Thông tư 329/2016/TT-BTC

Circular No. 329/2016/TT-BTC dated December 26, 2016, on guideline for implementation of a number of certain articles of the Decree No. 119/2015/ND-CP on compulsory insurance for construction activities

Nội dung toàn văn Circular 329/2016/TT-BTC guideline 119/2015/ND-CP compulsory insurance for construction activities


MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 329/2016/TT-BTC

Hanoi, December 26, 2016

 

CIRCULAR

ON GUIDELINE FOR IMPLEMENTATION OF A NUMBER OF CERTAIN ARTICLES OF THE GOVERNMENT'S DECREE NO.119/2015/ND-CP DATED NOVEMBER 13, 2015 ON COMPULSORY INSURANCE FOR CONSTRUCTION ACTIVITIES

Pursuant to the Law No. 24/2000/QH10 on Insurance Business;

Pursuant to the Law on amendment and supplement to a number Article of the Law No.61/2010/QH12 on Insurance Business;

Pursuant to the Law No.50/2014/QH13 on Construction;

Pursuant to the Government's Decree No. 215/2013/ND-CP dated December 23, 2013 defining the functions, rights, responsibilities and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No.119/2015/ND-CP dated November 13, 2015 on compulsory insurance in construction activities;

Upon request of the Director of the Agency for Insurance Supervisory and Management;

The Minister of Finance hereby issues this Circular on guideline for implementation of a number of certain articles of the Government's Decree No.119/2015/ND-CP dated November 13, 2015 on compulsory insurance for construction activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for:

1. The policy wording, conditions, schedules of premiums, financial regime and reporting regime for compulsory insurance for construction activities including construction works insurance, professional liability insurance for construction consultants (hereinafter referred to as “professional liability insurance”) and construction workers’ compensation insurance.

2. Implementation of the third-party civil liability insurance.

Article 2. Subjects of application

This Circular applies to:

1. Investors and contractors (if the construction works insurance premium is included in the contract value).

2. Consultancies

3. Construction contractors.

4. Non-life insurance enterprises, branches of foreign non-life insurance enterprises (hereinafter referred to as “insurer”) and ceding companies.

5. Other entities related to compulsory insurance for construction activities.

Article 3. Interpretation

For the purpose of this Circular, terms herein shall be construed as follows:

1. Handover means transfer of a construction works as defined in Article 124 of the Law on Construction.

2.  Policyholder refers to the following entities:

a) Investors (as for the construction works insurance).

b) Consultancies (as for the professional liability insurance).

c) Construction contractors (as for the construction workers’ compensation insurance)

3. Third party (for the professional liability insurance for construction insurance) is the party suffering from bodily injuries or property damage a result of construction design and surveying, except for the insurer, the policyholder and the insured.

4. Occupational disease is defined by Article 143 of the Labor Code.

5. Investor may be an owner or contractor participating in construction investment activities (if the construction works insurance premium is included in the contract value).

6. Project owner is any entity who has capital or mobilizes capital or is designated to directly manage and use a certain amount of capital for construction of a construction works and work item affecting the community safety, or construction works having significant impact on the environment or having particular specifications and being constructed under complicated conditions as stipulated in clause 1 Article 4 of the Government’s Decree No.119/2015/ND-CP dated November 13, 2015 on compulsory insurance for construction activities (hereinafter referred to as "Decree No.119/2015/ND-CP).

7. Construction works in the construction period is the construction works stipulated in clause 10 Article 3 of the Law on Construction

8. Place into service is the process for bringing a construction works into operation.

9. Deductible is a fixed amount or a percentage of an indemnity that the policyholder must bear in each insured event. To be specific:

a) As for the construction works insurance: the deductible specified in item c, point 1, clause I of Annex 7 attached hereto (in case of any construction works prescribed in point a, clause 1 Article 15 hereof) or item c, point 1, clause II of Annex 7 attached hereto (in case of any construction works prescribed in point b, clause 1 Article 15 hereof) shall apply.

b) As for the professional liability insurance: the deductible stipulated in point b clause 1 Annex 8 attached hereto shall apply.

10. Consultancy is any contractor providing expert advices on survey and design of grade II construction works or higher.

11. Construction contractor is any entity that meets eligibility requirements for construction and has the capability to operate in construction industry under the construction contract as stipulated in clause 1 of this Article.

12. The insured refers to the following entities:

a) Project owners, construction contractors (both principal contractors and sub-contractors), and other entities whose interests and entitlement are connected with the construction works during the construction period (for the construction works insurance).

b) Consultancies and other entities participating in giving expert advices on construction surveying and design (for the professional liability insurance).

c) Prime construction contractors and their subcontractors (for the construction workers’ compensation insurance)

13. Worker is any entity defined by clause 1 Article 3 of the Labor Code.

14. Occupational accident is defined in Article 142 of the Labor Code.

15. Construction incident is defined in clause 34, Article 3 of the Law on Construction.

Article 4. Policy wording, insuring clauses and schedules of premiums of compulsory insurance for construction activities

1. Policy wording is a set of rules constituted by insuring clauses on compulsory insurance for construction activities stipulated herein

2. Insuring clause is a specific provision in compulsory insurance for construction activities policy, including:

a) Insuring clause on construction works insurance

b) Insuring clauses on professional liability insurance.

c) Insuring clauses on construction workers’ compensation insurance.

3. The schedule of premiums and surcharges shall be specified as follows:

a) As for the construction works insurance: provisions in Annex 7 attached hereto shall apply.

b) As for the professional liability insurance: provisions in Annex 8 attached hereto shall apply

c) As for the construction workers’ compensation insurance: provisions in Annex 7 attached hereto shall apply

4. In addition to purchase of compulsory insurance for construction activities under insuring clauses and at the premiums and minimum sum assured stipulated hereof, the insurer and policyholder shall negotiate to make an expansion to insuring clauses and heighten the sum insured and premiums in the insurance policy in accordance with regulations of laws.

Article 5. Exclusions

1. The insurer shall be freed from the liability to indemnify for the following loss:

a) Loss caused by intentional acts. To be specific:

- Loss incurred due to riots, strikes and hostilities

- Loss caused by intentionally illegal acts committed by the policyholder or the insured ( this provision shall not apply to construction workers’ compensation insurance in case any construction worker takes any self-defense act or takes actions to save people, asset or uses stimulants under doctor's prescription).

- Loss caused by the consultants’ errors in design ( this provision shall only apply to construction works insurance).

- Loss caused by consultancy’ intentional acts of selecting untested methods of construction, measurement, calculation and design, and untested materials; or consultancy’ advice on use of asbestos or materials containing asbestos ( this provision shall only apply to the professional liability insurance for consultants).

b) Loss caused by the nature. To be specific:

- Loss due to corrosion, abrasion, redox, rot, hardness (such as rust,  scaling and the like), material defects ( this provision shall only apply to construction works specified in point a clause 1 Article 15 hereof).

- Loss due to corrosion, abrasion, redox,  and material defects ( this provision shall only apply to the construction works specified in point b clause 1 Article 15 hereof).

c) Loss not quantifiable in money

Loss of data, software and computer programs applied to carry out construction survey and design according to the consultancy’s expert advice (this provision shall only apply to the professional liability insurance).

d) Loss dues to catastrophic events:

- Loss caused by wars, terrorism, nuclear reaction, nuclear radiation and radioactive contamination.

- Loss caused by construction survey and design consulting that leads to environment contamination and affects the third party ( this provision shall only apply to the professional liability insurance).

dd) Loss beyond the coverage of the insurance as stipulated in clause 9 Article 3 of the Law on Insurance Business.

2. The insurer shall negotiate with the policyholder and shall specify the Exclusion Clause in the insurance policy in accordance with clause 1 of this Article and other exclusion (if any) of liability for loss prescribed in clause 2 Article 6 of the Decree No.119/2015/ND-CP.

Article 6. Process of conclusion of insurance policies

The compulsory insurance for construction activities policy shall be concluded as follows:

1. Step 1: The policyholder shall provide sufficient necessary information for the insurer:

a) Fill in the proposal form made by using the following forms:

-  As for the construction works insurance: the form in Annex 1 attached hereto.

- As for professional liability insurance: the form in Annex 2 attached hereto

- As for construction workers’ compensation insurance: the form in Annex 3 attached hereto

b) Provide the insurer with all documents required in the proposal form (if any) upon the insurer’s request.

2. Step 2.According to the proposal form and relevant documents (if any), the insurer shall examine and make risk assessment prior to make a decision on provision of the insurance.

3. Step 3. The insurer and the policyholder shall sign an insurance policy; the insurer shall issue the policyholder a Certificate of insurance. To be specific:

a) An insurance policy shall contain all information required in Article 13 of the Law on Insurance Business.

b) The Certificate of Insurance shall be made by using the form in Annex 4 (for construction works insurance), Annex 5 (for professional liability insurance) and Annex 6 (for construction workers’ compensation insurance) attached hereto.

Article 7. Termination of insurance policies

1. An insurance policy shall be terminated in the following cases:

a) If the policyholder refuses to make full payment of the premium or refuse to pay the insurance premium within the payment period as agreed in the insurance policy while no agreement on delay in payment of premium is made as stipulated in clause 5 Article 15 ( for the construction works insurance), clause 5 Article 22 ( for professional liability insurance), clause 3 Article 34( for third-party civil liability insurance), the insurance policy shall be automatically terminated from the end of the payment period.

b)  The policyholder and insurer mutually agree to terminate the insurance policy in case the construction contract is temporarily halted or is terminated in accordance with regulations of laws.

In this case, the insurance policy will be terminated according to the time when the construction contract is temporarily suspended or is terminated under regulations of laws.

The policyholder shall notify the insurer within 05 days from the date of receipt of notification of suspension or termination of the construction contract.

c) Other cases prescribed by laws.

2. Legal consequences of termination of insurance policies

a) If an insurance policy is terminated under point a clause 1 of this Article, the policyholder shall make full payment of the premium of insurance to the time of termination of the insurance policy.

b) If an insurance policy is terminated under point b clause 1 of this Article, within 15 days from the date of termination, the insurer  shall, after deducting relevant reasonable expenses, refund the excessive amount of the premium (if any) to the policyholder in proportion to the remaining effective period of the insurance policy. Where the policyholder fails to make full payment of the premium (according to the insured period to the date of termination of the insurance policy), the policyholder shall make additional payment of the unpaid premium.

c) The legal consequences of termination of an insurance policy are specified in point c, clause 1 of this Article and shall apply in accordance with relevant regulations of laws.

Article 8. Rights and obligations of insurers

1. Rights of insurers:

a) Refuse to provide the compulsory insurance for construction activities for entities specified in clause 1, 2 and 3 Article 2 hereof if those entities fail to satisfy competence requirements for construction as stipulated in the Law on Construction and relevant regulations of laws.

b) Request policyholders to provide complete and reliable information related to conclusion and execution of the insurance policy.

c) Make risk assessment.

d) Collect premiums on due date via proper methods as agreed in the insurance policy; adjust the premiums in cases of variations in insured risks as stipulated in Article 20 of the Law on Insurance Business.

dd) Request the policy holder to apply  risk control and prevention measures as stipulated in regulations of laws; and to strictly comply with regulations of laws on occupational safety.

e) Request the third party to reimburse the insurer for the indemnity that the insurer has indemnified the insured in case the third party’s fault has given a rise to damage to the insured.

g) Exercise other rights in accordance with regulations of laws.

2. Obligations of insurers

a) Provide the compulsory insurance for construction activities as stipulated in the Decree No.119/2015/ND-CP this Circular and other relevant regulations of laws.

b) Give explanation, information and documents related to conclusion and execution of the insurance policy.

c) Fully and punctually indemnify the insured as agreed in the insurance policy and relevant law provisions in case an insured event occurs.

d) Comply with the financial regimes stipulated in Article 35 hereof.

dd) Comply with the reporting regime stipulated in Article 36 hereof.

e) Cooperate with functional agencies in implementation of the compulsory insurance for construction activities.

g) Take on obligations prescribed hereof and other obligations under regulations of laws.

Article 9. Rights and obligations of policyholders

1. Rights of policyholders

a) Enter into the insurance policy with any insurer eligible to provide the compulsory insurance for construction activities as stipulated in Article 7 of the Decree No.119/2015/ND-CP.

b) Request the insurer to give explanation for insuring clauses; to provide information and documents (if any) related to conclusion and execution of the insurance policy.

c) Request the insurer to indemnify the insured as agreed in the insurance policy in case an insured event occurs

d) Exercise other rights in accordance with regulations of laws.

2. Obligations of policyholders:

a) Buy the compulsory insurance for construction activities as stipulated in this Circular and other relevant regulations of laws.

b) Provide sufficient and necessary information for the insurer, accurately complete the proposal form and facilitate assessment of risks by the insurer.

c) Fully pay premiums on due date and by proper methods as agreed in the insurance policy.

d) Notify the insurer of cases that may give a rise to a claim during the validity period of the insurance policy.

dd) Apply risk control and prevention measures under regulations of laws; implement proper proposals of consultancies and the insurer.

e) Apply necessary safety measures; strictly comply with provisions of laws on occupational safety.

g) Authorize the insurer to request the third party to reimburse the indemnity which the insurer has indemnified for damage to the insured as a consequence of the third party’s fault.

h) Cooperate with functional agencies in implementation of the compulsory insurance for construction activities.

i) Take on obligations prescribed hereof and other obligations under regulations of laws.

