Quyết định 2114/QD-BTC

DECISION

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF RULES, PREMIUMS AND LIABILITY LEVELS OF AGRICULTURAL INSURANCE PROMULGATED TOGETHER WITH THE DECISION NO. 3035/QD-BTC DATED 16/12/2011 OF THE MINISTER OF FINANCE

THE MINISTER OF FINANCE

Pursuant to the Law on insurance business No. 24/2000/QH10 dated 09/12/2000;

Pursuant to the Law on amending and supplementing a number of articles of Law on insurance business No. 61/2010/QH12 dated 24/11/2010 and documents guiding implementation;

Pursuant to the Government’s Decree No. 118/2008/ND-CP dated 27/11/2008 defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Prime Minister’s Decision No. 315/QD-TTg dated 01/3/2011 on pilot provision of agricultural insurance during 2011- 2013;  

Pursuant to the Circular No. 47/2011/TT-BNNPTNT dated 29/6/2011 of the Ministry of Agriculture and Rural Development guiding implementation for pilot agricultural insurance in farming, livestock husbandry, aquaculture under the Prime Minister’s Decision No.315/QD-TTg dated March 01, 2011;

Pursuant to the Circular No. 43/2012/TT-BNNPTNT dated 23/8/2012 of the Ministry of Agriculture and Rural Development on amending and supplementing a number of articles of the Circular No. 47/2011/TT-BNNPTNT dated 29/6/2011 of the Ministry of Agriculture and Rural Development guiding implementation for pilot agricultural insurance in farming, livestock husbandry, aquaculture under the Prime Minister’s Decision No.315/QD-TTg dated March 01, 2011;

At the proposal of Director of Insurance Supervisory Authority,

DECIDES:

Article 1. To amend and supplement a number of articles of rules, premiums and liability levels of rice insurance under the productivity index promulgated together with the Decision No. 3035/QD-BTC dated 16/12/2011 of the Minister of Finance as follows:

1. Amending and supplementing clause 4, clause 9, clause 13 and clause 14 Article 2 as follows:

“4. The insured units: Being communes as selected by provinces to participate in pilot implementation of agricultural insurance according to the Decision No. 315/QD-TTg dated 01/3/2011. In case where localities have data of statistics about actual productivity of villages or cooperatives that are announced by agencies providing data of actual productivity, the insured units are villages or cooperatives”. 

“9. Insured productivity: Being calculated by 90% of average productivity of village or insured unit. Insurance just pay compensation in case where the actual productivity is lower than the insured productivity at the insured unit. Calculation unit is quintal/ha”.

“13. Natural disasters: Including the following natural risks:  Storms, floods, drought, heavy cold, harmful cold, frost, saline infiltration, tsunamis, thunderstorms, tornadoes under the announcement on natural disasters of competent functional agencies”.

“14. Epidemics: Including the following epidemic risks:  Yellow stunt, ragged-leaf stunt, black-stripe stunt, rice blast, blight, BPH, borer diseases. The above epidemics are announced epidemics or confirmed as epidemics by competent function agencies'.

2. To amend Article 4 as follows:

“Article 4. Scope of insurance:

Insurers will compensate for insured persons the decline of rice productivity caused by natural risks and/or pests, diseases / epidemics in insured duration.

Additional insurance: Scope of insurance according to this Rule is extended to insure for expenses for re-planting in case of over 5 ha rices in village are damaged in fact during time of transplanting / sowing caused by the insured risks as this Rule. In that case, insurers will compensate for the insured persons one with the compensated amount is equal to 5% of insured amount of rice area that must transplant/ sow again.

Insurance contracts are continued to take effect for the influenced rice area and already been transplanted/sown again.

If transplanting/sowing are not performed again, the insurance contracts will be invalid automatically”.

3. Amending and supplementing point b, clause 1 Article 8 as follows:

“b. Being collected by insurers:

- Written announcements on natural disaster, epidemics of provincial People’s Committees. If the happening epidemics are not eligible for announcement on epidemics as prescribed, it must have confirmation on epidemics of the district People’s Committees.

- Written announcement of agencies providing data on actual productivity;

- Other papers relating to the resolving of insurance compensation at the request of insurers and in conformity with law”.

4. Amending point 3 of Annex on the rice insurance premium table under the productivity index promulgated together with the rule, premiums and liability levels of rice insurance under the productivity index as follows:

“3. Rates of insurance premium: Rates of insurance premium are applies to all crops in province, are calculated by the percentage on the insured amount.

Article 2. To amend and supplement a number of articles of rules, premiums and liability levels of pet insurance promulgated together with the Decision No. 3035/QD-BTC dated 16/12/2011 of the Minister of Finance as follows:

1. Annulling clause 4, clause 5, clause 6 Article 2; clause 2 Article 3 and clause 1 Article.

2. Amending clause 8 Article 2 as follows:

“8. Insurance event: Being event where pet die due to diseases and epidemics or natural disasters in insurance duration and in the insurance scope under announcement on natural disasters, epidemics or confirmation on epidemics of competent function agencies”.

3. Amending and supplementing point dd, point e, clause 4 Article 3 as follows:

“dd. Meaty chickens and ducks: From 2 weeks aged to ending the rearing cycle depend on each kind.

e. Reproductive hens and ducks: From 2 weeks aged to 60 weeks aged”.

4. Amending and supplementing clause 1, clause 2 Article 4 as follows:

“1. Natural disasters: Including the following natural risks:  Storms, floods, drought, heavy cold, harmful cold, frost, saline infiltration, tsunamis, thunderstorms, tornadoes under the announcement on natural disasters of competent functional agencies”.  

