clearing lands by fire.
What are the cases of insurance exclusions for compulsory fire and explosion insurance in Vietnam?
Who is subject to compulsory fire and explosion insurance in Vietnam?
Pursuant to Article 23 of Decree 67/2023/ND-CP regulating insurance subjects:
Insured entities
1. The insured of compulsory fire and explosion insurance is the entire property of facilities facing fire and explosion hazards, including:
a) Houses, construction works and property attached thereto; machinery and equipment.
b) Goods and supplies (including raw materials, semifinished products and finished products).
2. The insured and locations of the insured must be specified in insurance policies and insurance certificates.
According to the above regulations, the insured of compulsory fire and explosion insurance is the entire property of facilities facing fire and explosion hazards, including:
- Houses, construction works and property attached thereto;
- Machinery and equipment.
- Goods and supplies (including raw materials, semifinished products and finished products).
What is the application for claim for compulsory fire and explosion insurance in Vietnam?
Pursuant to Article 29 of Decree 67/2023/ND-CP regulating an application for claim for compulsory fire and explosion insurance includes the following documents:
(1) A claim form.
(2) Documents relating to the insured including: an insurance policy and a certificate of insurance (COI).
(3) A copy of a record on fire safety inspection issued a competent public security authority at the time nearest to the time an insured event occurs.
(4) An assessment record of insurer or person authorized by insurer.
(5) A copy of a competent authority’s conclusion or notice of the cause of the fire or explosion or proofs of the cause of the fire or explosion.
(6) List of damage and documentary evidences for damage.
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