Article 10. Settlement of disputes

1. in case any dispute arises from or related to implementation of the insurance policy, the insurer and policyholder, in the first instance, shall amicably resolve through negotiation. If the dispute is not resolved on the basis of negotiation, it shall be referred to the arbitration by any party (if it is prescribed in the insurance policy) or shall be brought to the court under Vietnam’s regulation of Law.

2. The statute of limitation for filing a lawsuit in connection with the insurance policy is 03 years from the date on which the dispute arises.

Chapter II

SPECIFIC PROVISIONS

Section 1. CONSTRUCTION WORKS INSURANCE

Article 11. The insured and minimum sum assured

1. The insured of the construction works insurance is any works and work item specified in clause 1 Article 4 of the Decree No.119/2015/ND-CP.

2. The  sum  assured  of a construction works in the construction period as stipulated in clause 1 of this Article is the full value of that works as it is completed, including costs of materials, labor, installations thereof, freights, taxes, other expenses and other work items provided by the  investor. The minimum sum assured of a construction works in the construction period  shall not be lower than the total value of the construction contract, including the additional and adjusted prices ( if any).

Article 12. Coverage

The insurer shall indemnify for loss and damage to the construction works in the construction period caused by all risks other than those prescribed in Article 5 hereof.

Article 13. Insurance period

The validity period of the construction works insurance shall be conformable to clause 1 Article 5 of the Decree No.119/2015/ND-CP To be specific:

1. As for the construction works specified in point a clause 1 Article 15 hereof: The insurance  period specified in the insurance policy shall be calculated from the commence date to the date of completion of the construction works as stipulated in the investment decision-making authority’s document, including  amendments and  supplement  thereto (if any) . The insurance period of components and work items which are handed over or placed into service shall end from the date such components and work items are handed over or come into operation.

2. As for the construction works specified in point b clause 1 Article 15 hereof: The insurance period specified in the insurance policy is calculated from the date of construction commencement stipulated in the investment decision-making authority’s documents (including adjustments and supplement thereto, if any) to the date of handover or after completion of the first commissioning, but shall not exceed 28 days from the date of commissioning. The insurance period of a used installation thereof shall end from the time it undergoes the commissioning.

Article 14. Liability to buy insurance

The investor shall buy the insurance for the whole project or for each work item in the construction period. To be specific:

1. The investor shall purchase the insurance for the whole project at a premium equal to the minimum sum assured stipulated in clause 2 Article 11 hereof.

2. For the insurance for each work item in the construction period, the investor shall pay a premium which is equal to the sum assured of that work item but not less than the total value of the completed work item; and the total sum assured of work items shall be not less than the total minimum sum assured as stipulated in clause 1 Article 11 hereof.

Article 15. Premiums and payment of premiums

1.  The premium of construction works in the construction period is determined in Annex 7 attached hereto. To be specific:

a) If the insured construction works valued at less than 700 billion dong, whether including the cost of installation of less than 50 % of the total value of insured work items or not, the premiums shall be determined in accordance with point 1 clause I Annex 7 attached hereto.

b) If the insured construction works valued at less than 700 billion dong, including the cost of installation of at least 50 % of the total value of insured work items, the premiums shall be determined in accordance with point 1 clause II Annex 7 attached hereto.

c) For any construction works beyond point 1 clause I and point 1 clause II Annex 7 attached hereto or construction works valued at 700 billion dong or more, the insurer and policyholder shall reach an agreement on insuring clauses, policy wording, premiums and deductible on the basis of proofs certifying that the ceding company receives insurance ceded under the same insuring  clauses, policy wording, premiums and deductible as those applying to the insurer and policyholder Foreign ceding companies and organizations shall be those ranked at least BBB by the Standard & Poor’s or B++ by A.M.Best or the equivalent rank in the immediately preceding year of the ceding year by qualified and experienced rating organizations

2. On the basis of level of risks of the insured item, the insurer is entitled to adjust the premium increased by up to 25% of the premium determined in item a point 1 clause I Annex 7 attached hereto (for construction works specified in point a clause 1 of this Article) or determined in item a Point 1 clause II Annex 7 attached hereto (for any construction works specified in point b clause 1 of this Article).

3. In the event that the construction period lasts longer than that prescribed in the decision-making authority's document, the insurer and policyholder may negotiate the additional premiums for the extension. The additional premium ( if any) shall be calculated on the basis of the premium prescribed in Annex 7 attached hereto, the proportion of the extended time to the total construction duration stipulated in the investment decision-making authority’s document and other risks.

4. Deadline for payment of premiums of construction works insurance shall be specified in the insurance policy. To be specific:

a) In case of lump-sum payment: A (provisional) premium shall be paid within 30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period. For the insurance period of less than 30 days, the maturity date shall not be later than the insurance period. The total (provisional) premium shall be determined on the basis of the estimated compulsory insurance price in the project’s cost estimate approved by the competent authority, including adjusted and supplemented costs ( if any). Settlement of premiums shall be made in accordance with clause 6 of this Article.

b) In case of installment payment:

According to the construction project’s cost estimate approved by the competent authority, the policyholder and insurer shall reach an agreement on installation as follows:

- 1st installment: At least 10% of the total (provisional) premium for insured work items shall be settled . The total (provisional) premium shall be determined on the basis of the estimated compulsory insurance price in the project’s cost estimate approved by the competent authority. The premium shall be paid within 30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period.

- The following installments: The amount  and schedule of each installment shall be mutually agreed by the insurer and policyholder and the payment schedule shall not be slip behind that prescribed in the construction contract (for work items required to  be insured by compulsory insurance) as stipulated in regulations of laws.

- Final installment: Final installment must be made at least 15 days before the expiry date of the insurance period.

- Settlement of premiums shall be made in accordance with clause 6 of this Article.

5. Subject to the insurer’s consent, the policyholder could delay making payment of the premium. This delay must be subject to the condition that the policy has collateral properties or payment guarantees as stipulated in the regulations of laws.

6. Settlement of premiums shall be made on the basis of the final value of the construction works (for insured items under the compulsory insurance). To be specific:

a) In case the final value of the construction contract (work items required compulsory insurance) is higher than the approved estimate as the insurance policy is concluded, premium shall be adjusted increased accordingly. The policyholder shall make payment of the additional premium to the insurer within 30 days from the date on which the final construction contract value is approved in writing by the competent authority.

b) In case the final value of a construction contract (work items required compulsory insurance) is lower than the approved contract value, the premium shall be adjusted decreased accordingly. The insurer shall refund the excessive amount of payment to the policyholder within 30 days from the date of receipt of the competent authority’s written approval for the final value of the construction contract from the policyholder. The policyholder shall receive this refund given by the insurer. If construction contractor is also the policyholder and the premium is included in the contract value, the construction contractor must transfer such refund to the project owner.

Article 16. Loss assessment

1. Loss shall be assessed in accordance with Article 48 of the Law on Insurance Business. The assessing agencies shall be responsible for their assessment results.

2. It shall ensure that loss assessment is carried out objectively, accurately, reliably and punctually.

3. The results of loss assessment shall be specified in the assessment record.

Article 17. Principles of indemnity

1. Where an insured event occurs, the policyholder and insurer shall cooperate in indemnification as follows:

a)  the policyholder shall:

- Immediately notify the insurer of the insured event via proper means of communication, after 14 days from the date of occurrence, the policy holder shall notify the insurer in writing using form in Annex 10 attached hereto.

- After notifying to the insurer, the policyholder may repair or replace damaged components whose value does not exceed the respective deductible prescribed in item c, point 1, clause I, Annex 7 attached hereto (for construction works specified in point a clause 1 Article 15 hereof) or item c point 1 clause II Annex 7 attached hereto (for construction works specified in point b clause 1 Article 15 hereof).

In other circumstances, the insurer shall carry out loss assessment prior to repair or replacement. If the loss assessment is not conducted within 05 days from the date of receipt of notification, the insured has the right to exercise remedy or replacement. The insurer shall cover expenses for remedy or replacement of damaged work items within the coverage with the proviso that the policyholder punctually carries out remedy and replacement.

- Preserve the status quo of damaged components and make them available for loss assessment by the insurer’s representative and assessor.

- Promptly notify the police authority in case of theft or burglary.

- Apply mitigating measures , within the competence, to minimize loss.

- Provide the insurer with documents required in the claim application  as stipulated in clause 1, 2, 3, 4 and 6 Article 18 hereof and facilitate verification of such documents by the insurer.

- Implement, co-ordinate or permit the insurer to take all actions and measures which may be necessary or required by the insurer to protect the insurer’s interests after indemnifying for  loss or damageas stipulated herein.

b) As to insurers:

- Carry out loss assessment as stipulated in Article 16 hereof.

- Provide instructions and cooperate with the policyholder and relevant entities in collection of complete documents for preparation of the claim application.

- Formulate claim documents as prescribed in clause 5 Article 18 hereof.

- In case the loss the claim application is accepted, the insurer shall notify the policyholder of claim settlement in writing.

- In case of rejection, the insurer shall specify reasons for rejection in writing.

2. The Insurer shall indemnify only to the extent the property damage to the insured and to the extent of sum assured.

3. The indemnity for each item specified in the insurance policy shall not exceed its sum assured. The total indemnity shall not exceed the total sum insured specified in the insurance policy. To be specific:

a) In case of repairable damage, all damage shall be repaired. The indemnity is equal to the necessary cost of repairs to restore the damaged items to their original condition immediately before the occurrence of the damage less salvage (in case the policyholder revokes the damaged items) and the deductible.

b) In case of total loss, the indemnity is the actual market value of the items immediately before the occurrence of the loss and at the place of occurrence less the deductible. In case the policyholder revokes the damaged items, the indemnity is the actual value of those items immediately before the occurrence of the loss less salvage and the deductible.

4. The cost of (provisional) repairs shall be borne by the insurer if such repairs constitute part of the final repairs and do not increase the total repair expenses as prescribed in the final repair plan.

5. The insurer shall not be liable for any expense for alteration, addition and/or improvement of any insured work item.

6. If the policyholder enters into construction works insurance  policies with 02 insurers or more covering the same item under the same condition and in the same insured event then each insurer shall only be liable to pay or contribute their ratable proportion of their agreed sum assured to the total sum insured of all the insurance policies. The total indemnity paid by all the insurers shall not exceed the actual losses

7. The insurer shall not be liable for any expense which arises, increases from the act of fraud as stipulated in the Criminal Law.

Article 18. Claim applications

The insurer shall cooperate with the policyholder, the insured and relevant agencies in collection of relevant documents for formulating the claim application. A claim application includes the following documents:

1. A notice of occurrence and claim request form made by using the Appendix 10 attached hereto.

2. Documents related to the insured items, including the insurance policy and Certificate of Insurance.

3. Proofs of property loss or damage, including:

a) Construction incident documentation (certified true copies or copies confirmed by the party forming such documentation) as stipulated in Article 50 of the Government’s Decree No.46/2015/ND-CP dated May 12, 2015 on construction quality control and maintenance and its amendments, supplement and replacements thereto (if any).

b) Valid invoices and documentation in case of repair or replacement.

4. Written proofs of  necessary and reasonable expenses incurred by the policyholder to minimize the extent of loss or damage or by following the insurer’s instructions.

5. A record of assessment of the causes and extent of loss or damage prepared by the insurer or the insurer’s authorized person.

6. Other relevant documents (if any).

SECTION 2. PROFESSIONAL LIABILITY INSURANCE

Article 19. The insured and minimum sum assured

1. Consultancies are obliged to buy compulsory professional liability insurance in connection to the construction surveying and design of construction works ranked grade II or higher for the third party.

2. The minimum sum insured must be equal to the value of the consulting contract for construction surveying and/or consulting contract for construction design.

Article 20. Coverage

The insurer shall reimburse the consultancy for indemnities which the contractors shall legally indemnify the third party for  their loss and all related costs  incurred from construction consultancy services, except loss stipulated in Article 5 hereof.

Article 21. Insurance period

The professional liability insurance comes into effect from the commencement date of provision of consultancy services till the end of the construction warranty period as stipulated in regulations of laws.

Article 22. Premiums and payment of premiums

1. The premiums of professional liability insurance are prescribed in   Annex 8 attached hereto. To be specific:

a) In respect of construction works which is valued at less than VND 1,000 billion and is different from dams, docks, ports, piers, harbors, breakwaters and water irrigation construction works; construction works of airport, building of airplane, satellite, aerospace; ships or repair works; both onshore and offshore energy construction works; railway, tram, express train and underground projects, mining projects, the premiums and deductible are determined in Clause 1 Annex 8 attached hereto.

b) In respect of the construction works other than those specified in point a clause 1 of this Article:  the insurer and policyholder shall reach an agreement on insuring clauses, policy wording, premiums and deductible on the basis of proofs certifying that the ceding company receives insurance ceded under the same insuring clauses, policy wording, premiums and deductible as those the insurer applies to policyholder. Foreign ceding companies and organizations shall be those ranked at least BBB by the Standard & Poor’s or B++ by A.M.Best or the equivalent rank in the immediately preceding year of the ceding year by qualified and experienced rating organizations.

