According to the Decree No. 03/2021/NĐ-CP , performing humanitarian purposes is one of the expenditure incurred by Motor Vehicle Insurance Fund with the rates of no lower than 25% of total annual contribution to motor vehicle fund and balance of motor vehicle fund in previous years (if any). The Ministry of Finance of Vietnam is responsible for guiding the process, procedures and documents for humanitarian assistance from the Motor Vehicle Insurance Fund.
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Based on this provision, on January 15, 2021, the Ministry of Finance of Vietnam issued the Circular No. 04/2021/TT-BTC, in which, procedures and application for humanitarian payments for victims of motor vehicle accidents caused on March 1, 2021 are as follows:
1. Application for humanitarian payment
Aggrieved parties are responsible for preparing application for humanitarian payment and are legally responsible for accuracy, adequacy and legitimacy of the application. Application for humanitarian payment consists of:
(1) In case vehicles causing accidents are not identified:
- Master register of application for humanitarian payment using form under Annex II attached to the Circular No. 04/2021/TT-BTC.
- Copies of excerpts of death certificates, death notices, written confirmation of police authorities or assessment results of forensic examining bodies in case victims deceased while mounting vehicles or decrease due to accidents.
- Health records in case of organ injury.
- Certified true copies of notice on resolving traffic accidents which specify that vehicles causing the accidents are not identified.
(2) In case vehicles do not participate in insurance:
- Master register of application for humanitarian payment using form under Annex II attached to the Circular No. 04/2021/TT-BTC.
- Copies of excerpts of death certificates, death notices, written confirmation of police authorities or assessment results of forensic examining bodies in case victims deceased while mounting vehicles or decrease due to accidents.
- Health records in case of organ injury.
- Certified true copies of notice on resolving traffic accidents.
(3) In case insurance liability is excluded:
- Master register of application for humanitarian payment using form under Annex II attached to the Circular No. 04/2021/TT-BTC.
- Copies of excerpts of death certificates, death notices, written confirmation of police authorities or assessment results of forensic examining bodies in case victims deceased while mounting vehicles or decrease due to accidents.
- Health records in case of organ injury.
- Master register of documents rejecting compensation issued by insurance enterprises.
- Certified true copies of notice on resolving traffic accidents.
2. Procedures for humanitarian payments
Pursuant to Point a Clause 1 Article 9 of the Circular No. 04/2021/TT-BTC of the Finance Ministry of Vietnam, specifically as following:
- Victims or heirs thereof (in case the victims decease) or representatives thereof (in case the victims lose legal capacity according to court’s decisions or are under 16 years of age) (hereinafter referred to as “aggrieved parties”) shall contact motor vehicle fund to receive instruction on preparing application for humanitarian payment.
- Within 1 working day from the date on which request of aggrieved parties, motor vehicle fund is responsible for providing guidelines on preparing application for humanitarian payment specified under Point b Clause 1 Article 9 of the Circular No. 04/2021/TT-BTC.
- Within 2 working days after receiving an adequate application, the motor vehicle fund is responsible for paying the aggrieved parties the humanitarian payment. In case of rejection, motor vehicle fund must provide a written explanation.
Note: The amount of humanitarian expense in cases that vehicles causing accidents are not identified, vehicles do not participate in insurance and insurance liability is excluded as prescribed at Article 13 of the Decree No. 03/2021/ND-CP (except for damage done intentionally by motor vehicle users, motor vehicle operators or victims of the accidents); 30% of insurance liabilities as per the law/person/case in case of fatalities; 10% of insurance liabilities as per the law/person/case in case of bodily injuries receiving emergency medical treatment.
- Key word:
- Decree No. 03/2021/ND-CP
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