How much are fines for not having/carrying an unexpired Certificate of civil liability insurance for motor vehicles when operating a vehicle? This is a question that LawNet have received quite a lot from Customers and Members in recent days. LawNet would like to answer this issue in the article below.
According to Article 4 of Circular No. 22/2016/TT-BTC of the Ministry of Finance of Vietnam, motor vehicle owners traveling on roads within the territory of Vietnam shall buy compulsory insurances under provisions hereof and other relevant regulations of laws. Besides compulsory insurance contract, motor vehicle owners may enter into voluntary insurance contracts.
Thus, it can be seen that, currently, there are 02 types of insurance for motor vehicles, which are compulsory insurance and voluntary insurance.
In particular, if the motor vehicle owner does not buy the Certificate of civil liability insurance for motor vehicles, he/she may be fined according to the provisions of Decree No. 100/2019/NĐ-CP of Vietnam’s Government, while the voluntary insurance may or may not be available.
Specifically, according to Clause 2 Article 58 of the Law on Road Traffic 2008 of Vietnam, the Certificate of civil liability insurance for motor vehicles is one of the papers that the driver shall carry when operating a vehicle.
Article 58. Conditions for drivers of vehicles to join in traffic
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2. When operating a vehicle, the driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;
c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;
d/ Motor vehicle owner civil liability insurance certificate.
According to Article 21 of Decree No. 100/2019/NĐ-CP, a fine ranging from VND 100,000 to VND 200,000 shall be imposed for any person operating a motorcycle or moped and the like without carrying an unexpired Certificate of civil liability insurance for motor vehicles; and a fine ranging from VND 400,000 to VND 600,000 shall be imposed for any person operating a car, tractor or car-like vehicle without an unexpired Certificate of civil liability insurance for motor vehicles. Specifically, according to Point a Clause 2 and Point b Clause 4 Article 21 of Decree No. 100/2019/NĐ-CP on penalties for violations against regulations on qualification for operating motor vehicles:
Article 21. Penalties for violations against regulations on qualification for operating motor vehicles
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2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:
a) Any person operating a motorcycle or moped and the like without carrying an unexpired Certificate of civil liability insurance for motor vehicles;
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4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed for:
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b) Any person operating a car, tractor or car-like vehicle without an unexpired Certificate of civil liability insurance for motor vehicles;
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Nguyen Trinh