2. According to the level of risks of the insured, the insurer  shall be entitled to adjust the premium increased by up to 25% of the premium calculated as stipulated in point a clause 1 Annex 8 attached hereto.

3. In the event that the construction period lasts longer than that prescribed in the investment decision-making authority's document, the insurer and policyholder may negotiate for the additional premium for the extended time. The additional premium shall be calculated on the basis of the premium stipulated in point a clause 1 Annex 8 attached hereto and in proportion to the extended time.

4. Settlement of (provisional) premium of the professional liability insurance shall be mutually agreed by the insurer and the policyholder and shall be specified in the insurance policy. To be specific:

a) In case of lump-sum payment: A (provisional) premium shall be paid within 30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period. For the insurance period of less than 30 days, the deadline for payment of premium shall not exceed the insurance period. The total (provisional) premium shall be determined on the basis of the approved estimated value of the consulting contract including adjusted and additional costs (if any). Settlement of premiums shall be made in accordance with clause 6 of this Article.

b) In case of installment:

According to the estimated value of the consulting contract for construction survey and design approved by the competent authority as at the time of conclusion of the insurance policy, the policyholder and insurer shall agree on installment as follows:

- The first installment: 50% of the total (provisional) premium shall be paid within  30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period. The following installments shall be made as agreed by the insurer and policyholder in the insurance policy originally concluded. In every circumstance, the maturity date must not be later than the expiry date of insurance policy

- Settlement of premiums shall be made in accordance with clause 6 of this Article.

5. Subject to the insurer’s consent, the policyholder could delay making payment of the premium. This delay shall be prescribed in the insurance policy and must be subject to the condition that the policyholder has collateral properties or payment guarantees as stipulated in the regulations of laws.

6. Settlement of premiums shall be made based on the final value of the consulting contract for construction survey and design as follows:

a) In case the final value of a consulting contract is adjusted increased compared with the estimated value approved by the competent authority at the time of conclusion of the insurance policy, the premium shall be adjusted increased accordingly. The policyholder shall pay an additional premium as adjusted to the insurer within 30 days from the date of receipt of the competent authority’s written approval for the final value.

b) In case the final value of a consulting contract for construction survey and design is lower than the estimated value approved by the competent authority at the time of conclusion of the insurance policy, the premium shall be adjusted decreased accordingly. The insurer shall refund the excessive amount of payment to the policyholder within 30 days from the date of receipt of the competent authority’s written approval for the final value from the policyholder.

Article 23. Liability to buy insurance

The policyholder is obliged to buy the compulsory professional liability insurance prior to provision of consultancy services.

Article 24. Principles of indemnity

1. The insurer shall reimburse the consultancy for indemnities which the consultancy is liable to indemnify the third party for their loss and all related costs incurred as prescribed in regulations of laws. To be specific:

a) Loss or damage to the Third Party and related expenses incurred due to the negligence of the insured in process of rendering the construction survey, construction design within the coverage.

b) Third party’s first claim made against the insured (as a consequence of an insured event) and notified to the insurer during the insurance period by the policyholder, including the expenses  for the lawyers delegated by the insurer or the insured (having the insurer’s written consent ), other fees and expenses incurred from the investigations, revisions and defense related to the insured event but not including  salaries paid for the workers or managers who sign the employment contract with the insured.

c)  Other incurred expenses under regulations of laws.

2. The aggregate limit of indemnity of the insurer in respect of all accumulated claims arising within a period of insurance shall not exceed the sum assured prescribed in the insurance policy.

3. If the policyholder enters into professional liability insurance  policies with 02 or more insurers covering the same subject under the same condition and insured event, then each insurer shall only be liable to indemnify or contribute their ratable proportion of their agreed sum assured to the total sum insured of all the insurance policies .

4. The insurer shall not be liable for any expense which the consultancy reimburses the third part without the insurer’s prior written consent.

5. The insurer shall not be liable to indemnify in case any claim request is filed without the insured’s consent.

6. The insurer shall not be liable for any expense which arises or incurs from the act of fraud as stipulated in the Criminal Law.

7. In case of loss or damage to the third party’s property, the loss assessment shall be carried out in accordance with Article 16 hereof.

8. Upon the third party’s claim request, the policyholder and the insurer shall cooperate in settlement of such claims as follows:

a) As to the policyholder:

- Immediately notify the insurer of the insured event via proper means of communication; after 14 days from the date of receipt of the third party’s claim request, the policy holder shall inform the insurer in writing using form in Annex 10 attached hereto.

- Take all steps within the capacity to minimize the extent of loss or damage.

- Submit  requested documents as specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 7 Article 25 of this Circular, and facilitate verification of those documents by the insurer.

- Implement, co-ordinate or permit the insurer to take  actions and measures which are necessary or are required by the insurer to protect the insurer’s interests after indemnification against loss or damage within the liability prescribed herein.

b) As to insurers:

- Carry out loss assessment as stipulated in Article 16 hereof.

- Provide instructions and cooperate with the policyholder and relevant entities in collection of complete documents for preparation of the claim application.

- Formulate  claim documents as prescribed in clause 6 Article 25 hereof.

- Cooperate with the policyholder in settlement of the third party’s claim request  under the coverage of the insurance policy when an insured event occurs.

- In case the loss or damage is under the coverage, the insurer shall make a notice of indemnification in writing.

- In case of rejection, the insurer shall specify reasons for rejection in writing.

Article 25. Claim Applications

The insurer shall cooperate with the policyholder, the insured and relevant agencies in collection of relevant documents for formulating the claim application. The claim application for professional liability insurance includes:

1. A notice of the third party’s claim and claim request form made by the policyholder using the Appendix 10 attached hereto.

2. Documents related to the insured, including the insurance policy and Certificate of Insurance.

3. The third party’s written claim against the insured.

4. Proofs of bodily injuries (copies certified by the medical facility; or by the insurer or the insurer’s representative after collating with the original copies). Depending on the extent of injuries, there may include one or certain following documents:

a) Injury Certificate.

b) Hospital discharge form.

c) Documents certifying surgical interventions.

d) medical records

dd) Death certificate (in case of death).

e)  Valid medical expense invoices and receipts (original copies)

5. Proofs of loss or damage to property, including:

a) Construction incident documentation (certified true copies or copies certified by the party forming such documentation) as stipulated in Article 50 of the Government’s Decree No.46/2015/ND-CP dated May 12, 2015 on construction quality control and maintenance and its amendments, supplement and replacements (if any).

b) Valid invoices and documentations in case of repair or replacement.

c) Written proofs of necessary and reasonable expenses which are incurred by the policyholder to minimize the extent of loss or damage or are incurred under the insurer’s instructions.

6. A record of assessment of causes and extent of injuries prepared by the insurer or insurer’s authorized person.

7. Other relevant documents (if any).

Section 3. CONSTRUCTION WORKERS’ COMPENSATION INSURANCE

Article 26. The insured and minimum sum assured

1. The construction contractors is legally obligated to purchase the construction workers’ compensation insurance for their workers who are assigned to work on construction sites as stipulated in regulations of laws.

2. The minimum sum assured for construction  workers’ compensation insurance shall be VND 100,000,000/person/ occurrence.

Article 27. Coverage

The insurer has the liability to reimburse the construction contractor for  indemnities given to construction workers for disablement or death caused by occupational accidents  and occupational diseases on the construction site, other than those specified in the exclusion clause stipulated in Article 5 of this Circular

Article 28. Period of insurance

1. The period of insurance shall commence from  the date  an insured worker starts working on construction site until the end of the construction works warranty period as stipulated by Law.

2. The exact period of insurance  during which a construction worker is covered is  determined based on employment contract and documents on the actual working time of the construction worker on the construction site certified by the construction contractor.

Article 29. Premiums and payment of premiums

1. The premiums of workers’ compensation insurance are defined by Annex 9 attached hereto.

2. According to the level of risks of the insured, the insurer shall be entitled to adjust the premium increased by up to 25% of the premium calculated in accordance with Annex 9 attached hereto.

3. Premium payment clauses shall be mutually agreed by the policyholder and the insurer and must be stated in the insurance policy.  To be specific:

a) In case of lump-sum payment: The premium shall be paid within 30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period. For the insurance period of less than 30 days, the deadline of payment shall not exceed the insurance period.

b) In case of installment: The insurer and policyholder shall reach an agreement on installation of premiums in writing as follows:

- The first installment: 50% of the total (provisional) premium shall be paid within  30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period. The following installments shall be made as agreed by the insurer and policyholder in the originally-concluded insurance policy.

- In every circumstance, the maturity date must not be later than the expiry date of insurance policy

4. In case of variation in the number of insured workers and changes in worker’s tasks, the following procedure shall apply:

a) Before the 15th of the month immediately following the month of variation and changes, the construction contractor shall send the insurer a written notice of such changes or variation enclosed with a list of the additional or downsized workers (in case of variation of the number of workers), or a job description undertaken by workers (in case of changes in jobs/tasks).

b) In case that the number of workers increases and change in jobs causes aggravation of covered risks, the construction contractor must pay an additional premium before the 15th of the month immediately succeeding the month of notice.

In case that the number of workers increases and change in jobs alleviates the severity of covered risks, the insurer shall refund an amount of the premium adjusted decreased in proportion to the remaining period of insurance before the 15th of the month immediately succeeding the month of notice.

d) If the construction contractor duly takes on obligations specified in point a and c of this Clause, the insurance policy shall automatically validate or shall be terminated upon the increase or downsizing of workers according to the list of additional or downsized workers; the insurance policy shall automatically validate in case of changes in worker’s jobs/tasks from the date on which it occurs as reported in writing by the insurer.

5. Subject to the insurer’s consent, the policyholder could delay making payment of the premium. This delay in payment of premiums shall be prescribed in the insurance policy and must be subject to the condition that the policyholder has collateral properties or payment guarantees as stipulated in the regulations of laws.

Article 30. Liability to buy insurance

Every policyholder shall be obliged to purchase the compulsory workers’ compensation insurance for construction workers on construction sites.

Article 31. Principles of indemnity

1. When an occupational accident or disease occurs to any construction worker on a construction site, both policyholder and the insurer shall jointly take on liability to indemnify as follows:

a) As to the policyholder:

- Immediately notify the insurer of the insured event via proper means of communication, then in writing made by using Annex 11 attached hereto within 14 days from the date of occurrence.

- Take all steps within the capacity to minimize the extent of loss or damage.

- Provide the insurer with documents required in the claim application as stipulated Article 32 hereof and facilitate verification of such documents by the insurer.

- Implement, co-ordinate or permit the insurer to take  actions and measures which are necessary or are required by the insurer to protect the insurer’s interests after indemnification against Loss or damage within the liability prescribed herein.

b) As to insurers:

- Provide instructions and cooperate with the policyholder and relevant entities in collection of complete documents for preparation of the claim application; determine causes and severity of injuries.

- In case the claim is accepted, the insurer shall make a notice of indemnification in writing.

- In case of rejection, the insurer shall specify reasons for rejection in writing.

2. If a worker’s injury or death as a consequence of any occupational disease or accident occurring during the construction on the construction site is within the coverage, the insurer must cover expenses as agreed by the construction contractor   and the insured worker or insured worker’s legal representative (in case of dead). Such covered expenses shall be specified as follows:

a) Allowance during the period of treatment prescribed by doctors which is calculated based on the patient’s salary stated in the employment agreement but shall not exceed the salary of six months per occurrence.

c) Actual expenses including reasonable and necessary expenses for emergency services and outpatient and inpatient treatment but not exceeding 100 million dong/person/AOA.

c) If an insured worker loses less than 81% of his/her work capacity, the indemnity by severity of bodily injury shall be determined according to the Schedule of Indemnities in Annex 12 attached hereto.

d) If an insured worker dies or permanently loses 81% of his/her work capacity or more, the insurer shall pay an indemnity of 100 million dong/person/AOA.

The total indemnity as stipulated in point a, b, c and d of this clause shall not exceed 100 million dong/person/AOA.

3. In case that the insured worker’s injury caused by any occupational accident and disease becomes exacerbated due to pre-existing injury and illness, the insurer shall not be liable for the exacerbation of injury.

4. Regarding indemnification under point b clause 2 of this Article, If the policyholder enters into workers’ compensation insurance policies with 02 or more insurers covering the same subject under the same condition and insured event, then each insurer shall only be liable to indemnify or contribute their ratable proportion of their agreed sum assured to the total sum insured of all the insurance policies.

Article 32. Claim Applications

The insurer shall cooperate with the policyholder, the insured and relevant agencies in collection of relevant documents for formulating the claim application. Documents requested in a claim application:

1. A notice of occupational diseases/ accidents and claim request form made by the insurer using the Annex 11 attached hereto.

2. Documents related to the insured, including:

a)  The insurance policy, Certificate of insurance (if any), employment contract signed by the insured and worker suffering from occupational diseases and/or accidents.

b) The worker’s written claims for occupational diseases and accidents (if any).

