Thông tư 09/2020/TT-BNNPTNT

CIRCULAR

GUIDELINES FOR CONFIRMING NATURAL DISASTERS AND DISEASES IN IMPLEMENTATION OF AGRICULTURAL INSURANCE POLICIES

Pursuant to Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government administering functions, tasks, powers and organizational structures of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 58/2018/ND-CP dated April 18, 2018 of Government on agricultural insurance;

At request of Director General of Department of Cooperatives and Rural Development

Minister of Agriculture and Rural Development promulgates Circular providing guidelines for confirming natural disasters and diseases in implementation of agricultural insurance policies.

Article 1. Scope

1. This Circular provides guidelines for confirming natural disasters and diseases for determination of insured event in implementation of agricultural insurance policies under Clause 4 Article 36 of Decree No. 58/2018/ND-CP dated April 18, 2018 of Government on agricultural insurance (hereinafter referred to as “Decree No. 58/2018/ND-CP”).

2. Determination of damage and agricultural insurance shall comply with contracts for agricultural insurance specified under Decree No. 58/2018/ND-CP and regulations and law on insurance trading.

Article 2. Regulated entities

Organizations and individuals performing agricultural production; insurance enterprises; competent authorities related to confirming natural disasters and diseases in implementation of agricultural insurance policies as specified under Decree No. 58/2018/ND-CP.

Article 3. Guidelines for confirming natural disasters for determination of insured event

1. Confirming natural disasters for determination of insured event is provided for as follows: Use details regarding conditions and development of natural disasters in general reports on natural disasters specified under Point a Clause 2 Article 8 of Joint Circular No. 43/2015/TTLT-BNNPTNT-BKHDT dated November 23, 2015 of Minister of Agriculture and Rural Development and Minister of Planning and Investment providing guidelines for listing and assessing damage of natural disasters as the basis for determining insured event.

2. Organizations and individuals performing agricultural production or insurance enterprises shall utilize reports under Clause 1 of this Article of People’s Committees of communes to determine insured event in implementation of agricultural insurance policies.

Article 4. Guidelines for confirming animal-borne diseases ineligible for epidemic declaration for determination of insured event

1. Confirming animal-borne diseases ineligible for epidemic declaration for determination of insured event is provided for as follows:

a) In case of terrestrial animals: Use any of reports on animal-borne diseases specified under Clauses 3, 4, 5 and 6 Article 7 of Circular No. 07/2016/TT-BNNPTNT dated May 31, 2016 of Minister of Agriculture and Rural Development on prevention of terrestrial animal-borne diseases as the basis for determining insured event.

b) In case of water-borne animals: Use any of reports on water-borne animal diseases specified under Point c, d Clause1 , Clause 3 and Clause 4 Article 5 of Circular No. 04/2016/TT-BNNPTNT dated May 10, 2016 of Minister of Agriculture and Rural Development on prevention of water-borne animal diseases or reports on water-borne animal diseases under Annex I attached to Circular No. 01/2020/TT-BNNPTNT dated January 16, 2020 of Minister of Agriculture and Rural Development on periodic reporting regime under state management of Ministry of Agriculture and Rural Development as the basis for determining insured event.

2. Organizations and individuals performing agricultural production or insurance enterprises shall utilize reports under Clause 1 of this Article of veterinary specialized authorities of districts or provinces to determine insured event in implementation of agricultural insurance policies.

Article 5. Guidelines for confirming pests for plants ineligible for epidemic declaration for determination of insured event

1. Confirming pests for plants ineligible for epidemic declaration for determination of insured event is prescribed as follows: Use any of irregular written notice and telegraphs specified under Sections 4.1.2, 4.1.3 and 4.2 of National Technical Regulation on investigation method for detecting pests for plants (QCVN 01-38: 2010/BNNPTNT) attached to Circular No. 71/2010/TT-BNNPTNT dated December 10, 2010 of Minister of Agriculture and Rural Development on National Technical Regulation on Inspection and protection of plants or reports on pests under Annex I attached to Circular No. 01/2020/TT-BNNPTNT dated January 16, 2020 of Minister of Agriculture and Rural Development on periodic reporting regime under state management of Ministry of Agriculture and Rural Development as the basis for determining insured event.

2. Organizations and individuals performing agricultural production or insurance enterprises shall utilize irregular reports, documents, notice and telegraphs under Clause 1 of this Article of plant inspection and protection specialized authorities of districts or provinces to determine insured event in implementation of agricultural insurance policies.

Article 6. Responsibilities for implementation

1. Department of Cooperatives and Rural Development shall direct and organize implementation of this Circular. Vietnam Disaster Management Authority, Plant Protection Department and Department of Animal Health shall cooperate in dealing with difficulties that arise during implementation.

2. People’s Committees of provinces: Direct People’s Committees of all levels and professional regulatory authorities regarding natural disaster prevention, animal health and plant protection and inspection in the areas to publicize notice and reports specified under Clause 1 Article 3, Clause 1 Article 4 and Clause 1 Article 5 of this Circular to serve as the basis for determining insured event in implementation of agricultural insurance policies.

Article 7. Entry into force

1. This Circular comes into force from September 28, 2020.

2. If the legislative documents referred to in this Circular are amended or replaced, the new documents will apply.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration./.