2. Epidemics: Including the following epidemic risks:

a. For cattle: Foot and mouth disease, haemorrhagic septicemia disease and anthrax.

b. For pig: Blue ear disease, foot and mouth disease, swine erysipelas, paratyphoid, pasteurellosis; cholera.

c. For chicken, duck: Avian flu, Newcastle, Gumboro, cholera (duck).

The above epidemics are announced epidemics or confirmed as epidemics by competent function agencies”.

5. Supplementing clause 3 to Article 6 as follows:

“3. Insured amounts for meaty pigs, chickens and ducks are calculated on the basis of output value of herds under the rearing cycle”.

6. Supplementing clause 4, clause 5 to Article 7 as follows:

“4. Meaty chickens and ducks: The rearing cycle of from 2 weeks aged to time of taking out coop and not exceeding 7 weeks aged for chickens, ducks for meat provision and 10 weeks aged for chickens, ducks with a twofold purpose.

5. Reproductive hens and ducks: One year or whole rearing cycle”.

7. Amending and supplementing point b, clause 2; point b, point c clause 4 Article 10 as follows:

“2. Dossier of compensation includes:

b. Being collected by insurers:

- Written announcements on natural disaster, epidemics of provincial People’s Committees. If the happening epidemics are not eligible for announcement on epidemics as prescribed, it must have confirmation on epidemics of the district People’s Committees.  

- Minutes on damage assessment. In case where insurers and insured persons fail to unify about damage extent, it must have confirmation on damage extent made by competent function agencies;

- Decision on destruction in case where pets must be destroyed as prescribed by competent functional agencies (if any);

- Confirmation about payment of insurance premium.

4. Compensation payment

b. Meaty chickens and ducks:

c. Reproductive hens and ducks:

8. Supplementing clause 5 Article 12 as follows:

“5. Insurers shall coordinate with functional agencies in propagation and guidance on pilot agricultural insurance”.

9. Amending point 1, point 2 of Annex on the pet insurance premium table promulgated together with the rule, premiums and liability levels of pet insurance as follows:

“1. Insured amount:

The insured amount shall be agreed between the insured persons and insurers on the basis of actual prices but not exceed the amounts as prescribed below:

2. Insurance premium table:

Article 3. To amend and supplement a number of articles of rules, premiums and liability levels of  shrimp / fish insurance promulgated together with the Decision No. 3035/QD-BTC dated 16/12/2011 of the Minister of Finance as follows:

1. To replace term of “tom chan trang” (whiteleg prawn) used in the rules, premiums and liability levels of shrimp / fish insurance promulgated together with the Decision No. 3035/QD-BTC dated 16/12/2011 of the Minister of Finance by term “tom the chan trang” (whiteleg shrimp).

2. Amending clause 5; amending and supplementing clause 6 and clause 7 Article 2 as follows:

“5. Insured objects: Include sugpo prawn, whiteleg shrimp (prawn); shark catfish (fish) that are cultured as commercial products at aquaculture facilities.

6. Epidemics: Including the following epidemic risks:

- Sugpo prawn: White spot syndrome, yellowhead disease, infectious hypodermal and hematopoietic necrosis virus (IHHNV) and acute hepatopancreatic necrosis syndrome (AHPNS);

- Whiteleg shrimp: White spot syndrome, yellowhead disease, infectious hypodermal and hematopoietic necrosis virus (IHHNV), Infectiuos meonecrosis virus (IMNV); Taura syndrome and acute hepatopancreatic necrosis syndrome (AHPNS);

- Shark catfish: Bacterial liver and kidney disease.

The above epidemics are announced epidemics or confirmed as epidemics by competent function agencies.

7. Natural diasters: Including the following natural risks:  Storms, floods, drought, heavy cold, harmful cold, frost, saline infiltration, tsunamis, thunderstorms, tornadoes under the announcement on natural disasters of competent functional agencies.

3. To amend clause 2 Article 3 as follows:

“2. The insured persons are encouraged to buy insurance for whole aquaculture facilities under their management and use in the same commune. The insured persons also may select to buy insurance for one or several their aquaculture facilities”.

4. Amending and supplementing Article 4 as follows:

“Article 4. Scope of insurance:

The insured persons will be paid compensation under the rate of compensation specified in clause 4 Article 9 of this Rule for losses due to the following direct reasons:

1. Sugpo prawn: White spot syndrome, yellowhead disease, infectious hypodermal and hematopoietic necrosis virus (IHHNV) and acute hepatopancreatic necrosis syndrome (AHPNS). Whiteleg shrimp: White spot syndrome, yellowhead disease, infectious hypodermal and hematopoietic necrosis virus (IHHNV), Infectiuos meonecrosis virus (IMNV); Taura syndrome and acute hepatopancreatic necrosis syndrome (AHPNS). Shark catfish: Bacterial liver and kidney disease.

The above epidemics are announced epidemics or confirmed as epidemics by competent function agencies.

2. Prawn / fish subject to die-off and / or clear loss due to natural disasters that have been announced disasters by compentent functional agencies”.

5. Amending and supplementing point b, clause 2 of Article 9 as follows:

“Being collected by insurers:

- Written announcements on natural disaster, epidemics of provincial People’s Committees. If the happening epidemics are not eligible for announcement on epidemics as prescribed, it must have confirmation on epidemics of the district People’s Committees;

- Minutes on damage assessment. In case where insurers and insured persons fail to unify about damage extent, it must have confirmation on damage extent made by competent function agencies;

- Confirmation about payment of insurance premium;

- Other papers relating to the resolving of insurance compensation at the request of insurers and in conformity with law”.

Article 4. This Decision takes effect on the day of its signing.

Director of the Insurance Supervisory Authority; Chief of Office of the Ministry of Finance; heads of relevant units and insurers allowed to implement pilot agricultural insurance shall implement this Decision.