3. Proofs of bodily injuries or death due to occupational accidents (copies certified by the competent authorities or by the insurer or the insurer’s representative after collating with the original copies).

a) An occupational accident investigation report (if any) prepared by the competent authority. Where a traffic accident is determined as an occupational accident, traffic accident report or scene investigation report and the diagram of the traffic accident scene prepared by the competent authority shall be submitted.

b) Depending on the severity of bodily injury, one or certain following documents may be included: Injury certificate, hospital discharge certificate, surgery record, medical documents, death certificate and certificate of inheritance (in case of dead).

c) A work capacity certificate issued by Board of Medical Examiner (in the event of loss of 5% of work capacity or more).

d) Original copies of valid invoices and documents certifying treatment of injuries caused by the occupational accident issued by the medical facility.

4. Proofs of injuries or death due to occupational diseases:

a) An environmental hazard measurement record issued by competent authorities. If this record is made for 2 people or more, each of them must keep one copy.

b) A hospital discharge certificate (or occupational disease examination records if the worker does not receive treatment in any hospital), surgical record, medical record, death certificate and certificate of inheritance (in case of dead).

c) A work capacity certificate issued by Board of Medical Examiner ( in the event that the insurer makes indemnification in accordance with the Schedule of indemnities stipulated in Annex 12 attached hereto).

d) Valid invoices and documents certifying treatment of injuries caused by the occupational accident issued by the medical facility.

5. Proofs of reimbursement by the construction contractor for injuries and dead caused by occupational diseases and accidents within the coverage (if any).

6. Other relevant documents (if any).

Section 4.THIRD-PARTY CIVIL LIABILITY INSURANCE

Article 33. The insured and coverage

1. The contractor shall be obliged to purchase the third-party civil liability insurance for the third party when the project is executed.

2. Insurers shall be liable to reimburse the contractors if the contractors are requested to indemnify for loss or damage to third party incurred within the coverage due to the contractor’ faults within the period of insurance.

Article 34.Implementation of insurance

The third-party civil liability insurance shall be applied to the third party in accordance with relevant regulation of laws and the following instructions:

1. Insurers shall actively establish insuring clauses, policy wording and schedules of premiums of the third-party civil liability  insurance in accordance with point b clause 4 Article 39 of the Government’s Decree No.73/2016/ND-CP dated July 01, 2016 detailing the Law on Insurance Business, Law on amendments and supplement to a number of Articles of the Law on Insurance Business and amendments and supplement thereto (if any).

2. Settlement of premiums of the third-party civil liability insurance shall be conducted as follows:

a) In case of lump-sum payment: The premium shall be paid within 30 days from the commencement date of the insurance period. For the insurance period of less than 30 days, the maturity date shall not be later than the insurance period.

b) In case of installment: The insurer and policyholder shall reach an agreement on installation of premiums which is made in writing as follows:

- The first installment: 50% of the total (provisional) premium shall be paid within  30 days from the effective date of the insurance policy and no later than 30 days from the commencement date of the insurance period. The following installments shall be made as agreed by the insurer and policyholder in the originally-concluded insurance policy.

- In every circumstance, the deadline for payment of premium must not exceed the insurance period prescribed in the insurance policy

3. Subject to the insurer’s consent, the policyholder could delay making payment of the premium. This delay in payment of premiums shall be prescribed in the insurance policy and must be subject to the condition that the policyholder has collateral properties or payment guarantees as stipulated in the regulations of laws.

Secion 5. FINANCIAL REGIME AND REPORTING REGIME

Article 25. Financial regime

Insurers providing compulsory insurance for construction activities shall:

1. Comply with the financial regime stipulated in the law on insurance business and relevant regulations of laws.

2. Enter premium revenues, insurance commissions, indemnities and other expenses related the compulsory insurance for construction activities into separate accounts.

Article 36. Reporting regime

The insurer shall prepare and submit the reports on compulsory insurance for construction activities as follows:

1. As for periodic reports: Every insurer shall prepare and submit quarterly and annual reports (both electronic and physical copies) by using the form in Annex 13, 14 and 15 attached hereto. To be specific:

a) Quarterly reports shall be submitted within 30 days from the end of the reported quarter.

b) Annual reports shall the submitted within 90 days from the end of the reported year.

2. Surprised reports shall be submitted upon request of the Minister of Finance.

Chapter III

IMPLEMENTATION

Article 37. Transitional provisions

Construction insurance policies signed before the effective date of this Circular shall be continued to be executed in accordance with the applicable laws at the time of signature.

Article 38. Entry into force

1. This Circular enters into force from March 01, 2017.

2. Any issue arising in connection with implementation of this Circular should be promptly reported to the Ministry of Finance. /.

 

 

PP.MINISTER
DEPUTY MINISTER




Tran Xuan Ha

 

ANNEX 7

SCHEDULE OF PREMIUMS, SURCHARGES AND DEDUCTIBLE OF CONSTRUCTION WORKS INSURANCE
(Enclosed with the Circular No.329/2016/TT-BTC dated December 26, 2016 by the Ministry of Finance)

I. INSURED CONSTRUCTION WORKS WHICH IS EXCLUSIVE OR INCLUSIVE OF THE INSTALLATION VALUED AT LESS THAN 50 % OF THE TOTAL VALUE OF INSURED WORK ITEMS

1. Construction works valued at less than 700 billion dong

a) The premium schedule:

No.

Types of construction works

Percentage of premium ( by the value of the construction works)

Deductible

1

CIVIL WORKS

 

 

1.1

Housing

 

 

1.1.1

Apartment building, tenements, dorms up ranked grade III or higher; tourist accommodation establishments having 50 rooms or more; residential establishments for use of 500 occupiers or having 100 households or more

 

 

1.1.1.1

No basement

0.8

M

1.1.1.2

1 or 2 basements

1.2

M

1.1.1.3

More than 02 basements

1.5

M

1.1.2

Detached houses having at least 7 storey, ranked grade II or higher

 

 

1.1.2.1

No basement

0.8

M

1.1.2.2

1 or 2 basements

1.1

M

1.1.2.3

More than 02 basements

1.4

M

1.2

Public works

 

 

1.2.1

Education construction works, grade III or higher

 

 

1.2.1.1

No basement

0.8

M

1.2.1.2

1 or 2 basements

1.2

M

1.2.1.3

More than 02 basements

1.5

M

1.2.2

Health facility,  grade III or higher; other health facility having 50 sickbeds or more

 

 

1.2.2.1

No basement

0.8

M

1.2.2.2

1 or 2 basements

1.2

M

1.2.2.3

More than 02 basements

1.5

M

1.2.3

Sport facility

 

 

1.2.3.1

Outdoor sport facility of grade III or higher ( excluding sport ground); golf courses with the area of 10ha ore larger

1.5

M

1.2.3.2

Indoor sport facility, grade III or higher

1.4

M

1.2.3.3

Other sport facility, grade III or higher

1.2

M

1.2.4

Cultural construction works ranked grade III or higher (Convention center, theatres, houses of culture, clubs, cinema, circus, pubs; Museum, libraries, exhibition halls; Amusement and entertainment facility ranked grade III or higher or having an area from 10 ha or larger; other  construction works for culture); resorts with the area of 10 ha

 

 

1.2.4.1

No basement

0.8

M

1.2.4.2

1 or 2 basements

1.2

M

1.2.4.3

More than 02 basements

1.5

M

1.2.5

Construction works, grade III or higher, for commerce, services and offices  of socio-professional organizations, public service providers and enterprises (Multifunctional complexes, hotels,; office buildings of socio-professional organizations, public service providers and enterprises; shopping malls, supermarkets ranked grade III or higher or having floor area of 10.000 m2 or larger; Stores, restaurants, cafeteria and other similar works); Communication buildings (post office) from grade III upward; grade I and grade II markets in cities, towns.

 

 

1.2.5.1

No basement

1.1

M

1.2.5.2

1 or 2 basements

1.4

M

1.2.5.3

More than 02 basements

1.7

M

1.2.6

Cable cars for transport of passengers; cable cars with the length of 500 m or longer

4.0

N

1.2.7

Terminals

 

 

1.2.7.1

Airports

2.0

M

1.2.7.2

Harbors railway stations; grade III bus stations ; bus stations or higher, railway stations with area of 5 ha or larger

2.0

M

2

INDUSTRIAL WORKS

 

 

2.1

Building material factories

 

 

2.1.1

Cement production factories; Clinker  production factories with output of at least 100,000 tonnes per year; factories for producing bricks, fibro with output of at least 100 million unit per year or at least 500,000 m2 of fibro per year; tile production factories with output of at least 500,000 m2 per year; facility for production of other construction materials with output of at least 50,000 tonnes per year ; factories for production of hot plastic concrete, commercial concrete and others with output of at least 100 tonnes per day.

2.6

M

2.1.2

Grade III building material mines or higher

2.6

M

2.1.3

Building material production facility ranked grade III or higher

2.4

M

2.2

Metallurgical plants and mechanical factories

 

 

2.2.1

Facility for cutting and rolling metal with output from 2,000  tonnes per year

1.9

M

2.2.2

Metallurgical plants using scraps or metallurgical plants with the output of at least 1,000 tonnes/year if using other materials.

2.1

M

2.2.3

Facility for manufacture of containers and trailers with the output of at least 500 containers and/or trailers per year or for repair of at least 2,500 containers and/or trailers per year.

2.1

M

2.2.4

Facility for building, repairing and assembling of locomotives, carriages; Facility for production, repair and assembly of motor bikes and/or automobiles with the output of at least 5,000 motor bikes/year or 500 cars/year

1.9

M

2.2.5

Facility for building and repair of  ships with the deadweight tonnage of 1,000 DWT or more

2.1

N

2.2.6

Facility for manufacture of machinery, equipment and instruments with the capacity of at least 1,000 tonnes /year

1.9

M

2.2.7

Facility for plating, spraying and polishing metals with the capacity of at least 500 tonnes /year

1.9

M

2.2.8

Facility for shaped aluminium and steel with the output of at least 2,000 tonnes/year

2.3

N

2.2.9

Other grade III metallurgical and mechanical plants   or higher

2.3

N

2.3

 open pit mining and mineral processing projects

 

 

2.3.1

Projects for solid mineral mining (not using harmful chemicals, industrial explosives) with volume of  at least  50,000 m3 /year  or total volume of ( at least  1,000,000m3 (minerals, rock tailings)

2.3

N

2.3.2

Projects for sand, gravel extraction with the capacity of at least 50,000m3 per year; projects for extraction of materials for leveling with the capacity of at least 100,000m3 per year

2.3

N

2.3.3

Projects for processing of solid minerals not using harmful chemicals with the capacity of at least 50,000m3 per year  or total volume of tailings of at least 500,000m3 per year

2.3

N

2.3.4

Projects for water extraction  for production, business, service and domestic use with the capacity of at least 3,000m3/day for underground water or at least 50,000m3 for surface water

2.5

N

2.3.5

Projects for  extraction of natural mineral water, hot springs (underground or surface) with the capacity of at least 200 m3/day (for bottled water) or 500m3/day for water for other purposes

2.5

N

2.3.6

Grade III projects for mineral  mining and processing or higher

4.0

N

2.4

Oil & gas facility

 

 

2.4.1

Grade III refineries and gas processing plants or higher; petrochemical refineries (excluding projects for LPG extraction, refueling and lubricant production), facility for production of petrochemical products with the capacity of at least 500 tonnes per year, drilling fluids, petro chemicals; oil and gas pipelines with the length of 20 km or longer; oil and gas transit centers

5.0

M

2.4.2

Oil and petrol depots, petrol stations with the capacity of 200 m3 or more

3.0

M

2.5

Energy projects

 

 

2.5.1

Grade-III thermopower stations or higher

3.0

N

2.5.2

Grade-III wind power stations (wind farms) or higher; or wind power stations ( wind farms)  with the area of at least 100 ha

3.0

N

2.5.3

Grade-III solar photovoltaic plants or higher  or having the area of at least 100 ha

2.6

N

2.5.4

Grade-III hydropower plants or higher; or those having reservoirs with the capacity of at least 100,000m3 or power of at least 10 MW  

7.5

M

2.5.5

110 kV power transmission lines or higher; 500 Kv substations

2.5

M

2.5.6

Factories for manufacturing, processing of electronic components and spare parts with the capacity of at least 500,000 products/year; electronic equipment with the capacity of 500 tonnes/year   

1.5

M

2.5.7

Other energy projects of grade III or higher

2.0

M

2.6

Chemical facility

 

 

2.6.1

Fertilizer and pesticide manufacturers

 

 

2.6.1.1

Chemical fertilizer plants with the capacity of at least 1,000 tonnes/ year

1.5

M

2.6.1.2

Pesticide warehouses with the capacity of 500 tonnes or more and fertilizer warehouses with the capacity of at least 5,000 tonnes

1.5

M

2.6.1.3

Pesticide manufacturers

1.2

N

2.6.1.4

Facility for bottling, storage of fertilizers with the capacity of at least 300 tonnes per year

1.2

N

2.6.1.5

organic fertilizer and microbial fertilizer plants with the capacity of at least 10,000 tonnes per year

1.2

N

2.6.2

Facility for production of chemicals, medicines, cosmetics, plastics

 

 

2.6.2.1

Facility for production of medicines; veterinary medicines, medicine ingredients (including pharmaceutical raw ingredients and excipient) with the capacity 50 tonnes per year

