Latest applications for insurance claims in Vietnam

Latest applications for insurance claims in Vietnam (Internet image)

On September 6, 2023, the Government issued Decree 67/2023/ND-CP on compulsory civil liability insurance by motor vehicle owners, compulsory fire and explosion insurance and compulsory insurance for construction investment activities.

1. Latest applications for insurance claims in Vietnam

Specifically, Article 13 of Decree 67/2023/ND-CP stipulates that applications for claim for compulsory civil liability insurance by motor vehicle owners shall compose of the following documents:

- Claim forms.

- Documents related to motor vehicles, vehicle operators (certified true copies or copies bearing confirmation of insurers after being compared with originals or photocopies)

+ Vehicle registration certificates (or certified true copies and valid original receipts of credit institutions substituting for original vehicle registration certificates during the period in which the credit institutions hold original vehicle registration certificates) or proofs of vehicle title transfer and proofs of vehicle origins (in case vehicle registration certificates are not available).

+ Driving licenses.

+ ID cards, Citizen Identity Cards, passports or other personal documents of vehicle operators.

+ Certificates of insurance.

- Documents proving damage to life and/or health (copies of health facilities or copies bearing confirmation of insurers after being compared with originals or photocopies). Depending on the extent of damage to life, one or some documents below may be included:

+ Written proof of injury.

+ Medical records.

+ Excerpts of death certificates, death notices, written confirmation of police authorities or assessment results of forensic examining bodies in case victims decease while mounting vehicles or decease due to accidents.

- Documents proving property damage:

+ Valid invoices and instruments or evidence proving repair and/or replacement of property damaged due to accidents (in case insurers repair and remediate the damage, the insurers are responsible for collecting such documents).

+ Documents, invoices and instruments related to additional expenses incurred by motor vehicle owners to reduce the damage or follow instructions of insurers.

- Copies of relevant documents of police authorities collected by insurers in fatal accidents for third party and passengers or accidents required to be verified that they are solely caused by third party, including: notice of traffic accident investigation, verification, resolution results or notice of accident investigation and resolution results.

- Assessment records of insurers or persons authorized by insurers.

- Judicial decisions (if any).

Policyholders and the insured shall collect and submit the documents prescribed in Clauses 1, 2, 3, 4 and 7 of Article 13 of Decree 67/2023/ND-CP. Insurers shall collect the documents prescribed in Clauses 5 and 6 of Article 13 of Decree 67/2023/ND-CP.

2. Exclusions of compulsory civil liability insurance by motor vehicle owners in Vietnam

Pursuant to Clause 2, Article 7, Decree 67/2023/ND-C, insurers shall not provide indemnities in the following cases:

- Damage done intentionally by motor vehicle owners, motor vehicle operators or victims of the accidents.

- 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.

- 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.

- Damage that causes indirect consequences including: reduced commercial value, damage related to use and utilization of damaged property.

- 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.

- Damage to property due to thievery or robbery as a result of an accident.

- Damage to special property including: gold, silver, precious stones, financial instruments namely money, antiques, precious fine arts, and cadavers.

- War, acts of terrorism, earthquake.

More details can be found in Decree 67/2023/ND-CP taking effect on September 6, 2023. The following Decrees cease to be effective:

- Decree 03/2021/ND-CP.

- Decree 23/2018/ND-CP.

- Decree 119/2015/ND-CP.

Ho Quoc Tuan

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