According to Decree 23/2018/ND-CP, effective from April 15, 2018, the mandatory fire and explosion insurance applies to all assets of establishments with fire and explosion hazards, including apartment buildings with 05 floors or more or with a volume of 5,000 m3 or more.
However, the implementation of regulations related to fire and explosion insurance in apartment buildings is extremely careless, with investors shifting the responsibility to the management board and the management board shifting it to the residents...
So, who is responsible for purchasing fire and explosion insurance here?
According to Clause 1 Article 2 of Decree 23/2018/ND-CP stipulates:
"Agencies, organizations, and individuals having establishments with fire and explosion hazards specified in Annex II issued together with Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government of Vietnam detailing the implementation of the Fire Prevention and Fighting Law and the amended Fire Prevention and Fighting Law and relevant amending, supplementing, replacing documents (if any)."
It can be seen that the regulation does not clearly specify whether the responsibility for purchasing mandatory fire and explosion insurance lies with the investor, the management board, or each household and individual owning an apartment in the building. Thus, in order to ensure the rights and interests of each individual and the community living in buildings with fire and explosion hazards, we should proceed as follows:
- For common ownership areas, the investor or the management board of the apartment building shall be responsible for purchasing fire and explosion insurance;- For private ownership areas, the owner of those areas shall be responsible for purchasing insurance through the representative of the apartment building.
In cases where a representative cannot be identified, each household, agency, organization, or individual within the privately owned areas shall have the direct responsibility to purchase mandatory fire and explosion insurance.
To ensure the rights and interests of oneself, the family, and society, everyone living and working in apartment buildings needs to proactively understand and comply with the requirement to purchase mandatory fire and explosion insurance.
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