2.0

N

2.6.2.2

Cosmetics manufacturers with the capacity of at least 50 tonnes/ year

2.0

N

2.6.2.3

Facility for production of chemicals, plastics , plastic products and paints with the capacity of at least 100 tonnes/ year

2.0

N

2.6.2.4

Facility for production of plastic, plastic bead with output from 1,000 tonnes /year

2.0

N

2.6.2.5

Facility for production of detergent, additives with the capacity of at least 1,000 tonnes/year

2.0

N

2.6.2.6

Facility for production of propellant, gunpowder, fire equipment

3.0

N

2.6.2.7

Facility for production of industrial explosives; fixed explosive warehouse with the capacity of at least 5 tonnes ; chemical  warehouse with the capacity of 500 tonnes or more

3.0

N

2.6.2.8

Facility for production of salt from sea water with the area of  at least 100ha

1.5

N

2.6.3

Grade –III chemical plants or higher

2.0

N

2.7

LIGHT INDUSTRIAL WORKS

 

 

2.7.1

Food production and processing facility

 

 

2.7.1.1

Food production and processing facility with the capacity of at least 500 tonnes/year

1.8

M

2.7.1.2

Centralized cattle and livestock slaughterhouse with the capacity of at least 200 cattle/day or 3,000 livestock/day

1.8

M

2.7.1.3

Facility for processing of fisheries, fish powder and by-products with the capacity of at least 100 tonnes per year

1.8

M

2.7.1.4

Facility for production of sugar with the capacity of at least 10,000 tonnes per year

1.8

M

2.7.1.5

Facility for production of alcohol with the capacity of at least 500,000 liters/year

1.8

M

2.7.1.6

Facility for production of beer and beverage with the capacity of at least 10,000,000 litter per year

1.8

M

2.7.1.7

Facility for production of monosodium glutamate (MSG) with the capacity of at least 5,000 tonnes per year

1.8

M

2.7.1.8

Facility for production of milk with the capacity of at least 10,000 tonnes per year

1.8

M

2.7.1.9

Facility for production and processing of cooking oil with the capacity of at least 10,000 tonnes per year

1.8

M

2.7.1.10

Facility for production of confectionery with the capacity of at least 5,000 tonnes per year

1.8

M

2.7.1.11

Facility for production of bottled fresh water, bottled mineral water with the capacity of at least 2,000 m3 per year

1.8

M

2.7.2

Agriculture product processing facilities

 

 

2.7.2.1

Facility for production of cigarette, tobacco ingredients with the capacity of at least 100,000,000 cigarettes per year or 1,000 tonnes of ingredients per year

1.5

M

2.7.2.2

Facility for production and processing of agricultural product, starch product with the capacity of at least 10,000 tonnes per year if dry processing technology is applied; or at least 1,000 tonnes of product per year if fresh processing  technology is applied

1.5

M

2.7.2.3

Facility for production of tea, cashew, cocoa, coffee, pepper with the capacity of at least 5,000 tonnes per year if dry processing technology is applied; from 1,000 tonnes per year if fresh processing technology is applied

1.5

M

2.7.3

Projects for processing wood, glass, ceramics

 

 

2.7.3.1

Facility for production of wood and woodchips from natural wood with the capacity of at least 3,000 m3 per year

2.0

M

2.7.3.2

Facility for production of plywood with the capacity of at least 100,000 m2 per year

2.0

M

2.7.3.3

Facility for production of wooden products having warehouses, factories with the total area of at least 10,000 m2

2.0

M

2.7.3.4

Facility for production of lamp bubbles and flasks with the capacity of at least 1,000,000 products per year

1.5

M

2.7.3.5

Facility for production of ceramic, glass with the capacity at least 1,000 tonnes per year or 10,000 products per year

1.2

M

2.7.4

Paper and stationery production facilities

 

 

2.7.4.1

Facility for production of paper pulp and paper from raw materials with the capacity of at least 300 tonnes per year

2.0

M

2.7.4.2

Facility for production of paper, carton package from paper pulp or scraps with the capacity of at least 5,000 tonnes per year

2.0

M

2.7.4.3

Stationery production facility with the capacity of at least 1,000 tonnes/ year

2.0

M

2.7.5

Facilities in textile, dyeing and garments

 

 

2.7.5.1

Facility for dyeing, textile and dyeing

1.5

M

2.7.5.2

Facility for textile without dyeing having the capacity with at least 10,000,000 m2 of fabric per year

1.2

M

2.7.5.3

Facility for production and processing of textile products with the capacity of at least 50,000 products per year if bleaching is included; or at least 2,000,000 product per year  in case  bleaching is excluded;

1.2

M

2.7.5.4

Facility for industrial laundry with the capacity of at least 50,000 products per year

1.2

M

2.7.5.5

Facility for production of silk yarn, cotton yarn, artificial yarn with the capacity of at least 1,000 tonnes per year

1.2

M

2.7.6

Husbandry farms and animal feed processing facilities

 

 

2.7.6.1

Facility for production of animal feed with the capacity of at least 1,000 tonnes per year

1.0

M

2.7.6.2

Facility for aquaculture with water surface area of at least10ha; or extensive aquaculture farm with the area of at least 50 ha

4.0

M

2.7.6.3

Facility for farming cattle, poultry with lodging area of at least 1,000 m2; facility for farming, caring of wild animal with lodging area of at least  500 m2

1.0

M

2.7.7

Other light industrial works

 

 

2.7.7.1

Facility for processing of rubber and rubber latex with the capacity of at least 1,000 tonnes per year

1.5

M

2.7.7.2

Facility for production of medical equipment  and medical rubber and plastics with the capacity of at least 100,000 products per year

1.5

M

2.7.7.3

Facility for production of footwear with the capacity of at least 1,000,000 pairs per year

1.5

M

2.7.7.4

Facility for production of rubber tyres (car tyre  and /or trailer production facility having the capacity of at least 50,000 products per year; facility for production of tyre for motors, bicycles having the capacity of 100,000 products per year)

1.8

M

2.7.7.5

Project for construction of facility for producing ink and other printing materials with the capacity of at least 500 tonnes of ink per year ; or 1,000 products per year (for other printing materials)

1.8

M

2.7.7.6

Facility for production battery, battery cell with the capacity of at least 50,000 Kwh per year or 100 tonnes per year

2.5

M

2.7.7.7

Tanning production facilities

1.8

M

2.7.7.8

Facility for production of CO2 gas  and facility for extraction, refueling, liquefying of industrial gas with other capacity of at least 3,000 tonnes per year

2.5

M

2.7.7.9

Ship  dismantling and flushing  facility

3.0

M

3

INFRASTRUCTURES

 

 

3.1

Water supply

 

 

3.1.1

Water supply plant and clean water treatment plant

3.0

N

3.1.2

raw water, clean water or pressurized pumping station (including pump station and water tanks if the pumping station is placed on the water tanks)

2.0

N

3.2

Water drainage

 

 

3.2.1

Detention basin

5.0

N

3.2.2

Stormwater pump stations (including pump station and water tanks if the pumping station is placed on the water tanks)

3.0

N

3.2.3

Wastewater treatment plant

3.0

N

3.24

Wastewater pump stations (including pump station and water tanks if the pumping station is placed on the water tanks)

3.0

N

3.2.5

Sludge treatment plant

4.0

N

3.2.6

Project of construction or renovation of municipal domestic drainage system with the length of 10 km or longer

2.5

N

3.3

Waste treatment and recycling

 

 

3.3.1

Grade-II non-hazardous solid waste treatment  facility or higher

2.5

N

3.3.2

Hazardous waste treatment and recycling facility ; hazardous solid waste treatment and recycling facility with capacity of 10 tonnes or more

2.5

N

3.3.3

Centralized municipal wastewater treatment system or centralized industrial wastewater treatment system

2.5

N

3.3.4

Grade-II waste treatment and recycling facility or higher

3.0

N

3.4

Information and communication works

 

 

3.4.1

Tower station for telecommunication, radio, TV, BTS level 3 or higher

2.5

N

3.4.2

Grade-II telecommunication  cable or higher

3.0

N

3.5

Car and motorbike parking lot

 

 

3.5.1

 Grade-II underground parking garage or higher

4.5

N

3.5.2

 Grade-II above-ground parking garage

1.2

N

3.6

Cable system, Technical trenches, technical tunnel grade II or higher

1.5

N

3.7

Other infrastructures

 

 

3.7.1

Infrastructure in municipal residential area with area of at least 5ha

1.5

N

3.7.2

Infrastructure of industrial zone, high-tech industrial zone, group of industrial zone, processing zone, trading zone, producing village and other central of production and trading

1.5

N

4

TRAFFIC INFRASTRUCTURES

 

 

4.1

Road

 

 

4.1.1

Highway  

4.0

N

4.1.2

Roads for automobiles in urban areas, grade I or higher

2.5

N

4.1.3

Grade-IV road with the length of at least 50km in mountainous regions

4.0

N

4.2

Railway

 

 

4.2.1

Railway on the ground

1.5

N

4.2.2

Overhead railway

3.0

N

4.2.3

Tunnel railway

3.5

N

4.3

Bridge

 

 

4.3.1

Road bridge ranked grade III or higher, road bridge with the length of at least 500 m (excluding transition path)

6.0 (the premium shall be added 0.1 ‰  in proportion to every increase in the grade of the construction works)

N

4.3.2

Footbridges raked at grade III or higher

2.0 (the premium shall be added 0.1 ‰  in proportion to every increase in the grade of the construction works)

N

4.3.3

Railway bridge ranked grade III or higher, railway bridge with the length of at least 500 m (excluding transition path)

6.0 (the premium shall be added 0.1 ‰  in proportion to every increase in the grade of the construction works)

N

4.3.4

Pontoon bridges ranked at grade III or higher

6.0 (the premium shall be added 0.1 ‰  in proportion to every increase in the grade of the construction works)

N

4.4

Underground transport works; Tunnel (road tunnel, rail tunnel, pedestrian tunnels ranked  grade III or higher; tunnel for metro railway)

 

 

4.4.1

Underwater

12.0

N

4.4.2

Underground

10.0

N

4.5

inland waterway works

 

 

4.5.1

Inland  ports,  inland wharves

7.0

N

4.5.2

River ports for the docking of ships with deadweight tonnage of 1,000 DWT or more

8.0

N

4.5.3

Waterway with width (B) and depth (H) (including buoys, regulation works) ranked grade III or higher

8.0

N

4.6

Maritime works

 

 

4.6.1

Seaport for the docking of ships with deadweight tonnage of 1,000 DWT or more

10.0

N

4.6.2

asylum harbor for dock of ships with the deadweight tonnage of 1,000 DWT or more

10.0

N

4.6.3

Other maritime works ranked grade II or higher

10.0

N

4.7

Aviation works

 

 

4.7.1

Airport (take-off and landing lane, cargo terminals with capacity of at least 200,000 tonnes of cargo per year, lounges)

3.0

N

4.7.2

Other works in airfield ( including construction works for air navigation) 

3.0

N

5

AGRICULTURAL AND RURAL DEVELOPMENT WORKS

 

 

5.1

Irrigation works

 

 

5.1.1

water supply works ranked grade II or higher; drainage and irrigation works, for an area of at least 500ha  for use in agriculture, aquaculture, forestry

5.0

N

5.1.2

 Reservoirs ranked grade III or higher; or reservoir having the capacity of at least 100,000 m3

8.0

N

5.1.3

Barriers ranked grade III or higher

4.0

N

5.1.4

Dam and other pressurized irrigation works

10.0

N

5.2

Dyke, embankment with length of at least 1,000 m

10.0

N

6

OTHERS

 

 

6.1

Cemetery with the area of at least 20 ha, cremation center

1.0

N

6.2

Reclamation works with the length of the coastal boundary of at least 1,000m or reclaimed area of at least 5ha

12.0

N

Note:

M, N denote the types of deductible stipulated in item c of this point.

b) Surcharges:

According to the specific location of the projects and risk-related factors, the surcharge shall be calculated as follows:

No.

Province

Risks of flood, storm (‰ by the value of the construction works or work item and/or installations thereof)

Risks of subsidence, earthquake (‰ by the value of the construction works or work item and/or installations thereof)

1

Hanoi

0.3

0.1

2

Ho Chi Minh

0.3

0.1

3

Hai Phong

0.2

0.0

4

Cao Bang

0.1

0.1

5

Ha Giang

0.2

0.2

6

Tuyen Quang

0.1

0.2

7

Lang Son

0.1

0.2

8

Lai Chau

0.1

0.2

9

Dien Bien

0.1

0.2

10

Lao Cai

0.1

0.2

11

Yen Bai

0.1

0.2

12

Thai Nguyen

0.1

0.2

13

BacKan

0.1

0.2

14

Son La

0.1

0.2

15

Vinh Phuc

0.2

0.2

16

Phu Tho

0.2

0.1

17

Bac Giang

0.2

0.1

18

Bac Ninh

0.2

0.1

19

Quang Ninh

0.2

0.1

20

Hoa Binh

0.1

0.1

21

Hai Duong

0.2

0.1

22

Hung Yen

0.2

0.1

23

Thai Binh

0.2

0.1

24

Ha Nam

0.3

0.1

25

Nam Dinh

0.3

0.1

26

Ninh Binh

0.2

0.1

27

Thanh Hoa

0.3

0.1

28

Nghe An

0.3

0.2

29

Ha Tinh

0.3

0.2

30

Quang Binh

0.3

0.2

31

Quang Tri

0.3

0.2

32

Thua Thien Hue

0.3

0.2

33

Quang Nam

0.3

0.2

34

Danang

0.3

0.2

35

Quang Ngai

0.3

0.2

36

Binh Dinh

0.3

0.1

37

Phu Yen

0.3

0.1

38

Khanh Hoa

0.3

0.1

39

Ninh Thuan

0.3

0.1

40

Binh Thuan

0.3

0.1

41

Gia Lai

0.1

0.1

42

Kontum

0.1

0.1

43

Daklak  

0.1

0.1

44

Dak Nong

0.1

0.1

45

Lam Dong

0.1

0.1

46

Binh Duong

0.1

0.1

47

Binh Phuoc

0.1

0.1

48

Tay Ninh

0.1

0.1

49

Dong Nai

0.1

0.1

50

Long An

0.2

0.1

51

Dong Thap

0.2

0.1

52

An Giang

0.2

0.1

53

Tien Giang

0.2

0.1

54

Ben Tre

0.3

0.1

55

Vinh Long

0.2

0.1

56

Tra Vinh

0.2

0.1

57

Can Tho

0.2

0.1

58

Soc Trang

0.2

0.1

59

Kin Giang

0.2

0.1

60

Hau Giang

0.2

0.1

61

Bac Lieu

0.2

0.1

62

Ca Mau

0.2

0.1

63

Ba Ria-Vung Tau

0.3

0.1

c) Deductible rate:

The deductible rate of construction works insurance shall be conformable to the below table or shall equal 5% of total loss, whichever higher shall apply.

Dơn vị: triệu Dồng

 

Sum assured

DEDUCTIBLE “M”

DEDUCTIBLE “N”

Acts of God

Other events

Acts of God

Other events

Up to 10,000

       20,000

       100,000

       600,000

       700,000

100

150

200

300

500

20

30

60

80

100

150

200

300

500

700

40

40

80

150

200

2. For construction works valued at 700 billion dong or more or construction works not mentioned in Article 1 clause I of this Annex

 The insurer and policyholder shall reach an agreement on insuring clauses, policy wording, premiums and deductible on the basis of proofs certifying that the leading ceding company receives insurance ceded under the same insuring clauses, policy wording, premiums and deductible as those the insurer applies to the policyholder. Foreign ceding companies and organizations shall be those ranked at least BBB by the Standard & Poor’s or B++ by A.M.Best or the equivalent rank in the immediately preceding year of the ceding year by qualified and experienced rating organizations.

II. INSURED CONSTRUCTION WORKS INCLUDING INSTALLATION WORK AND COST OF INSTALLATION ACCOUNTING FOR AT LEAST 50 % OF THE TOTAL VALUE OF INSURED WORK ITEMS

1. Construction works valued at less than 700 billion dong

a) The premium schedule:

Code

Work items, types of installations thereof

Premium (‰ by value of work item, type of installations thereof)

Deductible
(Type)

1

CIVIL WORKS

 

 

1.1

Housing; educational construction works; medical examination and treatment establishments and other medical facility; sports facility; cultural construction works; resorts; construction works  for commerce, service and office buildings of socio-professional organizations, public service providers and enterprises; communication buildings (post office);  Market grade I, II in cities, town; terminals  

 

 

1.1.1

General installation

1.9

M

1.1.2

Heaters

1.7

M

1.1.3

Air conditioners 

2.0

M

1.1.4

Elevators

1.9

M

1.1.5

Kitchen appliances

2.3

M

1.1.6

Medical equipment

2.0

M

1.1.7

Sterilizing equipment

2.0

M

1.1.8

Chillers

1.7

M

1.1.9

Lighting equipment

1.7

M

1.1.10

Cinemas TV  and film studios

1.9

M

1.1.11

Cable cars

4.0

N

2

INDUSTRIAL WORKS

 

 

2.1

Building material factories

 

 

2.1.1

General

2.3

N

2.1.2

Cement factories

2.6

N

2.1.3

Concrete plants

2.3

N

2.1.4

Brick plants

2.6

N

2.1.5

Clinker plants

2.4

N

2.1.6

Title and fibro cement factories

3.0

N

2.1.7

Tile manufacturers

2.7

N

2.2

Metallurgical plants and mechanical factories

 

 

2.2.1

Iron and steel

 

 

2.2.1.1

Metallurgical plants

3.2

N

2.2.1.2

Iron smelters (block iron)

3.4

N

2.2.1.3

Steel production facility

3.4

N

2.2.1.4

Steel mills

3.1

N

2.2.1.5

Steel hot-rolling mills

3.2

N

2.2.1.6

Cold-rolling mills (thin plates)

3.2

N

2.2.1.7

Foundries

2.9

N

2.2.2

Non-ferrous metals

 

 

2.2.2.1

 metallurgical plants

3.4

N

2.2.2.2

Aluminium smelter

3.2

N

2.2.2.3

Mills

3.1

N

2.2.2.4

Hot-rolling mills

3.1

N

2.2.2.5

Cold-rolling mills

2.9

N

2.2.2.6

Foundries

2.9

N

2.2.3

Production of other metals 

3.4

N

2.3

Mineral  mining and processing

 

 

2.3.1

Open pit mining equipment

3.5

N

2.3.2

Coal open pit mining equipment

3.2

N

2.3.3

Equipment for ore open pit mining

3.2

N

2.3.4

Heavy dredging equipment for surface mining

2.8

N

2.3.5

Ore processing equipment

3.0

N

2.3.6

Other equipment

3.2

N

2.4

Oil & gas facility

 

 

2.4.1

Refineries, gas processing; petrochemical refineries (excluding projects for LPG extraction and lubricant production), facility for production of petrochemical products, drilling fluids, petro chemicals; oil and gas pipelines; oil and gas transit centers

6.0

N

2.4.2

Oil depots and petrol stations

2.3

N

2.5

Energy projects

 

 

2.5.1

Thermal power plants using fossil coal, oil and lignite ( temperature up to 5400C)

 

 

2.5.1.1

            Maximum 10 MW/machine

4.1

N

2.5.1.2

            Maximum 50 MW/machine

4.2

N

2.5.1.3

            Maximum 150 MW/machine

4.4

N

2.5.1.4

            Maximum 300 MW/machine

5.0

N

2.5.2

Steam turbine (tempt maximum 540o C)

 

 

2.5.2.1

            Maximum 50 MW

3.7

N

2.5.2.2

            Maximum 150 MW

5.6

N

2.5.2.3

            Maximum 300 MW

6.0

N

2.5.3

Generator in thermal plants

 

 

2.5.3.1

            Maximum 180 MVA

4.1

N

2.5.3.2

            Maximum 400 MVA

5.0

N

2.5.4

Boiler (and its accessories)

2.6

N

2.5.5

Tube boiler (tempt maximum  540o C)

 

 

2.5.5.1

            Maximum 50 tonnes/hour

2.4

N

2.5.5.2

            Maximum 200 tonnes/hour

2.6

N

2.5.5.3

            Maximum 1000 tonnes/hour

2.9

N

2.5.6

Other types of boilers

 

 

2.5.6.1

            Maximum 75 tonnes/hour

3.1

N

2.5.6.2

            Maximum 150 tonnes/hour

3.9

N

2.5.7

Heating boilers

2.4

N

2.5.8

Pipe

2.2

M

2.5.9

Diesel power plant

 

 

2.5.9.1

            Maximum 5000 KW/ machine

3.6

M

2.5.9.2

            Maximum 10000 KW/ machine

3.8

N

2.5.10

Generator in diesel power plant with maximum 12 MVA

3.8

N

2.5.11

Turbine engines in diesel power plant with maximum 5000 KW

 

 

2.5.11.1

- Installation

2.8

N

2.5.11.2

- Demolition

3.9

N

2.5.12

Switchyard

 

 

2.5.12.1

            Maximum 100 KV

2.6

N

2.5.12.2

            > 100 KV

3.0

N

2.5.13

Transformer

 

 

2.5.13.1

            Maximum 10 MVA

3.1

N

2.5.13.2

            Maximum 50 MVA

3.5

N

2.5.13.3

            Maximum 100 MVA

4.0

N

2.5.13.4

            Maximum 250 MVA

4.4

N

2.5.13.5

            Maximum 400 MVA

4.8

N

2.5.14

Power plant using industrial gas turbine

 

 

2.5.14.1

            Maximum 40 MW/ machine

4.9

N

2.5.14.2

            Maximum 60 MW/ machine

5.3

N

2.5.15

Wiring and renovation of electrical grid

3.2

N

2.5.16

Production and processing of electronic and electrical equipment, components and electronic appliances

3.5

N

2.5.17

Wind power plant, hydropower plant and photovoltaic power plant

4.5

N

2.6

Chemical facilities

 

 

2.6.1

Fertilizer and pesticide manufacturers

 

 

2.6.1.1

Fertilizer factory – normal type

2.5

N

2.6.1.2

Pesticide factory

2.0

N

2.6.2

Facilities for production of chemicals, medicines, cosmetics, plastics

 

 

2.6.2.1

Factory for processing plastic items

2.7

N

2.6.2.2

Pharmaceuticals and cosmetics production factory

2.5

N

2.6.2.3

Paint manufacturing factory

2.5

N

2.6.2.4

Vet nary drug factory

2.5

N

2.6.2.5

Factory for production of plastic products, plastic beads

2.7

N

2.6.2.6

Factory production of detergent, additives

2.5

N

2.6.2.7

Facility for production of propellant, gunpowder, fire equipment

4.5

N

2.6.2.8

Industrial explosive factory; explosive and chemical warehouses

4.5

N

2.6.2.9

Factory for production of  salt from seawater

4.0

N

2.6.3

Others

2.7

N

2.7

LIGHT INDUSTRIAL WORKS

 

 

2.7.1

Food production and processing facility

 

 

2.7.1.1

{0Food production facility

1.7

M

2.7.1.2

Cattle and poultry slaughterhouses

1.5

M

2.7.1.3

Factory for processing of fishery, fish powder and  aquatic animal by-products

1.9

M

2.7.1.4

Sugar factory

2.9

M

2.7.1.5

Alcohol, wine factory

1.9

M

2.7.1.6

Beer  factory

1.8

M

2.7.1.7

Beverage factory

1.8

M

2.7.1.8

monosodium glutamate factory

1.8

M

2.7.1.9

Milk production and processing factory

1.7

M

2.7.1.10

Cooling oil manufacturing equipment

1.8

M

2.7.1.11

Confectionery factory

1.8

M

2.7.1.12

Bottled water and fresh water production factory

1.8

M

2.7.1.13

Food industry and cattle feed production industry

1.8

M

2.7.2

Agriculture product processing facilities

 

 

2.7.2.1

Cigarette  and tobacco factory

2.2

M

2.7.2.2

Starch and agricultural product factory

1.8

M

2.7.2.3

Tea, cashew nut, cacao, coffee, peppers processing factory

1.8

M

2.7.3

Projects for processing wood, glass, ceramics

 

 

2.7.3.1

Wood processing

3.2

M

2.7.3.2

Plywood factory

3.2

M

2.7.3.3

Veneer factory

3.2

M

2.7.3.4

Household appliance factory

3.0

M

2.7.3.5

Lumber mill factory

3.1

M

2.7.3.6

Bulb and flask factory

3.2

M

2.7.3.7

Ceramic factory

3.6

N

2.7.3.8

Glass factory

3.2

M

2.7.4

Paper and stationery production facilities

 

 

2.7.4.1

Paper and packaging industry

3.8

N

2.7.4.2

Factory for production of pulp and paper from raw materials

3.8

N

2.7.4.3

Equipment for pulp and paper processing from raw materials

3.4

N

2.7.4.4

Factory for production of paper and packaging

3.8

N

2.7.4.5

Factory for processing of paper and packaging

3.4

N

2.7.4.6

stationery production factory

3.8

N

2.7.5

Facilities in textile, dyeing and garments

 

 

2.7.5.1

Textile industry

2.3

M

2.7.5.2

Factory for production of silk yarn, cotton yarn, synthetic yarn

2.0

M

2.7.5.3

Undyed textile factory

2.3

M

2.7.5.4

Laundry equipment

2.1

M

2.7.5.5

Drying and bleaching equipment

2.2

M

2.7.5.6

Drying equipment

2.3

M

2.7.5.7

Dyed textile factory

2.3

M

2.7.5.8

Factory for production and processing of textile products and garments

2.3

M

2.7.6

Husbandry farms and animal feed processing facilities

 

 

2.7.6.1

Animal feed processing

1.8

M

2.7.6.2

Animal feed processing factory

1.7

M

2.7.6.3

Cattle farm

2.0

M

2.7.6.4

Poultry farm

2.0

M

2.7.6.5

Wild animal farm

2.3

M

2.7.6.6

Aquaculture facility

2.7

M

2.7.6.7

Extensive farming facility

2.6

M

2.7.7

Other light industrial works

 

 

2.7.7.1

Facility for processing of rubber, rubber, manufacturing rubber tires

3.0

N

2.7.7.2

Factory for production of medical equipment from medical rubber and plastics

3.0

N

2.7.7.3

Footwear factory

3.0

N

2.7.7.4

Ink and printing material production facility

2.2

M

2.7.7.5

Battery factory

3.0

N

2.7.7.6

Tanning production facilities

2.2

M

2.7.7.7

Factory for production of CO2, extraction, refueling and liquefying of industrial gas

3.0

N

2.7.8

Ship  dismantling and flushing  facility

2.6

N

3

INFRASTRUCTURES

 

 

3.1

Water supply

 

 

3.1.1

Water treatment

2.7

M

3.1.2

Water supply plant

2.5

M

3.1.3

Clean water treatment plant

2.4

M

3.1.4

Water distribution system

2.7

M

3.1.5

Untreated/clean water pump station or pressurized pump station

2.7

M

3.2

Water drainage

 

 

3.2.1

Detention basin

6.5

N

3.2.2

Stormwater pump station

2.7

M

3.2.3

Wastewater treatment plant

2.4

M

3.2.4

Wastewater pump station

2.7

M

3.2.5

Sludge treatment plant

2.7

M

3.2.6

Water drainage

2.7

M

3.2.7

Water drainage system

2.5

M

3.2.8

Water tank

2.5

M

3.2.9

Renovation of residential and municipal drainage system

2.5

M

3.3

Waste treatment and recycling

 

 

3.3.1

Non-hazardous solid waste treatment  facility  

3.0

N

3.3.2

Hazardous waste treatment and recycling facility  

3.3

N

3.3.3

Centralized municipal wastewater treatment system or centralized industrial wastewater treatment system

3.0

N

3.3.4

Waste treatment and recycling facility

3.0

N

3.4

Information and communication works

 

 

3.4.1

Communication system

1.9

M

3.4.2

Switchboard

1.5

M

3.4.3

Cable ( including excavation)

2.3

M

3.4.4

Cable ( excluding excavation)

1.9

M

3.4.5

Radio and television equipment

1.9

M

3.4.6

Tower station for telecommunication, radio, TV and BTS

2.0

M

3.5

Car and motorbike parking lot

 

 

3.5.1

 Underground garage

2.5

N

3.5.2

 Above-ground garage

1.5

N

3.6

Cable system, Technical trenches, technical tunnel  

3.5

N

3.7

Other infrastructures

 

 

3.7.1

Infrastructure in municipal and residential area  

2.6

N

3.7.2

Infrastructure of industrial zone, high-tech industrial zone, group of industrial zone, processing zone, trading zone, producing village and other central of production and trading

2.6

N

4

TRAFFIC INFRASTRUCTURES

 

 

4.1

Road

 

 

4.1.1

Conveyor

1.8

M

4.1.2

Belt conveyor (except those for mining)

1.8

M

4.1.3

Cable railway

5.2

N

4.1.4

Tramway

2.0

N

4.2

Railway

 

 

4.2.1

Overhead monorail system

3.0

N

4.2.2

Assembly of wagons and locomotives of one-rail system (overhead)

2.3

N

4.2.3

Construction of overhead monorail system

3.0

N

4.2.4

Double-track railway ((except for railway 0140 and sub way 0150)

2.7

M

4.2.5

Assembly of wagons and locomotives of tow-rail system

2.3

M

4.2.6

Construction of double-track railway

2.8

M

4.2.7

Gears railway

3.0

N

4.3

Bridge

 

 

4.3.1

Road bridge

4.0

N

4.3.2

Pedestrian bridge

4.0

N

4.3.3

 Railway bridge

4.5

N

4.3.4

Platoons  

6.7

N

4.4

Underground transport works; Tunnel (road tunnel, rail tunnel, pedestrian tunnels )

 

 

4.4.1

Metro subway

4.5

N

4.4.2

Underwater

8.4

N

4.4.3

Underground

8.0

N

4.5

inland waterway works

 

 

4.5.1

Inland  ports,  inland wharves

7.5

N

4.5.2

River port for dock of ships

7.5

N

4.5.3

Waterways  

7.5

N

4.6

Maritime works

 

 

4.6.1

seaport for dock of ships

7.5

N

4.6.2

asylum harbor  

7.5

N

4.6.3

Other maritime works

7.5

N

4.7

Aviation works

 

 

4.7.1

Installation of equipment and machinery in airport

2.8

N

4.7.2

Air plane erection

3.0

N

4.7.3

Airport (take-off and landing lane, cargo terminals and lounges)

2.0

N

4.7.4

Other works in airfield

2.0

N

5

AGRICULTURAL AND RURAL DEVELOPMENT WORKS

 

 

5.1

Irrigation works

 

 

5.1.1

Construction works for water supply, irrigation and drainage

6.5

N

5.1.2

 Reservoir  

6.5

N

5.1.3

Dam and other pressurized irrigation works

6.5

N

5.2

Dyke and embankment

10.0

N

6

OTHERS

 

 

6.1

Cemetery and cremation center

2.0

N

6.2

Reclamation works

10.0

N

Note:

M, N denote the types of deductible  stipulated in item c ,  point 1 clause I of this Annex.

 

b) Surcharges:

Surcharges stipulated in point 1 clause II of this Annex shall apply in accordance with item b point 1 clause 1 of this Annex.

c) Deductible:

The deductible stipulated in point 1 clause II of this Annex shall apply in accordance with item c point 1 clause 1 of this Annex.

2.  For construction works valued at 700 billion dong or more; or those not mentioned in point 1 of this clause

 The insurer and policyholder shall reach an agreement on insuring clauses, policy wording, premiums and deductible on the basis of proofs certifying that the leading ceding company receives insurance ceded under the same insuring clauses, policy wording, premiums and deductible as those the insurer applies to policyholder. Foreign ceding companies and organizations shall be those ranked at least BBB by the Standard & Poor’s or B++ by A.M.Best or the equivalent rank in the immediately preceding year of the ceding year by qualified and experienced rating organizations.

 

 

ANNEX 8

SCHEDULE OF SURCHARGES AND DEDUCTIBLE OF PROFESSIONAL LIABILITY INSURANCE
(Enclosed with the Circular No.329/2016/TT-BTC dated December 26, 2016 by the Ministry of Finance)

1. Regarding construction works which is valued at less than VND 1,000 billion and is different from dams, docks, ports, piers, harbors, breakwaters and water irrigation construction works; construction works of airport, building of airplane, satellite, aerospace; ships or repair works; both onshore and offshore energy construction works; railway, tram, express train and underground projects, mining projects:

a) The premium schedule:

The premium of the professional liability insurance for construction consultants is calculated by percentage of the consulting contract and is presented in the following table:

Value of consulting contract

 

 

Up to 10 billion dong

Between 10 billion dong and 20 billion dong inclusive

Between 20 billion dong and 40 billion dong inclusive

Between 40 billion dong and 60 billion dong inclusive

Between 60 billion dong and 80 billion dong inclusive

Value of the construction works

Less than 40 billion dong

1.2%

1.52%

-

-

-

Between 40 billion dong and 60 billion dong inclusive

0.85%

1.12%

1.19%

-

-

Between 60 billion dong and 80 billion dong inclusive

0.8%

1.05%

1.16%

1.27%

-

Between 80 billion dong and 100 billion dong inclusive

0.75%

0.95%

1.07%

1.18%

1.34%

Between 100 billion dong and 120 billion dong inclusive

0.70%

0.88%

0.99%

1.11%

1.25%

Between 120 billion dong and 160 billion dong inclusive

0.65%

0.85%

0.94%

1.10%

1.22%

Between 160 billion dong and 200 billion dong inclusive

0.60%

0.76%

0.85%

0.95%

1.07%

Between 200 billion dong and 400 billion dong inclusive

0.51%

0.66%

0.76%

0.85%

0.95%

Between 400 billion dong and 600 billion dong inclusive

0.44%

0.60%

0.66%

0.76%

0.85%

Between 600 billion dong and 1,000 billion dong inclusive

0.41%

0.57%

0.60%

0.69%

0.82%

b) Deductible:

The deductible shall be 1% of the consulting contract value or 100 million dong, whichever  higher shall apply.

2. Regarding the construction works valued at 1,000 billion dong or more; or the consulting contract valued at above 80 billion dong or construction works to which the premium and deductible schedule prescribed in clause 1 of this Annex does not apply:

 The insurer and policyholder shall reach an agreement on insuring clauses, policy wording, premiums and deductible on the basis of proofs certifying that the leading ceding company receives insurance ceded under the same insuring clauses, policy wording, premiums and deductible as those the insurer applies to the policyholder. Foreign ceding companies and organizations shall be those ranked at least BBB by the Standard & Poor’s or B++ by A.M.Best or the equivalent rank in the immediately preceding year of the ceding year by qualified and experienced rating organizations.

 

ANNEX 9

PREMIUMS OF WORKERS’COMPENSATION INSURANCE
(Enclosed with the Circular No.329/2016/TT-BTC dated December 26, 2016 by the Ministry of Finance)

1. Annual premium schedule:

Occupation (*)

Premium/person

( percentage of 100 million dong)

Type 1

0.6

Type 2

0.8

Type 3

1.0

Type 4

1.2

2. Short-term premium schedule

Insurance period

Premium/person

(  percentage of the annual premium

Up to 03 months

40

From 3 months to less than 6 months

60

From 6 months to less than 9 months

80

From 9 months to less than 12 months

100

(*) Occupation classification:

Type 1: Occupations related to administrative, managerial, clerical works or similar jobs not requiring traveling. E.g: accountant, admin executive

Type 2:Non-manual occupations where there is some exposure to risk from work environment more dangerous than type 1 or which entail much travel and may occasionally include l manual work, light manual work E.g.: Civil engineer, construction site manager…

Type 3: Occupations requiring manual work and jobs under some exposure to risks more dangerous than type 2 .E.g. mechanical, electrical engineer and construction workers on sites.

Type 4: hazardous occupations in which workers may be frequent under threats of accidents and not specified in the above mentioned occupations.

 

ANNEX 12

SCHEDULE OF INDEMNITIES FOR CONSTRUCTION WORKERS
(Enclosed with the Circular No.329/2016/TT-BTC dated December 26, 2016 by the Ministry of Finance)

I. In case of death or loss of at least 81% of work capacity, the indemnity shall be 100 million dong. To be specific:

1. Permanent loss of 81% of work capacity or more due to:

a. Permanent loss of all sight in both eyes

b. Permanently incurable insanity

c. Permanent loss of all chewing and speaking functions (dumb)

d. Loss or palsy of both arms (from shoulder or elbow downwards) and legs (from the groin or knee downwards)

dd. Total loss of hands or feet, loss of 1 arm and 1 foot, or 1 arm and 1 leg, or 1 hand and 1 leg, or 1 hand and 1 foot

e. Total loss of work capacity (to be bedridden or total permanent disablement due to palsy or permanent disability)

g. removal of a whole lung and partially removal of the other

2. In case of permanent loss of 81% of work capacity or more according to the conclusion of Board of Medical Examiner (if any) or as below

II. Loss of work capacity of between 5% inclusive and 81% shall be indemnified 100 million dong multiplied with the percentage of loss of work capacity as follows:

Loss of work capacity

Percentage of loss of work capacity

PECTORAL LIMBS

 

1. Loss of an arm from the shoulder downwards (shoulder disarticulation)

75%

2. Amputation of arm from the below shoulder downward

70%

3. Amputation of one arm from below the elbow (elbow disarticulation)

65%

4. Loss of 1 hand or all 5 fingers on 1 hand

60%

5. loss of 4 fingers on 1 hand

40%

6. loss of both thumb and index finger

35%

7. loss of 3 fingers: index finger, middle finger and ring finger

30%

8. loss of 1 thumb and 2 other fingers

35%

9. loss of 1 thumb and 1 other fingers

30%

10. loss of 1 index finger and 2 other fingers

35%

11. loss of 1 index finger and 1 middle fingers

30%

12. Loss of 1 thumb and 1 phalanx

25%

loss of 1 thumb

20%

Loss of distal phalange

10%

Los of a half of a distal phalange

7%

13. Loss of 1 index finger and 1 phalanx

20%

Loss of 1 index finger

18%

Loss of 2 phalanges no. 2 & 3

10%

Loss of the phalange No.3

8%

14. Loss of 1 middle or ring finger (a whole  phalanx)

18%

Loss of 1 middle or ring finger

15%

Loss of 2 phalanges no. 2 & 3

8%

Loss of the phalange No.3

4%

15. Loss of 1 little finger and phalanx

15%

Loss of 1 little finger

10%

Loss of 2 phalanges no. 2 & 3

8%

Loss of the phalange No.3

4%

16. Ankylosis of shoulder blade joint

25%

17. Ankylosis of elbow joint

25%

18. Ankylosis of wrist joint

25%

19. Malunion or loss of bone that shortens the limb more than 3 cm and impede the rotation of the forearm

25%

20. Humerus fracture, malunion, limited movement of shoulder joints

35%

21. Humerus fracture

 

- Good union, normal movement

15%

- Mal union, atrophy

25%

22. 2 arms fracture

12%

23. Fracture of 1 radius or ulna

10%

24. Artificial joint of 2 bones

25%

25. Artificial joint of 1 bones

15%

26. Fracture of the lower extremity of the radius

10%

27. Fracture of the styloid process of the radius or ulna

8%

28. Fracture of wrist bones

10%

29. Fracture of metacarpals

8%

30. Fracture of collar bone:

 

- Good union

8%

- Malunion, Ankylosis of shoulder

18%

- Compression of axillary nerve

30%

31. Fracture of scapula:

 

- Bone body fracture

10%

- Horizontal fracture

17%

- Fracture of shoulder joint

30%

32. Fracture of finger bones

3%

II. PELVIC LIMBS

 

33. Loss of one leg from the groin ( hip disarticulation)

75%

34. Amputation of 1 thigh

 

the upper 1/3

70%

The middle or lower 1/3

55%

35. Amputation of 1 leg from the knee (knee disarticulation)

60%

36. Ankle disarticulation or loss of 1 foot

55%

37. Loss of talus

35%

38. Loss of calcaneus

35%

39. Loss of part of tibia and fibula makes leg pseudarthosis

35%

40. Loss of part of fibula

20%

41. Loss of malleolus:

 

- Lateral malleolus

10%

- Medial malleolus

15%

42. Loss of all 5 toes

45%

43. Loss of 4 toes including the big toe

38%

44. Loss of 4 toes excluding the big toe

35%

45. Loss of 3 toes no. 3-4-5

25%

46. Loss of 3 toes no. 1-2-3

30%

47. Loss of 1 big toe and 2nd toe

20%

48. loss of 1 big toe

15%

49. Loss of 1 toes excluding the big toe

10%

50. Loss of 1 phalanx of big toe

8%

51. Ankylosis of groin joint

45%

52. Ankylosis of knee

30%

53. Loss of most of patella and serious limitation to the ability to stretch the leg

45%

54. Bone fracture or loss of bone that shortens limbs

 

- At least 5cm

40%

- From 3cm to below 5cm 

35%

55. Total paralysis of  external popliteal sciatic nerve

35%

56. Total paralysis of  internal popliteal sciatic nerve

25%

57. Fracture of middle or lower 1/3 of the femora

 

- Good union

20%

- Mal union, varus or valgus, atrophy (the surgery cases will be paid at the highest level)

30%

58. Fracture of the upper 1/3 or femoral neck (the surgery cases shall be indemnified at the highest level)

 

- Good union, straight axis

25%

- Mal union, valgus, pain when walking, atrophy

35%

59. Artificial joint of the femur neck

45%

60. Fracture of 02 bones of leg (the fibula and tibia)

20%

61. Fracture of the tibia

15%

62. Fracture of the tibia plateau

15%

63. Fracture of the fibula

10%

64. Patellar tendon rupture

15%

65. Fracture of the patella (the surgery cases shall be indemnified at the highest level)

10%

66. Fracture of the patella, knee stiffness, or quadriceps atrophy

25%

67. Achilles tendon rupture (stitched)

15%

68. Fracture of metacarpals

7%

69. Fracture of calcaneus

15%

70. Fracture of navicular

15%

71. Fracture of toe

4%

72. Fracture of the horizontal pubis

25%

73. Fracture  of ischium

25%

74. Fracture of one side ilium

20%

75. Fracture of two-side ilium, pelvic deformity

40%

76. Fracture of sacrum

 

- No sphincter disorder

10%

- Sphincter disorder

25%

III. SPINE

 

77. Removal of the posterior arch:

 

- Of 1 vertebra

35 %

- Of 2 vertebras or more

45%

78. 1 flattened vertebra (no paralysis of the spinal cord)

30%

79. 2 flattened vertebra or more (no paralysis of the spinal cord)

45%

80. Fracture of the spinous process or transverse process:

 

- Of 1 vertebra

10%

- Of 2 or 3 vertebra

25%

IV. SKULL AND BRAIN

 

81. Skull defect (no sign of psychiatric disorder)

 

- Diameter < 6 cm

25 %

- Diameter varying from 6 to 10 cm

40%

- Diameter > 10 cm

50%

82. Language disorder due to brain injuries

 

- Idioglossia or spasmophemia that affect communication

30%

- Mutism due to injury to the Broca’s area

60%

- Loss of ability to use written language (aphasia due to injury to the Wernicke’s area)

55%

83. scalping ( whole or part, by percentage)

45%

84. Open head injuries

 

- Fracture of bones

40%

- Depressed skull fracture

30%

- Multiple bone fractures go into the brain

50%

85. Closed head injury

 

- Fracture of calvarias (usual crack or depressed fracture)

20%

- Bone fracture that spreads to the base of skull, no paralysis of nerve

30%

- Bone fracture that spreads to the base of skull with paralysis of nerve

40%

86. Brain injury:

 

- Cerebral concussion

8%

- Cerebral edema

40%

- Cerebral contusion

50%

- Subarachnoid hemorrhage

40%

- Intracranial hematomas (epidural, subdural, intracerebral)

30%

V.CHEST

 

87. Removal of 1 – 2 rib bones

15%

88. Removal of 3 rib bones or more

25%

89. Removal of part of rib bone

8%

90. Fracture of 1 – 2 rib bones

7%

91. Fracture of 3 rib bones or more

15%

92. Mere fracture of the sternum (cardiovascular and refractory functions are still normal)

15%

93. Fissure of the sternum

10%

94. Total removal of a lung

70%

95. Removal of multiple lobes of 2 lungs, DTS is reduced by over 50%

65%

96. Removal of multiple lobes of a lung

50%

97. Removal of a lung lobe

35%

98. Pleural effusion, pneumothorax, hemothorax (paracentesis only)

5%

99. Pneumothorax, hemothorax (drainage)

20%

100. Injuries to heart valves and heart cavity (no heart failure)

50%

101. Pericardial sewing:

 

- Bad surgery result

60%

- Good surgery result

35%

VI. ABDOMEN

 

102. Total removal of the stomach

75%

103. Segmental resection of the stomach

50%

104. Removal of most of the small intestine (less than 1 m remaining)

75%

105. Segmental resection of the small intestine

40%

106. Total removal of the large intestine

75%

107. Resection of part of the large intestine

50%

108. Mere removal of right liver

70%

109. Mere removal of left liver

60%

110. Removal of liver lobes, depending on the position, number, and surgery results

40%

111. Removal of the gall bladder

45%

112. Removal of the spleen

40%

113. Removal of the tail of pancreas or spleen

60%

114. Gastric perforation sewing

25%

115. Small intestine perforation sewing

30%

116. Large intestine perforation sewing

30%

117. Liver contusion, liver sewing

35%

118. Spleen capsule sewing

25%

119. Spleen capsule sewing

30%

VII. UNIRARY AND REPRODUCTIVE ORGANS

 

120. Removal of 1 kidney, the remaining kidney is functional

50 %

121. Removal of 1 kidney, the remaining kidney is damaged or sick

70%

122. Segmental resection of the left or right kidney

30%

123. Kidney injury:

 

- Slight (not special treatment is required, shorter than 5 days of monitoring)

4%

- Medium (special medication is required, longer than 5 days of monitoring)

10%

- Serious (contusion, surgical intervention is required)

47%

124. Segmental resection of the bladder

27%

125.  Bladder permanent stoma surgery

70%

126. Bladder perforation sewing

30%

127. Loss of the penis and 2 testicles of:

 

- A man under 55 years of age not having any child

70%

- A man under 55 years of age  having children

55%

- A man over 55 years of age  

35%

128. Removal of the womb and one ovary of:

 

- A woman under 45 years of age not having any child

60%

- A woman under 45 years of age  having children

30%

- A woman over 45 years of age  

25%

129. Removal of breast of  women

 

A woman under 45 years of age:

 

- 1 breast

20%

- 2 breast

45%

A woman over 45 years of age :

 

- 1 breast

15%

- 2 breast

30%

VIII. EYE

 

130. Loss or total blindness of 1 eye

 

- The implantation of an artificial eye is not possible

55%

- The implantation of an artificial eye is possible

50%

131. The vision of one eye is 1/10

30%

132. The vision of one eye is 2/10 – 4/10

12%

133. The vision of one eye is 5/10 – 7/10

7%

IX. EAR – NOSE - THROAT

 

134. Deafness of 2 ears

 

- Definitely unrecoverable

75%

- Serious (able to hear when being screamed at)

60%

- Medium (able to hear loud voices at 1 – 2 m)

35%

- Slight (able to hear loud voices at 2 – 4 m)

15%

135. Deafness of 1 ears

 

- Definitely unrecoverable

30%

- Medium

15%

- Slight

8%

136. Loss of both pinnae

20%

137. Loss of 1 pinna

10%

138. Shriveled pinnae, ear canal stenosis

20%

139. Loss of nose, nose deformity

18%

140. Esophageal stricture causing swallowing difficulties

20%

X.TEETH - MOUTH -  FACE

 

141. Loss of a part of the upper jawbone and part of the lower jawbone from the ramus and under:

 

- On different sides

80%

- the same side

70%

142. Total loss of the upper or lower jawbone

70%

143. Loss of part of the upper jawbone or part of the lower jawbone (1/3 – 1/2 of the jawbone is lost) from the ramus downwards

35%

144. Fracture of the upper jawbone and the lower jawbone, mal union, dislocation of temporomandibular joint which cause swallowing and chewing difficulties

30%

145. Fracture of the zygomatic bone, which causes slight the temporomandibular joint disorder and chewing difficulties

15%

146. Artificial temporomandibular joint due to nonunion or bone defects

20%

147. Loss of teeth:

 

- more than 08 teeth, implantation of false teeth is not possible

30%

- 5 – 7 teeth

15%

- 3 – 4 teeth

8%

- 1 – 2 teeth

5%

148. Loss of 3/4 of the tongue without losing the root (from the V line outwards)

75%

149. Loss of 2/3 of the tongue from the tip

50%

150. Loss of 1/3 of the tongue that causes pronunciation difficulties

15%

151. Loss of less than 1/3 of the tongue that causes pronunciation difficulties

10%

XI.SOFT TISSUE INJURIES

 

152. Soft tissue injuries that cause pain, numbness, convulsive movements (depending on the extent and seriousness), affect tendons, muscles, major blood vessels, and nerves

12 %

153. Chest and abdominal soft tissue injuries that affect respiration

35%

154. Soft tissue injuries that leave sclerosis and cause difficulties in eating, chewing, and neck movement

40%

155. Soft tissue injuries that cause large openings around the mouth cavity, lip and cheek injuries that seriously affect eating and drinking

50%

156. Loss of part of the palate that connect the nose and the mouth

20%

157. Superficial burn (first-degree, second-degree)

 

- Less than 5% of skin area

5%

- 5-15% of skin area

10%

- More than 15% of skin area

15%

158. Deep burn (third-degree, fourth-degree, fifth-degree)

 

- Less than 5% of skin area

20%

- 5-15% of skin area

35%

- More than 15% of skin area

60%

Special cases:

When any joint of a finger or toe is stiff (except for the thumb, index finger, and big toe), the indemnity is 50% of that for the amputation of that finger.

The total loss of the function of each part or permanent disablement is considered as loss of that one or loss of limb.

If a worker has only one healthy eye before the accident, and loses its sight due to the occupational accident, it shall be considered as permanent loss of over 81% of working capacity.

Where the working ability reduction is not specified in the schedule of indemnities against bodily injuries, it shall be indemnified according to the comparison of its seriousness with other cases on the schedule of indemnities. In case it is impossible to determine the work ability reduction, indemnities shall be calculated according to the conclusion of the Board of Medical Examiners.

In case of discrepancy in the work ability reduction between provisions of this Annex and the Board of Medical Examiner’s conclusion, the higher percentage shall apply.


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Thuộc tính Văn bản pháp luật 329/2016/TT-BTC

Loại văn bảnThông tư
Số hiệu329/2016/TT-BTC
Cơ quan ban hành
Người ký
Ngày ban hành26/12/2016
Ngày hiệu lực01/03/2017
Ngày công báo...
Số công báo
Lĩnh vựcXây dựng - Đô thị, Bảo hiểm
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật7 năm trước
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Download Văn bản pháp luật 329/2016/TT-BTC

Lược đồ Circular 329/2016/TT-BTC guideline 119/2015/ND-CP compulsory insurance for construction activities


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản đính chính

          Văn bản bị thay thế

            Văn bản hiện thời

            Circular 329/2016/TT-BTC guideline 119/2015/ND-CP compulsory insurance for construction activities
            Loại văn bảnThông tư
            Số hiệu329/2016/TT-BTC
            Cơ quan ban hànhBộ Tài chính
            Người kýTrần Xuân Hà
            Ngày ban hành26/12/2016
            Ngày hiệu lực01/03/2017
            Ngày công báo...
            Số công báo
            Lĩnh vựcXây dựng - Đô thị, Bảo hiểm
            Tình trạng hiệu lựcCòn hiệu lực
            Cập nhật7 năm trước

            Văn bản thay thế

              Văn bản gốc Circular 329/2016/TT-BTC guideline 119/2015/ND-CP compulsory insurance for construction activities

              Lịch sử hiệu lực Circular 329/2016/TT-BTC guideline 119/2015/ND-CP compulsory insurance for construction activities

              • 26/12/2016

                Văn bản được ban hành

                Trạng thái: Chưa có hiệu lực

              • 01/03/2017

                Văn bản có hiệu lực

                Trạng thái: Có hiệu lực